S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2316
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and  the  transporta-
   tion corporations law, in relation to prohibiting state authorizations
   related to certain offshore oil and natural gas production

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs a and b of subdivision 1 of section  23-1101  of
 the  environmental conservation law, as added by chapter 722 of the laws
 of 1977, are amended to read as follows:
   a. The exploration, development and production of gas  in  state-owned
 lands,  except  state  park  lands,  THE  MARINE AND COASTAL DISTRICT AS
 DEFINED IN SECTION 13-0103 OF THIS CHAPTER,  and  the  lands  under  the
 waters of Lake Ontario or along its shoreline; and
   b.  The  exploration, development and production of oil in state-owned
 lands, except state park lands,  THE  MARINE  AND  COASTAL  DISTRICT  AS
 DEFINED  IN  SECTION  13-0103  OF  THIS CHAPTER, and the lands under the
 waters of Lake Erie and Lake Ontario or along their shorelines.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 23-1105 to read as follows:
 § 23-1105. PROHIBITION   ON  STATE  AUTHORIZATIONS  RELATED  TO  CERTAIN
              OFFSHORE OIL AND NATURAL GAS PRODUCTION.
   1. NEITHER THE DEPARTMENT NOR THE OFFICE  OF  GENERAL  SERVICES  SHALL
 ENTER  INTO  ANY NEW LEASE OR OTHER CONVEYANCE, LEASE RENEWAL, EXTENSION
 OR MODIFICATION, THAT AUTHORIZES THE EXPLORATION FOR, OR THE DEVELOPMENT
 AND PRODUCTION OF, OIL OR NATURAL GAS UPON LANDS OWNED BY THE  STATE  IN
 THE  MARINE  AND  COASTAL DISTRICT AS DEFINED IN SECTION 13-0103 OF THIS
 CHAPTER, THAT WOULD RESULT  IN  THE  INCREASE  OF  OIL  OR  NATURAL  GAS
 PRODUCTION FROM FEDERAL WATERS.
   2.  THE  DEPARTMENT  IS  AUTHORIZED  TO ESTABLISH SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05554-02-9

 S. 2316                             2
 
   3. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  HAVE  THE
 FOLLOWING MEANINGS:
   A.  "DEVELOPMENT"  MEANS  THOSE  ACTIVITIES TAKING PLACE FOLLOWING THE
 DISCOVERY OF OIL AND NATURAL GAS, INCLUDING GEOPHYSICAL ACTIVITY, DRILL-
 ING, PLATFORM CONSTRUCTION, PIPELINE CONSTRUCTION, AND OPERATION OF  ALL
 ONSHORE  SUPPORT FACILITIES THAT ARE PERFORMED FOR THE PURPOSES OF ULTI-
 MATELY PRODUCING THE RESOURCES DISCOVERED.
   B. "EXPLORATION" MEANS THE PROCESS OF SEARCHING FOR  OIL  AND  NATURAL
 GAS,  INCLUDING  ANY  DRILLING WHETHER ON OR OFF KNOWN GEOLOGICAL STRUC-
 TURES, INCLUDING THE DRILLING OF A WELL IN WHICH A DISCOVERY OF  OIL  OR
 NATURAL  GAS IS MADE AND THE DRILLING OF ANY ADDITIONAL DELINEATION WELL
 AFTER THE DISCOVERY THAT IS NEEDED TO  DELINEATE  ANY  RESERVOIR  AND  A
 LESSEE TO DETERMINE WHETHER TO PROCEED WITH DEVELOPMENT AND PRODUCTION.
   C.  "FEDERAL  WATERS"  MEANS  THOSE  WATERS  AND SUBMERGED LANDS LYING
 SEAWARD TO THE STATE WATERS OF NEW YORK THAT  APPERTAIN  TO  THE  UNITED
 STATES AND ARE SUBJECT TO FEDERAL JURISDICTION AND CONTROL.
   D.  "NEW  OR ADDITIONAL EXPLORATION, DEVELOPMENT, OR PRODUCTION OF OIL
 OR NATURAL GAS" INCLUDES ANY ACTIVITY UNDERTAKEN TO INCREASE THE CAPACI-
 TY OF ANY PIPELINE OR OTHER INFRASTRUCTURE USED TO CONVEY OIL OR NATURAL
 GAS FROM FEDERAL WATERS.
   E. "PRODUCTION" MEANS THOSE  ACTIVITIES  THAT  TAKE  PLACE  AFTER  THE
 SUCCESSFUL  COMPLETION  OF  ANY MEANS FOR THE REMOVAL OF OIL AND NATURAL
 GAS, INCLUDING THAT REMOVAL, FIELD OPERATIONS, TRANSFER OR RESOURCES  TO
 SHORE,   OPERATION,  MONITORING,  MAINTENANCE,  AND  WORKOVER  DRILLING.
 "PRODUCING" MEANS UNDERTAKING THOSE ACTIVITIES.
   § 3. Section 80 of the transportation corporations law is  amended  to
 read as follows:
   §  80.  [Definition]  DEFINITIONS.    1.  A pipe line corporation is a
 corporation organized to construct and operate for  public  use,  wholly
 within  or  partly  without  this state, except in the city of New York,
 lines of pipe for conveying  or  transporting  therein  petroleum,  gas,
 liquids  or  any products or property, or, except in such city, to main-
 tain and operate for public use for which such purposes  lines  of  pipe
 already constructed.
   2.  FOR THE PURPOSES OF THIS ARTICLE, THE TERMS "EXPLORATION", "DEVEL-
 OPMENT", "PRODUCTION", AND "FEDERAL  WATERS"  SHALL  BE  DEFINED  AS  IN
 SECTION 23-1105 OF THE ENVIRONMENTAL CONSERVATION LAW.
   3.  "NORTH  ATLANTIC PLANNING AREA" MEANS AN AREA OF FEDERAL WATERS IN
 THE OUTER CONTINENTAL SHELF TOTALING NINETY-TWO  MILLION  THREE  HUNDRED
 TWENTY THOUSAND ACRES ADJACENT TO THE COASTAL WATERS OF MAINE, NEW HAMP-
 SHIRE,  MASSACHUSETTS,  RHODE  ISLAND,  CONNECTICUT,  NEW  YORK, AND NEW
 JERSEY.
   § 4. Section 83 of the transportation corporations law is  amended  to
 read as follows:
   §  83.  Condemnation  of  real  property.  In case such corporation is
 unable to agree for the purchase of any real property required  for  the
 purposes of its incorporation, and its route in the county in which such
 real  property  is  situated has been finally located, it shall have the
 right to acquire title thereto by  condemnation,  but  such  corporation
 shall  not  locate  its  route  or construct any line of pipe through or
 under any building, dooryard, lawn, garden or  orchard,  except  by  the
 consent  of  the owner thereof in writing duly acknowledged, nor through
 any cemetery or burial ground, nor within one hundred feet of any build-
 ing except where such line is authorized by public officers to  be  laid
 across  or  upon any public highway, AND SHALL NOT CONSTRUCT ANY LINE OF
 PIPE THAT SUPPORTS FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORA-

 S. 2316                             3
 
 TION, DEVELOPMENT, OR PRODUCTION OF OIL OR NATURAL GAS IN FEDERAL WATERS
 LOCATED IN THE NORTH ATLANTIC PLANNING AREA.  No such corporation  shall
 lay or construct its line of pipe through or under a street in any city,
 unless  it shall first obtain the consent of a majority of the owners of
 property abutting on that portion of the street in which its  pipe  line
 is  to  be  laid.  Such pipe line shall be laid with reasonable care and
 prudence.
   § 5. Section 89 of the transportation corporations law, as amended  by
 chapter 60 of the laws of 1962, is amended to read as follows:
   §  89.  Over  state  lands. The commissioner of general services shall
 have power to grant to any pipe line corporation any lands belonging  to
 the  people  of this state which may be required for the purposes of its
 incorporation on such terms as may be agreed, or  such  corporation  may
 acquire  title  thereto  by condemnation, except THAT NO CORPORATION MAY
 CONDEMN ANY LANDS FOR THE PURPOSES OF THE CONSTRUCTION OF  ANY  LINE  OF
 PIPE THAT SUPPORTS FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORA-
 TION,  DEVELOPMENT,  OR  PRODUCTION  OF  OIL OR NATURAL GAS IN THE NORTH
 ATLANTIC PLANNING AREA, AND FURTHER EXCEPTING that no pipe  line  corpo-
 ration  may condemn any canal lands abandoned pursuant to the provisions
 of article four of the public lands law[, constituting chapter fifty  of
 the  laws  of  nineteen hundred nine, as amended,] until after they have
 been sold and conveyed in the manner provided by the public  lands  law.
 If  any  lands  owned  by  any  county, city or town be required by such
 corporation for such purposes, the county, city or town officers  having
 charge  of  such  lands may grant them to the corporation upon terms and
 compensation agreed upon.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, on invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved  in  the  controversy  in  which  such
 judgement  shall  have been rendered. It is hereby declared to be in the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   § 7. This act shall take effect immediately.