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History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the protection of water supplies
In Assembly Committee · Environmental Conservation · Sponsor William Parment
Full text
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Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to protection of water supplies
Purpose or general idea of bill
The purpose of this legislation is to provide a course of action for landowners and gas/oil drillers if a water well becomes contaminated.
SUMMARY OF SPECIFIC PROVISIONS
Article 23 of the environmental conservation law is amended by adding a new title 15.
Justification
Many landowners have voiced concern about the possibility of contamination of water wells which may occur with natural gas or oil well drilling activities. This legislation establishes a framework for the process of a landowner's complaint and provides drillers with a presumptive defense.
The legislation requires that any driller/producer who affects a public or private potable water supply by pollution or diminution shall restore or replace the affected supply with water of adequate quantity and quality. The legislation allows any landowner who feels they have suffered pollution or diminution of their water supply as a result of drilling activity to contact the Department of Environmental Conservation which will conduct an investigation and it outlines the process for the Department to follow.
The legislation establishes five defenses against the presumption of contamination for the driller/producer.
1) The pollution existed prior to the drilling or alteration activity as determined by a predrilling or prealteration survey. 2) The landowner, water purveyor refused to allow the driller/producer access to conduct a predrilling or prealteration survey. 3) The water supply is not within one thousand feet of the well. 4) The pollution occurred more than six months after completion of drilling or alteration activities. 5) The pollution occurred as the result of some other causes other that the drilling or alteration activity.
The legislation requires drillers who conduct pretesting of water wells to use an independent certified laboratory and that the results are provided to the Department and the landowner.
This change in law will not prevent any landowner who claims pollution or diminution of a water supply from seeking any other remedy provided by law.
Prior legislative history
Formerly A-5206-A of 1986, passed the Assembly, died in the Senate.
Fiscal implications
This legislation will have no fiscal implications for State or Local Government.
Effective date
This act shall take effect on the hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.