What's happening
This bill makes oil, gas, salt, or hydrocarbon well producers liable if their actions cause a public water system to lose its filtration avoidance waiver, with penalties and operational suspensions possible.
Why it matters
Creates clear legal liability for oil, gas, salt, and hydrocarbon well operators. if their actions directly cause a public water system to lose its filtration avoidance waiver, incentivizing greater care to protect water sources.
Establishes significant financial and operational consequences. for violations, including civil penalties, additional fines, and the immediate suspension of drilling or exploration activities, which could affect business operations and increase the cost of risk.
Empowers state regulators with strong enforcement authority,. including the ability to halt operations swiftly and a fast-track judicial review process, potentially leading to quicker responses to contamination events and stronger deterrence.
Strengthens protections for public drinking water systems. by making it harder for industrial activities to compromise water quality standards without accountability, which could result in long-term public health and infrastructure cost savings.
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Who cares
Headline styles
Hold Polluters Liable for Water
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
2 Multi-sponsors
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.
Hold Polluters Liable for Water
In Senate Committee · Environmental Conservation · Sponsor Tony Avella
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3102
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. COLTON, WEPRIN, ROSENTHAL, COOK -- Multi-Sponsored by -- M. of A. RIVERA, WALKER -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the public health law, in relation to assigning liability to a producer for actions leading to a public water system's failure to meet filtration avoidance criteria
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 23-0315 to read as follows: § 23-0315. Producer's liability; filtration arbitration determination
waivers.
1. A producer, as defined in section 23-0101 of this article, granted a permit pursuant to the provisions of this article, for the exploration, drilling or development of wells that produce oil, gas, salt or hydrocarbon mixture, shall be held liable for actions, performed or completed while in the process of exploration, drilling or development of a well, that directly result in the failure of a public water system to meet all of the existing filtration avoidance criteria established by 40 C.F.R. § 141.71 and any other federal or state rules or regulations, and further results in the failure of such public water system to receive or renew a filtration avoidance determination waiver.
2. Any person who violates the provisions of this section shall be liable for such civil penalties or sanctions as provided in section 71-1307 of this chapter, and for any additional civil damages or fines associated to such violation.
3. The commissioner shall order an immediate suspension of exploration, drilling or development operations whenever such actions are in violation of this section. Any order issued pursuant to this subdivision shall be reviewed upon application of an aggrieved party by means of an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00608-01-7
A. 3102 2
order to show cause which order shall be issued by any justice of the supreme court in the judicial district in which any order applies and shall be returnable on the third succeeding business day following the issuance of such order. Service of such show cause order shall be made upon the regional office of the department for the region in which such order applies, and upon the attorney general by delivery of such order to an assistant attorney general at an office of the attorney general in the county in which venue of the proceeding is designated, or if there is no office of the attorney general within such county, at the office of the attorney general nearest such county. Except as hereinabove specified, the proceeding to review an order shall be governed by article seventy-eight of the civil practice law and rules. Nothing in this section shall be construed to restrict the commissioner's abatement powers as provided in sections 71-0301 and 3-0301 of this chapter.
§ 2. The public health law is amended by adding a new section 1170 to read as follows:
§ 1170. Producer's liability; filtration arbitration determination waivers. 1. A producer, as defined in section 23-0101 of the environmental conservation law, granted a permit pursuant to the provisions of such chapter, for the exploration, drilling or development of wells that produce oil, gas, salt or hydrocarbon mixture, shall be held liable for actions, performed or completed while in the process of exploration, drilling or development of a well, that directly result in the failure of a public water system to meet all of the existing filtration avoidance criteria established by 40 C.F.R. § 141.71 and any other federal or state rules or regulations, and further results in the failure of such public water system to receive or renew a filtration avoidance determination waiver.
2. Any person who violates the provisions of this section shall be liable for such civil penalties or sanctions as provided in section 71-1307 of the environmental conservation law, and for any additional civil damages or fines associated to such violation.
3. The commissioner of environmental conservation shall order an immediate suspension of exploration, drilling or development operations whenever such actions are in violation of this section. Any order issued pursuant to this subdivision shall be reviewed upon application of an aggrieved party by means of an order to show cause which order shall be issued by any justice of the supreme court in the judicial district in which any order applies and shall be returnable on the third succeeding business day following the issuance of such order. Service of such show cause order shall be made upon the regional office of the department of environmental conservation for the region in which such order applies, and upon the attorney general by delivery of such order to an assistant attorney general at an office of the attorney general in the county in which venue of the proceeding is designated, or if there is no office of the attorney general within such county, at the office of the attorney general nearest such county. Except as hereinabove specified, the proceeding to review an order shall be governed by article seventy-eight of the civil practice law and rules. Nothing in this section shall be construed to restrict the commissioner of environmental conservation's abatement powers as provided in sections 71-0301 and 3-0301 of the environmental conservation law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.