New York A 4383: Relates to the protection of water supplies

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A04383 Summary:

BILL NOA04383 

&nbsp

SAME ASNo Same As

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SPONSORMolitor

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COSPNSR

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MLTSPNSR

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Add Art 23 Title 15 §23-1501, En Con L

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Relates to the protection of water supplies; requires an oil and gas driller or producer who affects a public or private potable water supply to restore or replace such water supply.

Go to top A04383 Actions:

BILL NOA04383 

&nbsp

02/04/2025referred to environmental conservation

01/07/2026referred to environmental conservation

Go to topA04383 Committee&nbspVotes:

Go to topA04383 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04383 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4383

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
 tee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to
 protection of water supplies

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 23 of the environmental conservation law is amended
 2 by adding a new title 15 to read as follows:
 3 TITLE 15
 4 PROTECTION OF WATER SUPPLIES
 5 Section 23-1501. Protection of water supplies.
 6 § 23-1501. Protection of water supplies.
 7 1. Any owner, driller or producer who affects a public or private
 8 potable water supply by pollution or diminution as defined in subdivi-
 9 sion two of this section shall restore or replace the affected supply
 10 with an alternate source of water adequate in quantity and quality for
 11 the purposes served by the supply.
 12 2. Pollution shall be considered to have occurred when any of the
 13 following parameters shall increase by an amount to cause the water from
 14 the affected well to exceed drinking water standards as established by
 15 the United States Environmental Protection Agency: chlorides; pH;
 16 turbidity; iron; manganese; alkalinity; calcium; conductivity; dissolved
 17 solids; hardness; potassium; sodium; oil and grease; sulfate; coliform
 18 or methane.
 19 In the event that the United States Environmental Protection Agency
 20 drinking water standards fail to recognize any of the foregoing parame-
 21 ters, pollution shall be considered to have occurred if a parameter
 22 increases by ten percent or more.
 23 Diminution shall be considered to have occurred when the volume of
 24 water from an affected water supply shall precipitously diminish by
 25 fifty percent or more.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07716-01-5

 A. 4383 2

 1 3. Any landowner, water purveyor or other person suffering pollution
 2 or diminution of a water supply as a result of the drilling, treatment,
 3 alteration or operation of an oil or gas well may so notify the depart-
 4 ment and request that an investigation be conducted. Within ten days of
 5 such notification, the department shall investigate any such claim and
 6 shall, within forty-five days following notification, make a determi-
 7 nation. If the department finds that the pollution or diminution was
 8 caused by the drilling, treatment, alteration or operation activities,
 9 or if it presumes the owner, driller or producer responsible for
 10 pollution or diminution pursuant to subdivision four of this section
 11 then it shall issue such orders to the owner, driller or producer as are
 12 necessary to assure compliance with subdivision one of this section.
 13 Such orders may include orders requiring the temporary replacement of
 14 water supply where it is determined that the pollution or diminution may
 15 be of limited duration.
 16 4. Unless rebutted by one of the five defenses established in subdivi-
 17 sion five of this section, it shall be presumed that an owner, driller
 18 or producer is responsible for the pollution or diminution of volume of
 19 a water supply that is within one thousand feet of the drilling, alter-
 20 ation or operation activities, where the pollution occurred within six
 21 months or the diminution of volume occurred within forty-eight hours
 22 after the completion of drilling, treatment or alteration of such w