N.Y. PAR Law § 13.31*2 — New York Code / Act PAR / Title C / Article 13 / Section 13.31*2
Oil and gas drilling in Allegany state park
Status: in_force

* § 13.31 Oil and gas drilling in Allegany state park. 1. Legislative\nfindings and declaration. The legislature finds and declares that\nAllegany state park harbors unique and irreplaceable natural and scenic\nresources and provides an extensive variety of recreational and\neducational opportunities for New York residents and visitors. The park\nis located in a geologically distinct, unglaciated area with unique\nterrestrial, freshwater and old growth forest ecosystems that warrant\nspecial protection, and is home to numerous rare, threatened and\nendangered species of plants and wildlife. The park's sixty-five\nthousand acres are the largest tract of intact, unfragmented forest land\nin the western half of the state, including mature second-growth as well\nas extensive old-growth forests. These features are an invaluable and\nirreplaceable part of the state's natural heritage which the state is\nobligated to preserve for future generations.\n  The legislature further finds and declares that a unique circumstance\nexists in Allegany state park whereby private entities control\nsubsurface oil and gas rights beneath portions of the park. Ownership of\nsuch subsurface oil and gas rights was severed and retained in private\nownership prior to the acquisition and creation of the park by the state\nof New York in the early twentieth century. It is the purpose of this\nsection to ensure that any exploration, drilling, or production\nassociated with privately-controlled oil and gas rights within Allegany\nstate park, including all activities necessary to obtain access to\nsubsurface oil and gas, be undertaken with the strictest possible\noversight to minimize adverse impacts on the park's natural, scenic, and\nrecreational resources and the public's access to them and enjoyment\nthereof. It is intended that the provisions of this section be liberally\nconstrued and applied in furtherance of this purpose.\n  The legislature finds and declares that the provisions of this section\nhave been enacted pursuant to the statutorily-mandated duty of the\noffice to provide for the health, safety and welfare of the public using\nfacilities under its jurisdiction. The legislature finds that the\nprovisions of this section constitute reasonable restrictions upon the\nexercise of privately-controlled oil and gas rights in furtherance of\nthe state's sovereign power and duty to hold public parklands in trust\nfor the benefit of the people of the state.\n  2. Surface access permit. No drilling, road building, clearing of\nvegetation, or other activity in furtherance of the exploration or\nproduction of privately-controlled oil or gas rights beneath state owned\nland within Allegany state park shall be undertaken except pursuant to\nthe terms of a surface access permit issued by the office pursuant to\nthis section. An application for such permit shall be filed with the\noffice concurrent with the application to the department of\nenvironmental conservation for a permit to drill an oil or gas well and\nshall include at a minimum:\n  (a) proof satisfactory to the office of the applicant's legal right to\nrecover oil or gas resources beneath state owned land, including copies\nof title reports and, where applicable, leases with title holders, and a\nboundary survey completed by a licensed surveyor of the affected area;\n  (b) a map identifying the proposed location of each oil or gas well\nfor which an application for a drilling permit has been submitted to the\ndepartment of environmental conservation;\n  (c) a general description of the proposed oil or gas exploration and\nproduction activities;\n  (d) identification of the amount of water needed and its sources;\n  (e) a detailed description of all surface disturbance associated with\nthe proposed exploration and production of oil or gas, including but not\nlimited to the location and specifications of all roads proposed to be\nconstructed, all proposed well drilling locations, and the location and\namount of proposed tree and vegetation removal, and the methods to be\nused in such activities;\n  (f) a description of how produced oil or gas will be transported out\nof the park, including a detailed description of the construction and\nlocation of all proposed transmission lines;\n  (g) an estimate of the amount of waste products by type expected to\nresult from construction, exploration and production and a description\nof how such waste will be handled and disposed of;\n  (h) a description of the methods to be used to control stormwater flow\nand erosion;\n  (i) distances from streams of proposed work, identification of\naffected streams and methods of stream crossings, if any;\n  (j) estimated number, species and diameter of trees to be removed and\nmethod of removal;\n  (k) a detailed description and timeline of steps that will be taken to\nreclaim the affected surface area and restore it to its previous natural\ncondition once drilling and production activities have ceased. Such\ndescription shall describe interim restoration activities that shall\noccur immediately after each well has been drilled and any associated\ntransmission lines have been installed, as well as final restoration\nactivities that shall occur after production has ceased;\n  (l) a comprehensive inventory of plant and animal species, ecological\ncommunities, wetlands, and surface streams within the area, as\ndetermined by the office, that may be affected by proposed drilling\nlocations, road construction, transmission lines, and any other\nactivities associated with proposed exploration and production\nactivities, and an analysis of the potential adverse impacts on such\nspecies, ecological communities, wetlands, and surface streams; and\n  (m) a description of historic, archeological and cultural resources\npotentially affected by proposed exploration, production, road building,\nand transmission lines.\n  3. Surface access permit conditions. Any surface access permit granted\nby the office pursuant to this section shall include the following terms\nand conditions:\n  (a) The office may limit the number of well sites, the location of\nwell sites, and the amount of cleared area associated with each well\nsite in order to mitigate adverse impacts to natural, ecological,\nscenic, and recreational resources.\n  (b) No liquid or solid wastes shall be collected or stored in open\npits nor disposed of or released within the park.\n  (c) The office may limit the construction and the location of access\nroads in order to mitigate adverse impacts to natural, ecological,\nscenic, and recreational resources. All new roads shall be designed to\nthe minimum possible width and shall be constructed to avoid or minimize\nthe potential for erosion and other adverse impacts. All trees cut or\nremoved as part of road construction and well site clearing activities\nshall remain the property of the office.\n  (d) In order to protect the health and safety of park visitors and\nemployees and to minimize adverse impacts on public recreational uses of\nthe park, the office may restrict the seasons that the permittee may\nundertake road construction, well drilling, and associated activities on\nstate owned lands. The office may also designate the park roads the\npermittee shall use for vehicle access into and through the park, and\nmay restrict seasons or times that the permittee may exercise vehicle\naccess on park roads open to the public.\n  (e) The permit shall include such conditions on the management of\nforest resources, and construction and maintenance of access roads, well\nsites and transmission lines, as the office deems necessary to protect\npark resources.\n  (f) The permittee shall be required to establish and maintain a fund\nsufficient to reimburse the office for the costs of an on-site monitor,\nwho shall be hired by and report to the office, who shall be physically\npresent during all land clearing, road construction, well drilling,\ninstallation and maintenance of transmission lines, well maintenance,\nwell closure, and restoration activities undertaken by the permittee to\nassure compliance with all required permits and applicable state and\nfederal laws and regulations.\n  (g) The permittee shall be required to establish and maintain a fund\nsufficient to reimburse the office for the costs of consultants retained\nby the office to conduct:\n  (1) sampling of groundwater, surface water, wetlands, and soil;\n  (2) monitoring to detect any adverse impacts to sensitive species of\nplants and animals and ecological communities; and\n  (3) inspections to detect any non-native invasive plant or animal\nspecies that are introduced into the park as a result of the permittee's\nactivities.\n  The office shall determine the areas to be subject to such sampling,\nmonitoring, and inspections, which shall be undertaken annually, or more\nfrequently if determined appropriate by the office, until the permittee\nhas concluded oil and gas exploration and production activities and\ncompleted the restoration requirements established in paragraph (i) of\nthis subdivision.\n  (h) The permittee shall be required at its expense to take corrective\nactions to eliminate any adverse impacts resulting from the permitted\nactivity to the park's roads, facilities and infrastructure, or to the\npark's groundwater, surface water, wetlands, soil, natural resources,\nplant and animal species and ecological communities.\n  (i) The permittee shall be required to obtain financial security in an\namount sufficient to restore to their previous natural condition all\nareas affected by the permittee's ground disturbance, clearing,\ndrilling, road construction, and installation of transmission lines,\nafter oil and gas exploration, drilling, and production activities have\nconcluded. Restoration shall include but not be limited to a requirement\nthat the permittee remove and reforest all roads and cleared areas.\n  (j) The permit shall include requirements for the amount and type or\ntypes of insurance to be procured and maintained by the permittee.\n  (k) The office shall include any additional permit conditions it deems\nnecessary to avoid or minimize impacts on the park's recreational,\nscenic and natural resources and to protect the health and safety of\npark visitors and employees.\n  4. Other requirements. The requirements of this section shall be in\naddition to, and shall not replace or affect, any other requirements for\nthe exercise of oil and gas drilling rights, including but not limited\nto requirements set forth in article twenty-three of the environmental\nconservation law or other applicable state or federal laws, permits,\norders, or regulations. Nothing in this section shall affect or\nsupersede the application of article seven of the public service law to\nthe siting of a major utility transmission facility as defined therein.\n  5. Environmental review. The office will serve as lead agency for\nreview pursuant to article eight of the environmental conservation law\nfor all actions involving exploration and production of\nprivately-controlled oil and gas resources beneath state owned lands\nwithin Allegany state park, including applications for a permit pursuant\nto this section. In conducting such review, the office shall evaluate\nall potential impacts of proposed well drilling, road construction,\nclearing of vegetation, and other related activities in terms of\nconsistency with the agency's mission as set forth in section 3.02 of\nthis chapter.\n  6. Enforcement. Any violation of a term or condition of a surface\naccess permit granted pursuant to this section shall be grounds for\nrevocation thereof. In addition, any party acting in violation of such a\npermit, and any party engaging in oil or gas exploration, drilling, or\nproduction activity without having obtained a permit as required by this\nsection, shall be subject to injunction and liable for a civil penalty\nof not more than ten thousand dollars for each day of such violation,\nobtainable in an action brought by the attorney general upon referral by\nthe commissioner or on his or her own initiative.\n  7. Compensation of lost revenue. In the event that any spill or\nrelease of oil, gas, or other substance produced or transported in\nAllegany state park by, or on behalf of, any person receiving a permit\nunder this section results in the temporary closing of all or part of\nAllegany state park, such person shall be liable to compensate the\noffice for any lost revenue or park user fees resulting from the\nclosure. Such compensation of lost revenue shall be in addition to any\nother costs or penalties imposed under applicable laws, regulations, or\npermit conditions.\n  8. Rules and regulations. The commissioner is authorized to adopt\nrules and regulations necessary or desirable to effectuate the\nprovisions of this section.\n  * NB There are 2 § 13.31's\n