New York Environmental Conservation Code § 23-1105

Prohibition on state authorizations related to certain offshore oil and natural gas production
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§ 23-1105. Prohibition on state authorizations related to certain\n             offshore oil and natural gas production.\n  1. Neither the department nor the office of general services shall\nenter into any new lease or other conveyance, lease renewal, extension\nor modification, that authorizes the exploration for, or the development\nand production of, oil or natural gas upon lands owned by the state in\nthe marine and coastal district as defined in section 13-0103 of this\nchapter, that would result in the increase of oil or natural gas\nproduction from federal waters.\n  2. The department is authorized to establish such rules and\nregulations as it shall deem necessary to implement this section.\n  3. For the purposes of this section, the following terms have the\nfollowing meanings:\n  a. "Development" means those activities taking place following the\ndiscovery of oil and natural gas, including geophysical activity,\ndrilling, platform construction, pipeline construction, and operation of\nall onshore support facilities that are performed for the purposes of\nultimately producing the resources discovered.\n  b. "Exploration" means the process of searching for oil and natural\ngas, including any drilling whether on or off known geological\nstructures, including the drilling of a well in which a discovery of oil\nor natural gas is made and the drilling of any additional delineation\nwell after the discovery that is needed to delineate any reservoir and a\nlessee to determine whether to proceed with development and production.\n  c. "Federal waters" means those waters and submerged lands lying\nseaward to the state waters of New York that appertain to the United\nStates and are subject to federal jurisdiction and control.\n  d. "New or additional exploration, development, or production of oil\nor natural gas" includes any activity undertaken to increase the\ncapacity of any pipeline or other infrastructure used to convey oil or\nnatural gas from federal waters.\n  e. "Production" means those activities that take place after the\nsuccessful completion of any means for the removal of oil and natural\ngas, including that removal, field operations, transfer or resources to\nshore, operation, monitoring, maintenance, and workover drilling.\n"Producing" means undertaking those activities.\n

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