N.Y. Environmental Conservation Law 23-0303 – Administration of article
§ 23-0303. Administration of article.
Terms Used In N.Y. Environmental Conservation Law 23-0303
- Commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
- Fund: means the oil and gas fund as established in § 83-a of the state finance law. See N.Y. Environmental Conservation Law 23-0101
- Gas: means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. See N.Y. Environmental Conservation Law 23-0101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas. See N.Y. Environmental Conservation Law 23-0101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Solution mining: means the dissolving of an underground salt by water to produce a brine for transport to another underground or surface location for sale, processing or storage. See N.Y. Environmental Conservation Law 23-0101
1. Except to the extent that the administration of this article is specifically entrusted to other agencies or officers of the state by its provisions, such administration shall be by the department. Geological services for the department in connection with the administration of this article shall be provided by or in cooperation with the state geologist. Within appropriations therefor the department is authorized to employ such personnel as may be necessary for the administration of this article and may also employ or secure the services of such engineering, technical and other consultants as it may require from time to time.
2. The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real property tax law.
3. a. The commissioner shall accept from municipalities requests for funds from the oil and gas fund to reimburse the municipality for costs incurred in repairing damages to municipal land or property. Such requests shall include such explanatory material and documentation as the commissioner may require.
b. The commissioner and director of the budget, may recommend payment to the municipality to satisfy the request for reimbursement upon finding that:
(1) The municipality has made a bona fide effort to seek relief and recover its costs from those deemed to be responsible and any other appropriate avenues, but has been unsuccessful;
(2) The damage was a direct result of activities regulated under this article and that the amount of funds requested is reasonable in view of such damages; and
(3) The costs were incurred after the effective date of this subdivision.