N.Y. Environmental Conservation Law 23-1103 – Procedure for obtaining gas storage lease
§ 23-1103. Procedure for obtaining gas storage lease.
Terms Used In N.Y. Environmental Conservation Law 23-1103
- Commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
- Department: means the department of environmental conservation. 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
1. The department may make leases on behalf of this state for the storage of gas, and liquefied petroleum gas, in state owned lands upon such terms and conditions including consideration as to it shall seem just and proper.
2. All leases made pursuant to this section shall:
a. Provide for payment to the agency having jurisdiction over the leased lands of adequate and reasonable consideration;
b. Be invalid unless they shall have the prior approval of such state department, division, bureau or agency thereof, or state agency having jurisdiction over the land in question, and authority to give such consent is hereby conferred upon the head of any such state department, or a division, bureau or agency thereof, or any state agency; and with respect to lands under water held by the state in its sovereign capacity, jurisdiction is deemed to be in the Commissioner of General Services;
c. Contain such other terms and provisions as may be necessary or appropriate in order to promote the purposes of this article and the public policy of this state; and
d. Be inapplicable to any lands the leasing of which is prohibited by the State Constitution.