N.Y. Environmental Conservation Law Section 23-1105
Prohibition on state authorizations related to certain offshore oil and natural gas production


Neither the department nor the office of general services shall enter into any new lease or other conveyance, lease renewal, extension or modification, that authorizes the exploration for, or the development and production of, oil or natural gas upon lands owned by the state in the marine and coastal district as defined in § 13-0103 (Marine and coastal district described)section 13-0103 of this chapter, that would result in the increase of oil or natural gas production from federal waters.


The department is authorized to establish such rules and regulations as it shall deem necessary to implement this section.


For the purposes of this section, the following terms have the following meanings:


“Development” means those activities taking place following the discovery of oil and natural gas, including geophysical activity, drilling, platform construction, pipeline construction, and operation of all onshore support facilities that are performed for the purposes of ultimately producing the resources discovered.


“Exploration” means the process of searching for oil and natural gas, including any drilling whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas is made and the drilling of any additional delineation well after the discovery that is needed to delineate any reservoir and a lessee to determine whether to proceed with development and production.


“Federal waters” means those waters and submerged lands lying seaward to the state waters of New York that appertain to the United States and are subject to federal jurisdiction and control.


“New or additional exploration, development, or production of oil or natural gas” includes any activity undertaken to increase the capacity of any pipeline or other infrastructure used to convey oil or natural gas from federal waters.


“Production” means those activities that take place after the successful completion of any means for the removal of oil and natural gas, including that removal, field operations, transfer or resources to shore, operation, monitoring, maintenance, and workover drilling. “Producing” means undertaking those activities.

Source: Section 23-1105 — Prohibition on state authorizations related to certain offshore oil and natural gas production, https://www.­nysenate.­gov/legislation/laws/ENV/23-1105 (updated May 3, 2019; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
May 3, 2019

§ 23-1105’s source at nysenate​.gov

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