Bill > A04961

This bill amends the Environmental Conservation Law to require an oil and gas driller or producer who affects a public or private potable water supply by pollution or diminution to restore or replace the affected water supply with an adequate alternate source. The bill defines what constitutes pollution and diminution of a water supply, and establishes a presumption of liability for the driller or producer if the water supply is within 1,000 feet of the drilling, alteration, or operation activities and the pollution or diminution occurs within a certain timeframe, unless the driller or producer can prove one of five specified defenses. The bill also outlines the investigation and order process for the Department of Environmental Conservation to address claims of affected water supplies.