§ 23-0305 — Powers and duties of the commissioner and the department

§ 23-0305. Powers and duties of the commissioner and the department.\n 1. The provisions of this section shall apply only to rules,\nregulations, orders and hearings made or conducted in the administration\nof this article.\n 2. No rule, regulation, order or amendment thereof, except in an\nemergency, shall be made by the department without a public hearing upon\nat least ten days' notice, exclusive of the date of service. The public\nhearing shall be held at such time and place as may be prescribed by the\ndepartment and any interested person shall be entitled to be heard.\n 3. When an emergency requiring immediate action is found to exist, the\ndepartment may make an emergency order without notice or hearing, which\nshall be effective when made. No emergency order shall be effective for\nmore than fifteen days.\n 4. Any notice required by this article shall be given by the\ndepartment by any one or more of the following methods: (a) personal\nservice, (b) publication in one or more issues of a newspaper of general\ncirculation in the county where the land affected or some part thereof\nis situated, or (c) by registered or certified mail addressed, postage\nprepaid, to the last known mailing address of the person or persons\naffected. The date of service shall be the date on which service was\nmade in the case of personal service, the date of first publication in\nthe case of notice by publication, and the date of mailing in the case\nof notice by mail. The notice shall specify the style and number of the\nproceeding, the time and place of the hearing, and shall briefly state\nthe purpose of the proceeding. Should the department elect to give\nnotice by personal service, such service may be made by any officer\nauthorized to serve process, or by any agent of the department in the\nsame manner as is provided by law for the service of process in civil\nactions in the courts of the state.\n 5. All rules, regulations and orders made by the department shall be\nin writing, shall be entered in full and indexed in books to be kept by\nthe department for that purpose, and shall be public records open for\ninspection at all times during reasonable office hours. A copy of any\ndepartment rule or regulation shall be received in evidence in all\ncourts of this state with the same effect as the original, if certified\nby a member or duly authorized employee of the department.\n 6. The department may act upon its own motion or upon the application\nof any interested person. On the filing of an application concerning any\nmatter within the jurisdiction of the department, pursuant to this\narticle, the department shall promptly fix a date for a hearing thereon,\nand shall cause notice of the hearing to be given. The hearings shall be\nheld without undue delay after the filing of the petition. The\ndepartment shall make its order within sixty days after the conclusion\nof the hearing.\n 7. To aid in the administration of this article, the commissioner may\nissue subpoenas in his name requiring the attendance and giving of\ntestimony by witnesses and the production of books, papers and other\ndocumentary evidence for any hearing, proceeding or investigation\nconducted or to be conducted by or before the department. Service of\nsuch a subpoena, enforcement of obedience thereto, and punishment for\ndisobedience thereof shall be had as and in the manner provided by the\nCivil Practice Law and Rules relating to enforcement of a subpoena\nissued by a board or committee except that in the case of hearings,\nproceedings or investigations before or conducted by the department\nneither the holder of a permit or lease issued pursuant to this article,\nnor an employee of such permit holder or lessee, nor an officer or\nstockholder in a permittee or lessee corporation, when required to\nattend as a witness, shall be entitled to any subpoena fee or mileage.\nAny member of the department or any person who may be designated by the\ndepartment to hold hearings may administer oaths to witnesses. The\ndepartment also may provide for the taking of depositions of witnesses\nfor the purpose of any such hearing. In such case such officer, employee\nor other person may administer oaths to the witnesses whose depositions\nare to be taken. Each deposition shall be reduced to writing and\nsubscribed by the deponent. The provisions of this subdivision shall\napply only to the administration of this article.\n 8. With respect to oil pools or fields and natural gas pools or\nfields, the department shall have power to:\n a. Make such investigations as it deems proper to determine whether\nwaste exists or is imminent.\n b. Require identification of ownership of producing leases, tanks,\nplants, structures and facilities for the transportation and refining of\noil and gas.\n c. Classify and reclassify pools as oil or gas pools, or wells as oil\nor gas wells, including the delineation of boundaries for purposes\nmaterial to the interpretation or administration of this article.\n d. Require the drilling, casing, operation, plugging and replugging of\nwells and reclamation of surrounding land in accordance with rules and\nregulations of the department in such manner as to prevent or remedy the\nfollowing, including but not limited to: the escape of oil, gas, brine\nor water out of one stratum into another; the intrusion of water into\noil or gas strata other than during enhanced recovery operations; the\npollution of fresh water supplies by oil, gas, salt water or other\ncontaminants; and blowouts, cavings, seepages and fires.\n e. Enter, take temporary possession of, plug or replug any abandoned\nwell as provided in the rules and regulations, whenever any owner or\noperator neglects or refuses to comply with such rules and regulations.\nSuch plugging or replugging by the department shall be at the expense of\nthe owner or operator whose duty it may be to plug the well and who\nshall hold harmless the state of New York for all accounts, damages,\ncosts and judgments arising from the plugging or replugging of the well\nand the surface restoration of the affected land. Primary liability for\nthe expense of such plugging or replugging and first recourse for the\nrecovery thereof shall be to the operator unless a contract for the\nproduction, development, exploration or other working of the well, to\nwhich the lessor or other grantor of the oil and gas rights is a party,\nshall place such liability on the owner or on the owner of another\ninterest in the land on which the well is situated. When an operator\nviolates any provision of this article, any rule or regulation\npromulgated thereunder, or any order issued pursuant thereto in\nreference to plugging or replugging an abandoned well, the operator may\nnot transfer the operator's responsibility therefor by surrendering the\nlease. Prior to the commencement of drilling of any well, the operator\nshall be required to furnish to the department, and continuously\nmaintain, a bond acceptable to it conditioned upon the performance of\nsaid operator's plugging responsibilities with respect to said well.\nUpon the approval of the department, in lieu of such bond, the operator\nmay deposit cash or negotiable bonds of the United States Government of\nlike amount in an escrow account conditioned upon the performance of\nsaid operator's plugging responsibilities with respect to said well. Any\ninterest accruing as a result of the aforementioned escrow deposit shall\nbe the exclusive property of the operator. The aforementioned bonding\nrequirements shall remain the obligation of the original operator\nregardless of changes in operators unless a subsequent operator has\nfurnished the appropriate bond or substitute as herein provided\nacceptable to the department and approval for the transfer of the well\nplugging responsibilities to the subsequent operator has been granted by\nthe department. The failure of any operator to maintain a bond or other\nfinancial security as prescribed herein shall be deemed a breach of\nplugging responsibilities and entitle the department to claim the\nproceeds of the bond or other financial security. The cost of plugging\nor replugging any well, where such action is necessary or incident to\nthe commencing or carrying on of storage operations pursuant to section\n23-1103 or 23-1301 shall be borne by the operator of the storage\nfacility.\n f. Require that every person who produces, sells, purchases, acquires,\nstores or injects oil or gas and associated fluids and every person who\ntransports oil or gas in this state shall keep and maintain complete and\naccurate records of the quantities thereof. Quantities of associated\nfluids injected or produced may be reported as estimated volumes. True\ncopies or duplicates shall be kept or made available for examination\nwithin this state by the department or its agents at all reasonable\ntimes and every such person shall file with the department such reports\nconcerning production, sales, purchases, acquisitions, injection,\ntransportation or storage on a form provided by the department or\napproved by the department prior to submittal.\n g. In addition to the powers provided for in titles 1, 3, 5 and 13 of\narticle 71, order an immediate suspension of drilling or production\noperations whenever such operations are being carried on in violation of\nthis article or any rule or regulation promulgated thereunder or order\nissued pursuant thereto. Any order issued pursuant to this paragraph may\nbe reviewed upon application of an aggrieved party by means of an order\nto show cause which order shall be issued by any justice of the supreme\ncourt in the judicial district in which any order applies and shall be\nreturnable on the third succeeding business day following the issuance\nof such order. Service of such show cause order shall be made upon the\nregional office of the department for the region in which such order\napplies, and upon the attorney general by delivery of such order to an\nassistant attorney general at an office of the attorney general in the\ncounty in which venue of the proceeding is designated, or if there is no\noffice of the attorney general within such county, at the office of the\nattorney general nearest such county. Except as hereinabove specified,\nthe proceeding to review an order under this paragraph shall be governed\nby article seventy-eight of the civil practice law and rules.\n h. Require the immediate reporting of any non-routine incident\nincluding but not limited to casing and drill pipe failures, casing\ncement failures, fishing jobs, fires, seepages, blowouts and other\nincidents during drilling, completion, producing, plugging or replugging\noperations that may affect the health, safety, welfare or property of\nany person. The department may require the operator, or any agent\nthereof, to record any data which the department believes may be of\nsubsequent use for adequate evaluation of a non-routine incident.\n i. Require the taking and making of well logs, well samples,\ndirectional surveys and reports on well locations and elevations,\ndrilling and production, and further require their filing pursuant to\nthe provisions of this article. Upon the request of the state geologist,\nthe department shall cause such duplicate samples or copies of records\nand reports as may be required pursuant to this article to be furnished\nto him.\n j. Give notice to persons engaged in underground mining operations of\nthe commencement of any phase of oil or gas well operations which may\naffect the safety of such underground mining operations or of the mining\nproperties involved. Rules and regulations promulgated under this\narticle shall specify the distance from underground mining operations\nwithin which such notice shall be given and shall contain such other\nprovisions as in the judgment of the department shall be necessary in\nthe interest of safety. The department shall not be required to furnish\nany notice required by this paragraph unless the person or persons\nengaged in underground mining operations or having rights in mining\nproperties have notified the department of the existence and location of\nsuch underground mining operations or properties.\n k. (1) Except as to production of gas from lands under the waters of\nLake Erie, in order to satisfy the financial security requirements\ncontained in paragraph e of this subdivision for wells less than six\nthousand feet in depth for which the department either shall have issued\nor shall issue permits to drill such wells or, on or after June fifth,\nnineteen hundred seventy-three, shall have issued acknowledgements of\nnotices of intention to drill such wells, without any way affecting any\nobligations to plug such wells, the operator shall provide a bond or\nother financial security acceptable to the department in the following\namount:\n (i) for wells less than two thousand five hundred feet in depth:\n (a) twenty-five hundred dollars per well, provided that the operator\nshall not be required to provide financial security under this item\nexceeding twenty-five thousand dollars for up to twenty-five wells;\n (b) for twenty-six to fifty wells, twenty-five thousand dollars, plus\ntwenty-five hundred dollars per well in excess of twenty-five wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding forty thousand dollars;\n (c) for fifty-one to one hundred wells, forty thousand dollars, plus\ntwenty-five hundred dollars per well in excess of fifty wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding seventy thousand dollars;\n (d) for over one hundred wells, seventy thousand dollars, plus\ntwenty-five hundred dollars per well in excess of one hundred wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding one hundred thousand dollars.\n (ii) for wells between two thousand five hundred feet and six thousand\nfeet in depth:\n (a) five thousand dollars per well, provided that the operator shall\nnot be required to provide financial security under this item exceeding\nforty thousand dollars for up to twenty-five wells;\n (b) for twenty-six to fifty wells, forty thousand dollars, plus five\nthousand dollars per well in excess of twenty-five wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding sixty thousand dollars;\n (c) for fifty-one to one hundred wells, sixty thousand dollars, plus\nfive thousand dollars per well in excess of fifty wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding one hundred thousand dollars;\n (d) for over one hundred wells, one hundred thousand dollars, plus\nfive thousand dollars per well in excess of one hundred wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding one hundred fifty thousand dollars.\n (2) In the event that an operator shall have wells described in\nclauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of\nproviding financial security under the provisions of each such clause,\nsuch operator may file financial security as if all such wells were\nbetween two thousand five hundred feet and six thousand feet in depth.\n (3) For wells greater than six thousand feet in depth, the operator\nmay be required to provide additional financial security consistent with\ncriteria contained in rules and regulations to be adopted to implement\nthis subparagraph.\n 8-a. The department shall include consideration of future physical\nclimate risk due to sea level rise, and/or storm surges and/or flooding,\nbased on available data predicting the likelihood of extreme weather\nevents, including hazard risk analysis data if applicable, to permits\nissued pursuant to title five of this article.\n 9. With respect to solution mining areas the department shall have the\npower to:\n a. Require identification of ownership of producing leases and\nsolution mining equipment such as structures, tanks, gathering systems\nand facilities for the transportation of salt brine.\n b. Require the drilling, casing, operation and plugging of wells in\naccordance with rules and regulations of the department in such a manner\nas to prevent the loss or escape of oil or gas reserves to the surface\nor to other strata; the intrusion of brine or water into commercial oil\nor gas reserves; the pollution of fresh water supplies by oil, gas or\nsalt water, and to facilitate the efficient use of ground and surface\nwaters in solution mining.\n c. Give notice to persons engaging in underground mining operations of\nthe commencing of any phase of solution mining well operations which may\naffect the safety of such underground mining operations or of the mining\nproperties involved. Rules and regulations of the department adopted\npursuant hereto shall specify the distance from such underground mining\noperations within which such notice shall be given and shall contain\nsuch other provisions as in the judgment of the department shall be\nnecessary in the interest of safety. The department shall not be\nrequired to furnish any notice pursuant hereto unless the person or\npersons engaged in underground mining operations or having rights in\nmining properties have notified the department of the existence and\nlocation of such underground mining operations or properties.\n d. Require metering or other measuring of brine produced by solution\nmining, and the maintenance of the records from each cavity or group of\ninterconnected cavities until the wells in a cavity have been plugged\nand abandoned. These records shall be given to the department on\nrequest.\n e. Enter, take temporary possession of, plug or replug any abandoned\nwell as provided in the rules and regulations, whenever any operator\nneglects or refuses to comply with such rules and regulations. Such\nplugging or replugging by the department shall be at the expense of the\nowner or operator whose duty it shall be to plug the well and who shall\nhold harmless the state of New York for all accounts, damages, costs and\njudgments arising for the plugging or replugging of the well and the\nsurface restoration of the affected land. Primary liability for the\nexpense of such plugging or replugging and first recourse for the\nrecovery thereof shall be to the operator unless a contract for the\nproduction, development, exploration or other working of the well, to\nwhich the lessor or other grantor of the solution salt rights is a\nparty, shall place such liability on the owner or on the owner of\nanother interest in the land on which the well is situated. When an\noperator violates any provision of this article, any rule or regulation\npromulgated thereunder, or any order issued pursuant thereto in\nreference to plugging or replugging an abandoned well, the operator may\nnot transfer the operator's responsibility therefor by surrendering the\nlease. Prior to the commencement of drilling of any well to which this\nsubdivision applies, the operator shall be required to furnish to the\ndepartment, and continuously maintain, a bond acceptable to it\nconditioned upon the performance of said operator's plugging\nresponsibilities with respect to said well. Upon the approval of the\ndepartment, in lieu of such bond, the operator may deposit cash or\nnegotiable bonds of the United States Government of like amount in an\nescrow account conditioned upon the performance of said operator's\nplugging responsibilities with respect to said well. Any interest\naccruing as a result of aforementioned escrow deposit shall be the\nexclusive property of the operator. The aforementioned bonding\nrequirements shall remain the obligation of the original operator\nregardless of changes in operators unless a subsequent operator has\nfurnished the appropriate bond or substitute as herein provided\nacceptable to the department and approval for the transfer of the well\nplugging responsibility to the subsequent operator has been granted by\nthe department. The failure of any operator to maintain a bond or other\nfinancial security as prescribed herein shall be deemed a breach of\nplugging responsibilities and entitle the department to claim the\nproceeds of the bond or other financial security. Any order issued\npursuant to this paragraph may be reviewed upon application of an\naggrieved party by means of an order to show cause which order shall be\nissued by any justice of the supreme court in the judicial district in\nwhich any such order applies and shall be returnable on the third\nsucceeding business day following the issuance of such order. Service of\nsuch show cause order shall be made upon the regional office of the\ndepartment for the region in which such order applies, and upon the\nattorney general by delivery of such order to an assistant attorney\ngeneral at an office of the attorney general in the county in which\nvenue of the proceeding is designated, or if there is no office of the\nattorney general within such county, at the office of the attorney\ngeneral nearest such county. Except as hereinabove specified, the\nproceeding to review an order under this paragraph shall be governed by\narticle seventy-eight of the civil practice law and rules.\n f. (1) In order to satisfy the financial security requirements\ncontained in paragraph e of this subdivision for all wells for which the\ndepartment either shall have issued or shall issue permits to drill such\nwells or, on or after June fifth, nineteen hundred seventy-three, shall\nhave issued acknowledgements of notices of intention to drill such\nwells, without in any way affecting any obligation to plug such wells,\nthe operator shall provide a bond or other financial security acceptable\nto the department in the following amount:\n (i) for wells less than two thousand five hundred feet in depth:\n (a) twenty-five hundred dollars per well, provided that the operator\nshall not be required to provide financial security under this item\nexceeding twenty-five thousand dollars for up to twenty-five wells;\n (b) for twenty-six to fifty wells, twenty-five thousand dollars, plus\ntwenty-five hundred dollars per well in excess of twenty-five wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding forty thousand dollars;\n (c) for fifty-one to one hundred wells, forty thousand dollars, plus\ntwenty-five hundred dollars per well in excess of fifty wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding seventy thousand dollars;\n (d) for over one hundred wells, seventy thousand dollars, plus\ntwenty-five hundred dollars per well in excess of one hundred wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding one hundred thousand dollars.\n (ii) for wells between two thousand five hundred feet and six thousand\nfeet in depth:\n (a) five thousand dollars per well provided that the operator shall\nnot be required to provide financial security under this item exceeding\nforty thousand dollars for up to twenty-five wells;\n (b) for twenty-six to fifty wells, forty thousand dollars, plus five\nthousand dollars per well in excess of twenty-five wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding sixty thousand dollars;\n (c) for fifty-one to one hundred wells, sixty thousand dollars, plus\nfive thousand dollars per well in excess of fifty wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding one hundred fifty thousand dollars;\n (d) for over one hundred wells, one hundred thousand dollars, plus\nfive thousand dollars per well in excess of one hundred wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding one hundred fifty thousand dollars.\n (2) In the event that an operator shall have wells described in\nclauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of\nproviding financial security under the provisions of each such clause,\nsuch operator may file financial security as if all such wells were\nbetween two thousand five hundred feet and six thousand feet in depth.\n (3) For wells greater than six thousand feet in depth, the operator\nmay be required to provide additional financial security consistent with\ncriteria contained in rules and regulation to be adopted to implement\nthis subparagraph.\n 10. In the case of any well legally plugged pursuant to subdivision\nnine hereof, the responsibility for the cost of replugging or\nreinforcing the plugging of any well, whenever such replugging or\nreinforcing is made necessary by reason of the commencement or expansion\nof storage operations, shall be borne by the operator of the storage\nfacility.\n 11. The department may use any of its powers for the purpose of\ncooperating with any other state or jurisdiction in regulating or\notherwise affecting the development or production of oil, gas or salt at\nany location where such development or production may have a physical\neffect on development or production in such other state or jurisdiction.\n 12. With respect to the production of gas from lands under the waters\nof Lake Erie:\n a. This state shall indemnify all municipalities adjacent to Lake Erie\nwithin the state of New York for expenses of restoration of fresh water\nsupplies, cleanup of beaches, piers and similar facilities, and for\nliability claims arising from any discharge or spill occasioned by\nexploration, drilling or production of operations.\n b. If any oil or other hazardous substance is discharged in the course\nof drilling for or piping natural gas so as to pollute the waters or\nendanger other natural resources of the state, the department shall\nimmediately act to remove or arrange for the removal of such substance\nand to terminate or arrange for the termination of such discharge,\nunless the department determines that such removal or termination will\nbe done properly and expeditiously by the lessee, owner or operator of\nthe drilling or piping operation.\n c. Whenever the department acts to remove or arrange for the removal\nof any substance, or terminates or arranges for the termination of any\ndischarge, the department may draw upon moneys that may be set aside for\nthe department for such purposes from the governmental emergency fund,\nunder such terms and conditions as the governor and the legislature have\nestablished for use of such moneys.\n d. No action taken by any person to contain or remove a discharge\nshall be construed as an admission of liability for said discharge.\nProvided that any person who undertakes removal or cleanup operations\nshall, at the request of the department or an appropriate federal\nagency, coordinate his actions with ongoing state or federal operations.\nNo person who renders assistance in containing or removing a discharge\nshall be liable for any civil damages to third parties resulting solely\nfrom acts or omissions in rendering such assistance except for acts or\nomissions of gross negligence or willful misconduct. In the course of\ncleanup operations, no person shall discharge any detergent into the\nwaters of this state without prior authorization of the commissioner.\n 13. Every person granted a permit to drill pursuant to this section\nshall give notice by certified mail to any local government affected of\nthe location of the drilling site prior to the commencement of drilling\noperations. Such prior notice shall also be given by certified mail to\nany landowner whose surface rights will be affected by drilling\noperations.\n 14. With respect to wells drilled deeper than five hundred feet below\nthe earth's surface for the purpose of conducting stratigraphic tests,\nfor finding or producing hot water or steam, for injecting fluids to\nrecover heat from the surrounding geologic materials, which shall not\ninclude closed-loop boreholes installed for the purpose of facilitating\na geothermal heating or cooling system, or for the disposal of brines,\nthe department shall have the power to:\n a. Require all exploration, drilling and development operations to be\nconducted in accordance with standards promulgated by the department in\nrules and regulations.\n b. Conduct investigations to determine the extent of compliance with\nthis section and all rules, regulations and orders issued pursuant\nthereto.\n c. Classify a well as one subject to this section and require its\nidentification as a geothermal, stratigraphic or brine disposal well.\n d. Require the drilling, casing, operation, plugging and replugging of\nwells subject to this section and reclamation of surrounding land in\naccordance with rules and regulations of the department.\n e. Enter, take temporary possession of, plug or replug any abandoned\nwell subject to this section as provided in the rules and regulations,\nwhenever the well's owner or operator neglects or refuses to comply with\nsuch rules and regulations. Such plugging or replugging by the\ndepartment shall be at the expense of the owner or operator whose duty\nit shall be to plug the well and who shall hold harmless the state of\nNew York for all accounts, damages, costs and judgments arising from the\nplugging or replugging of the well and the surface restoration of the\naffected land.\n f. Require that the operator furnish to the department, and\ncontinuously maintain, a bond or other financial security conditioned\nupon the satisfactory performance of the operator's plugging\nresponsibilities with respect to said well. The failure of any operator\nto maintain a bond or other financial security as prescribed herein\nshall be deemed a breach of plugging responsibilities and entitle the\ndepartment to claim the proceeds of the bond or other financial\nsecurity. Such bond or other financial security shall be for an amount\nas determined pursuant to the provisions of paragraph k of subdivision\neight of this section.\n g. In addition to the powers provided for in titles one, three, five\nand thirteen of article seventy-one of this chapter, order an immediate\nsuspension of operations carried on in violation of the oil, gas and\nsolution mining law or any rule or regulation promulgated thereunder or\norder issued pursuant thereto.\n h. Require the immediate reporting of any non-routine incident,\nincluding but not limited to casing and drill pipe failures, casing\ncement failures, fishing jobs, fires, seepages, blowouts and other\nincidents during drilling, completion, producing, plugging or replugging\noperations that may affect the health, safety, welfare or property of\nany person or which may be injurious to plants or animals. The\ndepartment may require the operator or any agent thereof to record and\nprovide any data which the department believes may be of use for\nadequate evaluation of a non-routine incident.\n i. Require the taking and making of logs, samples, directional surveys\nand reports on locations, elevations, drilling and production, and\nfurther require filing of such information pursuant to the provisions of\nthe oil, gas and solution mining law. Upon the request of the state\ngeologist, the department shall cause such samples or copies of records\nand reports to be furnished to the state geologist.\n j. Give notice to persons engaged in underground mining operations of\nthe commencement of any phase of geothermal, stratigraphic and brine\ndisposal well operations which may affect the safety of such underground\nmining operations or of the mining properties involved. The department\nshall not be required to furnish any notice required by this paragraph\nunless the person or persons engaged in underground mining operations or\nhaving rights in mining properties have notified the department of the\nexistence and location of such underground mining operations or\nproperties.\n 15. The department is authorized to regulate for the purposes of\nprotecting natural resources and the environment or public health and\nsafety, closed-loop boreholes deeper than five hundred feet below the\nearth's surface installed for the purpose of facilitating a geothermal\nheating or cooling system and no later than December thirty-first, two\nthousand twenty-four shall promulgate regulations relating to such\nboreholes, and may update such regulations from time to time. When\nregulating such closed-loop boreholes, the department shall consider\nrelevant prevailing industry standards.\n