Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.
TITLE OF BILL: An act to establish a moratorium upon conducting hydraulic fracturing pending the issuance of a report thereon by the federal Environmental Protection Agency; and providing for the repeal of such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to place a moratorium upon the activity of hydraulic fracturing until such time as the environmental protection agency has released there report on the effects of hydraulic fracturing on groundwater and freshwater supplies.
SUMMARY OF SPECIFIC PROVISIONS: Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal environmental protection agency.
JUSTIFICATION: On March 18, 2010 the EPA announced that it will be conducting a comprehensive 2-year research study to investigate the potential adverse impact that hydraulic fracturing may have on water quality and public health, including the potential impacts the hydraulic fracturing mixture may have on water quality. Hydraulic fracturing is a process that involves vertical and horizontal drilling and fracturing of underground formations to facilitate withdrawal of natural gas or oil, from shale and other geological formations. In general, the process involves injecting fresh water, fracturing fluids and sand into the formation, withdrawing the gas and separating and managing the leftover waters. The fracturing fluid itself is made up of dozens of chemicals that act as a lubricant for the sand. These chemicals can include potentially dangerous petrol compounds. Millions of gallons of water, sand and fracturing fluid are needed to fracture a natural gas well. New York State must continue to be vigilant where questions of water quality and public health are concerned and must have all available information before allowing a questionable practice such as hydraulic fracturing to take place without fully knowing the potential dangers. My legislation will place a moratorium on such activity until the EPA study has been completed and the results know to the public.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 10490 IN ASSEMBLY April 2, 2010 ___________Introduced by M. of A. ENGLEBRIGHT, MENG, DINOWITZ, SKARTADOS, LIFTON, COLTON, GOTTFRIED, ROSENTHAL, CHRISTENSEN, GUNTHER, TITONE, CASTRO, MILLMAN, CRESPO, GLICK, M. MILLER, BARRON, JAFFEE, MARKEY -- Multi- Sponsored by -- M. of A. LENTOL, MAGEE, NOLAN, PHEFFER, SCARBOROUGH, THIELE, WEISENBERG -- read once and referred to the Committee on Envi- ronmental Conservation AN ACT to establish a moratorium upon conducting hydraulic fracturing pending the issuance of a report thereon by the federal Environmental Protection Agency; and providing for the repeal of such provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. (a) Notwithstanding any provision of law to the contrary, there is hereby established a moratorium upon the conducting of hydrau- lic fracturing in the state. The purpose of such moratorium shall be to afford the state and its residents the opportunity to review a report to be issued by the federal Environmental Protection Agency on the effects of hydraulic fracturing on water quality and public health. (b) For the purposes of this section, "hydraulic fracturing" shall mean fracturing of rock by man-made fluid-driven fracturing techniques for the purpose of stimulating natural gas or oil well production. S 2. This act shall take effect immediately, and shall expire and be deemed repealed on the one hundred twentieth day after the federal Envi- ronmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health. Provided, that the commissioner of environmental conservation shall notify the legislative bill drafting commission upon the issuance by the federal Environmental Protection Agency of the report on the effects of hydraulic fracturing on water quality and public health referred to in subdivision (a) of section one of this act in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16567-02-0