Assembly Bill A1770

2013-2014 Legislative Session

Establishes a moratorium on disposal of fluids used in hydraulic fracturing occurring outside the state until 120 days after federal EPA issues report thereon

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1770 (ACTIVE) - Details

See Senate Version of this Bill:
S448
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2009-2010: A10710
2011-2012: A300, S6097
2015-2016: S901
2017-2018: S1281

2013-A1770 (ACTIVE) - Summary

Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in and drill cuttings from a hydraulic fracturing process performed outside of the state until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health, and submission of proof to the governor and legislature that the department of environmental conservation is capable of effectively regulating hydraulic fracturing drilling fluids, drill cutting and soil disposal.

2013-A1770 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1770

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MAISEL -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT to establish a moratorium upon the disposal and/or processing of
  any fluid which was used in and cuttings from a  hydraulic  fracturing
  process  outside of the state pending the issuance of a report thereon
  by the federal Environmental Protection Agency and certain  justifica-
  tions from the department of environmental conservation; 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 acceptance, disposal
and/or processing of any drilling fluid or drill cuttings in this state,
when such drilling fluid or drill cuttings has been used in a  hydraulic
fracturing process occurring outside of this state.  The purpose of such
moratorium  shall  be to afford the state and its residents the opportu-
nity to review a report  to  be  issued  by  the  federal  Environmental
Protection  Agency  on  the  effects  of  hydraulic fracturing on public
health.
  (b) For the purposes of this section, the following terms shall mean:
  (i) "Drill cuttings" shall mean solid products removed from  the  well
bore during an oil or gas well drilling operation.
  (ii)  "Drilling  fluids"  shall  mean drilling mud, chemical additives
contained in or added to drilling fluids during the hydraulic fracturing
drilling process, flow back water that returns to the surface after  the
hydraulic  fracturing process, or any other residual liquids involved in
drilling.
  (iii) "Hydraulic fracturing" shall mean  the  fracturing  of  rock  by
man-made fluid-driven fracturing techniques for the purpose of stimulat-
ing natural gas or oil well production.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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