S1477-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S1477-2013 Memo

BILL NUMBER:S1477

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the use of
hydraulic fracturing fluids

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide greater regulation of the use of hydraulic fracturing fluids
used for oil and gas drilling.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require the Department
of Environmental Conservation to develop the following rules and
regulations:

*requiring the disclosure of hydraulic fracturing fluids; and,

*prohibiting the use of hydraulic fracturing fluids containing
chemicals that pose a risk to human health including, but not limited
to, fluids that are persistent, bioaccumulative and toxic (as defined
by the EPA) or are known mutagen.

*prohibit the issuance of drilling permits for wells proposing to use
hydraulic fracturing fluids until the DEC has adopted rules and
regulations.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends section
23-0305 (8) (d) of the Environmental Conservation Law.

JUSTIFICATION:
New York is home to rich natural gas reserves. In 2006,
there were 6,213 active natural, gas wells that generated a state
record of 55.3 billion cubic feet of natural gas. The Marcellus
formation that extends from the Southern Tier into Ohio, Pennsylvania
and West Virginia is estimated to have $1 trillion worth of natural
gas, and is largely.
untapped. The rising price of natural gas has led to an increased
demand for new sources and made formation like the Marcellus even
more attractive.

The extraction of these reserves is accompanied by considerable risk
to the environment. In order to fully examine this risk, the Assembly
Environmental Conservation committee has held a series of hearings to
examine the environmental protections needed in the Department of
Environmental Conservation's (DEC) natural gas and oil drilling
regulatory structure in order to safeguard natural resources. In the
course of these hearings, much expert testimony was presented on
necessary steps to ensure the safety of New York's precious water
resources.

The use of hydraulic fracturing fluids represents one of the most
significant potential threats to New York's environment, including
water and soil resources. In fight of the potential for such


environmental and
human exposure, it makes sense to ensure that the safest chemicals are
used in such fluids and the contents are fully disclosed.

PRIOR LEGISLATIVE HISTORY:
2010:  S.8321/A.10091A
2011-2012: S.425/A.2922

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect 90 days after enactment.

S1477-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1477
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced by Sens. KRUEGER, AVELLA, DILAN, ESPAILLAT, HOYLMAN, MONTGOM
 ERY,  PERKINS,  RIVERA,  SERRANO,  STEWART-COUSINS  --  read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Environmental Conservation
 AN  ACT  to amend the environmental conservation law, in relation to the
 use of hydraulic fracturing fluids
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The opening paragraph and paragraph d of subdivision 8 of
 section 23-0305 of the environmental conservation  law,  as  amended  by
 chapter 846 of the laws of 1981, are amended to read as follows:

 With  respect  to oil pools or fields and natural gas pools or fields,
 the department shall [have power to]:

 d. (I) Require the drilling, casing, operation, plugging  and  replug
 ging  of  wells  and  reclamation of surrounding land in accordance with
 rules and regulations of the department in such manner as to prevent  or
 remedy  the  following, including but not limited to: the escape of oil,
 gas, brine or water out of one stratum into another;  the  intrusion  of
 water  into  oil or gas strata other than during enhanced recovery oper
 ations; the pollution of fresh water supplies by oil, gas,  salt  water,
 HYDRAULIC   FRACTURING  FLUIDS  or  other  contaminants;  and  blowouts,
 cavings, seepages and fires.  SUCH RULES AND REGULATIONS  SHALL  REQUIRE
 THE  DISCLOSURE  OF  ALL HYDRAULIC FRACTURING FLUID COMPONENTS AND SHALL
 PROHIBIT THE USE OF HYDRAULIC FRACTURING FLUIDS THAT CONTAIN A  CHEMICAL
 SUBSTANCE  THAT  POSES A RISK TO HUMAN HEALTH, INCLUDING BUT NOT LIMITED
 TO, HYDRAULIC FRACTURING FLUIDS THAT CONTAIN A CHEMICAL  SUBSTANCE  THAT
 HAS BEEN IDENTIFIED PURSUANT TO THE FEDERAL TOXIC SUBSTANCES CONTROL ACT
 AS PERSISTENT, BIOACCUMULATIVE AND TOXIC OR IS A KNOWN MUTAGEN.
 (II)  NO  PERMIT  SHALL BE ISSUED FOR THE DRILLING OR OPERATION OF ANY
 WELL PROPOSING TO USE HYDRAULIC FRACTURING FLUIDS UNTIL  THE  DEPARTMENT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01305-01-3
 
       S. 1477                             2
 HAS ADOPTED RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS OF THIS
 CHAPTER.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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