Bill S1477-2013

Relates to the regulation of the use of hydraulic fracturing fluids

Relates to the regulation of the use of hydraulic fracturing fluids.






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


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


STATE OF NEW YORK ________________________________________________________________________ 1477 2013-2014 Regular Sessions IN 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
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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