Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within ten miles of the New York city water supply infrastructure.

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S31-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S31-2013 Memo

BILL NUMBER:S31

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
environmental protection related to the drilling of oil and gas wells,
and providing for the repeal of certain
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit any permits for oil or gas drilling to be issued by DEC
for two years. Furthermore the bill would permanently prohibit any
such drilling within ten miles of the New York City watershed or
water supply infrastructure; or any other water system that has
received a filtration avoidance determination from the US EPA. No
drilling would be allowed in any area overlying a sale source
aquifer; any other area that DEC identifies for protection of
drinking water; critical habitats for threatened or endangered
species or a "natural heritage area as defined by law; any other area
identified by the DEC as a bird conservation area or critical bird
habitat; floodplains; or all areas with NYS park, forest preserve,
state forest, wildlife refuge, wildlife management area or wilderness
area. The DEC would determine by regulation how much of a buffer
would be placed around these areas. Furthermore, a municipality,
as requested by either the chief executive or legislative body, has
the right to apply to the DEC to study the need for a ban within its
borders.

JUSTIFICATION:
Significant parts of upstate, including the area along the
Pennsylvania border and into the Catskill region are part of the
Marcellus shale formation and are threatened with the development of
thousands of new potential oil and gas wells and unprecedented damage
to ground and water resources and environmental damage from the
drilling of wells. This bill will prohibit permits for drilling to be
issued by DEC for two years. It is our expectation that this time
will allow for further study of hydraulic fracturing and restrictions
can be put into place to protect our water and air. Furthermore,
the bill will provide protection for the named critical areas listed
above by permanently prohibiting this drilling in them.. Irreparable
damage could be done to the environment by allowing drilling in any
of those areas.

PRIOR LEGISLATIVE HISTORY:
A similar bill, A.11527, was introduced in 2008.
Since that time, the bill has undergone several changes and
additions to better protect the environment.

2009: A.1322C (Brennan), Died in Environmental Conservation
2010: S.6654B (Duane), Died in Environmental Conservation; A.1322C
(Brennan), Died in Rules

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
None.

EFFECTIVE DATE:


Immediately, with provisions.

S31-2013 Text

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

                                     31

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sen. ESPAILLAT -- 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 envi-
    ronmental protection related to the drilling of oil and gas wells, and
    providing for the repeal of certain provisions upon expiration thereof

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 3  of  section  23-0501  of  the  environmental
  conservation  law is renumbered subdivision 5 and two new subdivisions 3
  and 4 are added to read as follows:

    3. COMMENCING WITH THE EFFECTIVE DATE OF THIS SUBDIVISION, THERE SHALL
  BE A MORATORIUM ON THE ISSUANCE OF  PERMITS  FOR  THE  DRILLING  OF  NEW
  WELLS.
    4.  (A) NO PERMIT TO DRILL AN OIL OR GAS WELL USING HYDRAULIC FRACTUR-
  ING SHALL BE ISSUED FOR THE DRILLING OF ANY OIL OR GAS WELL  WITHIN  TEN
  MILES OF:

    (I) THE NEW YORK CITY WATER SUPPLY INFRASTRUCTURE;
    (II) THE NEW YORK CITY WATERSHED; OR
    (III)  THE  AREA  AROUND  AND  INCLUDING  ANY  WATER  SYSTEM  THAT HAS
  RECEIVED, AT ANY POINT IN TIME,  A  FILTRATION  AVOIDANCE  DETERMINATION
  FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
    (B)  NO  PERMIT TO DRILL AN OIL OR GAS WELL USING HYDRAULIC FRACTURING
  SHALL BE ISSUED FOR THE DRILLING OF ANY OIL OR GAS WELL WITHIN AN APPRO-
  PRIATE DISTANCE, TO BE  DETERMINED  BY  RULES  AND  REGULATIONS  OF  THE
  DEPARTMENT, OF:

    (I) ANY AREA OVERLYING A SOLE SOURCE AQUIFER;
    (II)  ANY OTHER AREA IDENTIFIED BY THE DEPARTMENT AS NECESSARY FOR THE
  PROTECTION OF DRINKING WATER RESOURCES;
    (III) ANY AREA IDENTIFIED AS A CRITICAL HABITAT FOR  A  THREATENED  OR
  ENDANGERED  SPECIES UNDER SECTION FOUR OF THE FEDERAL ENDANGERED SPECIES

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01826-01-3

 S. 31                               2

  ACT (42 U.S.C. S 1533) OR ANY AREA IDENTIFIED  AS  A  "NATURAL  HERITAGE
  AREA" UNDER SECTION 11-0539 OF THIS CHAPTER;
    (IV) ANY AREA IDENTIFIED BY THE DEPARTMENT AS A BIRD CONSERVATION AREA
  OR  ANY  OTHER  CRITICAL BIRD HABITAT FOR THE PROTECTION OF MIGRATORY OR
  NON-MIGRATORY BIRDS;
    (V) ANY FLOODPLAINS; OR
    (VI) ALL AREAS WITHIN ANY NEW YORK STATE PARK, FOREST PRESERVE,  STATE
  FOREST, WILDLIFE REFUGE, WILDLIFE MANAGEMENT AREA, OR WILDERNESS AREA.
    (C)  THE  DEPARTMENT SHALL, UPON APPLICATION BY ANY CHIEF EXECUTIVE OR
  LEGISLATIVE BODY OF A MUNICIPALITY, IN A MANNER AND FORM  TO  BE  DETER-
  MINED  BY  THE  DEPARTMENT,  STUDY THE NEED FOR A BAN ON SUCH PERMITS IN
  SUCH MUNICIPALITY AND REPORT THE FINDINGS OF SUCH STUDY TO SUCH  MUNICI-
  PALITY.  AS  THE  DEPARTMENT  DEEMS APPROPRIATE, IT MAY PERFORM A SINGLE
  STUDY AND REPORT FOR MORE THAN ONE MUNICIPALITY.
    (D) FOR PURPOSES OF THIS SUBDIVISION:

    (I) "NEW YORK CITY WATER SUPPLY INFRASTRUCTURE" SHALL MEAN FACILITIES,
  EQUIPMENT, SITES, BUILDINGS, PIPES, PUMPS, TANKS AND  ANY  OTHER  STRUC-
  TURES  USED FOR THE SUPPLY, CONTROL, TREATMENT, DISTRIBUTION, AND TRANS-
  PORT OF DRINKING WATER FOR THE CITY OF NEW YORK;
    (II) "NEW YORK CITY WATERSHED" SHALL MEAN  THE  ENTIRE  DRAINAGE  AREA
  CONTRIBUTING WATER TO THE CITY OF NEW YORK WATER SUPPLY; AND
    (III) "HYDRAULIC FRACTURING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE
  FRACTURING  TECHNIQUES FOR THE PURPOSE OF STIMULATING NATURAL GAS OR OIL
  WELL PRODUCTION.
    S 2. This  act  shall  take  effect  immediately;  provided  that  the
  provisions  of  subdivision  3  of  section 23-0501 of the environmental
  conservation law, as added by section one of this act, shall expire  and
  be deemed repealed two years after such date; and provided further, that
  the  provisions of subdivision 4 of section 23-0501 of the environmental
  conservation law, as added by section one of this act,  shall  apply  to
  any  application  not  yet  approved  by the department of environmental
  conservation on such effective date.