S425-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Apr 12, 2011: DEFEATED IN ENVIRONMENTAL CONSERVATION
• Mar 18, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S425-2011 Meetings

S425-2011 Votes

S425-2011 Memo

BILL NUMBER:S425

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

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

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

S425-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          425
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. KRUEGER -- 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00714-01-1

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