Bill S4841-2013

Prohibits fracturing and horizontal drilling for natural gas or oil on land operated by the office of parks, recreation and historic preservation

Prohibits fracturing and horizontal drilling for natural gas or oil on land operated by the office of parks, recreation and historic preservation and within 1 mile thereof.

Details

Actions

  • Jan 8, 2014: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • Apr 26, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Memo

BILL NUMBER:S4841

TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to prohibiting fracturing and horizontal drilling to extract oil or natural gas from state park, recreation and historic lands

PURPOSE OF THE BILL: The purpose of the bill is to protect lands under the jurisdiction of OPRHP from environmental damage by prohibiting hydraulic fracturing and horizontal drilling operations on or under such lands.

SUMMARY OF PROVISIONS: The bill adds new Section 13.33 of the Parks, Recreation and Historic Preservation Law, to prohibit hydraulic fracturing for the purpose of extracting natural gas, on or under all lands which OPRHP has jurisdiction over, and within one mile of such lands. Furthermore, the bill prohibits horizontal drilling under all real property under the jurisdiction of OPRHP where the state owns the mineral right on or under such lands.

JUSTIFICATION: Recent industrial interest in hydraulic fracturing and horizontal drilling techniques for the purpose of extracting natural gas has created great concern over the impact of such activities on State parks lands, historic sites and other lands under the jurisdiction of OPRHP. The disruption of lands by drilling; the use, handling and disposal of drilling fluids the impacts of hydraulic fracturing on surface and subsurface resources; and other considerations are cause for great concern. To eliminate this potential harm to the State's valuable park resources, this bill would prevent the use of damaging drilling techniques on or under such lands. Vertical drilling would still be allowed in areas where the mineral rights are owned by a party other than the State.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4841 2013-2014 Regular Sessions IN SENATE April 26, 2013 ___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the parks, recreation and historic preservation law, in relation to prohibiting fracturing and horizontal drilling to extract oil or natural gas from state park, recreation and historic lands THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The parks, recreation and historic preservation law is amended by adding a new section 13.33 to read as follows: S 13.33 FRACTURING AND HORIZONTAL DRILLING PROHIBITED. 1. FRACTURING OF ANY TYPE, INCLUDING HYDRAULIC FRACTURING OR EXPLOSIVE FRACTURING, FOR THE EXTRACTION OF NATURAL GAS OR OIL SHALL BE PROHIBITED ON AND/OR UNDER ALL REAL PROPERTY OVER WHICH THE OFFICE EXERCISES JURISDICTION AND ON AND/OR UNDER ALL REAL PROPERTY WITHIN ONE MILE OF LAND OVER WHICH THE OFFICE EXERCISES JURISDICTION. 2. HORIZONTAL DRILLING SHALL BE PROHIBITED UNDER ALL REAL PROPERTY OVER WHICH THE OFFICE EXERCISES JURISDICTION WHERE THE STATE OWNS THE MINERAL RIGHTS ON OR UNDER SUCH LANDS. 3. FOR THE PURPOSES OF THIS SECTION: (A) "HORIZONTAL DRILLING" SHALL MEAN A TECHNIQUE WHEREBY A CENTRAL VERTICAL WELLBORE IS TURNED UP TO NINETY DEGREES AND GENERALLY HORIZON- TALLY DRILLS FOR THE PURPOSE OF NATURAL GAS OR OIL EXTRACTION. (B) "HYDRAULIC FRACTURING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE FLUID-DRIVEN FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION. S 2. This act shall take effect immediately.

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