Bill S4842-2013

Prohibits high-volume hydraulic fracturing in reforestation areas

Prohibits high-volume hydraulic facturing in reforestation areas.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Apr 26, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S4842

TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting high-volume hydraulic fracturing in reforestation areas

PURPOSE OR GENERAL IDEA OF BILL: This bill will prohibit high-volume hydraulic fracturing in state reforestation areas

SUMMARY OF SPECIFIC PROVISIONS: This bill would prohibit high-volume hydraulic fracturing in state reforestation areas. High-volume hydraulic fracturing is defines as the fracturing by man-made fluid-driven fracturing techniques that utilize over eighty thousand gallons of fracturing fluid for the purpose of stimulating natural gas or oil well production.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill amends Section 9-0507 of the environmental conservation law.

JUSTIFICATION: Currently, Section 9-0507 of the environmental conservation law allows the DEC to enter into oil and gas leases on reforestation areas. Historically, this type of allowance was for extraction techniques that did not include the massive volumes of fluid needed to conduct high-volume hydraulic fracturing, as well as the associated industrial production, truck traffic, and environmental degradation. This bill would not affect current leases and only effect potential future leases that utilized the high-volume hydraulic fracturing method.

PRIOR LEGISLATIVE HISTORY: 2012 A09419 referred to environmental conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4842 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 Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting high-volume hydraulic fracturing in reforestation areas THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9-0101 of the environmental conservation law is amended by adding a new subdivision 6-a to read as follows: 6-A. "HIGH-VOLUME HYDRAULIC FRACTURING" MEANS THE FRACTURING BY MAN-MADE FLUID-DRIVEN FRACTURING TECHNIQUES THAT UTILIZE OVER EIGHTY THOUSAND GALLONS OF FRACTURING FLUID FOR THE PURPOSE OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION. S 2. Section 9-0507 of the environmental conservation law is amended to read as follows: S 9-0507. Leasing of oil and gas rights on reforestation areas. Notwithstanding any provisions of [Article VII] ARTICLE SEVEN of the [Public Lands Law] PUBLIC LANDS LAW to the contrary, the department, with the approval of the state geologist, may, in any lands acquired by the state in accordance with section 9-0501 OF THIS TITLE, enter into leases for the purpose of aiding in discovering and removing any oil or gas upon such lands or storage of gas or oil thereon, under such terms as may be prescribed by the department, and upon such conditions that the exercise of such leasehold rights shall not interfere with the oper- ation of such reforestation areas for the purposes for which they were acquired and as defined in [Section 3] SECTION THREE of article [XIV] FOURTEEN of the [Constitution] STATE CONSTITUTION, EXCEPT BY MEANS OF HIGH-VOLUME HYDRAULIC FRACTURING. Any lease made and entered into pursu- ant to this section shall be recorded in the [Office] OFFICE of [General Services] GENERAL SERVICES. S 3. This act shall take effect immediately.

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