Bill S7592A-2009

Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal EPA issues report thereon

Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.

Details

Actions

  • Jun 2, 2010: PRINT NUMBER 7592A
  • Jun 2, 2010: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Apr 23, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S7592A

TITLE OF BILL: An act to establish a moratorium upon conducting hydraulic fracturing pending the issuance of a report thereon by the federal Environmental Protection Agency; and providing for the repeal of such provisions upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to place a moratorium upon the activity of hydraulic fracturing until such time as the environmental protection agency has released their report on the effects of hydraulic fracturing on groundwater and freshwater supplies.

SUMMARY OF SPECIFIC PROVISIONS: Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal environmental protection agency.

JUSTIFICATION: On March 18, 2010 the EPA announced that it will be conducting a comprehensive two-year research study to investigate the potential adverse impacts that hydraulic fracturing may have on water quality and public health. Hydraulic fracturing, a process that involves vertical and horizontal drilling and fracturing of underground formations to facilitate withdrawal of natural gas or oil from shale and other geological formations, injects fresh water, fracturing fluids and sand into the formation, which in turn withdraws the gas and separates leftover waters. The fracturing fluid is composed of dozens of chemicals that acts as a lubricant for the sand. These chemicals can include potentially dangerous petrol compounds. Millions of gallons of water, sand and fracturing fluids are needed to fracture a natural gas well.

New York State must continue to be vigilant where questions of water quality and public health are concerned and must have all available information before allowing a questionable practice - such as hydraulic fracturing - to take place without fully knowing the potential dangers. This legislation shall place a moratorium on such activity until the EPA study has been completed and the results are known and made available to the public. It will not apply to permits issued prior to the effective date of this act for horizontal drilling operations.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, and shall expire and be deemed repealed on the one hundred twentieth day after the federal

Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.


Text

STATE OF NEW YORK ________________________________________________________________________ 7592--A IN SENATE April 23, 2010 ___________
Introduced by Sens. ADDABBO, DILAN, KRUEGER, MONTGOMERY, ONORATO, OPPEN- HEIMER, PADAVAN, PERALTA, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to establish a moratorium upon conducting hydraulic fracturing pending the issuance of a report thereon by the federal Environmental Protection Agency; and providing for the repeal of such provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. (a) Notwithstanding any provision of law to the contrary, there is hereby established a moratorium upon the issuance of new permits for horizontal drilling which utilizes the practice of hydraulic fracturing in the state. The purpose of such moratorium shall be to afford the state and its residents the opportunity to review a report to be issued by the federal Environmental Protection Agency on the effects of hydraulic fracturing on water quality and public health. (b) For the purposes of this section, "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. (c) For the purposes of this section, "horizontal drilling" shall mean a technique whereby a vertical wellbore is turned up to ninety degrees and drills in a generally horizontal direction for the purpose of stimu- lating natural gas or oil well production. (d) This section shall not apply to permits issued prior to the effec- tive date of this act for horizontal drilling operations which utilize hydraulic fracturing that are subject to renewal. S 2. This act shall take effect immediately, and shall expire and be deemed repealed on the one hundred twentieth day after the federal Envi- ronmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health. Provided, that the commissioner of environmental conservation shall notify the legislative
bill drafting commission upon the issuance by the federal Environmental Protection Agency of the report on the effects of hydraulic fracturing on water quality and public health referred to in subdivision (a) of section one of this act in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.

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