BILL NUMBER:  S1548

 TITLE OF BILL :

An act to require a seismological impact study related to
hydrofracking

 PURPOSE OR GENERAL IDEA OF THE BILL :

The purpose of this legislation is to inform the people of the State
of New York of any and all potential seismological impacts posed by
the extraction of natural gas using horizontal drilling and
high-volume hydraulic fracturing and to provide an analysis of those
impacts. Such analysis and information shall help facilitate informed
decisions regarding actions to be taken with respect to such
activities in the state.

 SUMMARY OF PROVISIONS :

Section 1 of the bill sets forth the legislative findings of the bill
as described above.

Section 2 of the bill requires that pursuant to appropriation, a
school of geological sciences within the state university of New York
("the school of geological sciences") shall conduct a comprehensive
seismological impact assessment to examine potential geophysical
              

impacts that may be caused by the extraction of natural gas using
horizontal drilling and high-volume hydraulic fracturing. A
seismological impact assessment shall mean a combination of
procedures, method, and tools by which a policy, program, or project
may be judged as to its potential effects on the seismic activity in
the surrounding area, and the potential impact in New York state.

Section 3 of the bill requires that prior to the commencement of such
assessment, the school of geological sciences conducting such
assessment shall prepare a scoping document that will establish the
parameters of the seismological impact assessment. The scoping
document shall include the analysis required by this act, as well as
any other analyses conducted, and shall be subject to public review,
comment and revision.

Section 4 of the bill requires that such seismological assessment of
the extraction of natural gas using horizontal drilling and
high-volume hydraulic fracturing shall include, at a minimum, the
following analyses:

a) Identification and assessment of the impact that high-volume
hydraulic fracturing has on seismic activity in surrounding areas;

b) Estimated costs of any seismological impacts to the state as a
whole;

e) Recommendations for any mitigation of potential seismic impacts and
the methods and evidence used to arrive at such recommendations; and

f) A long-term plan for monitoring, evaluating, tracking and
mitigating potential seismic impacts.

Section 5 of the bill requires that a draft of the seismological
impact assessment be released for public review and comment. The
school of geological sciences conducting such assessment shall conduct
a minimum of two public hearings regarding the findings of the draft
seismological impact assessment and allow at least one hundred eighty
days for the public to submit comments. Upon the closing of the public
comment period, the school of geological sciences shall categorize,
review and respond to all public comments. If substantive changes to
the seismological impact assessment are made as a result of public
comments, such school of geological sciences shall issue a revised
draft. Such revised draft shall similarly be subject to public comment
and review, in compliance with the parameters set out for the initial
draft.

Section 6 of the bill requires that after responding to all public
comments as required by section 5 of this act, and upon completion of
the seismological impact assessment, such school of geological
sciences shall submit the completed seismological impact assessment to
the department of environmental conservation. The department of
environmental conservation shall make such seismological impact
assessment available to the public and deliver copies to the
legislature and the governor for review.

Section 7 of the bill sets forth an immediate effective date.

 JUSTIFICATION :

As the Governor and the Department of Environmental Conservation
("DEC") continue to deliberate on allowing the practice of horizontal
gas drilling and high-volume hydraulic fracturing in New York State,
it is imperative that a seismological impact assessment be completed
prior to any final decision.

Recent news reports have shown that there is increasing concern across
the United States that there may be serious seismic impacts from the
extraction of natural gas using horizontal drilling and high-volume
hydraulic fracturing. The state of Ohio has begun to investigate
seismic events in areas where horizontal drilling and high-volume
hydraulic fracturing has taken place. Scientists hired by the Ohio
Department of Natural Resources have recently determined with "95
percent certainty that the epicenters" of two earthquakes in late 2011
were within 0.8 kilometer of a hydrofracking waste water injection
well. There have also been concerns raised in Texas and Arkansas where
there are extensive hydrofracking operations in areas that have seen a
measurable increase in earthquake activity.

Similar concerns regarding the seismic effects of hydrofracking have
resulted in government investigations in Europe as well. In the fall
of 2011 the British Geological Survey concluded that two earthquakes
were likely caused by hydrofracking operations in the vicinity of the
affected areas.

As with the potential for serious health impacts, it is the state
government's fundamental responsibility to refrain from permitting
this industry until an analysis has been conducted on the seismic
impacts of hydrofracking.

 LEGISLATIVE HISTORY :

2015-16: S.681
2013-2014, S.326
2011-2012, S.6903

 FISCAL IMPLICATIONS :

Yet to be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.