NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2922
SPONSOR: Sweeney (MS) 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 regu-
lations:
*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 regu-
lations.
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 Wet 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 attrac-
tive.
The extraction of these reserves is accompanied by considerable risk to
the environment. In order to fully examine this risk, the Assembly Envi-
ronmental Conservation Committee has held a series of hearings to exam-
ine the environmental protections needed in the Department of Environ-
mental 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: A10091-A of 2010 - Rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
EFFECTIVE DATE: This act shall take effect 90 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
2922
2011-2012 Regular Sessions
IN ASSEMBLY
January 21, 2011
___________
Introduced by M. of A. SWEENEY, ZEBROWSKI, LIFTON, JAFFEE, MAGNARELLI,
KAVANAGH, TITONE, CYMBROWITZ, REILLY, SPANO, CASTRO, N. RIVERA,
P. RIVERA, ROSENTHAL, MAISEL, PERRY, ORTIZ, BRENNAN, COOK, PHEFFER,
WEISENBERG, SCHIMEL, COLTON, BARRON -- Multi-Sponsored by -- M. of A.
CASTELLI, DESTITO, GOTTFRIED, LENTOL, MAGEE, MARKEY, McENENY, MILLMAN,
O'DONNELL, THIELE -- read once and referred to the Committee on Envi-
ronmental 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:
1 Section 1. The opening paragraph and paragraph d of subdivision 8 of
2 section 23-0305 of the environmental conservation law, as amended by
3 chapter 846 of the laws of 1981, are amended to read as follows:
4 With respect to oil pools or fields and natural gas pools or fields,
5 the department shall [have power to]:
6 d. (i) Require the drilling, casing, operation, plugging and replug-
7 ging of wells and reclamation of surrounding land in accordance with
8 rules and regulations of the department in such manner as to prevent or
9 remedy the following, including but not limited to: the escape of oil,
10 gas, brine or water out of one stratum into another; the intrusion of
11 water into oil or gas strata other than during enhanced recovery oper-
12 ations; the pollution of fresh water supplies by oil, gas, salt water,
13 hydraulic fracturing fluids or other contaminants; and blowouts,
14 cavings, seepages and fires. Such rules and regulations shall require
15 the disclosure of all hydraulic fracturing fluid components and shall
16 prohibit the use of hydraulic fracturing fluids that contain a chemical
17 substance that poses a risk to human health, including but not limited
18 to, hydraulic fracturing fluids that contain a chemical substance that
19 has been identified pursuant to the federal Toxic Substances Control Act
20 as persistent, bioaccumulative and toxic or is a known mutagen.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00714-01-1
A. 2922 2
1 (ii) No permit shall be issued for the drilling or operation of any
2 well proposing to use hydraulic fracturing fluids until the department
3 has adopted rules and regulations consistent with the provisions of this
4 chapter.
5 § 2. This act shall take effect on the ninetieth day after it shall
6 have become a law.
