A05424 Summary:

BILL NO    A05424A

SAME AS    SAME AS S04236-A

SPONSOR    Sweeney (MS)

COSPNSR    Silver, Farrell, Lifton, Gottfried, Weisenberg, Colton, Brennan,
           Glick, Cymbrowitz, O'Donnell, Jaffee, Kavanagh, Zebrowski, Abinanti,
           Otis, Englebright, Dinowitz, Markey, Paulin, Millman, Jacobs, Cook,
           Miller, Robinson, Galef, Braunstein, Scarborough, Clark, Perry,
           Roberts, Hooper, Kellner, Cahill, Rosenthal, Peoples-Stokes, Rozic,
           Brindisi, Ortiz, Skartados, Steck, Sepulveda, Weprin, Fahy

MLTSPNSR   Aubry, Buchwald, Crespo, Hevesi, Lavine, Magnarelli, Nolan, Ryan,
           Schimel, Simanowitz, Thiele, Titone, Weinstein



Suspends the issuance of permits for drilling wells for natural gas extraction
in certain areas.
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A05424 Actions:

BILL NO    A05424A

02/26/2013 referred to environmental conservation
03/01/2013 amend and recommit to environmental conservation
03/01/2013 print number 5424a
03/04/2013 reported referred to codes
03/05/2013 reported referred to ways and means
03/05/2013 reported referred to rules
03/05/2013 reported 
03/05/2013 rules report cal.37
03/05/2013 ordered to third reading rules cal.37
03/06/2013 passed assembly
03/06/2013 delivered to senate
03/06/2013 REFERRED TO ENVIRONMENTAL CONSERVATION
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.254
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A05424 Votes:

A05424A03/06/2013 103/40
AbbateYClarkYGanttYKavanagYMcKevitNORaiaNOSolagesY
AbinantYColtonYGarbariNOKearnsYMcLaughNORamosYStecNO
ArroyoYCookYGibsonYKellnerYMillerYReilichNOSteckY
AubryYCorwinNOGiglioNOKimYMillmanYRiveraERStevensY
BarclayNOCrespoYGjonajYKolbNOMontesaNORobertsYStirpeY
BarrettYCrouchNOGlickYLalorNOMorelleYRobinsoYSweeneyY
BarronERCurranYGoldfedYLavineYMosleyYRodriguERTediscoNO
BenedetYCusickYGoodellNOLentolYMoyaYRosaYTenneyNO
BlankenNOCymbrowYGottfriYLiftonYNojayNORosenthYThieleY
BorelliNODenDekkYGrafNOLope PDNONolanYRozicYTitoneY
BoylandYDinowitYGuntherYLope VJEROaksNORussellYTitusY
BraunstYDiPietrNOHawleyNOLosquadERO'DonneYRyanYWalterNO
BrennanYDupreyNOHeastieYLupardoYOrtizYSaladinNOWeinsteY
BrindisYEnglebrYHennessYLupinacNOOtisYSantabaYWeisenbY
BronsonYEspinalYHevesiYMageeYPalmesaNOScarborYWeprinY
Brook-KYFahyYHikindNOMagnareYPaulinYSchimelYWrightY
BuchwalYFarrellYHooperYMaiselYPeoplesYSchimmiNOZebrowsY
ButlerNOFinchNOJacobsYMalliotNOPerryYSepulveYMr SpkrY
CahillYFitzpatERJaffeeYMarkeyYPretlowYSimanowY
CamaraYFriendNOJohnsYMayerYQuartYSimotasY
CastroERGabryszYJordanNOMcDonalYRaNOSkartadY
CerettoYGalefYKatzNOMcDonouNORabbittNOSkoufisY

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A05424 Memo:

BILL NUMBER:A5424A

TITLE  OF  BILL:    An  act suspending the issuance of permits for the
drilling of wells for natural gas extraction  in  certain  areas;  and
providing for the repeal of such provision upon expiration thereof

Purpose  Or  General  Idea  Of  Bill:   The purpose of this bill is to
impose a moratorium on the issuance of certain  natural  gas  drilling
permits and to require the completion of a comprehensive health impact
assessment.

Summary  Of  Specific Provisions:   This bill would suspend, until May
15, 2015, the issuance of permits for natural gas  extraction  in  low
permeability  natural  gas  reservoirs such as the Marcellus and Utica
shale formations and would  require  a  school  of  public  health  to
conduct  a comprehensive health impact assessment complete with public
comment and review.

Justification:  The potential development of natural gas  drilling  in
low  permeability  natural  gas  reservoirs  such as the Marcellus and
Utica Shale formations has led to robust debate regarding  the  safety
of the process and the protection of the environment.

Delaying  the Department of Environmental Conservation's (DEC) ability
to issue permits will provide the Legislature with additional time  to
assess  the  true public health and environmental impacts of hydraulic
fracturing and will provide the opportunity for the  completion  of  a
comprehensive  health  impact  assessment.  This  bill  will also help
ensure the Legislature has adequate time to review DEC's  Supplemental
Generic  Environmental  Impact  Statement (SGEIS) once it is produced.
Such a moratorium will allow for a thorough, deliberate  and  unrushed
analysis of all of the factors involved.

Prior   Legislative  History:    This  is  a  new  bill,  but  similar
legislation, A.11443-B - Rules (Sweeney), was vetoed in 2010.

Fiscal Implications For State And Local Governments:  None.

Effective Date:  This act shall take effect immediately and  shall  be
deemed repealed on May 15, 2015.

***END DOCUMENT***
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A05424 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5424--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 26, 2013
                                      ___________

       Introduced  by  M.  of  A.  SWEENEY, SILVER, FARRELL, LIFTON, GOTTFRIED,
         WEISENBERG, COLTON, BRENNAN,  GLICK,  CYMBROWITZ,  O'DONNELL,  JAFFEE,
         KAVANAGH,  ZEBROWSKI,  ABINANTI,  OTIS, ENGLEBRIGHT, DINOWITZ, MARKEY,
         PAULIN, MILLMAN, JACOBS, COOK, MILLER,  ROBINSON,  GALEF,  BRAUNSTEIN,
         SCARBOROUGH,   CLARK,  PERRY,  ROBERTS,  STEVENSON,  HOOPER,  KELLNER,
         CAHILL, ROSENTHAL, PEOPLES-STOKES -- Multi-Sponsored by --  M.  of  A.
         AUBRY,  BUCHWALD,  CRESPO,  FAHY,  GIBSON, HEVESI, LAVINE, MAGNARELLI,
         MAISEL, RYAN, SCHIMEL, SIMANOWITZ, THIELE, TITONE  --  read  once  and
         referred  to  the Committee on Environmental Conservation -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT suspending the issuance of permits for the drilling of wells  for
         natural  gas extraction in certain areas; and providing for the repeal
         of such provision upon expiration thereof

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. There is hereby established a suspension of the issuance of
    2  permits  for  the  drilling  of a well for natural gas extraction in low
    3  permeability natural gas pools such as the  Marcellus  and  Utica  shale
    4  formations.
    5    S  2.  1. A school of public health within the state university of New
    6  York shall conduct a comprehensive health impact assessment following  a
    7  model  recommended  by the centers for disease control and prevention to
    8  examine potential public health impacts that  could  be  caused  by  the
    9  extraction  of  natural  gas  using  horizontal drilling and high-volume
   10  hydraulic fracturing. For  the  purposes  of  this  act,  health  impact
   11  assessment shall mean a combination of procedures, methods, and tools by
   12  which  a  policy,  program, or project may be judged as to its potential
   13  effects on the health of a population, and  the  distribution  of  those
   14  effects within the population.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09142-02-3
       A. 5424--A                          2

    1    2.  Prior to the commencement of such assessment, the school of public
    2  health conducting such assessment shall prepare a scoping document  that
    3  will establish the parameters of the health impact assessment. The scop-
    4  ing  document  shall include the analyses contained in this act, as well
    5  as any other potential analyses to be conducted, and shall be subject to
    6  public review, comment and revision.
    7    3.  Such  health  impact  assessment  of the extraction of natural gas
    8  using horizontal drilling and  high-volume  hydraulic  fracturing  shall
    9  include, at a minimum, the following analyses:
   10    (a)  Identification and assessment of the magnitude, nature and extent
   11  of potential localized and statewide health impacts  utilizing  multiple
   12  methods  and  information  derived  from  a combination of public health
   13  tools including risk assessment, scientific literature,  and  population
   14  analysis;
   15    (b)   Identification   and  assessment  of  disparate  community-level
   16  impacts;
   17    (c) Estimated costs of any health impacts to the state, local  govern-
   18  ments,  health  insurers,  employers  and the state's public and private
   19  health care systems as a whole;
   20    (d) Recommendations for any mitigation of potential health impacts and
   21  the methods and evidence used to arrive at such recommendations; and
   22    (e) A long-term plan for monitoring, evaluating, tracking and mitigat-
   23  ing potential health impacts.
   24    4. A draft of such health impact  assessment  shall  be  released  for
   25  public  review  and comment. The school of public health conducting such
   26  assessment shall conduct a minimum of two public hearings regarding  the
   27  findings  of  the  draft health impact assessment and allow at least one
   28  hundred twenty days for the public to submit comments.  Upon the closing
   29  of the public comment period, such school of public health  shall  cate-
   30  gorize, review and respond to all public comments. If substantive chang-
   31  es  to  the  health  impact  assessment  are  made as a result of public
   32  comments, such school of public health shall issue a revised draft. Such
   33  revised draft shall similarly be subject to public comment  and  review,
   34  in compliance with the parameters set out for the initial draft.
   35    5.  After responding to all public comments as required by subdivision
   36  four of this section, and upon completion of the health  impact  assess-
   37  ment,  such  school  of  public health shall submit the completed health
   38  impact assessment to the  New  York  state  department  of  health.  The
   39  department  of health shall make such health impact assessment available
   40  to the public and deliver copies to the legislature and the governor for
   41  review.
   42    6. The health impact assessment required under subdivision one of this
   43  section shall be completed within ninety days  after  the  final  public
   44  comment period, but in no event shall such assessment be completed later
   45  than April 15, 2015.
   46    S  3.  This  act shall take effect immediately and shall expire and be
   47  deemed repealed May 15, 2015.
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