Prohibits the use of hydraulic fracturing in the extraction of oil and gas; prohibits acceptance, disposal and/or processing of any fluid used in a hydraulic fracturing process.
STATE OF NEW YORK
________________________________________________________________________
7218--B
2011-2012 Regular Sessions
IN ASSEMBLY
April 19, 2011
___________
Introduced by M. of A. COLTON, P. RIVERA, M. MILLER, JAFFEE, JACOBS,
STEVENSON, SCARBOROUGH, WEISENBERG, KELLNER, MILLMAN, ABINANTI, CRES-
PO, ROSENTHAL, DINOWITZ, WEINSTEIN, MAISEL, PAULIN, WEPRIN, SCHIMEL,
RAMOS -- Multi-Sponsored by -- M. of A. BRENNAN, CYMBROWITZ, GIBSON,
GLICK, LATIMER, THIELE -- read once and referred to the Committee on
Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Environmental Conservation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the use of hydraulic fracturing and the disposal and/or
processing of any fluid which was used in a hydraulic fracturing proc-
ess
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph b of subdivision 1 of section 23-0501 of the
2 environmental conservation law is amended by adding a new subparagraph 4
3 to read as follows:
4 (4) "Hydraulic fracturing" means fracturing of rock by man-made fluid-
5 driven fracturing techniques for the purpose of stimulating natural gas
6 or oil well production. Any fluid used in such a fracturing technique
7 shall be deemed a "hydraulic fracturing fluid", including water or
8 liquid propane gas.
9 § 2. Section 23-0305 of the environmental conservation law is amended
10 by adding a new subdivision 15 to read as follows:
11 15. The department shall not issue a permit for the drilling or opera-
12 tion of any well proposing to use hydraulic fracturing or hydraulic
13 fracturing fluids, as such terms are defined by subparagraph four of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10073-09-2
A. 7218--B 2
1 paragraph b of subdivision one of section 23-0501 of this article, for
2 the extraction of gas and/or oil.
3 § 3. Subdivision 3 of section 23-0501 of the environmental conserva-
4 tion law is renumbered subdivision 4 and a new subdivision 3 is added to
5 read as follows:
6 3. The department shall not issue a permit for the drilling or opera-
7 tion of any well proposing to use hydraulic fracturing or hydraulic
8 fracturing fluids for the extraction of gas and/or oil.
9 § 4. The environmental conservation law is amended by adding a new
10 section 17-0513 to read as follows:
11 § 17-0513. Prohibition on acceptance, disposal and/or processing of any
12 fluid used in a hydraulic fracturing process.
13 1. Notwithstanding any provision of law, rule or regulation to the
14 contrary, the acceptance, disposal and/or processing of any drilling
15 fluids or drill cuttings in this state, when such drilling fluids or
16 drill cuttings have been used in a hydraulic fracturing process, is
17 prohibited.
18 2. For the purposes of this section:
19 (a) "Drilling fluids" shall mean drilling mud, chemical additives
20 contained in or added to drilling fluids during the hydraulic fracturing
21 drilling process, flow back water that returns to the surface after the
22 hydraulic fracturing process, or any other residual liquids involved in
23 drilling.
24 (b) "Drill cuttings" shall mean solid products removed from the well
25 bore during an oil or gas well drilling operation.
26 (c) "Hydraulic fracturing" shall mean the fracturing of rock by man-
27 made fluid-driven fracturing techniques for the purpose of stimulating
28 natural gas or oil well production.
29 § 5. This act shall take effect immediately.
