A07400 Summary:

BILL NO    A07400A

SAME AS    SAME AS S06261

SPONSOR    Sweeney (MS)

COSPNSR    Silver, Farrell, Lifton, Jaffee, Zebrowski, Colton, Abinanti,
           Weisenberg, Brennan, Gottfried, Kellner, Rivera P, Englebright,
           Dinowitz, Markey, Paulin, Millman, Jacobs, Cook, Miller M, Rosenthal,
           Robinson, Castelli, Galef, Kavanagh, O'Donnell, Cahill, Braunstein,
           Scarborough, Cymbrowitz, Peoples-Stokes, Moya, Simotas, Clark, Perry,
           Thiele, Titone, Rodriguez, Weprin, Roberts, Stevenson, Ramos, Hooper,
           Linares

MLTSPNSR   Aubry, Barron, DenDekker, Gibson, Glick, Hevesi, Latimer, Lavine,
           Lentol, Magee, Magnarelli, Maisel, McEneny, Nolan, Ryan, Sayward,
           Schimel, Simanowitz, Weinstein



Suspends hydraulic fracturing for the extraction of natural gas or oil;
suspends the issuance of new permits for such drilling.
Go to top

A07400 Actions:

BILL NO    A07400A

05/03/2011 referred to environmental conservation
05/17/2011 reported referred to codes
06/01/2011 reported referred to ways and means
06/01/2011 reported referred to rules
06/06/2011 reported 
06/06/2011 rules report cal.71
06/06/2011 ordered to third reading rules cal.71
06/06/2011 passed assembly
06/06/2011 delivered to senate
06/06/2011 REFERRED TO ENVIRONMENTAL CONSERVATION
01/04/2012 DIED IN SENATE
01/04/2012 RETURNED TO ASSEMBLY
01/04/2012 ordered to third reading cal.245
01/18/2012 amended on third reading 7400a
Go to top

A07400 Votes:

A07400 06/06/2011 96/46
AbbateYCastellYGalefYKatzNOMcKevitNORabbittNOStevensY
AbinantYCastroYGanttYKavanagYMcLaughNORaiaNOSweeneyY
AmedoreNOCerettoNOGibsonYKellnerYMengYRamosYTediscoNO
ArroyoYClarkYGiglioNOKirwanERMill D NOReilichNOTenneyNO
AubryYColtonERGlickYKolbNOMill JMNOReillyYThieleY
BarclayNOConteNOGoodellNOLancmanYMill MGYRive J YTitoneY
BarronYCookYGottfriYLatimerYMillmanYRive N YTitusY
BenedetYCorwinNOGrafNOLavineYMolinarYRive PMYTobaccoNO
BingYCrespoYGuntherYLentolYMontesaNORobertsYWeinsteY
BlankenNOCrouchNOHannaNOLiftonYMorelleYRobinsoYWeisenbY
BoylandERCurranYHawleyNOLinaresYMoyaYRodriguYWeprinY
BoyleNOCusickYHayesNOLope PDYMurrayNORosenthYWrightY
BraunstYCymbrowYHeastieYLope VJYNolanYRussellYZebrowsY
BrennanYDenDekkYHevesiYLosquadNOOaksNOSaladinNOMr SpkrY
BronsonYDinowitYHikindNOLupardoNOO'DonneYSaywardNO
Brook KYDupreyNOHooperYMageeYOrtizYScarborY
BurlingNOEnglebrYHoytYMagnareYPalmesaNOSchimelY
ButlerYFarrellYJacobsYMaiselYPaulinYSchimmiNO
CahillYFinchNOJaffeeYMalliotYPeoplesYSchroedNO
CalhounNOFitzpatNOJeffrieYMarkeyERPerryYSimotasY
CamaraYFriendNOJohnsYMcDonouNOPretlowYSmardzNO
CanestrYGabryszYJordanNOMcEnenyYRaYSpanoY

Go to top

A07400 Memo:

BILL NUMBER:A7400A

TITLE OF BILL:
An act
to suspend hydraulic fracturing; and providing for the
repeal of such provisions upon expiration thereof

Purpose Or General Idea Of Bill:
The purpose of this bill is to prohibit the issuance of new gas and/or
oil permits for well drilling that involves hydraulic fracturing
(hydrofracking).

Summary Of Specific Provisions:
This bill would suspend, until June 1, 2013, the issuance of new
permits for the drilling of a well that would utilize the practice of
hydraulic fracturing for the purpose of stimulating natural gas or
oil in low permeability natural gas reservoirs such as the Marcellus
and Utica shale formations.

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 until June 1, 2013, will provide the Legislature
with additional time to assess the true environmental impacts of
hydraulic fracturing. This bill will also help ensure the Legislature
has adequate time to review DEC's Draft Supplemental Generic
Environmental Impact Statement (DSGEIS) once it is produced.

Gas drilling carries with it the risk of accidents, including spills
and blow-outs. There are also impacts on the communities in which
shale gas production is located including increased traffic, noise
and habitat destruction; however, one of.the biggest concerns is
water safety. The large withdrawals of water required for
hydrofracking could disrupt surface and ground water ecosystems. In
addition, improper management of drilling and hydrofracking chemicals
and drilling waste could pollute surface water and/or groundwater.

Given the complexities of the environmental and policy issues under
consideration, there is an urgent need for an extension of the
suspension of the permitting process involving hydraulic fracturing.
Such a moratorium will allow for a thorough, deliberate and unrushed
analysis of all of the factors involved.

Prior Legislative History:
2010: A.11443-B - Rules (Sweeney) - Veto
Memo 6837 2011: A.7400 - Passed Assembly

Fiscal Implications For State And Local Governments:
None.

Effective Date:
This act shall take effect immediately and shall be
deemed repealed on June 1, 2013.
Go to top

A07400 Text:

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

                                        7400--A
                                                               Cal. No. 245

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                      May 3, 2011
                                      ___________

       Introduced by M. of A. SWEENEY, SILVER, FARRELL, LIFTON, JAFFEE, ZEBROW-
         SKI,   COLTON,  ABINANTI,  WEISENBERG,  BRENNAN,  GOTTFRIED,  KELLNER,
         P. RIVERA, ENGLEBRIGHT, DINOWITZ,  MARKEY,  PAULIN,  MILLMAN,  JACOBS,
         COOK,  M. MILLER,  ROSENTHAL,  ROBINSON,  CASTELLI,  GALEF,  KAVANAGH,
         O'DONNELL,    CAHILL,     BRAUNSTEIN,     SCARBOROUGH,     CYMBROWITZ,
         PEOPLES-STOKES,  MOYA,  SIMOTAS, CLARK, PERRY -- Multi-Sponsored by --
         M. of A. AUBRY, DenDEKKER,  GIBSON,  GLICK,  LATIMER,  LAVINE,  MAGEE,
         MAISEL,  McENENY,  SCHIMEL, THIELE, TITONE, WEINSTEIN -- read once and
         referred to the Committee on Environmental Conservation -- advanced to
         a third reading, amended and ordered reprinted, retaining its place on
         the order of third reading

       AN ACT to suspend hydraulic fracturing; and providing for the repeal  of
         such provisions 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  new permits for the drilling of a well which utilizes  the  practice  of
    3  hydraulic  fracturing  for the purpose of stimulating natural gas or oil
    4  in low permeability natural gas reservoirs, such as  the  Marcellus  and
    5  Utica shale formations.
    6    The  purpose  of  such suspension shall be to afford the state and its
    7  residents the opportunity to continue the review  and  analysis  of  the
    8  effects  of hydraulic fracturing on water and air quality, environmental
    9  safety and public health.
   10    For the purposes of this section, "hydraulic  fracturing"  shall  mean
   11  the  fracturing  of rock by fluid for the purpose of stimulating natural
   12  gas or oil for any purpose.
   13    This section shall not apply to permits issued prior to the  effective
   14  date  of this act which utilize hydraulic fracturing that are subject to
   15  renewal.
   16    S 2. This act shall take effect immediately, and shall expire  and  be
   17  deemed repealed June 1, 2013.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11076-03-2
Go to top
Page display time = 0.343 sec