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A01770 Summary:

BILL NO    A01770 

SAME AS    SAME AS S00448

SPONSOR    Maisel

COSPNSR    Englebright, Roberts, Colton, Kavanagh

MLTSPNSR   Boyland



Establishes a moratorium on the acceptance, disposal and/or processing of any
fluid which was used in and drill cuttings from a hydraulic fracturing process
performed outside of the state until 120 days after federal Environmental
Protection Agency issues a report on the effects of hydraulic fracturing on
water quality and public health, and submission of proof to the governor and
legislature that the department of environmental conservation is capable of
effectively regulating hydraulic fracturing drilling fluids, drill cutting and
soil disposal.
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A01770 Memo:

BILL NUMBER:A1770

TITLE  OF  BILL:    An  act  to establish a moratorium upon the disposal
and/or processing of any fluid which was used in  and  cuttings  from  a
hydraulic  fracturing  process outside of the state pending the issuance
of a report thereon by the federal Environmental Protection  Agency  and
certain  justifications  from  the department of environmental conserva-
tion; and providing for the repeal of such provisions upon  the  expira-
tion thereof

PURPOSE  OF  THE  BILL: To establish a moratorium on the disposal and/or
processing of any fluid which is used in a hydraulic fracturing  process
for natural gas production outside of the state, pending the issuance of
a report by the EPA.

SUMMARY OF PROVISIONS: The bill would place a moratorium on the importa-
tion  of  any hydraulic fracturing fluids until 120 days after the issu-
ance of the EPA 2-year comprehensive study of potential adverse  impacts
of  hydraulic  fracturing  and  fracturing  fluids  on water quality and
public health.

JUSTIFICATION: EPA announced on March 18, 2010 that it would be conduct-
ing a comprehensive 2-year research study to investigate  the  potential
adverse impacts that hydraulic fracturing and fracturing fluids may have
on  water  quality and public health. The fracturing fluids are composed
of dozens of chemicals that act as surfactants for the sand that forms a
large part of these fluids.   Drilling operations in  other  states  are
sending  their  waste  cutting fluids into New York for disposal:without
any testing or analysis of these fluids. Until the impacts  of  use  and
disposal  of these fluids are properly evaluated, it is inappropriate to
dispose of them in New York.

PRIOR LEGISLATIVE HISTORY:

A300-A, 2011-12
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: This act would take effect immediately  and  expire  120
days after the issuance of the EPA report.
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A01770 Text:

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

                                         1770

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. MAISEL -- read once and referred to the Committee
         on Environmental Conservation

       AN  ACT to establish a moratorium upon the disposal and/or processing of
         any fluid which was used in and cuttings from a  hydraulic  fracturing
         process  outside of the state pending the issuance of a report thereon
         by the federal Environmental Protection Agency and certain  justifica-
         tions from the department of environmental conservation; and providing
         for the repeal of such provisions upon the expiration thereof

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

    1    Section 1. (a) Notwithstanding any provision of law to  the  contrary,
    2  there  is  hereby established a moratorium upon the acceptance, disposal
    3  and/or processing of any drilling fluid or drill cuttings in this state,
    4  when such drilling fluid or drill cuttings has been used in a  hydraulic
    5  fracturing process occurring outside of this state.  The purpose of such
    6  moratorium  shall  be to afford the state and its residents the opportu-
    7  nity to review a report  to  be  issued  by  the  federal  Environmental
    8  Protection  Agency  on  the  effects  of  hydraulic fracturing on public
    9  health.
   10    (b) For the purposes of this section, the following terms shall mean:
   11    (i) "Drill cuttings" shall mean solid products removed from  the  well
   12  bore during an oil or gas well drilling operation.
   13    (ii)  "Drilling  fluids"  shall  mean drilling mud, chemical additives
   14  contained in or added to drilling fluids during the hydraulic fracturing
   15  drilling process, flow back water that returns to the surface after  the
   16  hydraulic  fracturing process, or any other residual liquids involved in
   17  drilling.
   18    (iii) "Hydraulic fracturing" shall mean  the  fracturing  of  rock  by
   19  man-made fluid-driven fracturing techniques for the purpose of stimulat-
   20  ing natural gas or oil well production.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03380-01-3
       A. 1770                             2

    1    (c)  Notwithstanding  any  other provision of this act, the moratorium
    2  established by subdivision (a) of this section shall  not  be  rescinded
    3  until  the  department of environmental conservation shall have provided
    4  the governor and the legislature with  proof  that  such  department  is
    5  capable of:
    6    (i) administering a program for the regulation of hydraulic fracturing
    7  drilling fluids, drill cuttings and soil disposal;
    8    (ii)  demonstrating the ability to identify all chemical components of
    9  drilling fluids;
   10    (iii) establishing monitoring and detection requirements for low-level
   11  radioactive materials in drill cuttings and soils from hydraulic  drill-
   12  ing operations;
   13    (iv) conducting inspections of any facilities that contract to receive
   14  hydraulic fracturing drilling fluids, drill cutting and soil;
   15    (v)  establishing appropriate monitoring requirements of any hydraulic
   16  fracturing drilling fluids, drill cuttings and soils to be  disposed  of
   17  in  this  state, for the presence of low-level radioactive material from
   18  the hydraulic fracturing drilling process; and
   19    (vi) enforcing all provisions of paragraphs (i) through  (v)  of  this
   20  subdivision.
   21    S  2.  This act shall take effect immediately, and shall expire and be
   22  deemed repealed on the one hundred twentieth day after the federal Envi-
   23  ronmental Protection Agency issues a report on the effects of  hydraulic
   24  fracturing  on water quality and public health, or the submission to the
   25  governor and the legislature of the proof required by subdivision (c) of
   26  section one of this act, whichever shall be later.   Provided, that  the
   27  commissioner  of environmental conservation shall notify the legislative
   28  bill drafting commission upon the issuance by the federal  Environmental
   29  Protection  Agency  of the report on the effects of hydraulic fracturing
   30  on water quality and public health referred to  in  subdivision  (a)  of
   31  section  one  of  this  act,  and the submission to the governor and the
   32  legislature of the proof required by subdivision (c) of section  one  of
   33  this  act  in  order  that  such commission may maintain an accurate and
   34  timely effective data base of the official text of the laws of the state
   35  of New York in furtherance of effectuating the provisions of section  44
   36  of the legislative law and section 70-b of the public officers law.
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