•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

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.
Go to top

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.
Go to top
Page display time = 0.17 sec