Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5547
SPONSOR: Englebright (MS) TITLE OF BILL: An act to establish a moratorium upon conducting
hydraulic fracturing pending the issuance of a report thereon by the
federal Environmental Protection Agency; and providing for the repeal of
such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL This bill seeks to place a moratorium
upon the issuance of new permits for the activity of horizontal hydrau-
lic fracturing until such time as the environmental protection agency
has released its report on the effects of hydraulic fracturing on
groundwater and freshwater supplies.
SUMMARY OF SPECIFIC PROVISIONS: Establishes a moratorium on the issu-
ance of new permits for the activity of horizontal hydraulic fracturing
for the extraction of natural gas or oil until 120 days after federal
environmental protection agency.
JUSTIFICATION: On March 18, 2010 the EPA announced that it will be
conducting a comprehensive 2-year research study to investigate the
potential adverse impact that hydraulic fracturing may have on water
quality and public health, including the potential impacts the hydraulic
fracturing mixture may have on water quality.
Hydraulic fracturing is a process that involves vertical and horizontal
drilling and fracturing of underground formations to facilitate with-
drawal of natural gas or oil, from shale and other geological forma-
tions. In general, the process involves injecting fresh water, fractur-
ing fluids and sand into the formation, withdrawing the gas and
separating and managing the leftover waters.
The fracturing fluid itself is made up of dozens of chemicals that act
as a lubricant for the sand. These chemicals can include potentially
dangerous petrol compounds. The new high volume horizontal drilling
being proposed for the Marcellus Shale region of New York State includes
millions of gallons of water, sand and fracturing fluid.
New York State must continue to be vigilant where questions of water
quality and public health are concerned and must have all available
information before allowing a questionable practice such as hydraulic
fracturing to take place without fully knowing the potential dangers. My
legislation will piece a moratorium on the issuance of new permits for
high volume horizontal hydraulic fracturing until the EPA study has been
completed and the results know to the public. This bill will not apply
to permits issued prior to the effective date of this act for horizontal
drilling operations which utilize hydraulic fracturing that are subject
to renewal.
PRIOR LEGISLATIVE HISTORY: 2009-2010 A10490A reported referred to
rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK
________________________________________________________________________
5547
2011-2012 Regular Sessions
IN ASSEMBLY
February 23, 2011
___________
Introduced by M. of A. ENGLEBRIGHT, SWEENEY, MENG, DINOWITZ, LIFTON,
COLTON, GOTTFRIED, ROSENTHAL, GUNTHER, TITONE, CASTRO, MILLMAN, CRES-
PO, GLICK, M. MILLER, BARRON, JAFFEE, MARKEY, JACOBS, BRENNAN, MAGNAR-
ELLI, SCHIMEL, KAVANAGH, CYMBROWITZ, WRIGHT, P. RIVERA, MAISEL, HEVE-
SI, KELLNER, WEPRIN, PAULIN, BROOK-KRASNY, JEFFRIES, COOK --
Multi-Sponsored by -- M. of A. BING, CASTELLI, CUSICK, LANCMAN,
LAVINE, LENTOL, MAGEE, MAYERSOHN, NOLAN, O'DONNELL, PHEFFER, SCARBOR-
OUGH, THIELE, WEISENBERG, ZEBROWSKI -- read once and referred to the
Committee on Environmental Conservation
AN ACT to establish a moratorium upon conducting hydraulic fracturing
pending the issuance of a report thereon by the federal Environmental
Protection Agency; 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 issuance of new
3 permits for horizontal drilling which utilizes the practice of hydraulic
4 fracturing in the state. The purpose of such moratorium shall be to
5 afford the state and its residents the opportunity to review a report to
6 be issued by the federal Environmental Protection Agency on the effects
7 of hydraulic fracturing on water quality and public health.
8 (b) For the purposes of this section, "hydraulic fracturing" shall
9 mean fracturing of rock by man-made fluid-driven fracturing techniques
10 for the purpose of stimulating natural gas or oil well production.
11 (c) For the purposes of this section, "horizontal drilling" shall mean
12 a technique whereby a vertical wellbore is turned up to ninety degrees
13 and drills in a generally horizontal direction for the purpose of stimu-
14 lating natural gas or oil well production.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09136-01-1
A. 5547 2
1 (d) This section shall not apply to permits issued prior to the effec-
2 tive date of this act for horizontal drilling operations which utilize
3 hydraulic fracturing that are subject to renewal.
4 § 2. This act shall take effect immediately, and shall expire and be
5 deemed repealed on the one hundred twentieth day after the federal Envi-
6 ronmental Protection Agency issues a report on the effects of hydraulic
7 fracturing on water quality and public health. Provided, that the
8 commissioner of environmental conservation shall notify the legislative
9 bill drafting commission upon the issuance by the federal Environmental
10 Protection Agency of the report on the effects of hydraulic fracturing
11 on water quality and public health referred to in subdivision (a) of
12 section one of this act in order that such commission may maintain an
13 accurate and timely effective data base of the official text of the laws
14 of the state of New York in furtherance of effectuating the provisions
15 of section 44 of the legislative law and section 70-b of the public
16 officers law.
