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A05653 Summary:

BILL NO    A05653 

SAME AS    No same as 

SPONSOR    Englebright (MS)

COSPNSR    Sweeney, Dinowitz, Lifton, Colton, Gottfried, Rosenthal, Gunther,
           Titone, Millman, Crespo, Glick, Miller, Jaffee, Markey, Jacobs,
           Brennan, Magnarelli, Schimel, Kavanagh, Cymbrowitz, Wright, Hevesi,
           Kellner, Weprin, Paulin, Brook-Krasny, Cook

MLTSPNSR   Cusick, Lavine, Lentol, Magee, Nolan, O'Donnell, Scarborough, Thiele,
           Weisenberg, Zebrowski



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.
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A05653 Text:

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

                                         5653

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 4, 2013
                                      ___________

       Introduced  by  M. of A. ENGLEBRIGHT, SWEENEY, DINOWITZ, LIFTON, COLTON,
         GOTTFRIED, CASTRO, ROSENTHAL, GUNTHER, TITONE, MILLMAN, CRESPO, GLICK,
         MILLER, BARRON, JAFFEE, MARKEY, JACOBS, BRENNAN, MAGNARELLI,  SCHIMEL,
         KAVANAGH, CYMBROWITZ, WRIGHT, MAISEL, HEVESI, KELLNER, WEPRIN, PAULIN,
         BROOK-KRASNY,  COOK  -- Multi-Sponsored by -- M. of A. CUSICK, LAVINE,
         LENTOL, MAGEE,  NOLAN,  O'DONNELL,  SCARBOROUGH,  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.
   15    (d) This section shall not apply to permits issued prior to the effec-
   16  tive  date  of this act for horizontal drilling operations which utilize
   17  hydraulic fracturing that are subject to renewal.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09435-01-3
       A. 5653                             2

    1    S 2. This act shall take effect immediately, and shall expire  and  be
    2  deemed repealed on the one hundred twentieth day after the federal Envi-
    3  ronmental  Protection Agency issues a report on the effects of hydraulic
    4  fracturing on water quality and  public  health.    Provided,  that  the
    5  commissioner  of environmental conservation shall notify the legislative
    6  bill drafting commission upon the issuance by the federal  Environmental
    7  Protection  Agency  of the report on the effects of hydraulic fracturing
    8  on water quality and public health referred to  in  subdivision  (a)  of
    9  section  one  of  this act in order that such commission may maintain an
   10  accurate and timely effective data base of the official text of the laws
   11  of the state of New York in furtherance of effectuating  the  provisions
   12  of  section  44  of  the  legislative law and section 70-b of the public
   13  officers law.
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