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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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5653
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    § 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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