NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7400A
SPONSOR: Sweeney (MS) TITLE OF BILL: An act to suspend hydraulic fracturing; and providing
for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
prohibit the issuance of new gas and/or oil permits for well drilling
that involves hydraulic fracturing (hydrofracking).
SUMMARY OF SPECIFIC PROVISIONS: This bill would suspend, until June
1, 2013, the issuance of new permits for the drilling of a well that
would utilize the practice of hydraulic fracturing for the purpose of
stimulating natural gas or oil in low permeability natural gas reser-
voirs such as the Marcellus and Utica shale formations.
JUSTIFICATION: The potential development of natural gas drilling in
low permeability natural gas reservoirs such as the Marcellus and Utica
Shale formations has led to robust debate regarding the safety of the
process and the protection of the environment.
Delaying the Department of Environmental Conservation's (DEC) ability to
issue permits until June 1, 2013, will provide the Legislature with
additional time to assess the true environmental impacts of hydraulic
fracturing. This bill will also help ensure the Legislature has adequate
time to review DEC's Draft Supplemental Generic Environmental Impact
Statement (DSGEIS) once it is produced.
Gas drilling carries with it the risk of accidents, including spills and
blow-outs. There are also impacts on the communities in which shale gas
production is located including increased traffic, noise and habitat
destruction; however, one of.the biggest concerns is water safety. The
large withdrawals of water required for hydrofracking could disrupt
surface and ground water ecosystems. In addition, improper management of
drilling and hydrofracking chemicals and drilling waste could pollute
surface water and/or groundwater.
Given the complexities of the environmental and policy issues under
consideration, there is an urgent need for an extension of the suspen-
sion of the permitting process involving hydraulic fracturing. Such a
moratorium will allow for a thorough, deliberate and unrushed analysis
of all of the factors involved.
PRIOR LEGISLATIVE HISTORY: 2010: A.11443-B - Rules (Sweeney) - Veto
Memo 6837 2011: A.7400 - Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed repealed on June 1, 2013.
STATE OF NEW YORK
________________________________________________________________________
7400--A
Cal. No. 245
2011-2012 Regular Sessions
IN ASSEMBLY
May 3, 2011
___________
Introduced by M. of A. SWEENEY, SILVER, FARRELL, LIFTON, JAFFEE, ZEBROW-
SKI, COLTON, ABINANTI, WEISENBERG, BRENNAN, GOTTFRIED, KELLNER,
P. RIVERA, ENGLEBRIGHT, DINOWITZ, MARKEY, PAULIN, MILLMAN, JACOBS,
COOK, M. MILLER, ROSENTHAL, ROBINSON, CASTELLI, GALEF, KAVANAGH,
O'DONNELL, CAHILL, BRAUNSTEIN, SCARBOROUGH, CYMBROWITZ,
PEOPLES-STOKES, MOYA, SIMOTAS, CLARK, PERRY -- Multi-Sponsored by --
M. of A. AUBRY, DenDEKKER, GIBSON, GLICK, LATIMER, LAVINE, MAGEE,
MAISEL, McENENY, SCHIMEL, THIELE, TITONE, WEINSTEIN -- read once and
referred to the Committee on Environmental Conservation -- advanced to
a third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to suspend hydraulic fracturing; and providing for the repeal of
such provisions 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 new permits for the drilling of a well which utilizes the practice of
3 hydraulic fracturing for the purpose of stimulating natural gas or oil
4 in low permeability natural gas reservoirs, such as the Marcellus and
5 Utica shale formations.
6 The purpose of such suspension shall be to afford the state and its
7 residents the opportunity to continue the review and analysis of the
8 effects of hydraulic fracturing on water and air quality, environmental
9 safety and public health.
10 For the purposes of this section, "hydraulic fracturing" shall mean
11 the fracturing of rock by fluid for the purpose of stimulating natural
12 gas or oil for any purpose.
13 This section shall not apply to permits issued prior to the effective
14 date of this act which utilize hydraulic fracturing that are subject to
15 renewal.
16 § 2. This act shall take effect immediately, and shall expire and be
17 deemed repealed June 1, 2013.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11076-03-2
