NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11443B
SPONSOR: Rules (Sweeney) TITLE OF BILL: An act to suspend hydraulic fracturing; and providing
for the repeal of such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to place a suspen-
sion of any permitting for hydraulic fracturing in low-permeability
natural gas reservoirs such as the Marcellus Shale and Utica Shale
formations to ensure adequate review and analysis of the effects of this
type of drilling on water quality, air, environmental, safety and public
health.
SUMMARY OF SPECIFIC PROVISIONS: This bill suspends the issuance of
new permits for the drilling of a well which utilizes the practice of
hydraulic fracturing for the purpose of stimulating natural gas or oil
in low permeability natural gas reservoirs such as the Marcellus and
Utica Shale formations.
JUSTIFICATION: The potential for development of natural gas drilling
in low permeability natural gas reservoirs such as the Marcellus Shale
and Utica Shale formations within New York State has created robust
debate involving the interplay between job creation and protection of
the environment. Stakeholders both in support and opposition to these
developments are aggressively advancing positions that are expansive and
highly controversial.
By delaying DEC's ability to issue permits until May 15, 2011, this bill
will provide the Legislature additional time to assess the true environ-
mental impacts of horizontal drilling and hydraulic fracturing. This
bill will also allow the Legislature to properly deliberate the numerous
concerns that have come forward during the public comment period on the
Department of Environmental Conservation's draft Supplemental Generic
Environmental Impact Statement (draft SGEIS). The May 15, 2011 date also
ensures that the Legislature will have ample opportunity to act in the
2011 Legislative Session.
Gas drilling carries with it risks of accidents, including blow-outs and
hazards related to gas seeping from wells. There are also potential
effects on the communities in which shale gas production is located,
including traffic, noise, and an influx of transient workers. Air quali-
ty, road creation, and habitat destruction all need to be taken into
account, but by far the biggest concern is water safety. The large with-
drawals of water required for hydrofracking could disrupt surface and
ground water ecosystems, and improper Management of drilling and hydro-
fracking chemicals, drilling waste, and wastewater could pollute surface
water and/or groundwater.
Given the complexities of the environmental and policy issues under
consideration, the need for a one year suspension on the permitting
process for development of natural gas drilling in the Marcellus Shale
formation cannot be overstated. This will allow for a thorough, deliber-
ate and unrushed analysis of all factors involved.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately, and shall
expire and be deemed repealed on May 15, 2011.
STATE OF NEW YORK
________________________________________________________________________
11443--B
IN ASSEMBLY
June 14, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney,
Fields) -- read once and referred to the Committee on Environmental
Conservation -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to suspend hydraulic fracturing; 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. 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 on May 15, 2011.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17696-07-0
