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AB2674 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2015
        Introduced  by  M.  of  A. ENGLEBRIGHT, TITONE, JAFFEE, ROBERTS, CAHILL,
          ROSENTHAL, WEPRIN, SCHIMEL, COLTON -- Multi-Sponsored by -- M.  of  A.
          BRENNAN,  GLICK,  GOTTFRIED,  THIELE  -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting high-volume hydraulic fracturing in reforestation areas
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 9-0101 of the  environmental  conservation  law  is
     2  amended by adding a new subdivision 6-a to read as follows:
     3    6-a.  "High-volume  hydraulic fracturing" means the fracturing by man-
     4  made fluid-driven fracturing techniques that utilize over  eighty  thou-
     5  sand  gallons of fracturing fluid for the purpose of stimulating natural
     6  gas or oil well production.
     7    § 2. Section 9-0507 of the environmental conservation law  is  amended
     8  to read as follows:
     9  § 9-0507. Leasing of oil and gas rights on reforestation areas.
    10    Notwithstanding  any  provisions of [Article VII] article seven of the
    11  [Public Lands Law] public lands law to  the  contrary,  the  department,
    12  with  the approval of the state geologist, may, in any lands acquired by
    13  the state in accordance with section 9-0501 of this  title,  enter  into
    14  leases  for the purpose of aiding in discovering and removing any oil or
    15  gas upon such lands or storage of gas or oil thereon, under  such  terms
    16  as  may  be  prescribed by the department, and upon such conditions that
    17  the exercise of such leasehold rights shall not interfere with the oper-
    18  ation of such reforestation areas for the purposes for which  they  were
    19  acquired  and  as  defined in [Section 3] section three of article [XIV]
    20  fourteen of the [Constitution] state constitution, except  by  means  of
    21  high-volume hydraulic fracturing. Any lease made and entered into pursu-
    22  ant to this section shall be recorded in the [Office] office of [General
    23  Services] general services.
    24    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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