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AB4726 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4726
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2015
                                       ___________
 
        Introduced  by M. of A. COLTON, ROSENTHAL, PAULIN, MILLER, JAFFEE, SCAR-
          BOROUGH,  ABINANTI,  CRESPO,  DINOWITZ,  WEINSTEIN,  WEPRIN,  SCHIMEL,
          RAMOS,  ROBERTS, SKARTADOS, PEOPLES-STOKES -- Multi-Sponsored by -- M.
          of A. BRENNAN, CLARK, CYMBROWITZ, GLICK, NOLAN,  ROBINSON,  THIELE  --
          read once and referred to the Committee on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the use of hydraulic fracturing and  the  disposal  and/or
          processing of any fluid which was used in a hydraulic fracturing proc-
          ess
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of subdivision 1  of  section  23-0501  of  the
     2  environmental conservation law is amended by adding a new subparagraph 4
     3  to read as follows:
     4    (4) "Hydraulic fracturing" means fracturing of rock by man-made fluid-
     5  driven  fracturing techniques for the purpose of stimulating natural gas
     6  or oil well production.  Any fluid used in such a  fracturing  technique
     7  shall  be  deemed  a  "hydraulic  fracturing  fluid", including water or
     8  liquid propane gas.
     9    § 2. Section 23-0305 of the environmental conservation law is  amended
    10  by adding a new subdivision 15 to read as follows:
    11    15. The department shall not issue a permit for the drilling or opera-
    12  tion  of  any  well  proposing  to use hydraulic fracturing or hydraulic
    13  fracturing fluids, as such terms are defined  by  subparagraph  four  of
    14  paragraph  b  of subdivision one of section 23-0501 of this article, for
    15  the extraction of gas and/or oil.
    16    § 3. Subdivision 3 of section 23-0501 of the  environmental  conserva-
    17  tion law is renumbered subdivision 4 and a new subdivision 3 is added to
    18  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00454-01-5

        A. 4726                             2
 
     1    3.  The department shall not issue a permit for the drilling or opera-
     2  tion of any well proposing to  use  hydraulic  fracturing  or  hydraulic
     3  fracturing fluids for the extraction of gas and/or oil.
     4    §  4.  The  environmental  conservation law is amended by adding a new
     5  section 17-0513 to read as follows:
     6  § 17-0513. Prohibition on acceptance, disposal and/or processing of  any
     7               fluid used in a hydraulic fracturing process.
     8    1.  Notwithstanding  any  provision  of law, rule or regulation to the
     9  contrary, the acceptance, disposal and/or  processing  of  any  drilling
    10  fluids  or  drill  cuttings  in this state, when such drilling fluids or
    11  drill cuttings have been used in  a  hydraulic  fracturing  process,  is
    12  prohibited.
    13    2. For the purposes of this section:
    14    (a)  "Drilling  fluids"  shall  mean  drilling mud, chemical additives
    15  contained in or added to drilling fluids during the hydraulic fracturing
    16  drilling process, flow back water that returns to the surface after  the
    17  hydraulic  fracturing process, or any other residual liquids involved in
    18  drilling.
    19    (b) "Drill cuttings" shall mean solid products removed from  the  well
    20  bore during an oil or gas well drilling operation.
    21    (c)  "Hydraulic  fracturing" shall mean the fracturing of rock by man-
    22  made fluid-driven fracturing techniques for the purpose  of  stimulating
    23  natural gas or oil well production.
    24    § 5. This act shall take effect immediately.
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