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AB6733 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6733
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 1, 2015
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, ROBERTS, DINOWITZ, MILLER, PAULIN,
          JAFFEE, COLTON, TITONE, CAHILL, MARKEY, KAVANAGH, LIFTON,  SCHIMEL  --
          Multi-Sponsored  by  -- M.  of A. ABINANTI, BRENNAN, GLICK, GOTTFRIED,
          PERRY, ROSENTHAL, THIELE -- read once and referred to the Committee on
          Environmental Conservation
 
        AN ACT to enact the "look before you leap act of 2015" relating  to  the
          imposition  of a 5 year moratorium on high volume hydraulic fracturing
          for the purpose of  conducting  an  investigation  of  the  effect  of
          hydraulic fracturing
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "look before you leap act of 2015."
     3    §  2.  Legislative  findings.  The  legislature  hereby finds that the
     4  drilling method, known as high-volume  hydraulic  fracturing  or  hydro-
     5  fracking,  carries significant environmental risks that impact land, air
     6  and water resources.
     7    The legislature further  finds  that  the  natural  gas  industry  has
     8  exemptions  or  exclusions from key parts of at least seven of the major
     9  federal environmental laws designed to protect air and water from radio-
    10  active and hazardous chemicals  including:  the  national  Environmental
    11  Policy  Act;  the  Clean Air Act; the Clean Water Act; the Safe Drinking
    12  Water Act; the Resource Conservation and  Recovery  Act;  the  Superfund
    13  Act; and the Emergency Planning and Community Right to Know Act.
    14    §  3.  (a)  There  is  hereby  established  a 5 year moratorium on the
    15  conducting of high volume hydraulic fracturing in this state to  provide
    16  an opportunity for the state to learn from the hydrofracking experiences
    17  of other states, which is necessitated by the exemptions, granted to the
    18  natural  gas  industry, from major federal laws protecting our air, land
    19  and water from radioactive and toxic wastes, and to make a comprehensive
    20  and cumulative examination of the environmental impacts associated  with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03154-01-5

        A. 6733                             2
 
     1  the  recent  rapid  expansion of hydrofracking across the United States,
     2  with particular emphasis on the natural  gas  boom  that  began  in  the
     3  neighboring state of Pennsylvania 3 years ago, and information therefrom
     4  shall  be available to the public concerning these cumulative impacts to
     5  our nation's air, land and water resources.
     6    (b) The state university of New York  university  centers  at  Albany,
     7  Binghamton, Buffalo and Stony Brook shall in cooperation with each other
     8  conduct  an  investigation  into  the  practice of high volume hydraulic
     9  fracturing in conformance with subdivision (a) of this  section.  On  or
    10  before  the  fifth  year  following the effective date of this act, such
    11  university centers shall jointly issue a report of  their  findings  and
    12  recommendations  as a result of the investigations conducted pursuant to
    13  this section. Such report  shall  be  submitted  to  the  governor,  the
    14  commissioner  of  environmental  conservation  and  the legislature, and
    15  shall be published and made available to the public.
    16    § 4. This act shall take effect immediately.
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