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SB3093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3093
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 2, 2015
                                       ___________
 
        Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation to envi-
          ronmental protection related to the drilling of oil and gas wells, and
          providing for the repeal of certain 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. Subdivision 3  of  section  23-0501  of  the  environmental
     2  conservation  law is renumbered subdivision 5 and two new subdivisions 3
     3  and 4 are added to read as follows:
     4    3. Commencing with the effective date of this subdivision, there shall
     5  be a moratorium on the issuance of  permits  for  the  drilling  of  new
     6  wells.
     7    4.  (a) No permit to drill an oil or gas well using hydraulic fractur-
     8  ing shall be issued for the drilling of any oil or gas well  within  ten
     9  miles of:
    10    (i) the New York city water supply infrastructure;
    11    (ii) the New York city watershed; or
    12    (iii)  the  area  around  and  including  any  water  system  that has
    13  received, at any point in time,  a  filtration  avoidance  determination
    14  from the United States Environmental Protection Agency;
    15    (b)  No  permit to drill an oil or gas well using hydraulic fracturing
    16  shall be issued for the drilling of any oil or gas well within an appro-
    17  priate distance, to be  determined  by  rules  and  regulations  of  the
    18  department, of:
    19    (i) any area overlying a sole source aquifer;
    20    (ii)  any other area identified by the department as necessary for the
    21  protection of drinking water resources;
    22    (iii) any area identified as a critical habitat for  a  threatened  or
    23  endangered  species under section four of the federal Endangered Species
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01803-01-5

        S. 3093                             2
 
     1  Act (42 U.S.C. § 1533) or any area identified  as  a  "natural  heritage
     2  area" under section 11-0539 of this chapter;
     3    (iv) any area identified by the department as a bird conservation area
     4  or  any  other  critical bird habitat for the protection of migratory or
     5  non-migratory birds;
     6    (v) any floodplains; or
     7    (vi) all areas within any New York state park, forest preserve,  state
     8  forest, wildlife refuge, wildlife management area, or wilderness area.
     9    (c)  The  department shall, upon application by any chief executive or
    10  legislative body of a municipality, in a manner and form  to  be  deter-
    11  mined  by  the  department,  study the need for a ban on such permits in
    12  such municipality and report the findings of such study to such  munici-
    13  pality.  As  the  department  deems appropriate, it may perform a single
    14  study and report for more than one municipality.
    15    (d) For purposes of this subdivision:
    16    (i) "New York city water supply infrastructure" shall mean facilities,
    17  equipment, sites, buildings, pipes, pumps, tanks and  any  other  struc-
    18  tures  used for the supply, control, treatment, distribution, and trans-
    19  port of drinking water for the city of New York;
    20    (ii) "New York city watershed" shall mean  the  entire  drainage  area
    21  contributing water to the city of New York water supply; and
    22    (iii) "hydraulic fracturing" shall mean fracturing of rock by man-made
    23  fracturing  techniques for the purpose of stimulating natural gas or oil
    24  well production.
    25    § 2. This  act  shall  take  effect  immediately;  provided  that  the
    26  provisions  of  subdivision  3  of  section 23-0501 of the environmental
    27  conservation law, as added by section one of this act, shall expire  and
    28  be deemed repealed two years after such date; and provided further, that
    29  the  provisions of subdivision 4 of section 23-0501 of the environmental
    30  conservation law, as added by section one of this act,  shall  apply  to
    31  any  application  not  yet  approved  by the department of environmental
    32  conservation on such effective date.
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