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SB681 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to require a seismological impact study related to hydrofracking
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  The purpose of this legislation is to inform the people of
     2  the  state  of  New  York of any and all potential seismological impacts
     3  posed by the extraction of natural gas  using  horizontal  drilling  and
     4  high-volume  hydraulic  fracturing  and  to provide an analysis of those
     5  impacts. Such analysis and information shall  help  facilitate  informed
     6  decisions  regarding actions to be taken with respect to such activities
     7  in the state.
     8    § 2. Pursuant to appropriation, a school of geological sciences within
     9  the state university of New York (hereinafter "the school of  geological
    10  sciences") shall conduct a comprehensive seismological impact assessment
    11  to  examine  potential  geophysical  impacts  that  may be caused by the
    12  extraction of natural gas  using  horizontal  drilling  and  high-volume
    13  hydraulic  fracturing.  For  the  purposes of this act, a "seismological
    14  impact assessment" shall mean a combination of procedures, methods,  and
    15  tools  by  which  a  policy, program, or project may be judged as to its
    16  potential effects on the seismic activity in the surrounding  area,  and
    17  the potential impact in New York state.
    18    §  3.  Prior  to  the  commencement  of such assessment, the school of
    19  geological sciences conducting such assessment shall prepare  a  scoping
    20  document  that will establish the parameters of the seismological impact
    21  assessment.  The scoping document shall include the analyses required by
    22  this act, as well as any other analyses conducted, and shall be  subject
    23  to public review, comment and revision.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 681                              2
     1    §  4.  Such  seismological assessment of the extraction of natural gas
     2  using horizontal drilling and  high-volume  hydraulic  fracturing  shall
     3  include, at a minimum, the following analyses:
     4    (a)  Identification  and  assessment  of  the  impact that high-volume
     5  hydraulic fracturing has on seismic activity in surrounding areas;
     6    (b) Estimated costs of any seismological impacts to  the  state  as  a
     7  whole;
     8    (c)  Recommendations  for  any mitigation of potential seismic impacts
     9  and the methods and evidence used to arrive at such recommendations; and
    10    (d) A long-term plan for monitoring, evaluating, tracking and mitigat-
    11  ing potential seismic impacts.
    12    § 5. A draft of such seismological impact assessment shall be released
    13  for public  review  and  comment.  The  school  of  geological  sciences
    14  conducting  such  assessment shall conduct a minimum of two public hear-
    15  ings regarding the findings of the draft seismological impact assessment
    16  and allow at least one hundred eighty days  for  the  public  to  submit
    17  comments.  Upon the closing of the public comment period, such school of
    18  geological sciences shall categorize, review and respond to  all  public
    19  comments.  If substantive changes to the seismological impact assessment
    20  are made as a result of  public  comments,  such  school  of  geological
    21  sciences shall issue a revised draft. Such revised draft shall similarly
    22  be  subject to public comment and review, in compliance with the parame-
    23  ters set out for the initial draft.
    24    § 6. After responding to all public comments as  required  by  section
    25  five  of  this  act,  and  upon  completion  of the seismological impact
    26  assessment,  such  school  of  geological  sciences  shall  submit   the
    27  completed  seismological impact assessment to the department of environ-
    28  mental conservation. The department of environmental conservation  shall
    29  make  such  seismological  impact assessment available to the public and
    30  deliver copies to the legislature and the governor for review.
    31    § 7. This act shall take effect immediately.
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