Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in and drill cuttings from a hydraulic fracturing process performed outside of the state until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health, and submission of proof to the governor and legislature that the department of environmental conservation is capable of effectively regulating hydraulic fracturing drilling fluids, drill cutting and soil disposal.
STATE OF NEW YORK
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1770
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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Introduced by M. of A. MAISEL -- read once and referred to the Committee
on Environmental Conservation
AN ACT to establish a moratorium upon the disposal and/or processing of
any fluid which was used in and cuttings from a hydraulic fracturing
process outside of the state pending the issuance of a report thereon
by the federal Environmental Protection Agency and certain justifica-
tions from the department of environmental conservation; and providing
for the repeal of such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) Notwithstanding any provision of law to the contrary,
2 there is hereby established a moratorium upon the acceptance, disposal
3 and/or processing of any drilling fluid or drill cuttings in this state,
4 when such drilling fluid or drill cuttings has been used in a hydraulic
5 fracturing process occurring outside of this state. The purpose of such
6 moratorium shall be to afford the state and its residents the opportu-
7 nity to review a report to be issued by the federal Environmental
8 Protection Agency on the effects of hydraulic fracturing on public
9 health.
10 (b) For the purposes of this section, the following terms shall mean:
11 (i) "Drill cuttings" shall mean solid products removed from the well
12 bore during an oil or gas well drilling operation.
13 (ii) "Drilling fluids" shall mean drilling mud, chemical additives
14 contained in or added to drilling fluids during the hydraulic fracturing
15 drilling process, flow back water that returns to the surface after the
16 hydraulic fracturing process, or any other residual liquids involved in
17 drilling.
18 (iii) "Hydraulic fracturing" shall mean the fracturing of rock by
19 man-made fluid-driven fracturing techniques for the purpose of stimulat-
20 ing natural gas or oil well production.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03380-01-3
A. 1770 2
1 (c) Notwithstanding any other provision of this act, the moratorium
2 established by subdivision (a) of this section shall not be rescinded
3 until the department of environmental conservation shall have provided
4 the governor and the legislature with proof that such department is
5 capable of:
6 (i) administering a program for the regulation of hydraulic fracturing
7 drilling fluids, drill cuttings and soil disposal;
8 (ii) demonstrating the ability to identify all chemical components of
9 drilling fluids;
10 (iii) establishing monitoring and detection requirements for low-level
11 radioactive materials in drill cuttings and soils from hydraulic drill-
12 ing operations;
13 (iv) conducting inspections of any facilities that contract to receive
14 hydraulic fracturing drilling fluids, drill cutting and soil;
15 (v) establishing appropriate monitoring requirements of any hydraulic
16 fracturing drilling fluids, drill cuttings and soils to be disposed of
17 in this state, for the presence of low-level radioactive material from
18 the hydraulic fracturing drilling process; and
19 (vi) enforcing all provisions of paragraphs (i) through (v) of this
20 subdivision.
21 § 2. This act shall take effect immediately, and shall expire and be
22 deemed repealed on the one hundred twentieth day after the federal Envi-
23 ronmental Protection Agency issues a report on the effects of hydraulic
24 fracturing on water quality and public health, or the submission to the
25 governor and the legislature of the proof required by subdivision (c) of
26 section one of this act, whichever shall be later. Provided, that the
27 commissioner of environmental conservation shall notify the legislative
28 bill drafting commission upon the issuance by the federal Environmental
29 Protection Agency of the report on the effects of hydraulic fracturing
30 on water quality and public health referred to in subdivision (a) of
31 section one of this act, and the submission to the governor and the
32 legislature of the proof required by subdivision (c) of section one of
33 this act in order that such commission may maintain an accurate and
34 timely effective data base of the official text of the laws of the state
35 of New York in furtherance of effectuating the provisions of section 44
36 of the legislative law and section 70-b of the public officers law.
