Prohibits the use of hydraulic fracturing in the extraction of oil and gas; prohibits acceptance, disposal and/or processing of any fluid used in a hydraulic fracturing process.
STATE OF NEW YORK
________________________________________________________________________
4220--B
2011-2012 Regular Sessions
IN SENATE
March 23, 2011
___________
Introduced by Sens. AVELLA, ADAMS, ADDABBO, CARLUCCI, DILAN, DUANE,
ESPAILLAT, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, MONTGOMERY,
OPPENHEIMER, PERKINS, RIVERA, SAMPSON, SAVINO, SERRANO, SQUADRON,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Environmental Conservation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Environmental
Conservation in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10073-08-2
S. 4220--B 2
1 § 3. Subdivision 3 of section 23-0501 of the environmental conserva-
2 tion law is renumbered subdivision 4 and a new subdivision 3 is added to
3 read as follows:
4 3. The department shall not issue a permit for the drilling or opera-
5 tion of any well proposing to use hydraulic fracturing or hydraulic
6 fracturing fluids for the extraction of gas and/or oil.
7 § 4. The environmental conservation law is amended by adding a new
8 section 17-0513 to read as follows:
9 § 17-0513. Prohibition on acceptance, disposal and/or processing of any
10 fluid used in a hydraulic fracturing process.
11 1. Notwithstanding any provision of law, rule or regulation to the
12 contrary, the acceptance, disposal and/or processing of any drilling
13 fluids or drill cuttings in this state, when such drilling fluids or
14 drill cuttings have been used in a hydraulic fracturing process, is
15 prohibited.
16 2. For the purposes of this section:
17 (a) "Drilling fluids" shall mean drilling mud, chemical additives
18 contained in or added to drilling fluids during the hydraulic fracturing
19 drilling process, flow back water that returns to the surface after the
20 hydraulic fracturing process, or any other residual liquids involved in
21 drilling.
22 (b) "Drill cuttings" shall mean solid products removed from the well
23 bore during an oil or gas well drilling operation.
24 (c) "Hydraulic fracturing" shall mean the fracturing of rock by man-
25 made fluid-driven fracturing techniques for the purpose of stimulating
26 natural gas or oil well production.
27 § 5. This act shall take effect immediately.
