A00300 Summary:

BILL NOA00300A
 
SAME ASSAME AS S06097
 
SPONSORMaisel (MS)
 
COSPNSREnglebright, Jaffee, Colton, Robinson, Gibson, Magnarelli, Rivera P, Weprin, Roberts, Dinowitz, Rosenthal, Latimer, Schimel, Abinanti, Weisenberg, Kavanagh, Titone
 
MLTSPNSRBoyland, Castelli, Cook, Glick, Miller J, Perry, Thiele
 
 
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.
Go to top    

A00300 Actions:

BILL NOA00300A
 
01/05/2011referred to environmental conservation
04/06/2011amend (t) and recommit to environmental conservation
04/06/2011print number 300a
01/04/2012referred to environmental conservation
Go to top

A00300 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A300A
 
SPONSOR: Maisel (MS)
  TITLE OF BILL: 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 justifications from the department of environmental conserva- tion; and providing for the repeal of such provisions upon the expira- tion thereof   PURPOSE OF THE BILL: To establish a moratorium on the disposal and/or processing of any fluid which is used in a hydraulic fracturing process for natural gas production outside of the state, pending the issuance of a report by the EPA.   SUMMARY OF PROVISIONS: The bill would place a moratorium on the impor- tation of any hydraulic fracturing fluids until 120 days after the issu- ance of the EPA 2-year comprehensive study of potential adverse impacts of hydraulic fracturing and fracturing fluids on water quality and public health.   JUSTIFICATION: EPA announced on March 18, 2010 that it would be conducting a comprehensive 2-year research study to investigate the potential adverse impacts that hydraulic fracturing and fracturing fluids may have on water quality and public health. The fracturing fluids are composed of dozens of chemicals that act as surfactants for the sand that forms a large part of these fluids. Drilling operations in other states are sending their waste cutting fluids into New York for disposal:without any testing or analysis of these fluids. Until the impacts of use and disposal of these fluids are properly evaluated, it is inappropriate to dispose of them in New York.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act would take effect immediately and expire 120 days after the issuance of the EPA report.
Go to top

A00300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         300--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of A. MAISEL, ENGLEBRIGHT, JAFFEE, COLTON, ROBINSON,
          GIBSON, MAGNARELLI, P. RIVERA, WEPRIN, ROBERTS --  Multi-Sponsored  by
          -- M. of A.  GLICK, PHEFFER -- read once and referred to the Committee
          on  Environmental  Conservation -- committee discharged, bill amended,

          ordered reprinted as amended and recommitted to said committee
 
        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.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00768-02-1

        A. 300--A                           2
 
     1    (iii)  "Hydraulic  fracturing"  shall  mean  the fracturing of rock by
     2  man-made fluid-driven fracturing techniques for the purpose of stimulat-
     3  ing natural gas or oil well production.
     4    (c)  Notwithstanding  any  other provision of this act, the moratorium
     5  established by subdivision (a) of this section shall  not  be  rescinded
     6  until  the  department of environmental conservation shall have provided
     7  the governor and the legislature with  proof  that  such  department  is
     8  capable of:
     9    (i) administering a program for the regulation of hydraulic fracturing

    10  drilling fluids, drill cuttings and soil disposal;
    11    (ii)  demonstrating the ability to identify all chemical components of
    12  drilling fluids;
    13    (iii) establishing monitoring and detection requirements for low-level
    14  radioactive materials in drill cuttings and soils from hydraulic  drill-
    15  ing operations;
    16    (iv) conducting inspections of any facilities that contract to receive
    17  hydraulic fracturing drilling fluids, drill cutting and soil;
    18    (v)  establishing appropriate monitoring requirements of any hydraulic
    19  fracturing drilling fluids, drill cuttings and soils to be  disposed  of
    20  in  this  state, for the presence of low-level radioactive material from
    21  the hydraulic fracturing drilling process; and
    22    (vi) enforcing all provisions of paragraphs (i) through  (v)  of  this
    23  subdivision.
    24    §  2.  This act shall take effect immediately, and shall expire and be

    25  deemed repealed on the one hundred twentieth day after the federal Envi-
    26  ronmental Protection Agency issues a report on the effects of  hydraulic
    27  fracturing  on water quality and public health, or the submission to the
    28  governor and the legislature of the proof required by subdivision (c) of
    29  section one of this act, whichever shall be later.   Provided, that  the
    30  commissioner  of environmental conservation shall notify the legislative
    31  bill drafting commission upon the issuance by the federal  Environmental
    32  Protection  Agency  of the report on the effects of hydraulic fracturing
    33  on water quality and public health referred to  in  subdivision  (a)  of
    34  section  one  of  this  act,  and the submission to the governor and the
    35  legislature of the proof required by subdivision (c) of section  one  of
    36  this  act  in  order  that  such commission may maintain an accurate and

    37  timely effective data base of the official text of the laws of the state
    38  of New York in furtherance of effectuating the provisions of section  44
    39  of the legislative law and section 70-b of the public officers law.
Go to top