STATE OF NEW YORK
________________________________________________________________________
1559
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. ORTIZ, D'URSO, WEPRIN, SIMON, WILLIAMS, NIOU,
DICKENS, LAVINE, COOK, GALEF, CRESPO, TAYLOR, GOTTFRIED, JAFFEE,
SEAWRIGHT, EPSTEIN, MOSLEY -- read once and referred to the Committee
on Environmental Conservation
AN ACT to establish a moratorium upon the acceptance, use, processing
and/or transport of any natural gas that has been produced by a
hydraulic fracturing process occurring outside of the state, pending
the issuance of an environmental impact assessment thereon by 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, use, proc-
3 essing and/or transport of any natural gas that has been produced by a
4 hydraulic fracturing process occurring outside of this state. The
5 purpose of such moratorium shall be to afford the state and its resi-
6 dents the opportunity to review an environmental impact assessment to be
7 issued by the department of environmental conservation on the effects of
8 acceptance, use, processing and/or transporting of gas that has been
9 produced by a hydraulic fracturing process on the environment.
10 (b) For the purpose of this section "hydraulic fracturing" shall mean
11 the fracturing of rock by man-made fluid-driven fracturing techniques
12 for the purpose of stimulating natural gas or oil well production.
13 § 2. 1. The department of environmental conservation shall conduct a
14 comprehensive environmental impact assessment, to examine potential
15 environmental impacts that could be caused by the acceptance, use, proc-
16 essing and/or transport of any natural gas that has been produced by a
17 hydraulic fracturing process occurring outside of this state. Such envi-
18 ronmental impact assessment shall include, at a minimum, the following
19 analyses:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05275-01-9
A. 1559 2
1 (a) identification and assessment of potential localized and statewide
2 environmental impacts from the acceptance, use, processing and/or trans-
3 port of any natural gas that has been produced by a hydraulic fracturing
4 process occurring outside of this state;
5 (b) identification and assessment of potential environmental impacts
6 determining the magnitude, nature, extent and likelihood of potential
7 environmental impacts utilizing multiple methods and information derived
8 from a combination of environmental tools including risk assessment,
9 literature, population analysis and expert opinions from multiple sourc-
10 es;
11 (c) identification and assessment of potential environmental impacts
12 as they relate to environmental justice concerns;
13 (d) estimated costs of any environmental impacts from the acceptance,
14 use, processing and/or transport of any natural gas that has been
15 produced by a hydraulic fracturing process occurring outside of this
16 state and related activities to state and local governments;
17 (e) recommendations for any mitigation of potential environmental
18 impacts and the methods and evidence used to arrive at such recommenda-
19 tions, which may include potential recommendations against any or all
20 acceptance, use, processing and/or transport of any natural gas that has
21 been produced by a hydraulic fracturing process occurring outside of
22 this state; and
23 (f) a long-term plan for monitoring, evaluation, follow-up and miti-
24 gation of potential environmental impacts of the acceptance, use, proc-
25 essing and/or transport of any natural gas that has been produced by a
26 hydraulic fracturing process occurring outside of this state.
27 2. Upon completion of the environmental impact assessment, such
28 assessment shall be submitted to the governor, the temporary president
29 of the senate and the speaker of the assembly.
30 § 3. This act shall take effect immediately, and shall expire and be
31 deemed repealed on the one hundred twentieth day after the department of
32 environmental conservation issues an assessment on the environmental
33 impact of the acceptance, use, processing and/or transport of any
34 natural gas that has been produced by a hydraulic fracturing process
35 occurring outside of this state on the environment. Provided, that the
36 commissioner of environmental conservation shall notify the legislative
37 bill drafting commission upon the issuance by the department of environ-
38 mental conservation of the assessment on the effects of the acceptance,
39 use, processing and/or transport of any natural gas that has been
40 produced by a hydraulic fracturing process occurring outside of this
41 state or the environment as referred to in section two of this act, and
42 the submission to the governor and the legislature of such assessment in
43 order that such commission may maintain an accurate and timely effective
44 data base of the official text of the laws of the state of New York in
45 furtherance of effectuating the provisions of section 44 of the legisla-
46 tive law and section 70-b of the public officers law.
