STATE OF NEW YORK
________________________________________________________________________
3861
2015-2016 Regular Sessions
IN SENATE
February 20, 2015
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
use of hydraulic fracturing fluids
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and paragraph d of subdivision 8 of
2 section 23-0305 of the environmental conservation law, as amended by
3 chapter 846 of the laws of 1981, are amended to read as follows:
4 With respect to oil pools or fields and natural gas pools or fields,
5 the department shall [have power to]:
6 d. (i) Require the drilling, casing, operation, plugging and replug-
7 ging of wells and reclamation of surrounding land in accordance with
8 rules and regulations of the department in such manner as to prevent or
9 remedy the following, including but not limited to: the escape of oil,
10 gas, brine or water out of one stratum into another; the intrusion of
11 water into oil or gas strata other than during enhanced recovery oper-
12 ations; the pollution of fresh water supplies by oil, gas, salt water,
13 hydraulic fracturing fluids or other contaminants; and blowouts,
14 cavings, seepages and fires. Such rules and regulations shall require
15 the disclosure of all hydraulic fracturing fluid components and shall
16 prohibit the use of hydraulic fracturing fluids that contain a chemical
17 substance that poses a risk to human health, including but not limited
18 to, hydraulic fracturing fluids that contain a chemical substance that
19 has been identified pursuant to the federal Toxic Substances Control Act
20 as persistent, bioaccumulative and toxic or is a known mutagen.
21 (ii) No permit shall be issued for the drilling or operation of any
22 well proposing to use hydraulic fracturing fluids until the department
23 has adopted rules and regulations consistent with the provisions of this
24 chapter.
25 § 2. This act shall take effect on the ninetieth day after it shall
26 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05549-01-5
