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SB3861 Text:

                STATE OF NEW YORK
                               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.
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