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SB901 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        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 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.
    18    (iii)  "Hydraulic  fracturing"  shall  mean  the fracturing of rock by
    19  man-made fluid-driven fracturing techniques for the purpose of stimulat-
    20  ing natural gas or oil well production.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 901                              2
     1    (c) Notwithstanding any other provision of this  act,  the  moratorium
     2  established  by  subdivision  (a) of this section shall not be rescinded
     3  until the department of environmental conservation shall  have  provided
     4  the  governor  and  the  legislature  with proof that such department is
     5  capable of:
     6    (i) administering a program for the regulation of hydraulic fracturing
     7  drilling fluids, drill cuttings and soil disposal;
     8    (ii)  demonstrating the ability to identify all chemical components of
     9  drilling fluids;
    10    (iii) establishing monitoring and detection requirements for low-level
    11  radioactive materials in drill cuttings and soils from hydraulic  drill-
    12  ing operations;
    13    (iv) conducting inspections of any facilities that contract to receive
    14  hydraulic fracturing drilling fluids, drill cutting and soil;
    15    (v)  establishing appropriate monitoring requirements of any hydraulic
    16  fracturing drilling fluids, drill cuttings and soils to be  disposed  of
    17  in  this  state, for the presence of low-level radioactive material from
    18  the hydraulic fracturing drilling process; and
    19    (vi) enforcing all provisions of paragraphs (i) through  (v)  of  this
    20  subdivision.
    21    §  2.  This act shall take effect immediately, and shall expire and be
    22  deemed repealed on the one hundred twentieth day after the federal Envi-
    23  ronmental Protection Agency issues a report on the effects of  hydraulic
    24  fracturing  on water quality and public health, or the submission to the
    25  governor and the legislature of the proof required by subdivision (c) of
    26  section one of this act, whichever shall be later.   Provided, that  the
    27  commissioner  of environmental conservation shall notify the legislative
    28  bill drafting commission upon the issuance by the federal  Environmental
    29  Protection  Agency  of the report on the effects of hydraulic fracturing
    30  on water quality and public health referred to  in  subdivision  (a)  of
    31  section  one  of  this  act,  and the submission to the governor and the
    32  legislature of the proof required by subdivision (c) of section  one  of
    33  this  act  in  order  that  such commission may maintain an accurate and
    34  timely effective data base of the official text of the laws of the state
    35  of New York in furtherance of effectuating the provisions of section  44
    36  of the legislative law and section 70-b of the public officers law.
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