senate Bill S1477

Relates to the regulation of the use of hydraulic fracturing fluids

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to the regulation of the use of hydraulic fracturing fluids.

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Bill Details

Versions:
S1477
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-0305, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S425
2009-2010: S8321

Sponsor Memo

BILL NUMBER:S1477

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the use of
hydraulic fracturing fluids

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide greater regulation of the use of hydraulic fracturing fluids
used for oil and gas drilling.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require the Department
of Environmental Conservation to develop the following rules and
regulations:

*requiring the disclosure of hydraulic fracturing fluids; and,

*prohibiting the use of hydraulic fracturing fluids containing
chemicals that pose a risk to human health including, but not limited
to, fluids that are persistent, bioaccumulative and toxic (as defined
by the EPA) or are known mutagen.

*prohibit the issuance of drilling permits for wells proposing to use
hydraulic fracturing fluids until the DEC has adopted rules and
regulations.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends section
23-0305 (8) (d) of the Environmental Conservation Law.

JUSTIFICATION:
New York is home to rich natural gas reserves. In 2006,
there were 6,213 active natural, gas wells that generated a state
record of 55.3 billion cubic feet of natural gas. The Marcellus
formation that extends from the Southern Tier into Ohio, Pennsylvania
and West Virginia is estimated to have $1 trillion worth of natural
gas, and is largely.
untapped. The rising price of natural gas has led to an increased
demand for new sources and made formation like the Marcellus even
more attractive.

The extraction of these reserves is accompanied by considerable risk
to the environment. In order to fully examine this risk, the Assembly
Environmental Conservation committee has held a series of hearings to
examine the environmental protections needed in the Department of
Environmental Conservation's (DEC) natural gas and oil drilling
regulatory structure in order to safeguard natural resources. In the
course of these hearings, much expert testimony was presented on
necessary steps to ensure the safety of New York's precious water
resources.

The use of hydraulic fracturing fluids represents one of the most
significant potential threats to New York's environment, including
water and soil resources. In fight of the potential for such


environmental and
human exposure, it makes sense to ensure that the safest chemicals are
used in such fluids and the contents are fully disclosed.

PRIOR LEGISLATIVE HISTORY:
2010: S.8321/A.10091A
2011-2012: S.425/A.2922

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect 90 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1477

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. KRUEGER, AVELLA, DILAN, ESPAILLAT, HOYLMAN, MONTGOM-
  ERY,  PERKINS,  RIVERA,  SERRANO,  STEWART-COUSINS  --  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:

  Section  1.  The opening paragraph and paragraph d of subdivision 8 of
section 23-0305 of the environmental conservation  law,  as  amended  by
chapter 846 of the laws of 1981, are amended to read as follows:
  With  respect  to oil pools or fields and natural gas pools or fields,
the department shall [have power to]:
  d. (I) Require the drilling, casing, operation, plugging  and  replug-
ging  of  wells  and  reclamation of surrounding land in accordance with
rules and regulations of the department in such manner as to prevent  or
remedy  the  following, including but not limited to: the escape of oil,
gas, brine or water out of one stratum into another;  the  intrusion  of
water  into  oil or gas strata other than during enhanced recovery oper-
ations; the pollution of fresh water supplies by oil, gas,  salt  water,
HYDRAULIC   FRACTURING  FLUIDS  or  other  contaminants;  and  blowouts,
cavings, seepages and fires.  SUCH RULES AND REGULATIONS  SHALL  REQUIRE
THE  DISCLOSURE  OF  ALL HYDRAULIC FRACTURING FLUID COMPONENTS AND SHALL
PROHIBIT THE USE OF HYDRAULIC FRACTURING FLUIDS THAT CONTAIN A  CHEMICAL
SUBSTANCE  THAT  POSES A RISK TO HUMAN HEALTH, INCLUDING BUT NOT LIMITED
TO, HYDRAULIC FRACTURING FLUIDS THAT CONTAIN A CHEMICAL  SUBSTANCE  THAT
HAS BEEN IDENTIFIED PURSUANT TO THE FEDERAL TOXIC SUBSTANCES CONTROL ACT
AS PERSISTENT, BIOACCUMULATIVE AND TOXIC OR IS A KNOWN MUTAGEN.
  (II)  NO  PERMIT  SHALL BE ISSUED FOR THE DRILLING OR OPERATION OF ANY
WELL PROPOSING TO USE HYDRAULIC FRACTURING FLUIDS UNTIL  THE  DEPARTMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01305-01-3

S. 1477                             2

HAS ADOPTED RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS OF THIS
CHAPTER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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