S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sens. AVELLA, ADDABBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
AN ACT to require a seismological impact study related to hydrofracking
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The purpose of this legislation is to inform the people of
the state of New York of any and all potential seismological impacts
posed by the extraction of natural gas using horizontal drilling and
high-volume hydraulic fracturing and to provide an analysis of those
impacts. Such analysis and information shall help facilitate informed
decisions regarding actions to be taken with respect to such activities
in the state.
S 2. Pursuant to appropriation, a school of geological sciences within
the state university of New York (hereinafter "the school of geological
sciences") shall conduct a comprehensive seismological impact assessment
to examine potential geophysical impacts that may be caused by the
extraction of natural gas using horizontal drilling and high-volume
hydraulic fracturing. For the purposes of this act, a "seismological
impact assessment" shall mean a combination of procedures, methods, and
tools by which a policy, program, or project may be judged as to its
potential effects on the seismic activity in the surrounding area, and
the potential impact in New York state.
S 3. Prior to the commencement of such assessment, the school of
geological sciences conducting such assessment shall prepare a scoping
document that will establish the parameters of the seismological impact
assessment. The scoping document shall include the analyses required by
this act, as well as any other analyses conducted, and shall be subject
to public review, comment and revision.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 326 2
S 4. Such seismological assessment of the extraction of natural gas
using horizontal drilling and high-volume hydraulic fracturing shall
include, at a minimum, the following analyses:
(a) Identification and assessment of the impact that high-volume
hydraulic fracturing has on seismic activity in surrounding areas;
(b) Estimated costs of any seismological impacts to the state as a
(c) Recommendations for any mitigation of potential seismic impacts
and the methods and evidence used to arrive at such recommendations; and
(d) A long-term plan for monitoring, evaluating, tracking and mitigat-
ing potential seismic impacts.
S 5. A draft of such seismological impact assessment shall be released
for public review and comment. The school of geological sciences
conducting such assessment shall conduct a minimum of two public hear-
ings regarding the findings of the draft seismological impact assessment
and allow at least one hundred eighty days for the public to submit
comments. Upon the closing of the public comment period, such school of
geological sciences shall categorize, review and respond to all public
comments. If substantive changes to the seismological impact assessment
are made as a result of public comments, such school of geological
sciences shall issue a revised draft. Such revised draft shall similarly
be subject to public comment and review, in compliance with the parame-
ters set out for the initial draft.
S 6. After responding to all public comments as required by section
five of this act, and upon completion of the seismological impact
assessment, such school of geological sciences shall submit the
completed seismological impact assessment to the department of environ-
mental conservation. The department of environmental conservation shall
make such seismological impact assessment available to the public and
deliver copies to the legislature and the governor for review.
S 7. This act shall take effect immediately.