BILL NUMBER:S326

TITLE OF BILL:              REVISED 12/10/12
An   act   to   require   a  seismological  impact  study  related  to
hydrofracking

PURPOSE OR GENERAL IDEA OF THE BILL:
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.

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the legislative findings of the  bill
as described above.

Section  2  of  the  bill  requires  that pursuant to appropriation, a
school of geological sciences within the State University of New  York
("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.   A
              

seismological   impact   assessment   shall   mean  a  combination  of
procedures, method, 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.

Section 3 of the bill requires that 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 analysis required by this act, as well as any other
analyses conducted, and shall be subject to public review, comment and
revision.

Section 4 of the bill requires that 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 whole;
e) Recommendations for any mitigation of potential seismic impacts and
the methods and evidence used to arrive at such recommendations; and
f) A long-term plan for monitoring, evaluating, tracking and
mitigating potential seismic impacts.

Section 5 of the bill requires that a draft of the seismological
impact assessment be released for public review and comment. The
school of geological sciences conducting such assessment shall
conduct a minimum of two public hearings 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, the 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
parameters set out for the initial draft.

Section 6 of the bill requires that after responding to all public
comments as required by section 5 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 environmental 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.

Section 7 of the bill sets forth an immediate effective date.

JUSTIFICATION:

As the Governor and the Department of Environmental Conservation
("DEC") continue to deliberate on allowing the practice of horizontal
gas drilling and high-volume hydraulic fracturing in New York State,
it is imperative that a seismological impact assessment be completed
prior to any final decision.

Recent news reports have shown that there is increasing concern across
the United States that there may be serious seismic impacts from the
extraction of natural gas using horizontal drilling and high-volume
hydraulic fracturing. The state of Ohio has begun to investigate
seismic events in areas where horizontal drilling and high-volume
hydraulic fracturing has taken place. Scientists hired by the Ohio
Department of Natural Resources have recently determined with "95
percent certainty that the epicenters" of two earthquakes in late
2011 were within 0.8 kilometer of a hydrofracking waste water
injection well.
There have also been concerns raised in Texas and Arkansas where there
are extensive hydrofracking operations in areas that have seen a
measurable increase in earthquake activity.

Similar concerns regarding the seismic effects of hydrofracking have
resulted in government investigations in Europe as well. In the fall
of2011 the British Geological Survey concluded that two earthquakes
were likely caused by hydrofracking operations in the vicinity of the
affected areas.

As with the potential for serious health impacts, it is the state
government's fundamental responsibility to refrain from permitting
this industry until an analysis has been conducted on the seismic
impacts of hydrofracking.

LEGISLATIVE HISTORY:


2011-12:  S.6903

FISCAL IMPLICATIONS:

Yet to be determined.

EFFECTIVE DATE:

This act shall take effect immediately.