senate Bill S4236A

Amended

Suspends the issuance of permits for drilling wells for natural gas extraction in certain areas

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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

  • 15 / Mar / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 25 / Mar / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 25 / Mar / 2013
    • PRINT NUMBER 4236A
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 10 / Jun / 2014
    • PRINT NUMBER 4236B

Summary

Suspends the issuance of permits for drilling wells for natural gas extraction in certain areas.

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Bill Details

Versions:
S4236
S4236A
S4236B
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation

Sponsor Memo

BILL NUMBER:S4236A

TITLE OF BILL: An act suspending the issuance of permits for the
drilling of wells for natural gas extraction in certain areas; and
providing for the repeal of such provision upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to impose a moratorium on the issuance of
certain natural gas drilling permits and to require the completion of
a comprehensive health impact assessment.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would suspend, until May 15, 2015, the issuance of permits
for natural gas extraction in low permeability natural gas reservoirs
such as the Marcellus and Utica shale formations and would require a
school of public health to conduct a comprehensive health impact
assessment complete with public comment and review.

JUSTIFICATION:

The potential development of natural gas drilling in low permeability
natural gas reservoirs such as the Marcellus and Utica Shale
formations has led to robust debate regarding the safety of the
process and the protection of the environment.

Delaying the Department of Environmental Conservation's (DEC) ability
to issue permits will provide the Legislature with additional time to
assess the true public health and environmental impacts of hydraulic
fracturing and will provide the opportunity for the completion of a
comprehensive health impact assessment. This bill will also help
ensure the Legislature has adequate time to review DEC's Supplemental
Generic Environmental Impact Statement (SGEIS) once it is produced.
Such a moratorium will allow for a thorough, deliberate and unrushed
analysis of all of the factors involved.

PRIOR LEGISLATIVE HISTORY:

This is a new bill, but similar legislation, A.11443-B -Rules
(Sweeney), was vetoed in 2010.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed repealed on
May 15, 2015.

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

                                 4236--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT suspending the issuance of permits for the drilling of wells for
  natural gas extraction in certain areas; and providing for the  repeal
  of such provision upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. There is hereby established a suspension of the issuance of
permits for the drilling of a well for natural  gas  extraction  in  low
permeability  natural  gas  pools  such as the Marcellus and Utica shale
formations.
  S 2. 1. A school of public health within the state university  of  New
York  shall conduct a comprehensive health impact assessment following a
model recommended by the centers for disease control and  prevention  to
examine  potential  public  health  impacts  that could be caused by the
extraction of natural gas  using  horizontal  drilling  and  high-volume
hydraulic  fracturing.  For  the  purposes  of  this  act, health 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  health  of a population, and the distribution of those
effects within the population.
  2. Prior to the commencement of such assessment, the school of  public
health  conducting such assessment shall prepare a scoping document that
will establish the parameters of the health impact assessment. The scop-
ing document shall include the analyses contained in this act,  as  well
as any other potential analyses to be 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.
                                                           LBD09142-03-3

S. 4236--A                          2

  3.  Such  health  impact  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 magnitude, nature and extent
of potential localized and statewide health impacts  utilizing  multiple
methods  and  information  derived  from  a combination of public health
tools including risk assessment, scientific literature,  and  population
analysis;
  (b)   Identification   and  assessment  of  disparate  community-level
impacts;
  (c) Estimated costs of any health impacts to the state, local  govern-
ments,  health  insurers,  employers  and the state's public and private
health care systems as a whole;
  (d) Recommendations for any mitigation of potential health impacts and
the methods and evidence used to arrive at such recommendations; and
  (e) A long-term plan for monitoring, evaluating, tracking and mitigat-
ing potential health impacts.
  4. A draft of such health impact  assessment  shall  be  released  for
public  review  and comment. The school of public health conducting such
assessment shall conduct a minimum of two public hearings regarding  the
findings  of  the  draft health impact assessment and allow at least one
hundred twenty days for the public to submit comments.  Upon the closing
of the public comment period, such school of public health  shall  cate-
gorize, review and respond to all public comments. If substantive chang-
es  to  the  health  impact  assessment  are  made as a result of public
comments, such school of public health 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.
  5.  After responding to all public comments as required by subdivision
four of this section, and upon completion of the health  impact  assess-
ment,  such  school  of  public health shall submit the completed health
impact assessment to the  New  York  state  department  of  health.  The
department  of health shall make such health impact assessment available
to the public and deliver copies to the legislature and the governor for
review.
  6. The health impact assessment required under subdivision one of this
section shall be completed within ninety days  after  the  final  public
comment period, but in no event shall such assessment be completed later
than April 15, 2015.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed May 15, 2015.

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