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
March 19, 2013
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- recommitted to the Committee on Environmental Conservation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to enact the "look before you leap act of 2014" relating to the
imposition of a 5 year moratorium on high volume hydraulic fracturing
for the purpose of conducting an investigation of the effect of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "look before you leap act of 2014."
S 2. Legislative findings. The legislature hereby finds that the
drilling method, known as high-volume hydraulic fracturing or hydro-
fracking, carries significant environmental risks that impact land, air
and water resources.
The legislature further finds that the natural gas industry has
exemptions or exclusions from key parts of at least seven of the major
federal environmental laws designed to protect air and water from radio-
active and hazardous chemicals including: the national Environmental
Policy Act; the Clean Air Act; the Clean Water Act; the Safe Drinking
Water Act; the Resource Conservation and Recovery Act; the Superfund
Act; and the Emergency Planning and Community Right to Know Act.
S 3. (a) There is hereby established a 5 year moratorium on the
conducting of high volume hydraulic fracturing in this state to provide
an opportunity for the state to learn from the hydrofracking experiences
of other states, which is necessitated by the exemptions, granted to the
natural gas industry, from major federal laws protecting our air, land
and water from radioactive and toxic wastes, and to make a comprehensive
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4276--A 2
and cumulative examination of the environmental impacts associated with
the recent rapid expansion of hydrofracking across the United States,
with particular emphasis on the natural gas boom that began in the
neighboring state of Pennsylvania 3 years ago, and information therefrom
shall be available to the public concerning these cumulative impacts to
our nation's air, land and water resources.
(b) The state university of New York university centers at Albany,
Binghamton, Buffalo and Stony Brook shall in cooperation with each other
conduct an investigation into the practice of high volume hydraulic
fracturing in conformance with subdivision (a) of this section. On or
before the fifth year following the effective date of this act, such
university centers shall jointly issue a report of their findings and
recommendations as a result of the investigations conducted pursuant to
this section. Such report shall be submitted to the governor, the
commissioner of environmental conservation and the legislature, and
shall be published and made available to the public.
S 4. This act shall take effect immediately.