senate Bill S4841

Prohibits fracturing and horizontal drilling for natural gas or oil on land operated by the office of parks, recreation and historic preservation

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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

  • 26 / Apr / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Summary

Prohibits fracturing and horizontal drilling for natural gas or oil on land operated by the office of parks, recreation and historic preservation and within 1 mile thereof.

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Bill Details

See Assembly Version of this Bill:
A5833
Versions:
S4841
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §13.33, Pks & Rec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A5677, A5677
2009-2010: A10641, A10641

Sponsor Memo

BILL NUMBER:S4841

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to prohibiting fracturing and horizontal
drilling to extract oil or natural gas from state park, recreation and
historic lands

PURPOSE OF THE BILL: The purpose of the bill is to protect lands under
the jurisdiction of OPRHP from environmental damage by prohibiting
hydraulic fracturing and horizontal drilling operations on or under
such lands.

SUMMARY OF PROVISIONS: The bill adds new Section 13.33 of the Parks,
Recreation and Historic Preservation Law, to prohibit hydraulic
fracturing for the purpose of extracting natural gas, on or under all
lands which OPRHP has jurisdiction over, and within one mile of such
lands. Furthermore, the bill prohibits horizontal drilling under all
real property under the jurisdiction of OPRHP where the state owns the
mineral right on or under such lands.

JUSTIFICATION: Recent industrial interest in hydraulic fracturing and
horizontal drilling techniques for the purpose of extracting natural
gas has created great concern over the impact of such activities on
State parks lands, historic sites and other lands under the
jurisdiction of OPRHP. The disruption of lands by drilling; the use,
handling and disposal of drilling fluids the impacts of hydraulic
fracturing on surface and subsurface resources; and other
considerations are cause for great concern. To eliminate this
potential harm to the State's valuable park resources, this bill would
prevent the use of damaging drilling techniques on or under such
lands. Vertical drilling would still be allowed in areas where the
mineral rights are owned by a party other than the State.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act would take effect immediately.

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

                                  4841

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to prohibiting fracturing and horizontal drilling to extract
  oil or natural gas from state park, recreation and historic lands

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

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new section 13.33 to read as follows:
  S 13.33 FRACTURING AND HORIZONTAL DRILLING PROHIBITED. 1.   FRACTURING
OF ANY TYPE, INCLUDING HYDRAULIC FRACTURING OR EXPLOSIVE FRACTURING, FOR
THE EXTRACTION OF NATURAL GAS OR OIL SHALL BE PROHIBITED ON AND/OR UNDER
ALL  REAL  PROPERTY  OVER WHICH THE OFFICE EXERCISES JURISDICTION AND ON
AND/OR UNDER ALL REAL PROPERTY WITHIN ONE MILE OF LAND  OVER  WHICH  THE
OFFICE EXERCISES JURISDICTION.
  2.  HORIZONTAL  DRILLING  SHALL  BE PROHIBITED UNDER ALL REAL PROPERTY
OVER WHICH THE OFFICE EXERCISES JURISDICTION WHERE THE  STATE  OWNS  THE
MINERAL RIGHTS ON OR UNDER SUCH LANDS.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A)  "HORIZONTAL  DRILLING"  SHALL  MEAN A TECHNIQUE WHEREBY A CENTRAL
VERTICAL WELLBORE IS TURNED UP TO NINETY DEGREES AND GENERALLY  HORIZON-
TALLY DRILLS FOR THE PURPOSE OF NATURAL GAS OR OIL EXTRACTION.
  (B)  "HYDRAULIC  FRACTURING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE
FLUID-DRIVEN  FRACTURING  TECHNIQUES  FOR  THE  PURPOSE  OF  STIMULATING
NATURAL GAS OR OIL WELL PRODUCTION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09502-01-3

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