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
April 26, 2013
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting high-volume hydraulic fracturing in reforestation areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9-0101 of the environmental conservation law is
amended by adding a new subdivision 6-a to read as follows:
6-A. "HIGH-VOLUME HYDRAULIC FRACTURING" MEANS THE FRACTURING BY
MAN-MADE FLUID-DRIVEN FRACTURING TECHNIQUES THAT UTILIZE OVER EIGHTY
THOUSAND GALLONS OF FRACTURING FLUID FOR THE PURPOSE OF STIMULATING
NATURAL GAS OR OIL WELL PRODUCTION.
S 2. Section 9-0507 of the environmental conservation law is amended
to read as follows:
S 9-0507. Leasing of oil and gas rights on reforestation areas.
Notwithstanding any provisions of [Article VII] ARTICLE SEVEN of the
[Public Lands Law] PUBLIC LANDS LAW to the contrary, the department,
with the approval of the state geologist, may, in any lands acquired by
the state in accordance with section 9-0501 OF THIS TITLE, enter into
leases for the purpose of aiding in discovering and removing any oil or
gas upon such lands or storage of gas or oil thereon, under such terms
as may be prescribed by the department, and upon such conditions that
the exercise of such leasehold rights shall not interfere with the oper-
ation of such reforestation areas for the purposes for which they were
acquired and as defined in [Section 3] SECTION THREE of article [XIV]
FOURTEEN of the [Constitution] STATE CONSTITUTION, EXCEPT BY MEANS OF
HIGH-VOLUME HYDRAULIC FRACTURING. Any lease made and entered into pursu-
ant to this section shall be recorded in the [Office] OFFICE of [General
Services] GENERAL SERVICES.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.