Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in a hydraulic fracturing process performed outside of the state until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.
BILL NUMBER:A10710
TITLE OF BILL: An act to establish a moratorium upon the disposal
and/or processing of any fluid which was used in a hydraulic fracturing
process outside of the state pending the issuance of a report thereon by
the federal Environmental Protection Agency; and providing for the
repeal of such provisions upon the expiration thereof
PURPOSE: OF THE BILL: To establish a moratorium on the disposal and/or
processing of any fluid which is used in a hydraulic fracturing process
for natural gas production outside of the state, pending the issuance of
a report by the EPA.
SUMMARY OF PROVISIONS: The bill would place a moratorium on the importa-
tion of any hydraulic fracturing fluids until 120 days after the issu-
ance of the EPA 2-year comprehensive study of potential adverse impacts
of hydraulic fracturing and fracturing fluids on water quality and
public health.
JUSTIFICATION: EPA announced on March 18, 2010 that it would be conduct-
ing a comprehensive 2-year research study to investigate the potential
adverse impacts that hydraulic fracturing and fracturing fluids may have
on water quality and public health. The fracturing fluids are composed
of dozens of chemicals that act as surfactants for the sand that forms a
large part of these fluids. Drilling operations in other states are
sending their waste cutting fluids into New York for disposal:without
S T A T E O F N E W Y O R K
________________________________________________________________________
10710
I N A S S E M B L Y
April 16, 2010
___________
Introduced by M. of A. MAISEL, ENGLEBRIGHT -- read once and referred to
the Committee on Environmental Conservation
AN ACT to establish a moratorium upon the disposal and/or processing of
any fluid which was used in a hydraulic fracturing process outside of
the state pending the issuance of a report thereon by the federal
Environmental Protection Agency; and providing for the repeal of such
provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) Notwithstanding any provision of law to the contrary,
there is hereby established a moratorium upon the acceptance, disposal
and/or processing of any fluid in this state, when such fluid has been
used in a hydraulic fracturing process occurring outside of this state.
The purpose of such moratorium shall be to afford the state and its
residents the opportunity to review a report to be issued by the federal
Environmental Protection Agency on the effects of hydraulic fracturing
on public health.
(b) For the purposes of this section, "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, and shall expire and be
deemed repealed on the one hundred twentieth day after the federal Envi-
ronmental Protection Agency issues a report on the effects of hydraulic
fracturing on water quality and public health. Provided, that the
commissioner of environmental conservation shall notify the legislative
bill drafting commission upon the issuance by the federal Environmental
Protection Agency of the report on the effects of hydraulic fracturing
on water quality and public health referred to in subdivision (a) of
section one of this act in order that such commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16567-03-0
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.