S T A T E O F N E W Y O R K
________________________________________________________________________
6953
2009-2010 Regular Sessions
I N A S S E M B L Y
March 17, 2009
___________
Introduced by M. of A. ORTIZ, COLTON, ZEBROWSKI, LIFTON, GLICK, HOOPER,
KOON, McENENY, WEISENBERG -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the use of certain fracing solutions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 23-0505 to read as follows:
S 23-0505. HYDRAULIC FRACTURING; PROHIBITION ON CERTAIN FRACING
SOLUTIONS.
1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "FRACING SOLUTION" SHALL MEAN A SUBSTANCE USED DURING HYDRAULIC
FRACTURING WHICH IS INJECTED INTO ROCK FORMATIONS SURROUNDING OIL OR GAS
DEPOSITS IN ORDER TO EXPAND THE ROCK AND FACILITATE THE EXTRACTION OF
OIL OR GAS; AND
B. "HYDRAULIC FRACTURING" SHALL MEAN A PROCESS USED TO CREATE FRAC-
TURES THAT EXTEND FROM A BOREHOLE INTO ROCK FORMATIONS TO INCREASE OR
RESTORE THE RATE AT WHICH OIL OR GAS MAY BE PRODUCED FROM A WELL.
2. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, EVERY PERSON
GRANTED A WELL PERMIT PURSUANT TO SECTION 23-0501 OF THIS TITLE SHALL,
DURING HYDRAULIC FRACTURING, USE ONLY FRACING SOLUTION COMPOSED OF
NATURAL AND ORGANIC MATERIALS. NO FRACING SOLUTION CONTAINING DIESEL,
BENZENE, ETHIBENZENE, TOLUENE, XYLENE, OR ANY OTHER SUBSTANCE DETERMINED
BY THE COMMISSIONER TO BE TOXIC SHALL BE USED DURING HYDRAULIC FRACTUR-
ING ON OR AFTER SUCH DATE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10351-01-9