NY State Senate Bill 2009-S7592

Senate Bill S7592

2009-2010 Legislative Session

Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal EPA issues report thereon

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2010	print number 7592a
Jun 02, 2010	amend and recommit to environmental conservation
Apr 23, 2010	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2009-S7592 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation

2009-S7592 - Summary

Establishes a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.

2009-S7592 - Sponsor Memo

                                 BILL NUMBER:  S7592

 TITLE OF BILL :

An act to establish a moratorium upon conducting hydraulic fracturing
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 OR GENERAL IDEA OF BILL :

This bill seeks to place a moratorium upon the activity of hydraulic
fracturing until such time as the environmental protection agency has
released their report on the effects of hydraulic fracturing on
ground-water and freshwater supplies.

 SUMMARY OF SPECIFIC PROVISIONS :

Establishes a moratorium on conducting hydraulic fracturing for the
extraction of natural gas or oil until 120 days after federal
environmental protection agency.

 JUSTIFICATION :

On March 18, 2010 the EPA announced that it will be conducting a

comprehensive two-year research study to investigate the potential
adverse impacts that hydraulic fracturing may have on water quality
and public health. Hydraulic fracturing, a process that involves
vertical and horizontal drilling and fracturing of underground
formations to facilitate withdrawal of natural gas or oil from shale
and other geological formations, injects fresh water, fracturing
fluids and sand into the formation, which in turn withdraws the gas
and separates leftover waters. The fracturing fluid is composed of
dozens of chemicals that acts as a lubricant for the sand. These
chemicals can include potentially dangerous petrol compounds.
Millions of gallons of water, sand and fracturing fluids are needed to
fracture a natural gas well.

New York State must continue to be vigilant where questions of water
quality and public health are concerned and must have all available
information before allowing a questionable practice - such as
hydraulic fracturing - to take place without fully knowing the
potential dangers. This legislation shall place a moratorium on such
activity until the EPA study has been completed and the results are
known and made available to the public.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, and shall expire and be deemed
repealed on the one hundred twentieth day after the federal
Environmental Protection Agency issues a report on the effects of
hydraulic fracturing on water quality and public health.

2009-S7592 - Bill Text download pdf

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

                                  7592

                            I N  S E N A T E

                             April 23, 2010
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to establish a moratorium upon  conducting  hydraulic  fracturing
  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 conducting of hydrau-
lic fracturing in the 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 water quality and 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.
                                                           LBD16567-02-0

co-Sponsors

View additional co-sponsors

2009-S7592A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation

2009-S7592A (ACTIVE) - Summary

2009-S7592A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7592A

TITLE OF BILL:
An act
to establish a moratorium upon conducting
hydraulic fracturing 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 OR GENERAL IDEA OF BILL:
This bill seeks to place a moratorium upon the activity of hydraulic
fracturing until such time as the environmental protection agency has
released their report on the effects of hydraulic fracturing on
groundwater and freshwater supplies.

SUMMARY OF SPECIFIC PROVISIONS:
Establishes a moratorium on conducting hydraulic fracturing for the
extraction of natural gas or oil until 120 days after federal
environmental protection agency.

JUSTIFICATION:
On March 18, 2010 the EPA announced that it will be conducting a
comprehensive two-year research study to investigate the potential
adverse impacts that hydraulic fracturing may have on water quality
and public health. Hydraulic fracturing, a process that involves

vertical and horizontal drilling and fracturing of underground
formations to facilitate withdrawal of natural gas or oil from shale
and other geological formations, injects fresh water, fracturing
fluids and sand into the formation, which in turn withdraws the gas
and separates leftover waters. The fracturing fluid is composed of
dozens of chemicals that acts as a lubricant for the sand. These
chemicals can include potentially dangerous petrol compounds.
Millions of gallons of water, sand and fracturing fluids are needed
to fracture a natural gas well.

New York State must continue to be vigilant where questions of water
quality and public health are concerned and must have all available
information before allowing a questionable practice - such as
hydraulic fracturing - to take place without fully knowing the
potential dangers. This legislation shall place a moratorium on such
activity until the EPA study has been completed and the results are
known and made available to the public. It will not apply to permits
issued prior to the effective date of this act for horizontal
drilling operations.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, and shall expire and be deemed
repealed on the one hundred twentieth day after the federal


Environmental Protection Agency issues a report on the effects
of hydraulic fracturing on water quality and public health.

2009-S7592A (ACTIVE) - Bill Text download pdf

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

                                 7592--A

                            I N  S E N A T E

                             April 23, 2010
                               ___________

Introduced by Sens. ADDABBO, DILAN, KRUEGER, MONTGOMERY, ONORATO, OPPEN-
  HEIMER,  PADAVAN,  PERALTA,  PERKINS,  SAVINO,  SCHNEIDERMAN, SERRANO,
  SQUADRON, STAVISKY -- read twice and ordered printed, and when printed
  to be committed to the  Committee  on  Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to establish a moratorium upon  conducting  hydraulic  fracturing
  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 issuance of new
permits for horizontal drilling which utilizes the practice of hydraulic
fracturing in the 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 water quality and 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.
  (c) For the purposes of this section, "horizontal drilling" shall mean
a technique whereby a vertical wellbore is turned up to  ninety  degrees
and drills in a generally horizontal direction for the purpose of stimu-
lating natural gas or oil well production.
  (d) This section shall not apply to permits issued prior to the effec-
tive  date  of this act for horizontal drilling operations which utilize
hydraulic fracturing that are subject to renewal.
  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

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

                                                           LBD16567-05-0

S. 7592--A                          2

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.

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Senate Bill S7592

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2009-S7592 - Details

2009-S7592 - Summary

2009-S7592 - Sponsor Memo

2009-S7592 - Bill Text download pdf

co-Sponsors

2009-S7592A (ACTIVE) - Details

2009-S7592A (ACTIVE) - Summary

2009-S7592A (ACTIVE) - Sponsor Memo

2009-S7592A (ACTIVE) - Bill Text download pdf

Comments