Assembly Bill A10088

                                BILL NUMBER:A10088

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to the prohibition of the on-site storage of flowback water

Purpose Or General idea Of Bill:  The purpose of this bill is to provide
greater oversight of natural gas drilling.

Summary Of Specific Provisions:  This bill would:

* prohibit the use of on-site reserve pits for flowback waters;

* require flowback waters to be contained within steel tanks;

* require the removal of flowback waters within seven days of a halt  in
drilling operations; and,

*  require the immediate removal of flowback waters if the site is to be
left unattended or if operations are suspended.

Effects Of Present Law Which This Bill Would Alter:  Amends  §23-0305(8)
of the ECL to add a new paragraph K.

Justification:   New York is home to rich natural gas reserves. In 2006,
there were 6,213 active natural gas wells that generated a state  record
of  55.3 billion cubic feet of natural gas. The Marcellus formation that
              

extends from the Southern Tier into Ohio, Pennsylvania and West Virginia
is estimated to have $1 trillion worth of natural gas,  and  is  largely
untapped. The rising price of natural gas has led to an increased demand
for new sources and made formations like the Marcellus even more attrac-
tive.

The  extraction of these reserves is accompanied by considerable risk to
the environment. In order to fully examine this risk, the Assembly Envi-
ronmental Conservation Committee has held a series of hearings to  exam-
ine  the  environmental protections needed in the Department of Environ-
mental Conservation's (DEC) natural gas,  and  oil  drilling  regulatory
structure in order to safeguard natural resources. In the course of time
hearings,  expert  testimony  was presented on necessary steps to ensure
the safety of New York's precious water resources.

The use of on-site reserve pits for flowback waters  poses  a  potential
hazard to humans and wildlife. The use of steel tanks will minimize such
hazard  and  also decrease the risk of accidental releases. In addition,
the presence storage limitations will ensure that  flowback  waters  are
not stockpiled on site for unlimited periods of time.

Prior Legislative History: This is new legislation.

Fiscal Implications For State And Local Governments:  None.

Effective Date:

This act shall take effect 90 days after enactment.

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