NY State Senate Bill 2009-S8129

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 13, 2010	vetoed memo.6837
Dec 01, 2010	delivered to governor
Nov 29, 2010	returned to senate passed assembly ordered to third reading rules cal.579 substituted for a11443b
Aug 04, 2010	referred to ways and means
Aug 03, 2010	delivered to assembly passed senate ordered to third reading cal.1429
Jun 18, 2010	print number 8129b
Jun 18, 2010	amend and recommit to rules
Jun 17, 2010	print number 8129a
Jun 17, 2010	amend and recommit to rules
Jun 14, 2010	reported and committed to rules
Jun 10, 2010	referred to environmental conservation

Votes

- Aug 3, 2010 - Floor Vote
  S8129
  
  49
  
  Aye
  
  9
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Aug 3, 2010
      
      aye (49)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (9)
      
      Aubertine
      
      Griffo
      
      Lanza
      
      Libous
      
      Little
      
      Maziarz
      
      Volker
      
      Winner
      
      Young
      
      absent (1)
      
      Diaz
      
      excused (2)
      
      Golden
      
      Savino
  Aug 3, 2010 - Rules Committee Vote
  S8129
  
  16
  
  Aye
  
  2
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Aug 3, 2010
      
      aye (16)
      
      Dilan
      
      Espada
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Farley
      
      Johnson
      
      aye wr (5)
      
      Duane
      
      Larkin
      
      Saland
      
      Stachowski
      
      Volker
  Jun 14, 2010 - Environmental Conservation Committee Vote
  S8129
  
  9
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jun 14, 2010
      
      aye (9)
      
      Leibell
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      nay (3)
      
      Johnson
      
      Little
      
      Young
      
      aye wr (2)
      
      Foley
      
      Marcellino

Bill Amendments

Original

B (Active)

co-Sponsors

2009-S8129 - Details

See Assembly Version of this Bill:: A11443
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5592, A7400
2013-2014: S1201

2009-S8129 - Summary

Suspends hydraulic fracturing for the extraction of natural gas or oil until May 15, 2011; suspends the issuance of new permits for such drilling.

2009-S8129 - Sponsor Memo

                                BILL NUMBER:S8129

TITLE OF BILL:
An act to suspend hydraulic fracturing; and providing for the repeal of
such provisions upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to place a suspension of any permitting for hydraulic
fracturing to ensure adequate review and analysis of the effects of this
type of drilling on water quality, air, environmental, safety and public
health.

SUMMARY OF SPECIFIC PROVISIONS:
Suspends the permitting process for conducting hydraulic fracturing for
the extraction of natural gas or oil until June 1,2011.

JUSTIFICATION:
The potential for development of natural gas drilling in the Marcellus
Shale formation within New York State has created robust debate involv-
ing the interplay between job creation and protection of the environ-
ment. Stakeholders both in support and opposition to these developments
are aggressively advancing positions that are expansive and highly
controversial.

By delaying DEC's ability to issue permits until June 1, 2011, this bill
will provide the Legislature additional time to assess the true environ-

mental impacts of horizontal drilling and hydraulic fracturing.  This
bill will also allow the Legislature to properly deliberate the numerous
concerns that have come forward during the public comment period on the
Department of Environmental Conservation's draft Supplemental Generic
Environmental Impact Statement (draft SGEIS).  The June 1, 2011 date
also ensures that the Legislature will have ample opportunity to act in
the 2011 Legislative Session.

Gas drilling carries with it risks of accidents, including blow-outs and
hazards related to gas seeping from wells. There are also potential
effects on the communities in which shale gas production is located,
including traffic, noise, and an influx of transient workers.  Air qual-
ity, road creation, and habitat destruction all need to be taken into
account, but by far the biggest concern is water safety.  The large
withdrawals of water required for hydrofracking could disrupt surface
and ground water ecosystems, and improper management of drilling and
hydrofracking chemicals, drilling waste, and wastewater could pollute
surface water and/or groundwater.

Given the complexities of the environmental and policy issues under
consideration, the need for a one year suspension on the permitting
process for development of natural gas drilling in the Marcellus Shale
formation cannot be overstated. This will allow for a thorough, deliber-
ate and unrushed analysis of all factors involved.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-S8129 - Bill Text download pdf

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

                                  8129

                            I N  S E N A T E

                              June 10, 2010
                               ___________

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

AN ACT to suspend hydraulic fracturing; 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 suspension of the issuance of new permits
for horizontal drilling which utilizes the practice of  hydraulic  frac-
turing  in the state.  The purpose of such suspension shall be to afford
the state and its residents the opportunity to continue the  review  and
analysis  of  the effects of hydraulic fracturing on water quality, air,
environmental, safety 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 June 1, 2011.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17696-03-0

co-Sponsors

2009-S8129A - Details

See Assembly Version of this Bill:: A11443
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5592, A7400
2013-2014: S1201

2009-S8129A - Summary

Suspends hydraulic fracturing for the extraction of natural gas or oil until May 15, 2011; suspends the issuance of new permits for such drilling.

2009-S8129A - Sponsor Memo

                                BILL NUMBER:S8129A

TITLE OF BILL:
An act
to suspend hydraulic fracturing; and providing for the
repeal of such provisions upon the
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to place a suspension of any permitting for
hydraulic fracturing in the Marcellus Shale to ensure adequate review
and analysis of the effects of this type of drilling on water
quality, air, environmental, safety and public health.

SUMMARY OF SPECIFIC PROVISIONS:
This bill suspends the issuance of new permits for the drilling of a
well which utilizes the practice of hydraulic fracturing for the
purpose of stimulating natural gas or oil in the Marcellus Shale
formation.

JUSTIFICATION:
The potential for development of natural gas drilling in the Marcellus
Shale formation within New York State has created robust debate
involving the interplay between job creation and protection of the
environment. Stakeholders both in support and opposition to these
developments are aggressively advancing positions that are expansive

and highly controversial.

By delaying DEC's ability to issue permits until May 15,2011, this
bill will provide the Legislature additional time to assess the true
environmental impacts of horizontal drilling and hydraulic
fracturing. This bill will also allow the Legislature to properly
deliberate the numerous concerns that have come forward during the
public comment period on the Department of Environmental
Conservation's draft Supplemental Generic Environmental Impact
Statement (draft SGEIS). The May 15, 2011 date also ensures that the
Legislature will have ample opportunity to act in the 2011
Legislative Session.

Gas drilling carries with it risks of accidents, including blow-outs
and hazards related to gas seeping from wells. There are also
potential effects on the communities in which shale gas production is
located, including traffic, noise, and an influx of transient
workers. Air quality, road creation, and habitat destruction all need
to be taken into account, but by far the biggest concern is water
safety. The large withdrawals of water required for hydrofracking
could disrupt surface and ground water ecosystems, and improper
management of drilling and hydrofracking chemicals, drilling waste,
and wastewater could pollute surface water and/or groundwater.

Given the complexities of the environmental and policy issues under
consideration, the need for a one year suspension on the permitting
process for development of natural gas drilling in the Marcellus
Shale formation cannot be overstated. This will allow for a thorough,
deliberate and unrushed analysis of all factors involved.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, and shall expire and be deemed
repealed on May 15, 2011.

2009-S8129A - Bill Text download pdf

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

                                 8129--A

                            I N  S E N A T E

                              June 10, 2010
                               ___________

Introduced  by  Sens.  THOMPSON,  OPPENHEIMER, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation  -- reported favorably from said committee
  and committed to the Committee on Rules -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to suspend hydraulic fracturing; 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. There is hereby established a suspension of the issuance of
new permits for the drilling of a well which utilizes  the  practice  of
hydraulic  fracturing  for the purpose of stimulating natural gas or oil
in the Marcellus shale formation.
  The purpose of such suspension shall be to afford the  state  and  its
residents  the  opportunity  to  continue the review and analysis of the
effects of hydraulic fracturing on water and air quality,  environmental
safety and public health.
  For  the  purposes  of this section, "hydraulic fracturing" shall mean
the fracturing of rock by fluid for the purpose of  stimulating  natural
gas or oil for any purpose.
  This  section shall not apply to permits issued prior to the effective
date of this act 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 May 15, 2011.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17696-05-0

co-Sponsors

View additional co-sponsors

2009-S8129B (ACTIVE) - Details

See Assembly Version of this Bill:: A11443
Law Section:: Environmental Conservation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5592, A7400
2013-2014: S1201

2009-S8129B (ACTIVE) - Summary

Suspends hydraulic fracturing for the extraction of natural gas or oil until May 15, 2011; suspends the issuance of new permits for such drilling.

2009-S8129B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8129B

TITLE OF BILL:
An act to suspend hydraulic fracturing; and providing for the repeal
of such provisions upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to place a suspension of any permitting for hydraulic
fracturing low permeability natural gas reservoirs, such as the
Marcellus and Utica shale formations to ensure adequate review and
analysis of the effects of this type of drilling on water quality,
air, environmental, safety and public health.

SUMMARY OF SPECIFIC PROVISIONS:
This bill suspends the issuance of new permits for the drilling of a
well which utilizes the practice of hydraulic fracturing for the
purpose of stimulating natural gas or oil in the Marcellus Shale
formation.

JUSTIFICATION:
The potential for development of natural gas drilling in the Marcellus
Shale formation within New York State has created robust debate
involving the interplay between job creation and protection of the
environment. Stakeholders both in support and opposition to these
developments are aggressively advancing positions that are expansive
and highly controversial.

By delaying DEC's ability to issue permits until May 15,2011, this
bill will provide the Legislature additional time to assess the true
environmental impacts of horizontal drilling and hydraulic fracturing.
This bill will also allow the Legislature to properly deliberate the
numerous concerns that have come forward during the public comment
period on the Department of Environmental Conservation's draft
Supplemental Generic Environmental Impact Statement (draft SGEIS). The
May 15,2011 date also ensures that the Legislature will have ample
opportunity to act in the 2011 Legislative Session.

Gas drilling carries with it risks of accidents, including blow-outs
and hazards related to gas seeping from wells. There are also
potential effects on the communities in which shale gas production is
located, including traffic, noise, and an influx of transient workers.
Air quality, road creation, and habitat destruction all need to be
taken into account, but by far the biggest concern is water safety.
The large withdrawals of water required for hydrofracking could
disrupt surface and ground water ecosystems, and improper management
of drilling and hydrofracking chemicals, drilling waste, and
wastewater could pollute surface water and/or groundwater.

Given the complexities of the environmental and policy issues under
consideration, the need for a one year suspension on the permitting
process for development of natural gas drilling in the Marcellus Shale
formation cannot be overstated. This will allow for a thorough,
deliberate and unrushed analysis of all factors involved.

PRIOR LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, and shall expire and be deemed
repealed on May 15, 2011.

2009-S8129B (ACTIVE) - Bill Text download pdf

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

                                 8129--B

                            I N  S E N A T E

                              June 10, 2010
                               ___________

Introduced  by  Sens.  THOMPSON,  OPPENHEIMER, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation  -- reported favorably from said committee
  and committed to the Committee on Rules -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to suspend hydraulic fracturing; 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. There is hereby established a suspension of the issuance of
new  permits  for  the drilling of a well which utilizes the practice of
hydraulic fracturing for the purpose of stimulating natural gas  or  oil
in  low  permeability  natural gas reservoirs, such as the Marcellus and
Utica shale formations.
  The purpose of such suspension shall be to afford the  state  and  its
residents  the  opportunity  to  continue the review and analysis of the
effects of hydraulic fracturing on water and air quality,  environmental
safety and public health.
  For  the  purposes  of this section, "hydraulic fracturing" shall mean
the fracturing of rock by fluid for the purpose of  stimulating  natural
gas or oil for any purpose.
  This  section shall not apply to permits issued prior to the effective
date of this act 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 May 15, 2011.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17696-06-0

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Senate Bill S8129

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Aug 3, 2010 - Floor Vote

Floor Vote: Aug 3, 2010

Aug 3, 2010 - Rules Committee Vote

Rules Committee Vote: Aug 3, 2010

Jun 14, 2010 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Jun 14, 2010

Bill Amendments

co-Sponsors

2009-S8129 - Details

2009-S8129 - Summary

2009-S8129 - Sponsor Memo

2009-S8129 - Bill Text download pdf

co-Sponsors

2009-S8129A - Details

2009-S8129A - Summary

2009-S8129A - Sponsor Memo

2009-S8129A - Bill Text download pdf

co-Sponsors

2009-S8129B (ACTIVE) - Details

2009-S8129B (ACTIVE) - Summary

2009-S8129B (ACTIVE) - Sponsor Memo

2009-S8129B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8129

Share this bill

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

2009-S8129 - Details

2009-S8129 - Summary

2009-S8129 - Sponsor Memo

2009-S8129 - Bill Text download pdf

co-Sponsors

2009-S8129A - Details

2009-S8129A - Summary

2009-S8129A - Sponsor Memo

2009-S8129A - Bill Text download pdf

co-Sponsors

2009-S8129B (ACTIVE) - Details

2009-S8129B (ACTIVE) - Summary

2009-S8129B (ACTIVE) - Sponsor Memo

2009-S8129B (ACTIVE) - Bill Text download pdf

Comments