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Assembly Bill A300

2011-2012 Legislative Session

Establishes a moratorium on disposal of fluids used in hydraulic fracturing occurring outside the state until 120 days after federal EPA issues report thereon

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A300 - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2009-2010: A10710
2013-2014: A1770

2011-A300 - Summary

Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in and drill cuttings from 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, and submission of proof to the governor and legislature that the department of environmental conservation is capable of effectively regulating hydraulic fracturing drilling fluids, drill cutting and soil disposal.

2011-A300 - Bill Text download pdf 

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

                                   300

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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.

co-Sponsors

multi-Sponsors

2011-A300A (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2009-2010: A10710
2013-2014: A1770

2011-A300A (ACTIVE) - Summary

Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in and drill cuttings from 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, and submission of proof to the governor and legislature that the department of environmental conservation is capable of effectively regulating hydraulic fracturing drilling fluids, drill cutting and soil disposal.

2011-A300A (ACTIVE) - Bill Text download pdf 

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

                                 300--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. MAISEL, ENGLEBRIGHT, JAFFEE, COLTON, ROBINSON,
  GIBSON, MAGNARELLI, P. RIVERA, WEPRIN, ROBERTS --  Multi-Sponsored  by
  -- M. of A.  GLICK, PHEFFER -- read once and referred 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 the disposal and/or processing  of
  any  fluid  which was used in and cuttings from a hydraulic fracturing
  process outside of the state pending the issuance of a report  thereon
  by  the federal Environmental Protection Agency and certain justifica-
  tions from the department of environmental conservation; 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 drilling fluid or drill cuttings in this state,
when  such drilling fluid or drill cuttings 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  opportu-
nity  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, the following terms shall mean:
  (i)  "Drill  cuttings" shall mean solid products removed from the well
bore during an oil or gas well drilling operation.
  (ii) "Drilling fluids" shall mean  drilling  mud,  chemical  additives
contained in or added to drilling fluids during the hydraulic fracturing
drilling  process, flow back water that returns to the surface after the
hydraulic fracturing process, or any other residual liquids involved  in
drilling.

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

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