S T A T E O F N E W Y O R K
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4237
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
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Introduced by M. of A. BRENNAN, COLTON, LIFTON, TITONE -- Multi-Spon-
sored by -- M. of A. GLICK, GOTTFRIED, MILLMAN, PHEFFER, ROSENTHAL --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to envi-
ronmental protection related to the drilling of oil and gas wells, and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 23-0501 of the environmental
conservation law is renumbered subdivision 5 and two new subdivisions 3
and 4 are added to read as follows:
3. COMMENCING WITH THE EFFECTIVE DATE OF THIS SUBDIVISION, THERE SHALL
BE A MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE DRILLING OF NEW
WELLS.
4. (A) NO PERMIT TO DRILL AN OIL OR GAS WELL USING HYDRAULIC FRACTUR-
ING SHALL BE ISSUED FOR THE DRILLING OF ANY OIL OR GAS WELL WITHIN TEN
MILES OF:
(I) THE NEW YORK CITY WATER SUPPLY INFRASTRUCTURE;
(II) THE NEW YORK CITY WATERSHED; OR
(III) THE AREA AROUND AND INCLUDING ANY WATER SYSTEM THAT HAS
RECEIVED, AT ANY POINT IN TIME, A FILTRATION AVOIDANCE DETERMINATION
FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
(B) NO PERMIT TO DRILL AN OIL OR GAS WELL USING HYDRAULIC FRACTURING
SHALL BE ISSUED FOR THE DRILLING OF ANY OIL OR GAS WELL WITHIN AN APPRO-
PRIATE DISTANCE, TO BE DETERMINED BY RULES AND REGULATIONS OF THE
DEPARTMENT, OF:
(I) ANY AREA OVERLYING A SOLE SOURCE AQUIFER;
(II) ANY OTHER AREA IDENTIFIED BY THE DEPARTMENT AS NECESSARY FOR THE
PROTECTION OF DRINKING WATER RESOURCES;
(III) ANY AREA IDENTIFIED AS A CRITICAL HABITAT FOR A THREATENED OR
ENDANGERED SPECIES UNDER SECTION FOUR OF THE FEDERAL ENDANGERED SPECIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01162-01-1
A. 4237 2
ACT (42 U.S.C. S 1533) OR ANY AREA IDENTIFIED AS A "NATURAL HERITAGE
AREA" UNDER SECTION 11-0539 OF THIS CHAPTER;
(IV) ANY AREA IDENTIFIED BY THE DEPARTMENT AS A BIRD CONSERVATION AREA
OR ANY OTHER CRITICAL BIRD HABITAT FOR THE PROTECTION OF MIGRATORY OR
NON-MIGRATORY BIRDS;
(V) ANY FLOODPLAINS; OR
(VI) ALL AREAS WITHIN ANY NEW YORK STATE PARK, FOREST PRESERVE, STATE
FOREST, WILDLIFE REFUGE, WILDLIFE MANAGEMENT AREA, OR WILDERNESS AREA.
(C) THE DEPARTMENT SHALL, UPON APPLICATION BY ANY CHIEF EXECUTIVE OR
LEGISLATIVE BODY OF A MUNICIPALITY, IN A MANNER AND FORM TO BE DETER-
MINED BY THE DEPARTMENT, STUDY THE NEED FOR A BAN ON SUCH PERMITS IN
SUCH MUNICIPALITY AND REPORT THE FINDINGS OF SUCH STUDY TO SUCH MUNICI-
PALITY. AS THE DEPARTMENT DEEMS APPROPRIATE, IT MAY PERFORM A SINGLE
STUDY AND REPORT FOR MORE THAN ONE MUNICIPALITY.
(D) FOR PURPOSES OF THIS SUBDIVISION:
(I) "NEW YORK CITY WATER SUPPLY INFRASTRUCTURE" SHALL MEAN FACILITIES,
EQUIPMENT, SITES, BUILDINGS, PIPES, PUMPS, TANKS AND ANY OTHER STRUC-
TURES USED FOR THE SUPPLY, CONTROL, TREATMENT, DISTRIBUTION, AND TRANS-
PORT OF DRINKING WATER FOR THE CITY OF NEW YORK;
(II) "NEW YORK CITY WATERSHED" SHALL MEAN THE ENTIRE DRAINAGE AREA
CONTRIBUTING WATER TO THE CITY OF NEW YORK WATER SUPPLY; AND
(III) "HYDRAULIC FRACTURING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE
FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULATING NATURAL GAS OR OIL
WELL PRODUCTION.
S 2. This act shall take effect immediately; provided that the
provisions of subdivision 3 of section 23-0501 of the environmental
conservation law, as added by section one of this act, shall expire and
be deemed repealed two years after such date; and provided further, that
the provisions of subdivision 4 of section 23-0501 of the environmental
conservation law, as added by section one of this act, shall apply to
any application not yet approved by the department of environmental
conservation on such effective date.