S T A T E O F N E W Y O R K
________________________________________________________________________
5547
2011-2012 Regular Sessions
I N A S S E M B L Y
February 23, 2011
___________
Introduced by M. of A. ENGLEBRIGHT, SWEENEY, MENG, DINOWITZ, LIFTON,
COLTON, GOTTFRIED, ROSENTHAL, GUNTHER, TITONE, CASTRO, MILLMAN, CRES-
PO, GLICK, M. MILLER, BARRON, JAFFEE, MARKEY, JACOBS, BRENNAN, MAGNAR-
ELLI, SCHIMEL, KAVANAGH, CYMBROWITZ, WRIGHT, P. RIVERA, MAISEL, HEVE-
SI, KELLNER, WEPRIN, PAULIN, BROOK-KRASNY, JEFFRIES, COOK --
Multi-Sponsored by -- M. of A. BING, CASTELLI, CUSICK, LANCMAN,
LAVINE, LENTOL, MAGEE, MAYERSOHN, NOLAN, O'DONNELL, PHEFFER, SCARBOR-
OUGH, THIELE, WEISENBERG, ZEBROWSKI -- read once and referred 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 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09136-01-1
A. 5547 2