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Assembly Bill A9759

2011-2012 Legislative Session

Requires applicants for permits of hydraulic fracturing to pay costs associated with monitoring their operations

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Archive: Last Bill Status - In Assembly Committee

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2011-A9759 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง23-0505, En Con L

2011-A9759 (ACTIVE) - Summary

Requires applicants for permits of hydraulic fracturing to pay costs associated with monitoring their operations.

2011-A9759 (ACTIVE) - Bill Text download pdf 

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

                                  9759

                          I N  A S S E M B L Y

                              April 2, 2012
                               ___________

Introduced  by M. of A. HANNA -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  applicants  to pay for the costs associated with monitoring
  their hydraulic fracturing operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 23-0505 to read as follows:
S 23-0505. APPLICANTS TO PAY COSTS ASSOCIATED WITH MONITORING OF HYDRAU-
             LIC FRACTURING.
  1. "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.
  2. THE DEPARTMENT SHALL ISSUE REGULATIONS PROVIDING FOR THE MONITORING
OF ALL HYDRAULIC FRACTURING OPERATIONS IN THE STATE IN ORDER TO  PREVENT
RISKS TO HUMAN HEALTH.
  3.  BEFORE  ISSUING  A  PERMIT FOR HYDRAULIC FRACTURING THE DEPARTMENT
SHALL ASSESS THE COSTS ASSOCIATED WITH THE MONITORING REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION FOR THE PROPOSED  OPERATION.  IF  THE  ACTUAL
COSTS TO BE EXPENDED ON THE PERMITTED OPERATION EXCEED THE PERMIT APPLI-
CATION FEES PAID BY THE APPLICANT, THE DEPARTMENT SHALL REQUIRE THAT THE
STATE  BE  REIMBURSED  FOR  COSTS  WHICH MAY BE PAID. THIS REIMBURSEMENT
SHALL COVER COSTS AND EXPENSES INCURRED FOR SALARIES  AND  EXPENSES  FOR
REGULAR  EMPLOYEES  OF  THE  DEPARTMENT  WHO MAY DEVOTE ALL OR A PART OF
THEIR TIME TO THAT PARTICULAR PROJECT, EXCEPT THAT IS  NOT  INTENDED  TO
APPLY  TO  THE SALARIES OF THE MEMBERS OF THE DEPARTMENT ENGAGED ONLY IN
GENERAL ADMINISTRATIVE WORK  IN  CONNECTION  WITH  THE  PROJECT.    THIS
REIMBURSEMENT FORMULA SHALL BE PATTERNED ON THE PERMIT ISSUED PREVIOUSLY
BY THE DEPARTMENT TO EASTMAN KODAK CO. INC. FOR MONITORING AT THE INDUS-
TRIAL  FACILITY  KNOWN AS KODAK PARK, BUT MAY BE MODIFIED BY THE DEPART-
MENT IN ITS DISCRETION.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become a law, provided, however, that the commissioner of environ-
mental conservation is authorized to promulgate any and  all  rules  and
regulations  and take any other measures necessary to implement this act
on its effective date on or before such date.

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