senate Bill S1230

2011-2012 Legislative Session

Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within two miles of the New York city water supply infrastructure

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 06, 2011 referred to environmental conservation

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S1230 - Bill Details

See Assembly Version of this Bill:
A4237
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-0501, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S6654B, A1322C

S1230 - Bill Texts

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Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within five miles of the New York city water supply infrastructure.

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BILL NUMBER:S1230

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
environmental protection related to the drilling of oil and gas wells,
and providing for the repeal of certain
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit any permits for oil or
gas drilling to be issued by DEC for two years. Furthermore the bill
would permanently prohibit any such drilling within ten miles of the
New York City watershed or water supply infrastructure; or any other
water system that has received a filtration avoidance determination
from the US EPA. No drilling would be allowed in any area overlying a
sole source aquifer; any other area that DEC identifies for
protection of drinking water;
critical habitats for threatened or endangered species or a "natural
heritage area as defined by law; any other area identified by the DEC
as a bird conservation area or critical bird habitat; floodplains; or
all areas with NYS park, forest preserve, state forest, wildlife
refuge, wildlife management area or wilderness area. The DEC would
determine by regulation how much of a buffer would be placed around
these areas.
Furthermore, a municipality, as requested by either the chief
executive or legislative body, has the right to apply to the DEC to
study the need for a ban within its borders.

JUSTIFICATION:
Significant parts of upstate, including the area along
the Pennsylvania border and into the Catskill region are part of the
Marcellus shale formation and are threatened with the development of
thousands of new potential oil and gas wells and unprecedented damage
to ground and water resources and environmental damage from the
drilling of wells. This bill will prohibit permits for drilling to be
issued by DEC for two years. It is our expectation that this time
will allow for further study of hydraulic fracturing and restrictions
can be put into place to protect our water and air.
Furthermore, the bill will provide protection for the named critical
areas listed above by permanently prohibiting this drilling in them.
Irreparable damage could be done to the environment by allowing
drilling in any of those areas.

PRIOR LEGISLATIVE HISTORY:
A similar bill, A.11527, was introduced in 2008.
Since that time, the bill has undergone several changes and
additions to better protect the environment.

2009: A.1322C (Brennan), Died in Environmental Conservation
2010: A.S.6654B (Duane), Died in Environmental Conservation;
A.1322C (Brennan), Died in Rules

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
None.


EFFECTIVE DATE:
Immediately, with provisions.

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

                                  1230

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed 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

S. 1230                             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.

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