senate Bill S5879A

2011-2012 Legislative Session

Provides for the regulation of the conducting of hydraulic fracturing; repealer

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Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Dec 23, 2011 print number 5879a
amend and recommit to rules
Sep 09, 2011 referred to rules

Bill Amendments

Original
A (Active)
Original
A (Active)

S5879 - Details

See Assembly Version of this Bill:
A8805A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 23 Title 15 §§23-1501 - 23-1511 & Title 16 §§23-1601 - 23-1607, amd §8-0109, rpld & add §23-0303 sub 2, En Con L

S5879 - Summary

Provides for the regulation of the conducting of hydraulic fracturing; requires producers to disclose the composition of hydraulic fracturing fluids to the department of environmental conservation; provides that producers using hydraulic fracturing are strictly liable for any and all damages arising from such practice; requires all such producers to concede liability  (view more) provides for damages.

S5879 - Sponsor Memo

S5879 - Bill Text download pdf

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

                                  5879

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            September 9, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of the extraction of natural gas by means of hydraulic fractur-
  ing; and to repeal subdivision 2 of section 23-0303 of such law relat-
  ing to exclusivity of state authority over mining

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

  Section 1. Article 23 of the environmental conservation law is amended
by adding two new titles 15 and 16 to read as follows:
                                TITLE 15
                      DISCLOSURE OF COMPOSITION OF
                       HYDRAULIC FRACTURING FLUIDS
SECTION 23-1501.  DEFINITIONS.
        23-1503.  INFORMATION  SUBMITTED  CONSIDERED  PUBLIC; POSTING ON
                    INTERNET WEBSITE.
        23-1505.  SERVICE COMPANY DISCLOSURES.
        23-1507.  OPERATOR DISCLOSURES.
        23-1509.  USE  OF  SERVICES  OF  NONCOMPLYING  SERVICE   COMPANY
                    PROHIBITED.
        23-1511. TRADE SECRET PROTECTION.
S 23-1501. DEFINITIONS.
  AS USED IN THIS TITLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
  1.  "ADDITIVE"  MEANS ANY SUBSTANCE OR COMBINATION OF SUBSTANCES FOUND
IN A HYDRAULIC FRACTURING FLUID, INCLUDING A PROPPANT, THAT IS ADDED  TO
A BASE FLUID IN THE CONTEXT OF A HYDRAULIC FRACTURING TREATMENT.
  2.  "BASE  FLUID" MEANS THE BASE FLUID TYPE, SUCH AS WATER OR NITROGEN
FOAM, USED IN A PARTICULAR HYDRAULIC FRACTURING TREATMENT.
  3. "CHEMICAL ABSTRACTS SERVICE" OR "CAS" MEANS THE  CHEMICAL  REGISTRY
THAT  IS  THE  AUTHORITATIVE  COLLECTION OF DISCLOSED CHEMICAL SUBSTANCE
INFORMATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13392-01-1

S5879A (ACTIVE) - Details

See Assembly Version of this Bill:
A8805A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 23 Title 15 §§23-1501 - 23-1511 & Title 16 §§23-1601 - 23-1607, amd §8-0109, rpld & add §23-0303 sub 2, En Con L

S5879A (ACTIVE) - Summary

Provides for the regulation of the conducting of hydraulic fracturing; requires producers to disclose the composition of hydraulic fracturing fluids to the department of environmental conservation; provides that producers using hydraulic fracturing are strictly liable for any and all damages arising from such practice; requires all such producers to concede liability  (view more) provides for damages.

S5879A (ACTIVE) - Sponsor Memo

S5879A (ACTIVE) - Bill Text download pdf

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

                                 5879--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            September 9, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of the extraction of natural gas by means of hydraulic fractur-
  ing; and to repeal subdivision 2 of section 23-0303 of such law relat-
  ing to exclusivity of state authority over mining

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

  Section 1. Article 23 of the environmental conservation law is amended
by adding two new titles 15 and 16 to read as follows:
                                TITLE 15
                      DISCLOSURE OF COMPOSITION OF
                       HYDRAULIC FRACTURING FLUIDS
SECTION 23-1501.  DEFINITIONS.
        23-1503.  INFORMATION SUBMITTED CONSIDERED  PUBLIC;  POSTING  ON
                    INTERNET WEBSITE.
        23-1505.  SERVICE COMPANY DISCLOSURES.
        23-1507.  OPERATOR DISCLOSURES.
        23-1509.  USE   OF  SERVICES  OF  NONCOMPLYING  SERVICE  COMPANY
                    PROHIBITED.
        23-1511. TRADE SECRET PROTECTION.
S 23-1501. DEFINITIONS.
  AS USED IN THIS TITLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
  1. "ADDITIVE" MEANS ANY SUBSTANCE OR COMBINATION OF  SUBSTANCES  FOUND
IN  A HYDRAULIC FRACTURING FLUID, INCLUDING A PROPPANT, THAT IS ADDED TO
A BASE FLUID IN THE CONTEXT OF A HYDRAULIC FRACTURING TREATMENT.
  2. "BASE FLUID" MEANS THE BASE FLUID TYPE, SUCH AS WATER  OR  NITROGEN
FOAM, USED IN A PARTICULAR HYDRAULIC FRACTURING TREATMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13392-04-1

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