Senate Bill S6903

                                BILL NUMBER:S6903

TITLE OF BILL:
An act to require a seismological impact study related to hydrofracking

PURPOSE OR GENERAL IDEA OF THE BILL:
The purpose of this legislation is to inform the people of the State of
New York of any and all potential seismological impacts posed by the
extraction of natural gas using horizontal drilling and high-volume
hydraulic fracturing and to provide an analysis of those impacts. Such
analysis and information shall help facilitate informed decisions
regarding actions to be taken with respect to such activities in the
state.

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the legislative findings of the bill as
described above.

Section 2 of the bill requires that pursuant to appropriation, a school
of geological sciences within the state university of New York ("the
school of geological sciences") shall conduct a comprehensive seismolog-
ical impact assessment to examine potential geophysical impacts that may
be caused by the extraction of natural gas using horizontal drilling and
high-volume hydraulic fracturing. A seismological impact assessment
shall mean a combination of procedures, method, and tools by which a
              

policy, program, or project may be judged as to its potential effects on
the seismic activity in the surrounding area, and the potential impact
in New York state.

Section 3 of the bill requires that prior to the commencement of such
assessment, the school of geological sciences conducting such assessment
shall prepare a scoping document that will establish the parameters of
the seismological impact assessment. The scoping document shall include
the analysis required by this act, as well as any other analyses
conducted, and shall be subject to public review, comment and revision.

Section 4 of the bill requires that such seismological assessment of the
extraction of natural gas using horizontal drilling and high-volume
hydraulic fracturing shall include, at a minimum, the following
analyses:

a) Identification and assessment of the impact that high-volume hydrau-
lic fracturing has on seismic activity in surrounding areas;
b) Estimated costs of any seismological impacts to the state as a whole;
c) Recommendations for any mitigation of potential seismic impacts and
the methods and evidence used to arrive at such recommendations; and
d) A long-term plan for monitoring, evaluating, tracking and mitigating
potential seismic impacts.

Section 5 of the bill requires that a draft of the seismological impact
assessment be released for public review and comment. The school of
geological sciences conducting such assessment shall conduct a minimum
of two public hearings regarding the findings of the draft seismological
impact assessment and allow at least one hundred eighty days for the
public to submit comments. Upon the closing of the public comment peri-
od, the school of geological sciences shall categorize, review and
respond to all public comments.  If substantive changes to the seismo-
logical impact assessment are made as a result of public comments, such
school of geological sciences shall issue a revised draft. Such revised
draft shall similarly be subject to public comment and review, in
compliance with the parameters set out for the initial draft.

Section 6 of the bill requires that after responding to all public
comments as required by section 5 of this act, and upon completion of
the seismological impact assessment, such school of geological sciences
shall submit the completed seismological impact assessment to the
department of environmental conservation. The department of environ-
mental conservation shall make such seismological impact assessment
available to the public and deliver copies to the legislature and the
governor for review.

Section 7 of the bill sets forth an immediate effective date.

JUSTIFICATION:

As the Governor and the Department of Environmental Conservation ("DEC")
continue to deliberate on allowing the practice of horizontal gas drill-
ing and high-volume hydraulic fracturing in New York State, it is imper-
ative that a seismological impact assessment be completed prior to any
final decision.

Recent news reports have shown that there is increasing concern across
the United States that there may be serious seismic impacts from the
extraction of natural gas using horizontal drilling and high-volume
hydraulic fracturing. The state of Ohio has begun to investigate seismic
events in areas where horizontal drilling and high-volume hydraulic
fracturing has taken place. Scientists hired by the Ohio Department of
Natural Resources have recently determined with "95 percent certainty
that the epicenters" of two earthquakes in late 2011 were within 0.8
kilometer of a hydrofracking waste water injection well. There have also
been concerns raised in Texas and Arkansas where there are extensive
hydrofracking operations in areas that have seen a measurable increase
in earthquake activity.

Similar concerns regarding the seismic effects of hydrofracking have
resulted in government investigations in Europe as well. In the fall of
2011 the British Geological Survey concluded that two earthquakes were
likely caused by hydrofracking operations in the vicinity of the
affected areas.

As with the potential for serious health impacts, it is the state
government's fundamental responsibility to refrain from permitting this
industry until an analysis has been conducted on the seismic impacts of
hydrofracking.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Yet to be determined.

EFFECTIVE DATE:
This act shall take effect immediately.