S T A T E O F N E W Y O R K
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10224
I N A S S E M B L Y
May 15, 2012
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Introduced by M. of A. FARRELL, ENGLEBRIGHT, SWEENEY, THIELE -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the transport of hydraulic fracturing fluids and waste in
and near the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
TITLE 29
TRANSPORTATION OF HYDRAULIC FRACTURING FLUIDS AND WASTE
SECTION 27-2901. DEFINITIONS.
27-2903. PROHIBITION ON TRANSPORTATION.
S 27-2901. DEFINITIONS.
AS USED IN THIS TITLE:
1. "HYDRAULIC FRACTURING" MEANS THE PROPAGATION OF FRACTURES IN A ROCK
LAYER CAUSED BY THE PRESENCE OF A PRESSURIZED FLUID FOR THE PURPOSE OF
STIMULATING AND ACCELERATING THE RELEASE OF NATURAL GAS FOR EXTRACTION.
2. "FLUIDS" MEANS WATER, BRINE, CHEMICAL ADDITIVES, SILICAS, SANDS,
CERAMICS, GELS, FOAMS, COMPRESSED GASES AND OTHER MATERIALS USED TO
STIMULATE AND FACILITATE THE FRACTURING OF SUB-SURFACE ROCK FOR THE
PURPOSE OF NATURAL GAS WELL PRODUCTION.
3. "WASTE" MEANS FLUIDS AND OTHER MATERIALS WHICH RE-SURFACE IN THE
COURSE OF CONDUCTING HYDRAULIC FRACTURING.
S 27-2903. PROHIBITION ON TRANSPORTATION.
NO PERSON SHALL TRANSPORT FLUIDS OR WASTE, WITHIN THE CITY OF NEW YORK
OR IN THIS STATE, WITHIN TWENTY-FIVE MILES OF SUCH CITY, FOR ANY PURPOSE
INCLUDING, BUT NOT LIMITED TO, USE, RE-USE, PRE-TREATMENT, TREATMENT OR
DISPOSAL OF SUCH FLUIDS OR WASTE.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15054-01-2