S T A T E O F N E W Y O R K
________________________________________________________________________
2922
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
___________
Introduced by M. of A. SWEENEY, ZEBROWSKI, LIFTON, JAFFEE, MAGNARELLI,
KAVANAGH, TITONE, CYMBROWITZ, REILLY, SPANO, CASTRO, N. RIVERA,
P. RIVERA, ROSENTHAL, MAISEL, PERRY, ORTIZ, BRENNAN, COOK, PHEFFER,
WEISENBERG, SCHIMEL, COLTON, BARRON -- Multi-Sponsored by -- M. of A.
CASTELLI, DESTITO, GOTTFRIED, LENTOL, MAGEE, MARKEY, McENENY, MILLMAN,
O'DONNELL, THIELE -- read once and referred to the Committee on Envi-
ronmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
use of hydraulic fracturing fluids
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph and paragraph d of subdivision 8 of
section 23-0305 of the environmental conservation law, as amended by
chapter 846 of the laws of 1981, are amended to read as follows:
With respect to oil pools or fields and natural gas pools or fields,
the department shall [have power to]:
d. (I) Require the drilling, casing, operation, plugging and replug-
ging of wells and reclamation of surrounding land in accordance with
rules and regulations of the department in such manner as to prevent or
remedy the following, including but not limited to: the escape of oil,
gas, brine or water out of one stratum into another; the intrusion of
water into oil or gas strata other than during enhanced recovery oper-
ations; the pollution of fresh water supplies by oil, gas, salt water,
HYDRAULIC FRACTURING FLUIDS or other contaminants; and blowouts,
cavings, seepages and fires. SUCH RULES AND REGULATIONS SHALL REQUIRE
THE DISCLOSURE OF ALL HYDRAULIC FRACTURING FLUID COMPONENTS AND SHALL
PROHIBIT THE USE OF HYDRAULIC FRACTURING FLUIDS THAT CONTAIN A CHEMICAL
SUBSTANCE THAT POSES A RISK TO HUMAN HEALTH, INCLUDING BUT NOT LIMITED
TO, HYDRAULIC FRACTURING FLUIDS THAT CONTAIN A CHEMICAL SUBSTANCE THAT
HAS BEEN IDENTIFIED PURSUANT TO THE FEDERAL TOXIC SUBSTANCES CONTROL ACT
AS PERSISTENT, BIOACCUMULATIVE AND TOXIC OR IS A KNOWN MUTAGEN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00714-01-1