NY State Senate Bill 2011-S425

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to environmental conservation
Apr 12, 2011	defeated in environmental conservation
Mar 18, 2011	notice of committee consideration - requested
Jan 05, 2011	referred to environmental conservation

Votes

- Apr 12, 2011 - Environmental Conservation Committee Vote
  S425
  
  Aye
  
  5
  
  Nay
  
  6
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: Apr 12, 2011
      
      aye (5)
      
      Avella
      
      Espaillat
      
      Perkins
      
      Serrano
      
      Stewart-Cousins
      
      nay (6)
      
      Johnson
      
      Little
      
      Marcellino
      
      Maziarz
      
      O'Mara
      
      Young
      
      aye wr (2)
      
      Grisanti
      
      LaValle
      
      excused (1)
      
      Oppenheimer

co-Sponsors

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2011-S425 (ACTIVE) - Details

See Assembly Version of this Bill:: A2922
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-0305, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8321, A10091
2013-2014: S1477
2015-2016: S3861

2011-S425 (ACTIVE) - Summary

Relates to the regulation of the use of hydraulic fracturing fluids.

2011-S425 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S425

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the use of
hydraulic fracturing fluids

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide greater regulation of the use of hydraulic fracturing fluids
used for oil and gas drilling.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require the Department
of Environmental Conservation to develop the following rules and
regulations:

*requiring the disclosure of hydraulic fracturing fluids; and,

*prohibiting the use of hydraulic fracturing fluids containing
chemicals that pose a risk to human health including, but not limited
to, fluids that are persistent, bioaccumulative and toxic (as defined
by the EPA) or are known mutagen.

*prohibit the issuance of drilling permits for wells proposing to use
hydraulic fracturing fluids until the DEC has adopted rules and

regulations.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends section
23-0305 (8) (d) of the Environmental Conservation Law.

JUSTIFICATION:
New York is home to rich natural gas reserves. In 2006,
there were 6,213 active natural, gas wells that generated a state
record of 55.3 billion cubic feet of natural gas. The Marcellus
formation that extends from the Southern Tier into Ohio, Pennsylvania
and West Virginia is estimated to have $1 trillion worth of natural
gas, and is largely.
untapped. The rising price of natural gas has led to an increased
demand for new sources and made formation like the Marcellus even
more attractive.

The extraction of these reserves is accompanied by considerable risk
to the environment. In order to fully examine this risk, the Assembly
Environmental Conservation committee has held a series of hearings to
examine the environmental protections needed in the Department of
Environmental Conservation's (DEC) natural gas and oil drilling
regulatory structure in order to safeguard natural resources. In the
course of these hearings, much expert testimony was presented on
necessary steps to ensure the safety of New York's precious water
resources.

The use of hydraulic fracturing fluids represents one of the most
significant potential threats to New York's environment, including
water and soil resources. In fight of the potential for such


environmental and
human exposure, it makes sense to ensure that the safest chemicals are
used in such fluids and the contents are fully disclosed.

PRIOR LEGISLATIVE HISTORY:
2010:  S.8321/A.10091A

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect 90 days after enactment.

2011-S425 (ACTIVE) - Bill Text download pdf

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

                                   425

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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  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.
  (II) NO PERMIT SHALL BE ISSUED FOR THE DRILLING OR  OPERATION  OF  ANY
WELL  PROPOSING  TO USE HYDRAULIC FRACTURING FLUIDS UNTIL THE DEPARTMENT
HAS ADOPTED RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS OF THIS
CHAPTER.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00714-01-1

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Senate Bill S425

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Apr 12, 2011 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Apr 12, 2011

co-Sponsors

2011-S425 (ACTIVE) - Details

2011-S425 (ACTIVE) - Summary

2011-S425 (ACTIVE) - Sponsor Memo

2011-S425 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

co-Sponsors

2011-S425 (ACTIVE) - Details

2011-S425 (ACTIVE) - Summary

2011-S425 (ACTIVE) - Sponsor Memo

2011-S425 (ACTIVE) - Bill Text download pdf

Comments