Senate Bill S4046

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

                                  4046

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced  by  Sens.  CARLUCCI, KLEIN, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT in relation to high volume horizontal hydraulic fracturing

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

  Section  1.  Legislative  Findings.  The  Legislature hereby finds and
declares:
  1. High volume horizontal hydraulic fracturing (HVHF) is a  method  of
extracting natural gas from underground shale formations. The HVHF proc-
ess  typically includes the introduction of millions of gallons of frac-
turing fluid - a mixture of water, proppants and chemicals - under  high
pressure into a previously drilled wellbore.
  2.  Studies  related  to  the  use  of HVHF have shown that inadequate
casing and concrete used to line the walls of the wellbore, as  well  as
poor  wastewater  management  practices,  can  result  in the accidental
release of fracturing fluid and methane into surface and groundwater.
  3. For example, on November 4, 2009, the commonwealth of  Pennsylvania
department  of  environmental  protection  entered into a consent decree
with Cabot Oil and Gas Corporation, in which the  department  determined
that  several  of  Cabot's wells had excessive pressures and/or insuffi-
cient or improper cemented casings that  allowed  methane  gas  to  vent
between or from behind various cemented casings to groundwater used as a
source of drinking water.
  4. In December 2011, the United States environmental protection agency
(EPA)  released a draft report entitled "Investigation of Ground Contam-
ination near Pavillion, Wyoming," in which the  agency  determined  that
high concentrations of benzene, xylenes, and other hydrocarbons detected
in  groundwater  samples  indicate  that  pits  previously  used for the
storage/disposal of drilling wastes and produced and flowback  waters  -
related  to  the  use  of HVHF - were a source of the contamination. EPA

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09481-02-3
              

S. 4046                             2

also determined that the impacts to groundwater could also be  explained
by  migration of chemicals from the wellbore during hydraulic fracturing
process.
  5.  Only  recently  has the scientific community begun to examine more
comprehensively the potential public health impacts associated with  the
accidental  release  of fracturing fluid and methane to the environment,
and related impacts associated with truck traffic and changes in  commu-
nity character.
  6.  Serious  potential  water-related  adverse  impacts  that  are the
subject of scientific concern include: Water resources could be  contam-
inated  during  many phases of HVHF; potential HVHF impacts could affect
surface and groundwater; Drinking water tainted by HVHF-associated chem-
icals could result in human health impacts; Exposure  to  water  contam-
inants  through  irrigated  crops  or  through eating fish from polluted
surface water could also result in health impacts; Excessive water with-
drawals for use in the HVHF process may lead to permanent  depletion  of
public and private water supplies; Drilling through multiple water bear-
ing  zones  increases  the potential for water to migrate between zones,
which could result in cross-contamination or the loss of freshwater.
  7. In particular, there are three comprehensive studies of HVHF-relat-
ed health impacts that are being undertaken at  the  state  and  federal
levels:
  (a)  A United States environmental protection agency (EPA) study enti-
tled, "Study of the Potential Impacts of Hydraulic Fracturing on  Drink-
ing  Water Resources." The purposes of the study is to assess the poten-
tial impacts of hydraulic fracturing on  drinking  water  resources,  if
any,  and  to  identify the driving factors that may affect the severity
and frequency of such impacts. Water samples are being taken in  several
of  the  states  that  allow  the  use  of HVHF. A final draft report is
expected to be released for public comment and peer review in 2014.
  (b) A Geisinger Health System study was announced in August 2012. This
study will review detailed health histories of hundreds of thousands  of
patients  who  live  near  wells and other facilities that are producing
natural gas from the Marcellus shale formation. Preliminary  results  of
data analysis may be released within the next year.
  (c)  A  study  of  HVHF-related  health  impacts recently announced by
researchers from the University of Pennsylvania  in  collaboration  with
scientists  from  Columbia,  Johns  Hopkins  and the University of North
Carolina.
  8. In recognition of the potential public health and  related  impacts
associated  with the use of HVHF, in September 2012, the commissioner of
environmental conservation requested that  the  commissioner  of  health
initiate a public health review of the revised draft supplemental gener-
ic  environmental impact statement (SGEIS), dated September 7, 2011, for
high volume hydraulic fracturing (HVHF) prepared by  the  department  of
environmental conservation (DEC).
  9. On February 12, 2013, the commissioner of health subsequently noti-
fied  the  commissioner  of  environmental  conservation that the public
health review was on-going and that the commissioner was evaluating  the
three  comprehensive  studies of HVHF-related health impacts in conjunc-
tion with outside experts.
  10. The purpose of this act is to assure the people of  the  state  of
New  York  that  all  potential  public  health  impacts  posed  by  the
extraction of natural gas by means of HVHF are being adequately  consid-
ered prior to the finalization of the revised SGEIS.

S. 4046                             3

  11.  Natural  gas  prices  have  declined  to the extent that industry
experts believe very limited HVHF would be conducted over  the  next  24
months in New York if HVHF is permitted. Little economic activity or job
creation  would  result  until  natural gas prices recover. The adequate
study  and consideration of health impacts therefore will have no impact
in the near term on job creation in HVHF shale areas.
  S 2. The commissioner of environmental conservation shall not  proceed
to  finalize  and publish the revised SGEIS prior to the expiration of a
24 month period following the effective date of this act  or  until  the
commissioner  of  health  determines  that the completion of the studies
deemed relevant by the commissioner of health have produced data  suffi-
cient  to  make  a  recommendation  to  the  department of environmental
conservation regarding the permitting of HVHF in the state.
  S 3. The commissioner of the department of environmental  conservation
shall  not  proceed  to  finalize  and  publish  the revised SGEIS prior
completion of the United States Environmental Protection  Agency  "Study
of  the  Potential  Impacts  of  Hydraulic  Fracturing on Drinking Water
Resources" and the Geisinger Marcellus Shale Initiative.
  S 4. This act shall take effect immediately.