Senate Bill S4236A

                                BILL NUMBER:S4236

TITLE OF BILL:  An act suspending the issuance of permits for the
drilling of wells for natural gas extraction in certain areas; and
providing for the repeal of such provision upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this bill is to
impose a moratorium on the issuance of certain natural gas drilling
permits and to require the completion of a comprehensive health impact
assessment.

SUMMARY OF PROVISIONS:  This bill would suspend, until May 15, 2015,
the issuance of permits for natural gas extraction in low permeability
natural gas reservoirs such as the Marcellus and Utica shale
formations and would require a school of public health to conduct a
comprehensive health impact assessment complete with public comment
and review.

JUSTIFICATION:  The potential development of natural gas drilling in
low permeability natural gas reservoirs such as the Marcellus and
Utica Shale formations has led to robust debate regarding the safety
of the process and the protection of the environment.

Delaying the Department of Environmental Conservation's (DEC) ability
to issue permits will provide the Legislature with additional time to
assess the true public health and environmental impacts of hydraulic
              

                                BILL NUMBER:S4236B

TITLE OF BILL:  An act suspending the issuance of permits for the
drilling of wells for natural gas extraction in certain areas; and
providing for the repeal of such provision upon expiration thereof

PURPOSE OF BILL:  The purpose of this bill is to impose a moratorium
on the issuance of certain natural gas drilling permits.

SUMMARY OF PROVISIONS:  This bill would prohibit horizontal drilling
and high-volume hydraulic fracturing for natural gas or oil drilling
for three years.

JUSTIFICATION:  High volume horizontal hydraulic fracturing (HVHF) is
a method of extracting natural gas from underground shale formations.
The HVHF process typically includes the introduction of millions of
gallons of fracturing fluid - a mixture of water, proppants and
chemicals - under high pressure into a previously drilled wellbore.
Oil and gas development utilizing HVHF involves the use and/or
production of numerous toxic and hazardous air and water contaminants,
a number of them known or suspected carcinogens. Oil and gas
development utilizing HVHF has also been associated with a range of
adverse environmental impacts, including impacts to water and air
quality, land and habitat, and community character. Oil and gas
development utilizing HVHF has also been associated with a range of
reported impacts to human health, including respiratory,
              

cardiovascular, neurological and immune system ailments, as well as
birth defects.  Only recently, however, has the scientific community
begun to examine more comprehensively the potential public health
impacts associated with oil and gas development utilizing HVHF.

A number of the most recently published scientific papers relating to
the potential health impacts associated with oil and gas development
utilizing HVHF suggest reasons for concern. For example, recent
studies in Colorado and Pennsylvania have indicated an increased risk
of birth defects for children born to mothers living in close
proximity to natural gas wells. In addition, researchers in Colorado
have found increased levels of air and water pollutants that have been
shown to pose risks to human health, as well as increased risk of
cancer and endocrinological disorders, within close proximity to gas
wells.

The people of the state of New York should be properly informed of any
and all potential public health impacts posed by horizontal gas
drilling utilizing HVHF and their related activities. Such analysis
and information should serve as a tool for the people and their
representatives to make informed decisions regarding actions to be
taken with respect to horizontal gas drilling and HVHF activities in
the state. There are currently a number of important and potentially
significant health impact studies underway that may produce
information that will allow for better informed decision making
regarding horizontal gas drilling and HVHF activities in New York. For
example, key studies are being undertaken by Geisinger Health System
(in Pennsylvania), the University of Pennsylvania Center for
Excellence in Environmental Toxicology, Colorado State University, the
University of Colorado at Boulder and Duke University, as well as by
the federal Agency for Toxic Substances Disease Registry and the


National Institute for Occupational Safety and Health. Most of these
studies are not expected to produce meaningful results for a period of
three or more years.

Delaying the Department of Environmental Conservation's (DEC) ability
to issue permits will provide the Legislature with additional time to
assess the true public health and environmental impacts of hydraulic
fracturing. This bill will also help ensure the Legislature has
adequate time to review DEC's Supplemental Generic Environmental
Impact Statement (SGEIS) once it is produced. Such a moratorium will
allow for a thorough, deliberate and unrushed analysis of all of the
factors involved.

PRIOR LEGISLATIVE HISTORY:  2013: A.5424-A (Sweeney) - Passed the
Assembly.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect immediately and shall be
deemed thirty-six months after enactment.