The New York State Senate

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

                                  1685

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  COLTON,  ROSENTHAL,  MAISEL, PAULIN, MILLER,
  JAFFEE, JACOBS, STEVENSON, SCARBOROUGH, WEISENBERG, KELLNER,  MILLMAN,
  ABINANTI,   CRESPO,   DINOWITZ,  WEINSTEIN,  WEPRIN,  SCHIMEL,  RAMOS,
  ROBERTS, SKARTADOS, PEOPLES-STOKES -- Multi-Sponsored by -- M.  of  A.
  BRENNAN,  CLARK, CYMBROWITZ, GIBSON, GLICK, NOLAN, ROBINSON, THIELE --
  read once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  use  of hydraulic fracturing and the disposal and/or
  processing of any fluid which was used in a hydraulic fracturing proc-
  ess

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

  Section  1.  Paragraph  b  of  subdivision 1 of section 23-0501 of the
environmental conservation law is amended by adding a new subparagraph 4
to read as follows:
  (4) "HYDRAULIC  FRACTURING"  MEANS  FRACTURING  OF  ROCK  BY  MAN-MADE
FLUID-DRIVEN  FRACTURING  TECHNIQUES  FOR  THE  PURPOSE  OF  STIMULATING
NATURAL GAS OR OIL WELL PRODUCTION.  ANY FLUID USED IN SUCH A FRACTURING
TECHNIQUE SHALL BE DEEMED  A  "HYDRAULIC  FRACTURING  FLUID",  INCLUDING
WATER OR LIQUID PROPANE GAS.
  S  2. Section 23-0305 of the environmental conservation law is amended
by adding a new subdivision 15 to read as follows:
  15. THE DEPARTMENT SHALL NOT ISSUE A PERMIT FOR THE DRILLING OR OPERA-
TION OF ANY WELL PROPOSING TO  USE  HYDRAULIC  FRACTURING  OR  HYDRAULIC
FRACTURING  FLUIDS,  AS  SUCH  TERMS ARE DEFINED BY SUBPARAGRAPH FOUR OF
PARAGRAPH B OF SUBDIVISION ONE OF SECTION 23-0501 OF THIS  ARTICLE,  FOR
THE EXTRACTION OF GAS AND/OR OIL.
  S  3.  Subdivision 3 of section 23-0501 of the environmental conserva-
tion law is renumbered subdivision 4 and a new subdivision 3 is added to
read as follows:

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

                                                           LBD03421-01-3

A. 1685                             2

  3. THE DEPARTMENT SHALL NOT ISSUE A PERMIT FOR THE DRILLING OR  OPERA-
TION  OF  ANY  WELL  PROPOSING  TO USE HYDRAULIC FRACTURING OR HYDRAULIC
FRACTURING FLUIDS FOR THE EXTRACTION OF GAS AND/OR OIL.
  S  4.  The  environmental  conservation law is amended by adding a new
section 17-0513 to read as follows:
S 17-0513. PROHIBITION ON ACCEPTANCE, DISPOSAL AND/OR PROCESSING OF  ANY
             FLUID USED IN A HYDRAULIC FRACTURING PROCESS.
  1.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, THE ACCEPTANCE, DISPOSAL AND/OR  PROCESSING  OF  ANY  DRILLING
FLUIDS  OR  DRILL  CUTTINGS  IN THIS STATE, WHEN SUCH DRILLING FLUIDS OR
DRILL CUTTINGS HAVE BEEN USED IN  A  HYDRAULIC  FRACTURING  PROCESS,  IS
PROHIBITED.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A)  "DRILLING  FLUIDS"  SHALL  MEAN  DRILLING MUD, CHEMICAL ADDITIVES
CONTAINED IN OR ADDED TO DRILLING FLUIDS DURING THE HYDRAULIC FRACTURING
DRILLING PROCESS, FLOW BACK WATER THAT RETURNS TO THE SURFACE AFTER  THE
HYDRAULIC  FRACTURING PROCESS, OR ANY OTHER RESIDUAL LIQUIDS INVOLVED IN
DRILLING.
  (B) "DRILL CUTTINGS" SHALL MEAN SOLID PRODUCTS REMOVED FROM  THE  WELL
BORE DURING AN OIL OR GAS WELL DRILLING OPERATION.
  (C)  "HYDRAULIC  FRACTURING"  SHALL  MEAN  THE  FRACTURING  OF ROCK BY
MAN-MADE FLUID-DRIVEN FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULAT-
ING NATURAL GAS OR OIL WELL PRODUCTION.
  S 5. This act shall take effect immediately.