senate Bill S3875

2013-2014 Legislative Session

Suspends hydraulic fracturing for the extraction of natural gas or oil

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Archive: Last Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2013 recommit, enacting clause stricken
Feb 26, 2013 referred to environmental conservation

S3875 - Bill Details

Current Committee:
Law Section:
Environmental Conservation
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5592
2009-2010: S8129B

S3875 - Bill Texts

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Suspends hydraulic fracturing for the extraction of natural gas or oil; suspends the issuance of new permits for such drilling.

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BILL NUMBER:S3875

TITLE OF BILL: An act to suspend hydraulic fracturing; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
prohibit the issuance of new gas and/or oil permits for well drilling
that involves hydraulic fracturing (hydrofracking).

SUMMARY OF SPECIFIC PROVISIONS: This bill would suspend, until June
1, 2014, the issuance of new permits for the drilling of a well that
would utilize the practice of hydraulic fracturing for the purpose of
stimulating natural gas or oil in low permeability natural gas
reservoirs such as the Marcellus and Utica shale formations.

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 until June 1, 2014, will provide the Legislature with
additional time to assess the true environmental impacts of hydraulic
fracturing. This bill will also help ensure the Legislature has
adequate time to review DEC's Draft Supplemental Generic Environmental
Impact Statement (DSGEIS) once it is produced.

Gas drilling carries with it the risk of accidents, including spills
and blow-outs. There are also impacts on the communities in which
shale gas production is located including increased traffic, noise and
habitat destruction; however, one of the biggest concerns is water
safety. The large withdrawals of water required for hydrofracking
could disrupt surface and ground water ecosystems. In addition,
improper management of drilling and hydrofracking chemicals and
drilling waste could pollute surface water and/or groundwater.

Given the complexities of the environmental and policy issues under
consideration, there is an urgent need for an extension of the
suspension of the permitting process involving hydraulic fracturing.
Such a moratorium will allow for a thorough, deliberate and unrushed
analysis of all of the factors involved.

PRIOR LEGISLATIVE HISTORY: 01/18/12 Referred to environmental
conservation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed repealed on December 31, 2014.

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

                                  3875

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to suspend hydraulic fracturing; and providing for the repeal  of
  such provisions upon expiration thereof

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

  Section 1. There is hereby established a suspension of the issuance of
new permits for the drilling of a well which utilizes  the  practice  of
hydraulic  fracturing  for the purpose of stimulating natural gas or oil
in low permeability natural gas reservoirs, such as  the  Marcellus  and
Utica shale formations.
  The  purpose  of  such suspension shall be to afford the state and its
residents the opportunity to continue the review  and  analysis  of  the
effects  of hydraulic fracturing on water and air quality, environmental
safety and public health.
  For the purposes of this section, "hydraulic  fracturing"  shall  mean
the  fracturing  of rock by fluid for the purpose of stimulating natural
gas or oil for any purpose.
  This section shall not apply to permits issued prior to the  effective
date  of this act which utilize hydraulic fracturing that are subject to
renewal.
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed December 31, 2014.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07747-01-3

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