senate Bill S4236B

2013-2014 Legislative Session

Suspends the issuance of permits for drilling wells for natural gas extraction in certain areas

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Archive: Last Bill Status - In Committee


  • 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 10, 2014 print number 4236b
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Mar 25, 2013 print number 4236a
amend and recommit to environmental conservation
Mar 15, 2013 referred to environmental conservation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4236 - Bill Details

See Assembly Version of this Bill:
A5424B
Current Committee:
Law Section:
Environmental Conservation

S4236 - Bill Texts

view summary

Suspends the issuance of permits for drilling wells for natural gas extraction in certain areas.

view sponsor memo
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
fracturing and will provide the opportunity for the completion of a
comprehensive health impact assessment. 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: This is a new bill, but similar
legislation, A.11443-B - Rules (Sweeney), was vetoed in 2010.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed repealed on May 15, 2014.

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

                                  4236

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

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

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

  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
permits  for  the  drilling  of a well for natural gas extraction in low
permeability natural gas pools 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  any
potential  effects  on  water  and air quality, environmental safety and
public health.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed May 15, 2014.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09142-01-3

Co-Sponsors

view additional co-sponsors

S4236A - Bill Details

See Assembly Version of this Bill:
A5424B
Current Committee:
Law Section:
Environmental Conservation

S4236A - Bill Texts

view summary

Suspends the issuance of permits for drilling wells for natural gas extraction in certain areas.

view sponsor memo
BILL NUMBER:S4236A

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 SPECIFIC 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
fracturing and will provide the opportunity for the completion of a
comprehensive health impact assessment. 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:

This is a new bill, but similar legislation, A.11443-B -Rules
(Sweeney), was vetoed in 2010.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed repealed on
May 15, 2015.

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

                                 4236--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

  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
permits for the drilling of a well for natural  gas  extraction  in  low
permeability  natural  gas  pools  such as the Marcellus and Utica shale
formations.
  S 2. 1. A school of public health within the state university  of  New
York  shall conduct a comprehensive health impact assessment following a
model recommended by the centers for disease control and  prevention  to
examine  potential  public  health  impacts  that could be caused by the
extraction of natural gas  using  horizontal  drilling  and  high-volume
hydraulic  fracturing.  For  the  purposes  of  this  act, health impact
assessment shall mean a combination of procedures, methods, and tools by
which a policy, program, or project may be judged as  to  its  potential
effects  on  the  health  of a population, and the distribution of those
effects within the population.
  2. Prior to the commencement of such assessment, the school of  public
health  conducting such assessment shall prepare a scoping document that
will establish the parameters of the health impact assessment. The scop-
ing document shall include the analyses contained in this act,  as  well
as any other potential analyses to be conducted, and shall be subject to
public review, comment and revision.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09142-03-3

S. 4236--A                          2

  3.  Such  health  impact  assessment  of the extraction of natural gas
using horizontal drilling and  high-volume  hydraulic  fracturing  shall
include, at a minimum, the following analyses:
  (a)  Identification and assessment of the magnitude, nature and extent
of potential localized and statewide health impacts  utilizing  multiple
methods  and  information  derived  from  a combination of public health
tools including risk assessment, scientific literature,  and  population
analysis;
  (b)   Identification   and  assessment  of  disparate  community-level
impacts;
  (c) Estimated costs of any health impacts to the state, local  govern-
ments,  health  insurers,  employers  and the state's public and private
health care systems as a whole;
  (d) Recommendations for any mitigation of potential health impacts and
the methods and evidence used to arrive at such recommendations; and
  (e) A long-term plan for monitoring, evaluating, tracking and mitigat-
ing potential health impacts.
  4. A draft of such health impact  assessment  shall  be  released  for
public  review  and comment. The school of public health conducting such
assessment shall conduct a minimum of two public hearings regarding  the
findings  of  the  draft health impact assessment and allow at least one
hundred twenty days for the public to submit comments.  Upon the closing
of the public comment period, such school of public health  shall  cate-
gorize, review and respond to all public comments. If substantive chang-
es  to  the  health  impact  assessment  are  made as a result of public
comments, such school of public health shall issue a revised draft. Such
revised draft shall similarly be subject to public comment  and  review,
in compliance with the parameters set out for the initial draft.
  5.  After responding to all public comments as required by subdivision
four of this section, and upon completion of the health  impact  assess-
ment,  such  school  of  public health shall submit the completed health
impact assessment to the  New  York  state  department  of  health.  The
department  of health shall make such health impact assessment available
to the public and deliver copies to the legislature and the governor for
review.
  6. The health impact assessment required under subdivision one of this
section shall be completed within ninety days  after  the  final  public
comment period, but in no event shall such assessment be completed later
than April 15, 2015.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed May 15, 2015.

Co-Sponsors

view additional co-sponsors

S4236B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5424B
Current Committee:
Law Section:
Environmental Conservation

S4236B (ACTIVE) - Bill Texts

view summary

Suspends the issuance of permits for drilling wells for natural gas extraction in certain areas.

view sponsor memo
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.

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

                                 4236--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sens. AVELLA, ADDABBO, BRESLIN, CARLUCCI, DILAN, ESPAIL-
  LAT, GIANARIS, GIPSON, HASSELL-THOMPSON,  HOYLMAN,  KRUEGER,  LATIMER,
  MARTINS,  MONTGOMERY, O'BRIEN, PARKER, PERALTA, PERKINS, RIVERA, SAVI-
  NO, SERRANO, SQUADRON,  STAVISKY,  STEWART-COUSINS,  TKACZYK  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Environmental Conservation -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section 1. No horizontal natural gas or oil  drilling  or  high-volume
hydraulic fracturing shall be conducted in the state, and the department
of environmental conservation shall issue no permits for the drilling of
a  well  for extraction of oil or natural gas that would involve the use
of horizontal drilling or high-volume hydraulic fracturing.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed 36 months after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09142-07-4

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