senate Bill S448

2013-2014 Legislative Session

Establishes a moratorium on disposal of fluids used in hydraulic fracturing occurring outside the state until 120 days after federal EPA issues report thereon

download bill text pdf

Sponsored By

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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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S448 - Details

Current Committee:
Law Section:
Environmental Conservation
Versions Introduced in Previous Legislative Sessions:
2011-2012: A300A, S6097
2009-2010: A10710

S448 - Summary

Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in and drill cuttings from a hydraulic fracturing process performed outside of the state until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health, and submission of proof to the governor and legislature that the department of environmental conservation is capable of effectively regulating hydraulic fracturing drilling fluids, drill cutting and soil disposal.

S448 - Sponsor Memo

S448 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

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

AN ACT to establish a moratorium upon the disposal and/or processing  of
  any  fluid  which was used in and cuttings from a hydraulic fracturing
  process outside of the state pending the issuance of a report  thereon
  by  the federal Environmental Protection Agency and certain justifica-
  tions from the department of environmental conservation; and providing
  for the repeal of such provisions upon the expiration thereof


  Section  1.  (a) Notwithstanding any provision of law to the contrary,
there is hereby established a moratorium upon the  acceptance,  disposal
and/or processing of any drilling fluid or drill cuttings in this state,
when  such drilling fluid or drill cuttings has been used in a hydraulic
fracturing process occurring outside of this state.  The purpose of such
moratorium shall be to afford the state and its residents  the  opportu-
nity  to  review  a  report  to  be  issued by the federal Environmental
Protection Agency on the  effects  of  hydraulic  fracturing  on  public
  (b) For the purposes of this section, the following terms shall mean:
  (i)  "Drill  cuttings" shall mean solid products removed from the well
bore during an oil or gas well drilling operation.
  (ii) "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
  (iii)  "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.

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


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