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

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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
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S448 - Bill Details

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

S448 - Bill Texts

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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.

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BILL NUMBER:S448

TITLE OF BILL:
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 justifications from the department of environmental
conservation;
and providing for the repeal of such provisions upon the
expiration thereof

SUMMARY OF PROVISIONS:
The bill would place a moratorium on the
importation of any hydraulic fracturing fluids until 120 days after
the issuance of the EPA 2-year comprehensive study of potential
adverse impacts of hydraulic fracturing and fracturing fluids on
water quality and public health.

JUSTIFICATION:
EPA announced on March 18, 2010 that it would be
conducting a comprehensive 2-year research study to investigate the
potential adverse impacts that hydraulic fracturing and fracturing
fluids may have on water quality and public health. The fracturing
fluids are composed of dozens of chemicals that act as surfactants
for the sand that forms a large part of these fluids.
Drilling operations in other states are sending their waste cutting
fluids into New York for disposal without any testing or analysis of
these fluids. Until the impacts of use and disposal of these fluids
are properly evaluated, it is inappropriate to dispose of them in New
York.

LEGISLATIVE HISTORY:
2011-12: S.6097/A.300A (Maisel)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act would take effect immediately, and expire 120 days
after issuance of the EPA report.

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

                                   448

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             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

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

  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
health.
  (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
drilling.
  (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.
                                                           LBD03380-01-3

S. 448                              2

  (c) Notwithstanding any other provision of this  act,  the  moratorium
established  by  subdivision  (a) of this section shall not be rescinded
until the department of environmental conservation shall  have  provided
the  governor  and  the  legislature  with proof that such department is
capable of:
  (i) administering a program for the regulation of hydraulic fracturing
drilling fluids, drill cuttings and soil disposal;
  (ii)  demonstrating the ability to identify all chemical components of
drilling fluids;
  (iii) establishing monitoring and detection requirements for low-level
radioactive materials in drill cuttings and soils from hydraulic  drill-
ing operations;
  (iv) conducting inspections of any facilities that contract to receive
hydraulic fracturing drilling fluids, drill cutting and soil;
  (v)  establishing appropriate monitoring requirements of any hydraulic
fracturing drilling fluids, drill cuttings and soils to be  disposed  of
in  this  state, for the presence of low-level radioactive material from
the hydraulic fracturing drilling process; and
  (vi) enforcing all provisions of paragraphs (i) through  (v)  of  this
subdivision.
  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed on the one hundred twentieth day after the federal Envi-
ronmental Protection Agency issues a report on the effects of  hydraulic
fracturing  on water quality and public health, or the submission to the
governor and the legislature of the proof required by subdivision (c) of
section one of this act, whichever shall be later.   Provided, that  the
commissioner  of environmental conservation shall notify the legislative
bill drafting commission upon the issuance by the federal  Environmental
Protection  Agency  of the report on the effects of hydraulic fracturing
on water quality and public health referred to  in  subdivision  (a)  of
section  one  of  this  act,  and the submission to the governor and the
legislature of the proof required by subdivision (c) of section  one  of
this  act  in  order  that  such commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of New York in furtherance of effectuating the provisions of section  44
of the legislative law and section 70-b of the public officers law.

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