Senate Bill S3861

                                BILL NUMBER:S3861

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the use of hydraulic fracturing fluids

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide greater regulation of the use
of hydraulic fracturing fluids used for oil and gas drilling.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Department of Environmental Conservation
to develop the following rules and regulations:

*requiring the disclosure of hydraulic fracturing fluids; and,

*prohibiting the use of hydraulic fracturing fluids containing
chemicals that pose a risk to human health including, but not limited
to, fluids that are persistent, bioaccumulative and toxic (as defined
by the EPA) or are known mutagen.

*prohibit the issuance of drilling permits for wells proposing to use
hydraulic fracturing fluids until the DEC has adopted rules and
regulations.

              

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Amends section 23-0305 (8) (d) of the Environmental Conservation Law.

JUSTIFICATION:

New York is home to rich natural gas reserves. In 2006, there were
6,213 active natural, gas wells that generated a state record of 55.3
billion cubic feet of natural gas. The Marcellus formation that
extends from the Southern Tier into Ohio, Pennsylvania and West
Virginia is estimated to have $1 trillion worth of natural gas, and is
largely untapped. The rising price of natural gas has led to an
increased demand for new sources and made formation like the Marcellus
even more attractive.

The extraction of these reserves is accompanied by considerable risk
to the environment. In order to fully examine this risk, the Assembly
Environmental Conservation committee has held a series of hearings to
examine the environmental protections needed in the Department of
Environmental Conservation's (DEC) natural gas and oil drilling
regulatory structure in order to safeguard natural resources. In the
course of these hearings, much expert testimony was presented on
necessary steps to ensure the safety of New York's precious water
resources.

The use of hydraulic fracturing fluids represents one of the most
significant potential threats to New York's environment, including
water and soil resources. Because of the potential for such
environmental and human exposure, it makes sense to ensure that the
safest chemicals are used in such fluids and the contents are fully
disclosed.


PRIOR LEGISLATIVE HISTORY:

2010: S.8321/A.10091A
2011-2012: S.425/A.2922

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

EFFECTIVE DATE:

This act shall take effect 90 days after enactment.