Assembly Bill A10167

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10167
 
                           I N  A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to establish a moratorium upon the  acceptance,  use,  processing
   and/or  transport  of  any  natural  gas  that  has been produced by a
   hydraulic fracturing process occurring outside of the  state,  pending
   the  issuance  of  an  environmental  impact assessment thereon by 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, use, proc-
 essing and/or transport of any natural gas that has been produced  by  a
 hydraulic  fracturing  process  occurring  outside  of  this  state. The
 purpose of such moratorium shall be to afford the state  and  its  resi-
 dents the opportunity to review an environmental impact assessment to be
 issued by the department of environmental conservation on the effects of
 acceptance,  use,  processing  and/or  transporting of gas that has been
 produced by a hydraulic fracturing process on the environment.
   (b) For the purpose of this section "hydraulic fracturing" shall  mean
 the  fracturing  of  rock by man-made fluid-driven fracturing techniques
 for the purpose of stimulating natural gas or oil well production.
   § 2. 1. The department of environmental conservation shall  conduct  a
 comprehensive  environmental  impact  assessment,  to  examine potential
 environmental impacts that could be caused by the acceptance, use, proc-
 essing and/or transport of any natural gas that has been produced  by  a
 hydraulic fracturing process occurring outside of this state. Such envi-
 ronmental  impact  assessment shall include, at a minimum, the following
 analyses:
   (a) identification and assessment of potential localized and statewide
 environmental impacts from the acceptance, use, processing and/or trans-
 port of any natural gas that has been produced by a hydraulic fracturing
 process occurring outside of this state;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15136-01-8

 A. 10167                            2
 
   (b) identification and assessment of potential  environmental  impacts
 determining  the  magnitude,  nature, extent and likelihood of potential
 environmental impacts utilizing multiple methods and information derived
 from a combination of environmental  tools  including  risk  assessment,
 literature, population analysis and expert opinions from multiple sourc-
 es;
   (c)  identification  and assessment of potential environmental impacts
 as they relate to environmental justice concerns;
   (d) estimated costs of any environmental impacts from the  acceptance,
 use,  processing  and/or  transport  of  any  natural  gas that has been
 produced by a hydraulic fracturing process  occurring  outside  of  this
 state and related activities to state and local governments;
   (e)  recommendations  for  any  mitigation  of potential environmental
 impacts and the methods and evidence used to arrive at such  recommenda-
 tions,  which  may  include potential recommendations against any or all
 acceptance, use, processing and/or transport of any natural gas that has
 been produced by a hydraulic fracturing  process  occurring  outside  of
 this state; and
   (f)  a  long-term plan for monitoring, evaluation, follow-up and miti-
 gation of potential environmental impacts of the acceptance, use,  proc-
 essing  and/or  transport of any natural gas that has been produced by a
 hydraulic fracturing process occurring outside of this state.
   2. Upon  completion  of  the  environmental  impact  assessment,  such
 assessment  shall  be submitted to the governor, the temporary president
 of the senate and the speaker of the assembly.
   § 3. This act shall take effect immediately, and shall expire  and  be
 deemed repealed on the one hundred twentieth day after the department of
 environmental  conservation  issues  an  assessment on the environmental
 impact of the  acceptance,  use,  processing  and/or  transport  of  any
 natural  gas  that  has  been produced by a hydraulic fracturing process
 occurring outside of this state on the environment.  Provided, that  the
 commissioner  of environmental conservation shall notify the legislative
 bill drafting commission upon the issuance by the department of environ-
 mental conservation of the assessment on the effects of the  acceptance,
 use,  processing  and/or  transport  of  any  natural  gas that has been
 produced by a hydraulic fracturing process  occurring  outside  of  this
 state  or the environment as referred to in section two of this act, and
 the submission to the governor and the legislature of such assessment 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 legisla-
 tive law and section 70-b of the public officers law.