S T A T E O F N E W Y O R K
________________________________________________________________________
6651
2019-2020 Regular Sessions
I N S E N A T E
August 16, 2019
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Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
prohibiting waterless fracking
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 23-0505 to read as follows:
§ 23-0505. PROHIBITION ON WATERLESS FRACKING.
1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "HYDRAULIC FRACTURING" SHALL MEAN A PROCESS USED TO CREATE FRAC-
TURES THAT EXTEND FROM A BOREHOLE INTO ROCK FORMATIONS TO INCREASE OR
RESTORE THE RATE AT WHICH OIL OR GAS MAY BE PRODUCED FROM A WELL; AND
B. "WATERLESS FRACKING" SHALL MEAN HYDRAULIC FRACTURING WITHOUT THE
USE OF WATER.
2. NOTWITHSTANDING ANY OTHER PROHIBITION ON HYDRAULIC FRACTURING MADE
BY EXECUTIVE ORDER, BY ANY OTHER PROVISION OF LAW OR BY ANY OTHER
MANNER, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON
GRANTED A WELL PERMIT PURSUANT TO SECTION 23-0501 OF THIS TITLE SHALL
PERFORM ANY METHOD OF WATERLESS FRACKING.
3. NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO NULLIFY, LIMIT,
DIMINISH, ALTER, MODIFY OR AFFECT IN ANY WAY ANY PROHIBITION ON HYDRAU-
LIC FRACTURING MADE BY EXECUTIVE ORDER, BY ANY OTHER PROVISION OF LAW OR
BY ANY OTHER MANNER.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13641-01-9