Senate Bill S4099

                                
 
BILL NUMBER: S4099

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting horizontal drilling and high-volume hydraulic fracturing

 
PURPOSE:

The purpose of this legislation is to permanently ban horizontal drill-
ing, high-volume hydraulic fracturing, and gelled propane hydraulic
fracturing.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends Article 23 of the environmental conservation law to
create a new title 29. Title 29 defines the terms "high-volume hydraulic
fracturing" and "gelled propane hydraulic fracturing". This article
prohibits the practice of "high-volume hydraulic fracturing" and "gelled
propane hydraulic fracturing".
              

Section 2 - Effective Date - Immediately.

 
EXISTING LAW:

Currently, New York does not permit Horizontal Drilling and High-Volume
Hydraulic Fracturing based on the findings of the NYS Department of
Environmental Conservation's findings.

 
JUSTIFICATION:

This act permanently bans Horizontal Drilling and High-Volume Hydraulic
Fracturing (HVHF) and Gelled Propane Hydraulic Fracturing (GPHF) in New
York State given significant risks and harms to public health and the
environment.

The act codifies the New York State Department of Environmental Conser-
vation's (NYSDEC) SEQR Findings Statement on horizontal drilling and
HVHF issued on June 29, 2015. Following an extensive seven-year review,
the NYSDEC's findings prohibited horizontal drilling and HVHF given
significant adverse impacts. The state's findings, and Governor Cuomo's
announcement of the prohibition, set an important environmental and
public health precedent in the United States and internationally,
followed soon after by other states and nations like Maryland and
Ireland.

Since 2015, the scientific evidence demonstrating serious public health
and environmental harms from horizontal drilling and HVHF has become
even clearer with hundreds of additional peer-reviewed studies. Scien-
tific studies have linked horizontal drilling and HVHF to increased
rates of hospitalization, respiratory illnesses, reproductive risks
including low birth weight and preterm births, and other health impacts.
The dangers to at-risk populations - especially children, the elderly,
and those with pre-existing conditions - are especially high. There are
significant risks of water contamination, as demonstrated by many inde-
pendent scientific studies and the U.S.  Environmental Protection Agen-
cy's 2016 Final Report "Hydraulic Fracturing for Oil and Gas: Impacts
from the Hydraulic Fracturing Water Cycle on Drinking Water Resources in
the United States." These studies, including the U.S. EPA's findings,
have identified several inherent problems and pathways to water contam-
ination. Horizontal drilling and HVHF leak and release significant meth-
ane and other greenhouse gas emissions, making the process harmful to
climate change and New York State's commitment to leading on the issue
nationally and internationally.

The evidence is clear: horizontal drilling and HVHF pose significant and
unacceptable risks to New York's drinking water, air quality, environ-
ment, climate, and public health.

Additionally, this act serves to prohibit hydraulic fracturing that uses
propane - including liquefied or gelled propane, known as a liquefied
petroleum gas ("LPG") - given significant adverse impacts.  Following
the 2015 HVHF ban in New York, the oil and gas industry has sought to
obtain permits to hydraulically fracture shale formations using high-
explosive gelled propane. Fracturing with propane presents risks similar
to and beyond those identified in the Final Supplemental Generic Envi-
ronmental Impact Statement ("FSGEIS") for HVHF, including, but not
limited to, groundwater contamination, harmful air emissions, radioac-
tive wastes, dangers in transport of LPG, public health impacts, explo-
sions, and other risks to public safety.

The main component used in gelled propane fracturing is extremely flamm-
able propane gas. Propane gas is heavier than air and pools on the
ground when leaked create the threat of explosions. Furthermore gelled
propane fracturing, includes the use of many toxic additives, gelling
agents, breakers and crosslinkers, and chemicals such as surfactants,
iron salts, amines, and other contaminants. In addition, as with HVHF,
gelled propane fracturing requires the disposal of toxic materials after
fracturing is complete. These materials include flammable gases that
pose environmental and public health risks.  Gelled propane hydraulic
fracturing also requires trucking these materials, which pose a signif-
icant danger from risk of exploding in accidents.

The legislative ban on Horizontal Drilling and High-Volume Hydraulic
Fracturing (HVHF) and Gelled Propane Hydraulic Fracturing (GPHF) aligns
with New York's long tradition of pioneering leadership on environmental
protection, public health, and climate change.

 
LEGISLATIVE HISTORY:

2019/20 56906 - COMMITTED TO RULES

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.