Bill Text: NY A05974 | 2013-2014 | General Assembly | Amended


Bill Title: Enacts the "look before you leap act of 2014" to establish a 5 year moratorium on high volume hydraulic fracturing and the conducting of an investigation thereon.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2014-03-25 - print number 5974a [A05974 Detail]

Download: New_York-2013-A05974-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5974--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 12, 2013
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, MILLMAN, ROBERTS, DINOWITZ, MILLER,
         PAULIN, JAFFEE, COLTON, TITONE, CAHILL, MARKEY, WEISENBERG,  KAVANAGH,
         LIFTON,  SCHIMEL  -- Multi-Sponsored by -- M. of A. ABINANTI, BRENNAN,
         GLICK, GOTTFRIED, JACOBS, PERRY, ROSENTHAL, THIELE --  read  once  and
         referred to the Committee on Environmental Conservation -- recommitted
         to  the  Committee  on  Environmental  Conservation in accordance with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to enact the "look before you leap act of 2014" relating  to  the
         imposition  of a 5 year moratorium on high volume hydraulic fracturing
         for the purpose of  conducting  an  investigation  of  the  effect  of
         hydraulic fracturing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "look before you leap act of 2014."
    3    S  2.  Legislative  findings.  The  legislature  hereby finds that the
    4  drilling method, known as high-volume  hydraulic  fracturing  or  hydro-
    5  fracking,  carries significant environmental risks that impact land, air
    6  and water resources.
    7    The legislature further  finds  that  the  natural  gas  industry  has
    8  exemptions  or  exclusions from key parts of at least seven of the major
    9  federal environmental laws designed to protect air and water from radio-
   10  active and hazardous chemicals  including:  the  national  Environmental
   11  Policy  Act;  the  Clean Air Act; the Clean Water Act; the Safe Drinking
   12  Water Act; the Resource Conservation and  Recovery  Act;  the  Superfund
   13  Act; and the Emergency Planning and Community Right to Know Act.
   14    S  3.  (a)  There  is  hereby  established  a 5 year moratorium on the
   15  conducting of high volume hydraulic fracturing in this state to  provide
   16  an opportunity for the state to learn from the hydrofracking experiences
   17  of other states, which is necessitated by the exemptions, granted to the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09684-03-4
       A. 5974--A                          2
    1  natural  gas  industry, from major federal laws protecting our air, land
    2  and water from radioactive and toxic wastes, and to make a comprehensive
    3  and cumulative examination of the environmental impacts associated  with
    4  the  recent  rapid  expansion of hydrofracking across the United States,
    5  with particular emphasis on the natural  gas  boom  that  began  in  the
    6  neighboring state of Pennsylvania 3 years ago, and information therefrom
    7  shall  be available to the public concerning these cumulative impacts to
    8  our nation's air, land and water resources.
    9    (b) The state university of New York  university  centers  at  Albany,
   10  Binghamton, Buffalo and Stony Brook shall in cooperation with each other
   11  conduct  an  investigation  into  the  practice of high volume hydraulic
   12  fracturing in conformance with subdivision (a) of this  section.  On  or
   13  before  the  fifth  year  following the effective date of this act, such
   14  university centers shall jointly issue a report of  their  findings  and
   15  recommendations  as a result of the investigations conducted pursuant to
   16  this section. Such report  shall  be  submitted  to  the  governor,  the
   17  commissioner  of  environmental  conservation  and  the legislature, and
   18  shall be published and made available to the public.
   19    S 4. This act shall take effect immediately.
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