Bill Text: NY A04027 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the use of hydraulic fracturing in the extraction of oil and gas; prohibits acceptance, disposal and/or processing of any fluid used in a hydraulic fracturing process.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A04027 Detail]

Download: New_York-2021-A04027-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4027

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of A. COLTON, L. ROSENTHAL, ABINANTI, RAMOS, PAULIN,
          DINOWITZ, WEPRIN, M. MILLER, PEOPLES-STOKES, SIMON --  Multi-Sponsored
          by  -- M. of A. CYMBROWITZ, GLICK, NOLAN, J. D. RIVERA, THIELE -- read
          once and referred to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the  use  of hydraulic fracturing and the disposal and/or
          processing of any fluid which was used in a hydraulic fracturing proc-
          ess

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  b  of  subdivision 1 of section 23-0501 of the
     2  environmental conservation law is amended by adding a new subparagraph 4
     3  to read as follows:
     4    (4) "Hydraulic fracturing" means fracturing of rock by man-made fluid-
     5  driven fracturing techniques for the purpose of stimulating natural  gas
     6  or  oil  well production.  Any fluid used in such a fracturing technique
     7  shall be deemed a  "hydraulic  fracturing  fluid",  including  water  or
     8  liquid propane gas.
     9    §  2. Section 23-0305 of the environmental conservation law is amended
    10  by adding a new subdivision 15 to read as follows:
    11    15. The department shall not issue a permit for the drilling or opera-
    12  tion of any well proposing to  use  hydraulic  fracturing  or  hydraulic
    13  fracturing  fluids,  as  such  terms are defined by subparagraph four of
    14  paragraph b of subdivision one of section 23-0501 of this  article,  for
    15  the extraction of gas and/or oil.
    16    §  3.  Subdivision 4 of section 23-0501 of the environmental conserva-
    17  tion law, as renumbered by section 1 of part WW of  chapter  58  of  the
    18  laws  of  2020,  is  renumbered subdivision 5 and a new subdivision 4 is
    19  added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06124-01-1
        A. 4027                             2

     1    4. The department shall not issue a permit for the drilling or  opera-
     2  tion  of  any  well  proposing  to use hydraulic fracturing or hydraulic
     3  fracturing fluids for the extraction of gas and/or oil.
     4    §  4.  The  environmental  conservation law is amended by adding a new
     5  section 17-0513 to read as follows:
     6  § 17-0513. Prohibition on acceptance, disposal and/or processing of  any
     7               fluid used in a hydraulic fracturing process.
     8    1.  Notwithstanding  any  provision  of law, rule or regulation to the
     9  contrary, the acceptance, disposal and/or  processing  of  any  drilling
    10  fluids  or  drill  cuttings  in this state, when such drilling fluids or
    11  drill cuttings have been used in  a  hydraulic  fracturing  process,  is
    12  prohibited.
    13    2. For the purposes of this section:
    14    (a)  "Drilling  fluids"  shall  mean  drilling mud, chemical additives
    15  contained in or added to drilling fluids during the hydraulic fracturing
    16  drilling process, flow back water that returns to the surface after  the
    17  hydraulic  fracturing process, or any other residual liquids involved in
    18  drilling.
    19    (b) "Drill cuttings" shall mean solid products removed from  the  well
    20  bore during an oil or gas well drilling operation.
    21    (c)  "Hydraulic  fracturing" shall mean the fracturing of rock by man-
    22  made fluid-driven fracturing techniques for the purpose  of  stimulating
    23  natural gas or oil well production.
    24    § 5. This act shall take effect immediately.