Bill Text: NY A04726 | 2015-2016 | General Assembly | Introduced

---

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: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A04726 Detail]

Download: New_York-2015-A04726-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4726
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by M. of A. COLTON, ROSENTHAL, PAULIN, MILLER, JAFFEE, SCAR-
         BOROUGH,  ABINANTI,  CRESPO,  DINOWITZ,  WEINSTEIN,  WEPRIN,  SCHIMEL,
         RAMOS,  ROBERTS, SKARTADOS, PEOPLES-STOKES -- Multi-Sponsored by -- M.
         of A. BRENNAN, CLARK, CYMBROWITZ, GLICK, NOLAN,  ROBINSON,  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
    5  FLUID-DRIVEN  FRACTURING  TECHNIQUES  FOR  THE  PURPOSE  OF  STIMULATING
    6  NATURAL GAS OR OIL WELL PRODUCTION.  ANY FLUID USED IN SUCH A FRACTURING
    7  TECHNIQUE  SHALL  BE  DEEMED  A  "HYDRAULIC FRACTURING FLUID", INCLUDING
    8  WATER OR LIQUID PROPANE GAS.
    9    S 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    S 3. Subdivision 3 of section 23-0501 of the  environmental  conserva-
   17  tion law is renumbered subdivision 4 and a new subdivision 3 is added to
   18  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00454-01-5
       A. 4726                             2
    1    3.  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    S  4.  The  environmental  conservation law is amended by adding a new
    5  section 17-0513 to read as follows:
    6  S 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
   22  MAN-MADE FLUID-DRIVEN FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULAT-
   23  ING NATURAL GAS OR OIL WELL PRODUCTION.
   24    S 5. This act shall take effect immediately.