Bill Text: NY A06540 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires certificates of competence for utilization of a derrick or other drilling equipment for the purposes of hydraulic fracturing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-05 - held for consideration in environmental conservation [A06540 Detail]
Download: New_York-2011-A06540-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6540
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring certificates of competence for utilization of a derrick for
the purposes of hydraulic fracturing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph of subdivision 8 of section 23-0305
2 of the environmental conservation law, as amended by chapter 846 of the
3 laws of 1981, is amended and a new paragraph 1 is added to read as
4 follows:
5 With respect to oil pools or fields and natural gas pools or fields,
6 the department shall [have power to]:
7 1. REQUIRE THAT WITH ANY APPLICATION SUBMITTED FOR THE PURPOSE OF
8 ACQUIRING A PERMIT TO DRILL AN OIL OR GAS WELL, WHEN SUCH DRILLING IS TO
9 BE CONDUCTED FOR THE PURPOSE OF HYDRAULIC FRACTURING, A CERTIFICATE OF
10 COMPETENCE BE SUBMITTED FOR EACH PERSON WHO MAY OPERATE ANY DRILLING
11 EQUIPMENT IN CONNECTION WITH SUCH DRILLING, INCLUDING THE DERRICK, ALL
12 PARTS AND APPURTENANCES TO SUCH STRUCTURE, AND EVERY PIECE OF APPARATUS,
13 MACHINERY OR EQUIPMENT USED, ERECTED OR MAINTAINED FOR USE IN CONNECTION
14 WITH DRILLING; AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
15 NECESSARY WITH REGARD TO THE QUALIFICATIONS, SUBMISSIONS AND PROCEDURES
16 REQUIRED IN ORDER FOR AN INDIVIDUAL TO ACQUIRE SUCH A CERTIFICATE OF
17 COMPETENCE. FOR THE PURPOSES OF THIS PARAGRAPH, "HYDRAULIC FRACTURING"
18 SHALL MEAN THE FRACTURING OF ROCK BY MAN-MADE FRACTURING TECHNIQUES FOR
19 THE PURPOSE OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION.
20 S 2. Subdivision 3 of section 23-0501 of the environmental conserva-
21 tion law is renumbered subdivision 4 and a new subdivision 3 is added to
22 read as follows:
23 3. A. IN ADDITION TO THE SUBMISSIONS REQUIRED IN ORDER TO OBTAIN A
24 PERMIT TO DRILL AN OIL OR GAS WELL PURSUANT TO THIS SECTION OR THE RULES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09104-01-1
A. 6540 2
1 OR REGULATIONS OF THE DEPARTMENT, A CERTIFICATE OF COMPETENCE SHALL BE
2 REQUIRED FOR EACH PERSON WHO MAY OPERATE ANY DRILLING EQUIPMENT FOR THE
3 PURPOSES OF HYDRAULIC FRACTURING.
4 B. FOR PURPOSES OF THIS SUBDIVISION:
5 (1) "HYDRAULIC FRACTURING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE
6 FRACTURING TECHNIQUES FOR THE PURPOSE OF STIMULATING NATURAL GAS OR OIL
7 WELL PRODUCTION.
8 (2) "DRILLING EQUIPMENT" MEANS THE DERRICK, ALL PARTS AND APPURTENANC-
9 ES TO SUCH STRUCTURE, AND EVERY PIECE OF APPARATUS, MACHINERY OR EQUIP-
10 MENT USED, ERECTED OR MAINTAINED FOR USE IN CONNECTION WITH DRILLING.
11 C. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS THAT
12 HE OR SHE MAY DEEM APPROPRIATE WITH REGARD TO THE QUALIFICATIONS AND
13 SUBMISSIONS REQUIRED IN ORDER FOR AN INDIVIDUAL TO ACQUIRE SUCH A
14 CERTIFICATE OF COMPETENCE.
15 S 3. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law; provided, however, that effective immediate-
17 ly, the addition, amendment and/or repeal of any rule or regulation
18 necessary for the implementation of this act on its effective date are
19 authorized and directed to be made and completed on or before such
20 effective date.
