Bill Text: NY A10167 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes a moratorium on the transport of natural gas from hydraulic fracturing; requires an environmental impact report thereon; repealer.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2018-03-22 - referred to environmental conservation [A10167 Detail]
Download: New_York-2017-A10167-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10167 IN ASSEMBLY March 22, 2018 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Environmental Conservation AN ACT to establish a moratorium upon the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of the state, pending the issuance of an environmental impact assessment thereon by the department of environmental conservation; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. (a) Notwithstanding any provision of law to the contrary, 2 there is hereby established a moratorium upon the acceptance, use, proc- 3 essing and/or transport of any natural gas that has been produced by a 4 hydraulic fracturing process occurring outside of this state. The 5 purpose of such moratorium shall be to afford the state and its resi- 6 dents the opportunity to review an environmental impact assessment to be 7 issued by the department of environmental conservation on the effects of 8 acceptance, use, processing and/or transporting of gas that has been 9 produced by a hydraulic fracturing process on the environment. 10 (b) For the purpose of this section "hydraulic fracturing" shall mean 11 the fracturing of rock by man-made fluid-driven fracturing techniques 12 for the purpose of stimulating natural gas or oil well production. 13 § 2. 1. The department of environmental conservation shall conduct a 14 comprehensive environmental impact assessment, to examine potential 15 environmental impacts that could be caused by the acceptance, use, proc- 16 essing and/or transport of any natural gas that has been produced by a 17 hydraulic fracturing process occurring outside of this state. Such envi- 18 ronmental impact assessment shall include, at a minimum, the following 19 analyses: 20 (a) identification and assessment of potential localized and statewide 21 environmental impacts from the acceptance, use, processing and/or trans- 22 port of any natural gas that has been produced by a hydraulic fracturing 23 process occurring outside of this state; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15136-01-8A. 10167 2 1 (b) identification and assessment of potential environmental impacts 2 determining the magnitude, nature, extent and likelihood of potential 3 environmental impacts utilizing multiple methods and information derived 4 from a combination of environmental tools including risk assessment, 5 literature, population analysis and expert opinions from multiple sourc- 6 es; 7 (c) identification and assessment of potential environmental impacts 8 as they relate to environmental justice concerns; 9 (d) estimated costs of any environmental impacts from the acceptance, 10 use, processing and/or transport of any natural gas that has been 11 produced by a hydraulic fracturing process occurring outside of this 12 state and related activities to state and local governments; 13 (e) recommendations for any mitigation of potential environmental 14 impacts and the methods and evidence used to arrive at such recommenda- 15 tions, which may include potential recommendations against any or all 16 acceptance, use, processing and/or transport of any natural gas that has 17 been produced by a hydraulic fracturing process occurring outside of 18 this state; and 19 (f) a long-term plan for monitoring, evaluation, follow-up and miti- 20 gation of potential environmental impacts of the acceptance, use, proc- 21 essing and/or transport of any natural gas that has been produced by a 22 hydraulic fracturing process occurring outside of this state. 23 2. Upon completion of the environmental impact assessment, such 24 assessment shall be submitted to the governor, the temporary president 25 of the senate and the speaker of the assembly. 26 § 3. This act shall take effect immediately, and shall expire and be 27 deemed repealed on the one hundred twentieth day after the department of 28 environmental conservation issues an assessment on the environmental 29 impact of the acceptance, use, processing and/or transport of any 30 natural gas that has been produced by a hydraulic fracturing process 31 occurring outside of this state on the environment. Provided, that the 32 commissioner of environmental conservation shall notify the legislative 33 bill drafting commission upon the issuance by the department of environ- 34 mental conservation of the assessment on the effects of the acceptance, 35 use, processing and/or transport of any natural gas that has been 36 produced by a hydraulic fracturing process occurring outside of this 37 state or the environment as referred to in section two of this act, and 38 the submission to the governor and the legislature of such assessment in 39 order that such commission may maintain an accurate and timely effective 40 data base of the official text of the laws of the state of New York in 41 furtherance of effectuating the provisions of section 44 of the legisla- 42 tive law and section 70-b of the public officers law.
