Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas

Title of bill

An act to amend the environmental conservation law, in relation to the testing of water when drilling oil and natural gas wells

Purpose or general idea of bill

This bill will require testing of surrounding groundwater before and after drilling oil or natural gas wells.

Summary of specific provisions

Section one would:

* require permit holders to test the quality of ground and surface water sources within a thousand foot radius of the drilling area and on all water wells in the production unit, unless the Department of Environmental Conservation (DEC) determines that an expanded radius is required;

* require such testing to occur prior to drilling, following any hydrofacturing, prior to well completion and annually for producing wells;

* define "compounds or contaminants of concern" to include at a minimum, the ingredients contained in hydro fracturing fluids and chemical treatment;

* establish liability for the permit holder if the post drilling/hydro fracturing test results indicate contamination or decreased flow rate; and,

* require DEC to promulgate methane and "compounds or contaminants of concern" regulations.

Section two contains the effective date.

Justification

In 2008, the Assembly held a series of hearings to address water-related issues and also held a hearing on oil and gas drilling. Many individuals expressed concern about the potential impact of oil and gas drilling on water supplies. Representatives of the oil and gas industry testified that most companies currently do water testing prior to drilling. This legislation would codify a water testing requirement to include both pre-drilling and post-drilling testing criteria. In addition to concerns about drinking water quality, there are also other potential areas of concern. In Dimock, Pennsylvania, a home exploded after nearby drilling caused methane to build up in the water well. The ignition of the well pump caused a spark that ignited the methane and resulted in the explosion. This legislation would include testing for methane levels and flow rates prior to and after testing. In addition, this legislation would establish liability provisions.

Prior legislative history

New bill.

Fiscal implications

Minimal.

Effective date

Sixty days after becoming law. The DEC will have 120 days to promulgate rules and regulations.