Suspends hydraulic fracturing for the extraction of natural gas or oil

21 Co-sponsors

• Eric Adams
• Joseph P. Addabbo Jr.
• Martin Malavé Dilan
• Thomas K. Duane
• Pedro Espada Jr.
• Ruth Hassell-Thompson
• Jeffrey D. Klein
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Suzi Oppenheimer
• Frank Padavan
• Kevin S. Parker
• José Peralta
• Bill Perkins
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky
• Andrea Stewart-Cousins

BILL NUMBER:S8129B

Title of bill

An act to suspend hydraulic fracturing; and providing for the repeal of such provisions upon the expiration thereof

Purpose or general idea of bill

This bill seeks to place a suspension of any permitting for hydraulic fracturing low permeability natural gas reservoirs, such as the Marcellus and Utica shale formations to ensure adequate review and analysis of the effects of this type of drilling on water quality, air, environmental, safety and public health.

Summary of specific provisions

This bill suspends the issuance of new permits for the drilling of a well which utilizes the practice of hydraulic fracturing for the purpose of stimulating natural gas or oil in the Marcellus Shale formation.

Justification

The potential for development of natural gas drilling in the Marcellus Shale formation within New York State has created robust debate involving the interplay between job creation and protection of the environment. Stakeholders both in support and opposition to these developments are aggressively advancing positions that are expansive and highly controversial.

By delaying DEC's ability to issue permits until May 15,2011, this bill will provide the Legislature additional time to assess the true environmental impacts of horizontal drilling and hydraulic fracturing. This bill will also allow the Legislature to properly deliberate the numerous concerns that have come forward during the public comment period on the Department of Environmental Conservation's draft Supplemental Generic Environmental Impact Statement (draft SGEIS). The May 15,2011 date also ensures that the Legislature will have ample opportunity to act in the 2011 Legislative Session.

Gas drilling carries with it risks of accidents, including blow-outs and hazards related to gas seeping from wells. There are also potential effects on the communities in which shale gas production is located, including traffic, noise, and an influx of transient workers. Air quality, road creation, and habitat destruction all need to be taken into account, but by far the biggest concern is water safety. The large withdrawals of water required for hydrofracking could disrupt surface and ground water ecosystems, and improper management of drilling and hydrofracking chemicals, drilling waste, and wastewater could pollute surface water and/or groundwater.

Given the complexities of the environmental and policy issues under consideration, the need for a one year suspension on the permitting process for development of natural gas drilling in the Marcellus Shale formation cannot be overstated. This will allow for a thorough, deliberate and unrushed analysis of all factors involved.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately, and shall expire and be deemed repealed on May 15, 2011.