Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within two miles of the New York city water supply infrastructure

BILL NUMBER:S31

Title of bill

An act to amend the environmental conservation law, in relation to environmental protection related to the drilling of oil and gas wells, and providing for the repeal of certain provisions upon expiration thereof

Purpose or general idea of bill

To prohibit any permits for oil or gas drilling to be issued by DEC for two years. Furthermore the bill would permanently prohibit any such drilling within ten miles of the New York City watershed or water supply infrastructure; or any other water system that has received a filtration avoidance determination from the US EPA. No drilling would be allowed in any area overlying a sale source aquifer; any other area that DEC identifies for protection of drinking water; critical habitats for threatened or endangered species or a "natural heritage area as defined by law; any other area identified by the DEC as a bird conservation area or critical bird habitat; floodplains; or all areas with NYS park, forest preserve, state forest, wildlife refuge, wildlife management area or wilderness area. The DEC would determine by regulation how much of a buffer would be placed around these areas. Furthermore, a municipality, as requested by either the chief executive or legislative body, has the right to apply to the DEC to study the need for a ban within its borders.

Justification

Significant parts of upstate, including the area along the Pennsylvania border and into the Catskill region are part of the Marcellus shale formation and are threatened with the development of thousands of new potential oil and gas wells and unprecedented damage to ground and water resources and environmental damage from the drilling of wells. This bill will prohibit permits for drilling to be issued by DEC for two years. It is our expectation that this time will allow for further study of hydraulic fracturing and restrictions can be put into place to protect our water and air. Furthermore, the bill will provide protection for the named critical areas listed above by permanently prohibiting this drilling in them.. Irreparable damage could be done to the environment by allowing drilling in any of those areas.

Prior legislative history

A similar bill, A.11527, was introduced in 2008. Since that time, the bill has undergone several changes and additions to better protect the environment.

2009: A.1322C (Brennan), Died in Environmental Conservation 2010: S.6654B (Duane), Died in Environmental Conservation; A.1322C (Brennan), Died in Rules

Fiscal implications to state and local government

None.

Effective date

Immediately, with provisions.