Establishes a moratorium on disposal of fluids used in hydraulic fracturing occurring outside the state until 120 days after federal EPA issues report thereon

BILL NUMBER:S448

Title of bill

An act to establish a moratorium upon the disposal and/or processing of any fluid which was used in and cuttings from a hydraulic fracturing process outside of the state pending the issuance of a report thereon by the federal Environmental Protection Agency and certain justifications from the department of environmental conservation; and providing for the repeal of such provisions upon the expiration thereof

Summary of provisions

The bill would place a moratorium on the importation of any hydraulic fracturing fluids until 120 days after the issuance of the EPA 2-year comprehensive study of potential adverse impacts of hydraulic fracturing and fracturing fluids on water quality and public health.

Justification

EPA announced on March 18, 2010 that it would be conducting a comprehensive 2-year research study to investigate the potential adverse impacts that hydraulic fracturing and fracturing fluids may have on water quality and public health. The fracturing fluids are composed of dozens of chemicals that act as surfactants for the sand that forms a large part of these fluids. Drilling operations in other states are sending their waste cutting fluids into New York for disposal without any testing or analysis of these fluids. Until the impacts of use and disposal of these fluids are properly evaluated, it is inappropriate to dispose of them in New York.

Legislative history

2011-12: S.6097/A.300A (Maisel)

Fiscal implications

None.

Effective date

This act would take effect immediately, and expire 120 days after issuance of the EPA report.