What's happening
This bill establishes a moratorium on high-volume hydraulic fracturing and horizontal drilling for natural gas in New York until all aquifers are mapped and classified.
Why it matters
Protects drinking water sources by halting fracking and horizontal drilling until every aquifer in the state is thoroughly mapped and classified, ensuring that environmental regulators have a complete understanding of groundwater resources before permitting risky extraction activities.
Requires the Department of Environmental Conservation to not only adopt detailed aquifer maps but also to create and implement new protective regulations before the moratorium can be lifted, raising the regulatory bar for future drilling operations.
Mandates strict water safety measures—including continuous testing, transparent recordkeeping, and readiness for contamination response—meaning that if drilling resumes, it will be under significantly enhanced safeguards for aquifers.
Shifts the burden of proof and action onto both industry and state agencies, signaling a prioritization of public health and environmental integrity over expedited energy development.
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Who cares
Headline styles
Pause Fracking Until Aquifers Mapped
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
4 Multi-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5164
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. ENGLEBRIGHT, COLTON, DINOWITZ, BENEDETTO, O'DONNELL, ROSENTHAL, GOTTFRIED, GALEF, COOK, JAFFEE, CAHILL -- Multi-Sponsored by -- M. of A. GLICK, LENTOL, STECK, THIELE -- read once and referred to the Committee on Environmental Conservation
AN ACT to establish a moratorium on high-volume hydraulic fracturing and horizontal drilling for natural gas until all aquifers are classified and mapped
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. a. Notwithstanding any provision of law to the contrary, there is hereby established a moratorium upon high-volume hydraulic fracturing and horizontal drilling for the purpose of extracting natural gas in the state until such time as every aquifer in the state is mapped at a scale of 1:24,000 and classified by the United States Geological Survey and/or the New York State Geological Survey.
b. For the purposes of this act, the following terms shall mean:
(i) "High-volume hydraulic fracturing" shall mean the fracturing of rock by man-made, pressurized, fluid-driven fracturing techniques for the purpose of stimulating natural gas or oil well production.
(ii) "Horizontal drilling" shall mean a vertical well which is curved at depth to drill horizontally into natural gas-bearing rock.
(iii) "Aquifer" shall mean an underground layer of water-bearing permeable rock or unconsolidated material such as gravel, sand or silt, from which groundwater can be extracted.
c. Notwithstanding any other provision of this act, the moratorium established by subdivision a of this section shall not be rescinded until the department of environmental conservation:
(i) receives and adopts the aquifer maps and classifications; and
(ii) proposes and adopts requirements, procedures and regulations that are protective of these aquifers including, but not limited to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09064-01-7
A. 5164 2
(A) drilling procedures that will prevent the escape of any drilling fluids into an aquifer;
(B) continuous water testing of affected aquifers for contamination that may result from drilling operations;
(C) recordkeeping of all water testing results; and
(D) plans for containment and remediation of any contamination caused by drilling operations.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.