What's happening
This bill establishes a moratorium on accepting, using, processing, or transporting out-of-state fracked natural gas in New York until a state environmental impact assessment is completed.
Why it matters
The bill halts any activities involving out-of-state fracked gas in New York until a full assessment is done, meaning it could temporarily disrupt business for energy companies and utilities relying on such gas.
The required environmental impact assessment must cover a wide range of risks, including local and statewide environmental effects, costs to governments, environmental justice concerns, and recommendations for future policy—potentially informing broader debates on fracking and fossil fuels in New York.
The law explicitly directs the assessment to consider long-term monitoring and mitigation, signaling a shift toward more proactive, science-based oversight of fossil fuel infrastructure and possibly setting a precedent for other states.
Because the moratorium ends only after the assessment is submitted to state leaders, the bill could delay or even permanently change how fracked gas is handled in New York, depending on the assessment's findings and recommendations.
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Who cares
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Pause Fracked Gas Transport
Plain English, a few words. Used as the page title.
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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
1559
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. ORTIZ, D'URSO, WEPRIN, SIMON, WILLIAMS, NIOU, DICKENS, LAVINE, COOK, GALEF, CRESPO, TAYLOR, GOTTFRIED, JAFFEE, SEAWRIGHT, EPSTEIN, MOSLEY -- read once and referred to the Committee on Environmental Conservation
AN ACT to establish a moratorium upon the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of the state, pending the issuance of an environmental impact assessment thereon by the department of environmental conservation; and providing for the repeal of such provisions upon the expiration thereof
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 the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state. The purpose of such moratorium shall be to afford the state and its residents the opportunity to review an environmental impact assessment to be issued by the department of environmental conservation on the effects of acceptance, use, processing and/or transporting of gas that has been produced by a hydraulic fracturing process on the environment.
(b) For the purpose of this section "hydraulic fracturing" shall mean the fracturing of rock by man-made fluid-driven fracturing techniques for the purpose of stimulating natural gas or oil well production.
§ 2. 1. The department of environmental conservation shall conduct a comprehensive environmental impact assessment, to examine potential environmental impacts that could be caused by the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state. Such environmental impact assessment shall include, at a minimum, the following analyses:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05275-01-9
A. 1559 2
(a) identification and assessment of potential localized and statewide environmental impacts from the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state;
(b) identification and assessment of potential environmental impacts determining the magnitude, nature, extent and likelihood of potential environmental impacts utilizing multiple methods and information derived from a combination of environmental tools including risk assessment, literature, population analysis and expert opinions from multiple sources;
(c) identification and assessment of potential environmental impacts as they relate to environmental justice concerns;
(d) estimated costs of any environmental impacts from the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state and related activities to state and local governments;
(e) recommendations for any mitigation of potential environmental impacts and the methods and evidence used to arrive at such recommendations, which may include potential recommendations against any or all acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state; and
(f) a long-term plan for monitoring, evaluation, follow-up and mitigation of potential environmental impacts of the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state.
2. Upon completion of the environmental impact assessment, such assessment shall be submitted to the governor, the temporary president of the senate and the speaker of the assembly.
§ 3. This act shall take effect immediately, and shall expire and be deemed repealed on the one hundred twentieth day after the department of environmental conservation issues an assessment on the environmental impact of the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state on the environment. Provided, that the commissioner of environmental conservation shall notify the legislative bill drafting commission upon the issuance by the department of environmental conservation of the assessment on the effects of the acceptance, use, processing and/or transport of any natural gas that has been produced by a hydraulic fracturing process occurring outside of this state or the environment as referred to in section two of this act, and the submission to the governor and the legislature of such assessment in order that such commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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