What's happening
This bill prohibits hydraulic fracturing for oil and gas extraction in New York, including banning disposal and processing of related fluids and waste.
Why it matters
Enshrines a ban on hydraulic fracturing ("fracking") in state law. , meaning New York could not simply reverse its policy through regulatory changes and would instead require new legislation to allow fracking in the future.
Prohibits the acceptance, disposal, or processing of fluids and solid waste from fracking. , including fluids and drill cuttings from other states, aiming to prevent New York from becoming a dumping ground for fracking waste produced elsewhere.
Defines key terms like "hydraulic fracturing," "hydraulic fracturing fluid," "drilling fluids," and "drill cuttings" in statute. , potentially closing loopholes and ensuring comprehensive enforcement of the ban and waste prohibitions.
Directs the Department of Environmental Conservation not to issue any permits for wells using hydraulic fracturing or related fluids. , effectively halting any new oil or gas extraction in New York that relies on fracking technology.
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Who cares
Headline styles
Ban Fracking for Oil, Gas
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Fracking for Oil, Gas
In Senate Committee · Environmental Conservation · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3184
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. COLTON, L. ROSENTHAL, JAFFEE, ABINANTI, RAMOS, PAULIN, CRESPO, DINOWITZ, WEPRIN, M. G. MILLER, PEOPLES-STOKES, SIMON -- Multi-Sponsored by -- M. of A. CYMBROWITZ, GLICK, NOLAN, RIVERA, THIELE -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to prohibiting the use of hydraulic fracturing and the disposal and/or processing of any fluid which was used in a hydraulic fracturing process
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 1 of section 23-0501 of the environmental conservation law is amended by adding a new subparagraph 4 to read as follows:
(4) "Hydraulic fracturing" means fracturing of rock by man-made fluiddriven fracturing techniques for the purpose of stimulating natural gas or oil well production. Any fluid used in such a fracturing technique shall be deemed a "hydraulic fracturing fluid", including water or liquid propane gas.
§ 2. Section 23-0305 of the environmental conservation law is amended by adding a new subdivision 15 to read as follows:
15. The department shall not issue a permit for the drilling or operation of any well proposing to use hydraulic fracturing or hydraulic fracturing fluids, as such terms are defined by subparagraph four of paragraph b of subdivision one of section 23-0501 of this article, for the extraction of gas and/or oil.
§ 3. Subdivision 3 of section 23-0501 of the environmental conservation law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03554-01-9
A. 3184 2
3. The department shall not issue a permit for the drilling or operation of any well proposing to use hydraulic fracturing or hydraulic fracturing fluids for the extraction of gas and/or oil.
§ 4. The environmental conservation law is amended by adding a new section 17-0513 to read as follows: § 17-0513. Prohibition on acceptance, disposal and/or processing of any
fluid used in a hydraulic fracturing process.
1. Notwithstanding any provision of law, rule or regulation to the contrary, the acceptance, disposal and/or processing of any drilling fluids or drill cuttings in this state, when such drilling fluids or drill cuttings have been used in a hydraulic fracturing process, is prohibited.
2. For the purposes of this section:
(a) "Drilling fluids" shall mean drilling mud, chemical additives contained in or added to drilling fluids during the hydraulic fracturing drilling process, flow back water that returns to the surface after the hydraulic fracturing process, or any other residual liquids involved in drilling.
(b) "Drill cuttings" shall mean solid products removed from the well bore during an oil or gas well drilling operation.
(c) "Hydraulic fracturing" shall mean the fracturing of rock by manmade fluid-driven fracturing techniques for the purpose of stimulating natural gas or oil well production.
§ 5. 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.