What's happening
This bill establishes a moratorium on high-volume hydraulic fracturing and horizontal drilling for natural gas until all state aquifers are mapped and classified, with additional environmental protections required before the moratorium is lifted.
Why it matters
Directly links natural gas drilling to water safety by requiring comprehensive mapping and classification of all state aquifers before any new high-volume hydraulic fracturing or horizontal drilling can take place. This ensures that water resources are fully understood and documented, making it harder for drilling projects to proceed without considering potential impacts on groundwater.
Forces the creation and adoption of stricter environmental protections and oversight by the Department of Environmental Conservation prior to lifting the moratorium. These new rules must specifically address drilling methods, continuous water quality monitoring, public recordkeeping, and emergency plans for contamination—raising the regulatory bar for future drilling.
Delays any expansion of high-volume hydraulic fracturing and horizontal drilling, potentially slowing economic activity in the natural gas sector but prioritizing public health and environmental safety. The bill essentially shifts the burden of proof to industry and regulators to demonstrate safety before drilling resumes, rather than reacting to problems after the fact.
Establishes a legal precedent for using scientific mapping and environmental safeguards as preconditions for controversial industrial activities, which could influence policymaking in other states or sectors. This approach embeds more rigorous, science-based decision-making into future energy development and environmental protection efforts.
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Who cares
Natural gas drilling companies
The bill would halt high-volume hydraulic fracturing and horizontal drilling for natural gas statewide until aquifer mapping, classification and protective regulatory requirements are met.
Department of Environmental Conservation
DEC would have to receive and adopt the aquifer maps and classifications and adopt protections covering drilling procedures, continuous water testing, recordkeeping and contamination response before the moratorium could end.
United States Geological Survey and New York State Geological Survey
The moratorium would require every aquifer in the state to be mapped at a scale of 1:24,000 and classified by one or both surveys.
Groundwater users
The bill would require protections against drilling fluids entering aquifers, testing for drilling-related contamination, and containment and remediation plans.
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
3561
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. ENGLEBRIGHT, COLTON, DINOWITZ, BENEDETTO, O'DONNELL, L. 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.
LBD07631-01-9
A. 3561 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.