AN ACT to amend the environmental conservation law, in relation to prohibiting the use of hydraulic fracturing

S04220 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4220

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    March 23, 2011
                                      ___________

       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation

       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting the use of hydraulic fracturing

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph b of subdivision 1  of  section  23-0501  of  the
    2  environmental conservation law is amended by adding a new subparagraph 4
    3  to read as follows:
    4    (4)  "HYDRAULIC  FRACTURING" SHALL MEAN FRACTURING OF ROCK BY MAN-MADE
    5  FLUID-DRIVEN  FRACTURING  TECHNIQUES  FOR  THE  PURPOSE  OF  STIMULATING
    6  NATURAL GAS OR OIL WELL PRODUCTION.
    7    S  2. Section 23-0305 of the environmental conservation law is amended
    8  by adding a new subdivision 15 to read as follows:
    9    15. THE DEPARTMENT SHALL NOT ISSUE A PERMIT FOR THE DRILLING OR OPERA-
   10  TION OF ANY WELL PROPOSING TO  USE  HYDRAULIC  FRACTURING  OR  HYDRAULIC
   11  FRACTURING FLUIDS FOR THE EXTRACTION OF GAS AND/OR OIL.
   12    S  3.  Subdivision 3 of section 23-0501 of the environmental conserva-
   13  tion law is renumbered subdivision 4 and a new subdivision 3 is added to
   14  read as follows:
   15    3. A. THE DEPARTMENT SHALL NOT ISSUE A  PERMIT  FOR  THE  DRILLING  OR
   16  OPERATION OF ANY WELL PROPOSING TO USE HYDRAULIC FRACTURING OR HYDRAULIC
   17  FRACTURING FLUIDS FOR THE EXTRACTION OF GAS AND/OR OIL.
   18    B.  FOR  PURPOSES  OF  THIS  SECTION "HYDRAULIC FRACTURING" SHALL MEAN
   19  FRACTURING OF ROCK BY MAN-MADE FLUID-DRIVEN  FRACTURING  TECHNIQUES  FOR
   20  THE PURPOSE OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION.
   21    S 4. This act shall take effect immediately.