Bill Text: NJ SJR60 | 2010-2011 | Regular Session | Introduced
Bill Title: Urges Delaware, New York, and Pennsylvania join NJ in disapproving requests for withdrawing water for hydraulic fracturing and enacting bans on use of such drilling practices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-20 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [SJR60 Detail]
Download: New_Jersey-2010-SJR60-Introduced.html
Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen)
SYNOPSIS
Urges Delaware, New York, and Pennsylvania join New Jersey in disapproving requests for withdrawing water for hydraulic fracturing and enact bans on use of such drilling practices.
CURRENT VERSION OF TEXT
As introduced.
A Joint Resolution urging the states of Delaware, New York, and Pennsylvania to join with New Jersey in agreeing to disapprove any requests to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production, and to enact bans on the use of hydraulic fracturing for such purposes.
Whereas, The Delaware River Basin Compact authorizes the Delaware River Basin Commission to acquire, operate and control projects and facilities for the storage and release of waters, and for the regulation of flows and supplies of surface and ground waters of the basin; and
Whereas, Each of the signatory states to the compact also agreed to prohibit and control pollution of the waters of the basin according to the requirements of the compact and to cooperate faithfully in the control of future pollution in and abatement of existing pollution from the rivers, streams, and waters in the basin which flow through, under, into or border upon any of these signatory states; and
Whereas, It is the duty and the responsibility of the states of Delaware, New Jersey, New York, and Pennsylvania to uphold their responsibilities under the Delaware River Basin Compact to prohibit and control water pollution; and
Whereas, The practice of the drilling technique of hydraulic fracturing for natural gas exploration and production has been found to use a variety of chemicals and materials that can suddenly and in an uncontrolled manner be introduced into the surface waters and ground water of a state, contaminating and polluting these waters to an unknown degree with unknown amounts of toxicity; and
Whereas, The companies engaging in the use of this drilling technique have been less than forthcoming in revealing the "cocktail" of chemicals and their volume that can be introduced into the waters of a state through the use of hydraulic fracturing; and
Whereas, In June 2010, there was an incident of an uncontrolled release of many gallons of contaminated water and natural gas from a hydraulic fracturing drill site in Clearfield County, Pennsylvania, and other such accidents are likely to occur; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. a. Pursuant to the general powers of the Delaware River Basin Commission, codified in New Jersey law under section 5.1 of P.L.1961, c.13 (C.32:11D-29), and the agreement of the signatory parties to prohibit and control pollution of the waters of the basin, codified in New Jersey law under section 5.3 of P.L.1961, c.13 (C.32:11D-31), the Legislature and the Governor of the State of New Jersey call upon the Governors of the states of Delaware, New York, and Pennsylvania, and the federal member of the Delaware River Basin Commission to agree not to support and not to vote in support of the issuance, by the commission or any other entity, of any permit or other kind of approval to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production.
b. In the event that one member of the Delaware River Basin Commission from one of the signatory states does not agree to oppose the approval to withdraw water for hydraulic fracturing, the Governor of New Jersey urges the remaining members of the Delaware River Basin Commission to uphold the duty of the commission to prohibit and control water pollution and to vote against any approval to withdraw water for hydraulic fracturing.
c. As used in this joint resolution, "hydraulic fracturing" means the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water, often with chemicals, sand, or other substances, and often under pressure, into or underneath the surface of the rock for purposes including, but not necessarily limited to, well drilling and natural gas exploration and production. The term "hydraulic fracturing" shall include "fracking," "hydrofracking," "hydrofracturing," and other colloquial terms for this drilling technique.
2. In keeping with the provisions of section 1 of this joint resolution and benefits of such actions for the people of the states of Delaware, New Jersey, New York, and Pennsylvania, the Legislature and the Governor of the State of New Jersey urge the Legislatures and the Governors of the states of Delaware, New York, and Pennsylvania to enact bans on the use of hydraulic fracturing in their respective states. The Legislature and the Governor of the State of New Jersey shall endeavor to enact such a ban in the State of New Jersey.
3. The Governor of the State of New Jersey, as a member of the Delaware River Basin Commission, shall not support and shall not vote in support of the issuance, by the commission or any other entity, of any permit or other kind of approval to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production.
4. This joint resolution shall take effect immediately shall take effect immediately upon signature thereof by the Governor of New Jersey; and the Secretary of State is directed to transmit an authenticated copy forthwith to the Governors and Legislatures of the states of Delaware, New York, and Pennsylvania, and to the member of the Delaware River Basin Commission appointed by the President of the United States.
STATEMENT
This joint resolution urges the states of Delaware, New York, and Pennsylvania to join with New Jersey in upholding their responsibilities under the Delaware River Basin Interstate Compact to prohibit and control water pollution by agreeing to disapprove any requests to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production. The resolution also directs the Governor of New Jersey to oppose any approvals of withdrawal of water for hydraulic fracturing, and urges Delaware, New York, and Pennsylvania to join with New Jersey in enacting bans on the use of hydraulic fracturing for natural gas exploration or production, and the Governor of New Jersey agrees to .
"Hydraulic fracturing" is defined in the resolution as the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water and chemicals, sand, or other substances under pressure into or underneath the surface of the rock for the purpose of well drilling or natural gas exploration. It includes "fracking," "hydrofracking," "hydrofracturing," and other colloquial terms for this drilling technique.
Recently, drilling connected with natural gas exploration along the Marcellus Shale formation in Pennsylvania caused concern and interest in a moratorium on such drilling in Pennsylvania and New York. The Marcellus Shale formation reaches beneath the southern tier of New York State, into Pennsylvania, Ohio, and West Virginia, and touches the edge of northwestern New Jersey. It is one of the largest untapped fossil fuel reserves in the Western hemisphere and there have been estimates for the area to yield as much as 20 times the current nationwide output of natural gas, but the gas is not easy to extract. On June 5, 2010, hydraulic fracturing in Clearfield County, Pennsylvania caused an explosion and the release of many gallons of contaminated water and uncontrolled natural gas from the drill site.
