STATE OF NEW YORK ________________________________________________________________________ 4918 2021-2022 Regular Sessions IN ASSEMBLY February 9, 2021 ___________ Introduced by M. of A. EPSTEIN, COLTON, ZEBROWSKI, GLICK -- 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 certain fracking solutions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 23-0505 to read as follows: 3 § 23-0505. Hydraulic fracturing; prohibition on certain fracking 4 solutions. 5 1. For purposes of this section, the following terms shall have the 6 following meanings: 7 a. "fracking solution" shall mean a substance used during hydraulic 8 fracturing which is injected into rock formations surrounding oil or gas 9 deposits in order to expand the rock and facilitate the extraction of 10 oil or gas; and 11 b. "hydraulic fracturing" shall mean a process used to create frac- 12 tures that extend from a borehole into rock formations to increase or 13 restore the rate at which oil or gas may be produced from a well. 14 2. On and after the effective date of this section, every person 15 granted a well permit pursuant to section 23-0501 of this title shall, 16 during hydraulic fracturing, use only fracking solution composed of 17 natural and organic materials. No fracking solution containing diesel, 18 benzene, ethibenzene, toluene, xylene, or any other substance determined 19 by the commissioner to be toxic shall be used during hydraulic fractur- 20 ing on or after such date. 21 § 2. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08996-01-1