Bill Text: NY A10710 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 10710 (Prior Session Legislation)

Introduced

Bill Title: Establishes a moratorium on the acceptance, disposal and/or processing of any fluid which was used in a hydraulic fracturing process performed outside of the state until 120 days after federal Environmental Protection Agency issues a report on the effects of hydraulic fracturing on water quality and public health.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2010-04-16 - referred to environmental conservation [A10710 Detail]

Download: New_York-2009-A10710-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10710
                                 I N  A S S E M B L Y
                                    April 16, 2010
                                      ___________
       Introduced  by M. of A. MAISEL, ENGLEBRIGHT -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to establish a moratorium upon the disposal and/or processing  of
         any fluid which was used in a  hydraulic fracturing process outside of
         the  state  pending  the  issuance  of a report thereon by the federal
         Environmental Protection Agency; and providing for the repeal of  such
         provisions upon the expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. (a) Notwithstanding any provision of law to  the  contrary,
    2  there  is  hereby established a moratorium upon the acceptance, disposal
    3  and/or processing of any fluid in this state, when such fluid  has  been
    4  used  in a hydraulic fracturing process occurring outside of this state.
    5  The purpose of such moratorium shall be to  afford  the  state  and  its
    6  residents the opportunity to review a report to be issued by the federal
    7  Environmental  Protection  Agency on the effects of hydraulic fracturing
    8  on public health.
    9    (b) For the purposes of this  section,  "hydraulic  fracturing"  shall
   10  mean  fracturing  of rock by man-made fluid-driven fracturing techniques
   11  for the purpose of stimulating natural gas or oil well production.
   12    S 2. This act shall take effect immediately, and shall expire  and  be
   13  deemed repealed on the one hundred twentieth day after the federal Envi-
   14  ronmental  Protection Agency issues a report on the effects of hydraulic
   15  fracturing on water quality and  public  health.    Provided,  that  the
   16  commissioner  of environmental conservation shall notify the legislative
   17  bill drafting commission upon the issuance by the federal  Environmental
   18  Protection  Agency  of the report on the effects of hydraulic fracturing
   19  on water quality and public health referred to  in  subdivision  (a)  of
   20  section  one  of  this act in order that such commission may maintain an
   21  accurate and timely effective data base of the official text of the laws
   22  of the state of New York in furtherance of effectuating  the  provisions
   23  of  section  44  of  the  legislative law and section 70-b of the public
   24  officers law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16567-03-0