Last session, the moratorium bills became the bills that “moved” in committees and were the focus of discussion on hydrofracking. This year, some of the bills that had been introduced, but not brought to a vote, have been re-introduced. It is fairly simple to re-introduce a bill that has been introduced in previous years, either with or without small changes in wording.
Here are some bills that have been introduced this session. The format is:
2011 bill #’s
2010 bill #’s
The Assembly website has not, as yet, been updated to include this year’s bill numbers. Therefore, each bill is listed with 2010 bill numbers first– the link to the bill will be in this area for the Assembly. Senate 2011 bill numbers are linked to the Senate’s website.
A9414 (Lifton), “The Natural Gas Exploration and Extraction Liability Act of 2010”. It imposes strict liability for all damages shown to be caused by activities associated with hydrofracking techniques.
A10633 (Lifton) makes clear that local land use ordinances may dictate where oil, gas, and solution mining is allowed.
A11494 (Lifton) rules and regs re: drilling, shall apply equally to all wells statewide.
A10090 (Sweeney) would prevent drillers from disposing drill cuttings on site.
A10091 (Sweeney) would require full-disclosure of fracking chemicals and prohibit the use of chemicals that pose a risk to human health, including chemicals that are persistent, bio-accumulative and toxic, as defined by the EPA, or are mutagens.
A10292 (Sweeney) would increase bonding requirements and require permit applicants to submit an approved drilling use plan that includes water usage, fluid storage and disposal measures, a signed contract with a disposal facility, site-specific biological and water quality data and a comprehensive reclamation plan.
A1322 (Brennan), which establishes a moratorium on issuing new drilling permits for two years, allowing more time to study the effects of hydrofracking. We, in fact, have a de-facto moratorium, as directed by the governor, until such time as the DEC finalizes the dSGEIS.
A6953 (Ortiz) that prohibits the use of toxic chemicals during the hydraulic fracturing process and mandates the use of non-toxic solutions based on citrus oils and other organic materials. Fracking fluids currently used by energy companies contain diesel, benzene, toluene, xylene and other carcinogens and mutagens.
A10234 (Parment) establishes the NYS indigenous natural gas value added task force.
A10956 (Lupardo) relates to integrated royalty owners.
S786-2011 (Young) establishes a financial security fund for ng and oil producers.
S1234-2011 (Duane)/A8748 (Brennan) a comprehensive bill regulating several aspects of gas drilling, placing the cost and burden of mitigating any mistakes, contamination or damage on the appropriate gas drilling company. It prohibits drilling within five miles of the NYC and Delaware River watersheds or anywhere that is a recharge area of a sole source aquifer, requires the disclosure of the chemicals in the fracking fluids, allows DEC to prohibit the use of certain chemicals, gives the DEC authority to impose fees and/or require financial security to cover oversight, compensate local governments for costs due to drilling activity and to ensure landowners are protected from liability, regulates water withdrawals, audits royalty payments and sets out certain requirements for DEC to include in the permitting process.
A9480 (Sweeney) Allows a person to institute an action for a violation of the provisions of the environmental quality review even if the injury does not affect the public at large.