BILL NUMBER:S8129. Passed 48-9. Aug. 3, 2010.
See also: Patterson Veto and updates on Marcellus Shale legislation from E2 Law Blog.
Last week was an active week for those following regulation of Marcellus Shale natural gas development.
On December 11, New York Governor David Paterson vetoed AB 1143 / SB 8129, that would have banned all new permits for natural gas wells to be stimulated by hydraulic fracturing until May. Instead, he issued an Executive Order establishing a moratorium on new horizontal, high-volume, hydraulic fracturing until July 1, 2011. His counsel’s statement is here.
Update: The Governor’s veto message was released on December 14.
On December 9, the Delaware River Basin Commission published its long-awaited draft natural gas well pad regulations. It did so against the advice of New Jersey DEP Commissioner Bob Martin stated in a letter of December 7 and over the objection of New York Governor Paterson stated in a letter of December 6. New York voted against release of the draft regulations at the Commission meeting of December 8. Comments on the draft are due by March 16, 2011, and the Commission plans three public hearings in February.
On December 8, the Delaware River Basin Commission also adopted a resolution drastically curtailing, and possibly terminating, planned January hearings on natural gas exploratory wells — that is wells intended for investigation and not production. Most of the issues to have been addressed in that hearing are now to be considered in the pending rulemaking. This resolution also avoided having the hearing address the adequacy of Pennsylvania state regulatory program, an issue that opponents of natural gas development had advanced in expert reports filed in the proceeding. The Commission Chair’s instructions to the hearing officer of December 3 reflect the difficulty of that issue.
The DRBC draft regulations would govern a number of issues, such as bonding and setbacks, also regulated by Pennsylvania and New York. If adopted, they would impose different rules for identical natural gas development in different watersheds, including different watersheds within the same state. The December 10 Philadelphia Inquirer quoted Commission Executive Director Carol Collier as analogizing this distinction to the regulations administered in the New Jersey Pinelands by the Pinelands Commission. Those are quite explicitly land use regulation. Whether the Interstate Compact Commissions intend to regulate each wave of land development, or just to focus on the current natural gas “boom,” remains to be seen.
Documents:
Statement of Peter Kiernan, Counsel to the Governor of New York (Dec. 11, 2010)
Veto Message No. 6837 (released Dec. 14, 2010)
New York Executive Order No. 41 (Dec. 13, 2010)
From: Patterson Veto and updates on Marcellus Shale legislation from E2 Law Blog.
See also: NYS Senate Session Hydro Fracking Debate – 8/3/10 Video on Youtube. 3 Aug 2010.
See also: Solid Shale
Solid info for NYS citizens who want their grandkids to be able to walk on unpolluted ground.
This is the place to read about bills having to do with gas exploration and extraction that are under consideration, and then read what others think about them in the comments (or share your own thoughts!).
See Assembly Bill, A1322c. “An act to amend the environmental conservation law, in relation to environmental protection related to the drilling of oil and gas wells, and providing for the repeal of certain provisions upon expiration thereof”.
Pictured in still frame: George Winner, who voted against the Bill.
See also: Transcript (PDF 99k)
TITLE OF BILL: An act to suspend hydraulic fracturing; and providing for the repeal of such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to place a suspension of any permitting for hydraulic fracturing low permeability natural gas reservoirs, such as the Marcellus and Utica shale formations to ensure adequate review and analysis of the effects of this type of drilling on water quality, air, environmental, safety and public health.
SUMMARY OF SPECIFIC PROVISIONS: This bill suspends the issuance of new permits for the drilling of a well which utilizes the practice of hydraulic fracturing for the purpose of stimulating natural gas or oil in the Marcellus Shale formation.
JUSTIFICATION:
The potential for development of natural gas drilling in the Marcellus Shale formation within New York State has created robust debate involving the interplay between job creation and protection of the environment. Stakeholders both in support and opposition to these developments are aggressively advancing positions that are expansive and highly controversial.
By delaying DEC’s ability to issue permits until May 15,2011, this bill will provide the Legislature additional time to assess the true environmental impacts of horizontal drilling and hydraulic fracturing.
This bill will also allow the Legislature to properly deliberate the numerous concerns that have come forward during the public comment period on the Department of Environmental Conservation’s draft Supplemental Generic Environmental Impact Statement (draft SGEIS).
The May 15,2011 date also ensures that the Legislature will have ample opportunity to act in the 2011 Legislative Session. Gas drilling carries with it risks of accidents, including blow-outs and hazards related to gas seeping from wells. There are also potential effects on the communities in which shale gas production is located, including traffic, noise, and an influx of transient workers. Air quality, road creation, and habitat destruction all need to be taken into account, but by far the biggest concern is water safety.
The large withdrawals of water required for hydrofracking could disrupt surface and ground water ecosystems, and improper management of drilling and hydrofracking chemicals, drilling waste, and wastewater could pollute surface water and/or groundwater.
Given the complexities of the environmental and policy issues under consideration, the need for a one year suspension on the permitting process for development of natural gas drilling in the Marcellus Shale formation cannot be overstated. This will allow for a thorough, deliberate and unrushed analysis of all factors involved.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately, and shall expire and be deemed repealed on May 15, 2011.
S8129B Votes
Vote: Floor – Aug 3, 2010
Ayes (48):ADAMS, ADDABBO, ALESI, BONACIC, BRESLIN, DEFRANCISCO, DILAN, DUANE, ESPADA, FARLEY, FLANAGAN, FOLEY, FUSCHILLO, HANNON, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, JOHNSON O, KLEIN, KRUEGER, LARKIN, LAVALLE, LEIBELL, MARCELLINO, MCDONALD, MONTGOMERY, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, Peralta, PERKINS, RANZENHOFER, ROBACH, SALAND, SAMPSON, SCHNEIDERMAN, SERRANO, SEWARD, SKELOS, SMITH, SQUADRON, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY
Nays (9):AUBERTINE, GRIFFO, LANZA, LIBOUS, LITTLE, MAZIARZ, VOLKER, WINNER, YOUNG
Abstains (2):DIAZ, KRUGER
Excused (2):GOLDEN, SAVINO
See also: Sharon Wilson. The Giant Loophiole NY Gov. Patterson Gave Industry. 15 Dec 2010. TxSharon’s BlueDaze.
See also: Sue Heavernrich. No Moratorium And No Horizontal Hydro-Fracking. 15 Dec 2010.
See: New York State Assembly Passes Moratorium on Hydrofracking | Governor Vetoes Bill
