NY Legislators Consider Fracking Bills

UPDATE: on Wednesday, March 6 the NY Assembly passed the two-year moratorium by a vote of 95-40. 

News from both the NY Assembly and the NY Senate indicate that state lawmakers are considering a 2-year moratorium on high volume horizontal hydro-fracturing in shale formations. The Assembly, which passed a 1-year moratorium last year, has upped the ante. Now they are seeking a two-year moratorium that would specifically prohibit the state from issuing permits to drill in the Utica and Marcellus shale. That moratorium would expire in May 2015 - allowing enough time for some initial results of the Geisinger Health Study. They could vote as early as tomorrow on this bill.

Meanwhile, the Independent Democratic Conference, which shares control of the state Senate with Republicans, is calling for a two-year delay in hydro-fracking until the independent Geisinger health review is completed. The Senators also want two other reviews on drinking water to be completed as well, before the state begins permitting fracking.

Senator David Carlucci (D), representing Rockland and Westchester counties, told AP reporter Michael Gormley, "We have to put science first; we have to put the health of New Yorkers first."

What Does the Moratorium Bill Really Say?

drilling near Troy, PA

It’s amazing how much controversy 175 words can cause. Ever since the NY Assembly passed the moratorium (Assembly Bill 11443) industry representatives have been spinning it as a move that is sure to drive the state economy into ruin.

“It’s putting drillers currently working in the state at risk,” Jim Smith said in a phone interview. Smith, who works with the NY Independent Oil and Gas Association of NY (IOGA-NY), explained that the moratorium could halt all natural gas development that uses hydraulic fracturing – not just drilling proposed for the Marcellus Shale.

“And that means vertical wells, too,” Smith said. In a press release IOGA claims that the bill, as written, could affect the vast majority of current (non-Marcellus) oil and gas exploration and development in New York State. It would bar the kind of existing safe drilling that has been in practice for many years in New York. It could also result in the potential loss of 5,000 industry jobs, threaten the future of more than 300 businesses and temporarily eliminate the $1 million in annual revenue the state collects from traditional drilling permit fees. (italics mine)

 “Did they even read the bill before they voted?” Smith asked, referring to the 93 assembly members who voted aye.

The more pertinent question is whether the good folks at IOGA-NY read the bill – it takes but a minute, maybe two if you read real slow, and is very clear about what the moratorium is.

The moratorium, explains Assemblywoman Barbara Lifton, will allow the state more time to obtain a complete picture of environmental impacts from the technology. She would rather see the state wait until after the EPA completes their study before issuing new permits… but this is what ended up on the table – er, floor of the Assembly Monday night.

It wasn’t a shoo-in, either. Assembly members engaged in lengthy discussion, bringing numerous questions to the chair.

Did they know that vertical drilling would be affected? Most assuredly, Lifton said. The bill does not specify horizontal fracturing because the concern is protecting water and the environment from the numerous toxic chemicals used in the hydro-fracking process – regardless of how the well is drilled.

Lifton set the record straight: “The moratorium does not interfere with current drilling projects or permits that are in effect.” Indeed, anyone reading the actual text of the bill would notice that the first sentence clearly states the act establishes a “suspension of the issuance of new permits”. 

Moreover, the end of the section just as clearly states that the act “shall not apply to permits issued prior to the effective date of this act which utilize hydraulic fracturing that are subject to renewal.”

So what about those scary claims by industry? Nonsense, says Lifton. “Drillers who already have permits may continue their operations and may renew their permits. This moratorium,” she emphasized, “will have very little impact on current drilling activity.”

As for those fear-mongering claims that farmers won’t be able to use hydro-fracking to drill water wells – the bill clearly states that the moratorium will affect “hydraulic fracturing  for the purpose of stimulating natural gas or oil in low permeability natural gas reservoirs”. Nothing in there about going after water for the cows…

Please take a minute and read the bill here.

NY Assembly Passes Fracking Moratorium

The state budget may still be out of whack, but the NY did manage to pass a moratorium on using high volume hydraulic fracturing in yesterday’s session. And fracking wasn’t even on the Governor’s “to do” list for the special session.

Still, the Assembly wanted to vote on the bill, so they gaveled in for a regular session, and began debating the fracking moratorium close to 9 pm last night. Before the clock struck midnight, the’d approved a temporary moratorium on fracking with a 93 to 43 vote.

The moratorium halts fracking until May 15 to allow the state time to obtain a more complete picture of environmental impacts from the technology. This is the same bill that the NY Senate approved in August.

Now the bill is on Governor Paterson’s desk awaiting his signature. Will he sign it? Susan Arbetter will ask him this morning on The Capitol Pressroom which airs at 11 am.

Although the governor’s office has not officially commented on whether the Governor will sign the bill, Paterson did comment in a radio interview last week that he does not think the state will move forward with drilling in shales. He noted that opponents of hydro-fracking had raised enough concerns to “thwart going forward with it at this time.”