By Pat Biancaniello

On April 12, 2011 the New York State Senate’s Environmental Conservation Committee defeated S425-211.  This piece of legislation was designed to amend environmental conservation law regarding fracturing fluids. The Sponsor of the Legislation is Senator Krueger, Co-sponsors are Senator’s Montgomery, Oppenheimer, Perkins, Rivera, Serrano.

The bill according to the proposal would require the Department of Environmental Conservation to develop rules and regulations that would require the disclosure of hydraulic fracturing fluids.  It would also prohibit the use of hydraulic fracturing fluids containing chemicals that pose a risk to human health. The legislation would also prohibit the issuance of drilling permits for wells proposing to uses hydraulic fracturing fluids until the DEC has adopted rules and regulations.

The Vote on S425 was as follows, those in favor:  Avella, Espaillat, Perkins, Serrano, Stewart-Cousins (with reservations but still voting in the affirmative) Grisanti, LaValle.  Those opposed Johnson, Little, Marcellino, Maziarz, O’Mara, Young.  Committee member Oppenheimer was excused.  Eight yes votes were required to move the vote forward.

NYS Senator Kruger issued the following statement: “Once again, an important bill has fallen victim to the intellectually dishonest debate that unfairly pits environmental issues against job creation. My bill (S.425), which today failed to pass through the Environmental Conservation Committee, would implement common sense measures by requiring gas companies to disclose all chemicals used in their hydraulic fracturing fluids and would ban the use of any substances deemed carcinogenic. However, instead of taking critical steps to ensure basic safeguards are put in place to protect all New Yorkers, my Republican colleagues have decided to stall this bill under the false pretense that it will hurt jobs in the upstate area.