S425-211 Requiring Disclosure of Chemicals Used in Fracturing Is Defeated In NYS Senate Committee

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.

“Let me be clear: the need for job growth and creation in Upstate New York is very real, and much needs to be done to help those areas suffering most from our struggling economy. However, as my Democratic colleague Senator Bill Perkins said, this is not the way to do it. If we are not good stewards to our environment, and allow practices that poison our water supply and in turn our communities, then all other issues are moot. What good does job creation do for a community, whose members are so sick they cannot work? In these circumstances only one group wins: the big gas companies, who have reaped the benefits of our land without paying any of the consequences of their actions.

“I applaud my Democratic colleagues who voted in favor of this bill, which would have brought this issue to the floor for further debate. I only wish that just one of the six Republican on the committee, particularly Senators Marcellino and Johnson, whose districts in Long Island would suffer tremendously from the contamination of New York City’s drinking water, would have voted aye and thought more of their constituents and less of big business interests.

“I remain confident that common sense will prevail, and hope to successfully bring this bill back through the Environmental Conservation Committee. But in the meantime, I hope all New Yorkers from Upstate, Downstate and Western New York realize that this is not an issue of jobs vs. the environment; this is an issue of health and transparency vs. big business interests and secrecy.”

Note - Senator Oppenheimer a co-sponsor of the bill is recovering from surgery and was unable to be present for the vote.  Due to rules of the Senate delaying the vote was not permitted.