Repeals prohibitions on hydraulic fracturing and establishes new permitting procedures regarding hydraulic fracturing; repealer
Summary
This bill would repeal existing provisions of the Environmental Conservation Law that effectively prohibit or restrict hydraulic fracturing-related permitting, and it would create a new framework for the Department of Environmental Conservation to process permit applications for oil and gas wells using hydraulic fracturing techniques. The bill directs the department to adopt and publish regulations within one year governing hydraulic fracturing, including the permitting process, and requires those rules to account for environmental protections, water management standards, and any other standards the department deems necessary.
The bill also amends the state’s preemption language to make clear that the Environmental Conservation Law supersedes local laws and ordinances regulating the oil, gas, and solution mining industries, including hydraulic fracturing, while preserving local authority over local roads and certain property tax rights. In effect, the measure would shift hydraulic fracturing from a prohibited or heavily restricted activity into a regulated permitting regime under state oversight.
Impact
If enacted, the bill would materially change New York’s Environmental Conservation Law by repealing two existing statutory provisions and adding new regulatory duties for the Department of Environmental Conservation. It would require the department to establish hydraulic fracturing rules and a permitting process, and it would expressly extend state preemption over local regulation of hydraulic fracturing and related oil and gas activities. The bill would affect oil and gas operators, the DEC, and local governments, while leaving intact local control over roads and certain tax-related powers.
Sentiment
The available record shows the bill was introduced and referred to the Assembly Committee on Environmental Conservation, but there are no committee transcripts or recorded votes provided. Based on the bill’s subject matter and its caption, the measure appears to be framed as a pro-development, pro-permitting proposal that seeks to reopen hydraulic fracturing under state regulation. Because no discussion or vote data are available, there is no documented consensus or opposition in the provided materials, though the topic is typically politically contentious.
Contention
The main point of contention is likely to be whether hydraulic fracturing should be allowed at all, and if so, under what environmental and water-protection standards. Environmental advocates and local governments may object to the repeal of existing restrictions and the expansion of state preemption over local regulation, while industry supporters and proponents of energy development would likely favor a clear statewide permitting process. Another likely dispute is the adequacy of the DEC’s rulemaking authority and whether the bill provides sufficient safeguards for water resources, public health, and community impacts.
Protecting American Energy Production Act This bill prohibits the President from declaring a moratorium on the use of hydraulic fracturing unless Congress authorizes the moratorium. The bill also expresses the sense of Congress that states should maintain primacy for the regulation of hydraulic fracturing for oil and natural gas production on state and private lands. Hydraulic fracturing, or fracking, is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the formation.