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The
Honorable
Antoine
Thompson,
Chair,
New
York
State
Senate
Environment
Committee
Robert
Sweeney,
Chair,
New
York
State
Assembly,
Environment
Committee
RE:
Fleased
position
on
pending
legislation
May
6,
2010
Dear
Senator
Thompson
and
Assemblyman
Sweeny,
We
enthusiastically
support
several
bills
that
deal
with
separate
and
extremely
important
aspects
of
protecting
the
environment
during
the
proposed
drilling
and
extraction
of
natural
gas
in
the
Marcellus
Shale.
We
gratefully
acknowledge
the
work
of
Mr.
Sweeny
and
others
in
the
state
assembly
including
Barbara
Lifton.
We
appreciate
Senator
Thompson’s
interest
in
the
issue
and
we
will
push
for
Senate
sponsors
for
all
of
these
bills.
As
people
who
leased
their
land
before
high-‐impact
gas
exploitation
was
anticipated,
we
are
keenly
interested
in
ensuring
that
NYS
proceed
cautiously.
We
signed
leases
based
on
our
knowledge
and
expectation
of
conventional
gas
development.
For
some
of
us,
the
leases
were
signed
when
spacing
units
were
640
acres
and
the
change
in
law
to
allow
40
acre
units
is
not
what
we
bargained
for.
The
industrialization,
water
contamination,
noise
pollution,
visual
landscape
change,
and
air
impacts
associated
with
the
exploitation
of
shale
gas
using
high-‐volume
hydraulic
fracturing
has
the
potential
to
transform
the
rural
NYS
landscape
forever.
We
thus
support
the
following
bills
(numbers
are
Assembly
bill
numbers):
• 8806:
Requires
permits
for
water
withdrawals.
• 10088:
Prohibits
the
use
of
on-‐site
open
waste
pits
to
store
toxic
fluids.
• 10090:
Prohibits
the
on-‐site
disposal
of
drill
cuttings.
• 10092:
Requires
an
Environmental
Impact
Statement
[EIS]
for
any
hydraulically-‐
fracked-‐well
to
determine
if
it
will
pose
a
threat
to
the
environment
or
public
health.
• 8748:
Provides
extra
protection
for
NYC
watershed,
reinstating
local
zoning,
regulating
fracking
fluids,
liability
for
drillers,
Greenhouse
Gas
[GHG]
as
part
of
permit
review,
well
closure
bonds,
etc.
Fleased.org fleasedny@gmail.com
• 8784:
Requires
drillers
to
pay
for
certified
water
testing.
• 9480:
Allows
individuals
to
sue
for
injury.
• 10490:
Establishes
a
moratorium
on
conducting
hydraulic
fracturing
for
the
extraction
of
natural
gas
or
oil
until
120
days
after
federal
Environmental
Protection
Agency
issues
a
report
on
the
effects
of
hydraulic
fracturing
on
water
quality
and
public
health.
[The
EPA
has
estimated
that
they
will
not
finish
their
study
until
at
least
the
end
of
2012.
The
bill
has
been
referred
to
the
Assembly
Environmental
Conservation
Committee.]
• 10092.
Requires
a
site-‐specific
EIS
for
drilling
permits
using
hydraulic
fracturing.
• 10633.
Reinstates
local
government
authority.
• 6953:
This
bill
is
very
similar
to
10091.
Only
allows
natural
and
organic
materials
in
fracking
fluids
and
no
toxics.
• A10710:
Which
would
place
a
moratorium
on
import
of
fracking
fluids
for
disposal
in
NY
pending
completion
of
the
EPA
study.
• A10614:
would
prohibit
horizonal
drilling
and
hydraulic
facturing
on
or
within
a
mile
of
state
park
lands.
We
enthusiastically
support
these
bills
and
hope
that
you
will
see
that
each
of
these
bills
merits
your
attention
and
support.
In
addition
we
feel
that
the
following
bills
merit
support,
but
believe
that
there
are
important
amendments
discussed
below.
9414:
Makes
drillers
and
landowners
liable
for
all
damages
associated
with
fracking.
This
bill
would
not
apply
to
the
million
and
a
half
acres
already
leased
in
New
York
State.
It
establishes
liability
for
everyone
involved,
including
lessors,
but
grandfathers
those
with
leases
prior
to
enacting
the
law.
Fleased
supports
this
bill
only
if
it
is
very
clear
that
lease
extensions
and/or
renewals
that
are
exercised
by
the
gas
drilling
companies,
and
are
not
extended
at
the
discretion
of
the
lessor,
are
also
grandfathered.
Fleased
also
recommends
amending
it
to
require
landsman
or
anyone
seeking
to
obtain
a
mineral
lease
to
inform
the
landholder
of
this
law.
7572A:
Relates
to
GHG
and
climate
change.
It
mentions
monitoring
at
gas
pipelines,
but
makes
no
mention
of
GHG
impacts
of
extraction,
transport,
water
treatment,
etc..
Fleased
supports
the
bill
if
it
includes
amendments
to
cover
the
whole
life
cycle
of
GHG.
8784.
Requires
gas
drilling
companies
to
“cause”
water
testing
within
1000’
of
well
bore
and
all
wells
in
spacing
unit
before
and
after
drilling.
Fleased
supports
but
recommends
amending
it
to
make
the
gas
drilling
companies
pay
local
health
departments
to
do
the
testing
and
also
to
increase
the
distance
from
the
well
bore
site
to
at
least
1500
feet
since
in
Dimock,
PA
contaminated
wells
were
at
least
as
far
as
1300
feet.
A10091:
Prohibits
the
use
of
chemicals
that
are
known
to
be
harmful
to
human
health
and
requires
the
disclosure
of
chemicals
used
in
fracking
fluids.
Fleased
supports
this
bill,
but
suggests
amending
it
to
also
include
carcinogens
and
endocrine
disrupting
chemicals
.
The
list
of
persistent
bioaccumlative
toxics
mentioned
is
not
a
comprehensive
list.
10292.
Provides
for
bonding
for
well
closure.
Fleased
supports
if
amended
so
that
the
bonding
for
Marcellus
wells,
expected
to
be
2000-‐4000
feet
in
depth,
were
at
least
$250,000.
[As
written,
bonds
for
wells
shallower
than
6000’
are
far
too
low.]
We
oppose
the
following
bill:
5585:
Provides
a
subsidy
for
natural
gas
facilities.
Please
protect
us
from
the
extremely
polluting
and
destructive
process
of
the
proposed
shale
gas
extraction.
Thank
you.
Respectfully,
Ellen
Harrison,
Director
On
behalf
of
Fleased
and
its
members
Cc:
David
A.
Paterson,
New
York
State
Governor
Members
of
the
NYS
Senate
Environment
Committee
Members
of
the
NYS
Assembly
Environment
Committee
James
L.
Seward,
New
York
State
Senator
George
H.
Winner
Jr.,
New
York
State
Senator
Michael
F.
Nozzolio,
New
York
State
Senator
Barbara
S,
Lifton,
New
York
State
Assemblywoman
Steve
Englebright,
New
York
State
Assemblyman
Pete
Grannis,
Commissioner
NYSDEC
Andrew
Cuomo,
New
York
State
Attorney
General
Charles
Schumer,
United
States
Senator
Kirsten
Gillibrand,
United
States
Senator
Maurice
Hinchey,
United
States
Representative
Michael
Arcuri,
United
Sates
Representative
Judith
Enck,
EPA
Regional
Administrator
David
Skorton,
Cornell
University
President
Ithaca
Journal
Albany
Times
Union