My Request That Governor Hochul Not Sign Carbon Dioxide Fracking Prohibition Legislation (Senate Bill S8357 and Assembly Bill A8866) Into Law

Many activists have asked me about legislation that reportedly, "Prohibits Use of Carbon Dioxide to Drill and Extract Natural Gas and Oil" in New York State. The legislation passed both the State Senate (S8357) and the Assembly (A8866). It reportedly awaits the Governor's signature.

I was not involved with drafting or lobbying this bill. So far as I know, the Governor has not committed to signing the bill into law.

The Perils of Legislative Advocacy

During my 15-year campaign to keep New York 100% free of shale fracking, I never advocated any legislative solutions even though in an earlier life I worked for 12 years as an environmental lobbyist in Albany and Washington. I always believed that it was critically important to require our Governors to keep shale fracking out of New York using their sole authority. This is the key strategy that stopped fracking in our state.

In 2010, Green Groups would not listen to me about the perils of legislative lobbying and supported an extremely weak moratorium bill that passed both the State Senate and the Assembly. It was promptly vetoed by Governor Patterson. This debacle underscores the pitfalls of legislative advocacy.

See: No fracking moratorium. But a delay.

My Request That Governor Hochul Not Sign Senate Bill S8357 and Assembly Bill A8866 into Law

However well-intentioned the legislation might be, I believe there can be no dispute that it is fatally flawed and must not be enacted into law. I just submitted a detailed:

Request That Governor Hochul Not Sign Senate Bill S8357 and Assembly Bill A8866 Into Law

The bill amends existing State law by adding a mere three words: "No permits shall be issued authorizing an applicant to drill, deepen, plug back, or convert wells that use high-volume hydraulic fracturing or carbon dioxide (new language is emphasis in the original) to complete or recomplete natural gas or oil resources."

The bill has major shortcomings. First, the bill references, but does not amend New York's largely meaningless Hydrofracking prohibition:

"For purposes of this section, high-volume hydraulic fracturing shall be defined as the stimulation of a well using three hundred thousand or more gallons of water as the base fluid for hydraulic fracturing (emphasis added) for all stages in a well completion, regardless of whether the well is vertical or directional, including horizontal."

It is absolutely imperative to plug the critical loophole in New York's sham Hydrofracking prohibition that permits using 299,999 or fewer gallons of water to frack shale. There is no material difference between this amount and the 300,000 gallons of water that is prohibited.

Second, the bill fails to define using carbon dioxide to extract natural gas and oil from Marcellus tight shale and other low-permeability formations as High-Volume Hydraulic Fracturing. Using carbon dioxide to extract natural gas and oil must be defined as High-Volume Hydraulic Fracturing so that the process can be prohibited under State authority.

This is a key concern because the bill could permit injecting carbon dioxide into Marcellus Shale as part of Carbon Capture, Utilization and Sequestration or storage programs potentially subject to Federal regulatory authority in our state.

This is precisely what the proponent of carbon dioxide fracking in the Southern Tier is suggesting. This could lead to disastrous fracking hazards that must be avoided.

Finally, the bill fails to prohibit High-Volume Hydraulic Fracturing methods using nitrogen, gelled propane, aka liquefied petroleum gas (LPG), natural gas and other non-water methods combined with directional or horizontal drilling. Unless these non-water fracking methods are prohibited, it is only a matter of time before they are proposed. Gelled propane fracking was proposed the same day the limited hydrofracking prohibition was adopted in New York.

In short, the bill does not fulfill our: Request That Governor Hochul Prohibit All Forms of High-Volume Hydraulic Fracturing Combined With Horizontal Drilling in New York In Order to Prevent Carbon Dioxide Marcellus Shale Natural Gas Extraction

Conclusion

We must do everything feasible to require Governor Hochul to prohibit all forms of High-Volume Hydraulic Fracturing, including using carbon dioxide, water or any other substances, combined with directional or horizontal drilling. This would translate the Final SGEIS conclusions into regulatory requirements that can safeguard New York from the irreversible public health and environmental hazards caused by shale fracking.

This is why we must not accept any half-way measures or promises of future protections.

Please note that the Governor could fulfill our comprehensive request with an Executive Order at her sole discretion without any delay.

Keep Pressuring the Governor

Please call Governor Hochul at 518 474 8390 to reiterate our: Request That Governor Hochul Prohibit All Forms of High-Volume Hydraulic Fracturing Combined With Horizontal Drilling in New York In Order to Prevent Carbon Dioxide Marcellus Shale Natural Gas Extraction
Say: "My name is __ and I live at __. I request that Governor Hochul immediately adopt a comprehensive 100% prohibition of all forms of High-Volume Hydraulic Fracturing using water and non-water methods, including carbon dioxide, nitrogen, liquefied petroleum gas or any other substances, combined with horizontal drilling."

Thanks for all your help. Please keep advocating. Do not stop until you drop or New York could get fracked.

Onward and upward,

Walter