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A08866 Summary:

COSPNSRLupardo, Seawright, Reyes, Ardila, Simone, Simon, Burdick, Epstein, Gallagher, Mamdani, Fahy, Carroll, Levenberg, O'Donnell, Thiele, Rosenthal L, Otis, Colton, Shimsky, Hevesi, Clark, Shrestha, Stirpe, Eachus, Gonzalez-Rojas, Zebrowski, Kim, Barrett, McMahon, Weprin, Sillitti, Raga, Lee
Amd §23-0501, En Con L
Prohibits well permits from being issued to an applicant that uses carbon dioxide to complete or recomplete natural gas or oil resources.
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A08866 Actions:

01/23/2024referred to environmental conservation
02/15/2024advanced to third reading cal.319
03/12/2024passed assembly
03/12/2024delivered to senate
03/20/2024SUBSTITUTED FOR S8357
03/20/20243RD READING CAL.541
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A08866 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting well permits from being issued to an applicant that uses carbon dioxide to complete or recomplete natural gas or oil resources   PURPOSE OR GENERAL IDEA OF BILL: To ban the use of carbon dioxide in gas or oil extraction.   SUMMARY OF PROVISIONS: Sec. 1 - amends paragraph (a) of subdivision 3 of section 23-0501 of the environmental conservation law to prohibit the issuance of permits to drill, deepen, plug back, or convert wells that use CO2 for purposes of bringing a natural gas or oil well into production Sec. 2 - effective date.   JUSTIFICATION: The State's 2020-21 budget added subdivision 3a to ECL 23-0501 to prohibit high volume hydraulic fracturing using water in oil and gas mining because of the many dangers it poses to the environment and human health. Since the fall of 2023, leases are being offered to landowners in the Southern Tier of New York State to undertake injection of carbon dioxide (CO2) into shale formations, with the intention to recover meth- ane gas from the same Marcellus shale formation, with the intent to also store some of the CO2 in the shale formation. Mining methane gas using CO2 injection poses many of the same threats to our water, health, and climate as hydraulic fracturing (a.k.a. fracking) as well as some addi- tional ones. People living near natural gas drilling operations experience higher rates of a multitude of health impacts, including cardiovascular and respiratory diseases, cancer, low birth weights, and premature death. On top of this, the methane-containing shale formations in New York contain naturally occurring radioactive substances that are brought to the surface during the drilling process. Radioactive dust, at levels that can cause health impacts, has been found in homes within 30 miles downwind of drilling pads, and elevated levels of radium have been found in sediments downstream from landfills in Pennsylvania, Ohio, and New York State that had accepted fracking waste. CO2 is itself very dangerous in high concentrations, and ruptured pipe- lines transporting supercritical state CO2 (CO2 under higher pressure and temperature that converts CO2 into a state that has both liquid and gaseous properties) can result in asphyxiation. This was tragically illustrated in Satartia, Mississippi on February 22, 2020 when a CO2 pipeline ruptured, leading to mass CO2 poisoning that left 45 people hospitalized and impeded emergency vehicle response because the released CO2 displaced the oxygen needed for the vehicles' combustion engines to run. Some of the CO2 injected in the process of mining gas can return to the surface along with the methane gas leading to a combination of CO2 and methane leakage. Additionally, not all of the CO2 that is success- fully injected will remain in the geological formations because of vari- ous fissures, fractures, and abandoned wells that offer pathways for leakage. When exposed to moisture, CO2 converts to carbonic acid, a compound that is highly corrosive, and can dissolve rock and cement used around the full vertical length of the well casing, leaching heavy metals from these materials, which can migrate and permanently contam- inate underground aquifers, poisoning drinking water for millions of people. CO2 mining is unlikely to be a source of good jobs in the Southern Tier region. Drilling workers are at risk for exposure to these radioactive substances, as well as many other health and safety risks. According to a recent report from AFL-CIO "Death on the Job: The Toll of Neglect", the mining, quarrying and oil and gas extraction industry is the third most dangerous industry among AFL-CIO members. A 2020 study showed that retired oil and gas workers had the highest prevalence of self-reported poor health of all industry categories of retirees. Independent economic analyses show that the promise of job creation, especially in the Marcellus Shale region of Appalachia, was greatly exaggerated, with most of the fracking-related jobs going to out-of-area workers. Further, during the height of the fracking boom the most intensely drilled coun- ties in Appalachia typically experienced both net job loss and popu- lation loss, and money that was expected to stay in the community was spent elsewhere. A 2021 survey of nearly 17,000 energy-industry recrui- ters, companies, and workers found that in the mining, quarrying and oil and gas extraction field, applications per vacancy remained low, with 43 % of employees reporting a desire to leave the field altogether within the next five years, 56 % of oil and gas workers reporting plans to pursue employment in the renewables sector, and 31 % of recruiters iden- tifying an aging, shrinking workforce as their biggest challenge. Consistent with our state's ban on hydraulic fracturing, and in light of the additional dangers identified above, this bill would ban the use of carbon dioxide in gas or oil extraction.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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