Sponsored by:
Assemblywoman CONNIE WAGNER
District 38 (Bergen)
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
Co-Sponsored by:
Assemblymen Caputo, Mainor, Prieto, Assemblywoman Rodriguez and Assemblyman Conners
SYNOPSIS
Prohibits NJ member of Delaware River Basin Commission from supporting use of drilling technique of hydraulic fracturing.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning approvals to withdraw water for certain drilling techniques and supplementing Title 32 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the Delaware River Basin Commission has been charged under its interstate compact, codified in the laws of the State of New Jersey, to protect the waters of the signatory states and the Delaware River Basin from pollution; that the practice of the drilling technique of hydraulic fracturing for natural gas exploration and production has been found to use a variety of contaminating chemicals and materials that can suddenly and in an uncontrolled manner be introduced into the surface waters and ground water of the signatory states; that the companies engaging in the use of this drilling technique have been less than forthcoming in revealing the “cocktail” of chemicals and their volume that can be introduced into these waters; and that in June 2010, there occurred an incident of an uncontrolled release of many gallons of contaminated water and natural gas from a hydraulic fracturing drill site in Clearfield County, Pennsylvania, and other such accidents are likely to occur.
The Legislature therefore determines that, in the interest of public safety and environmental protection, it is necessary and appropriate to prohibit any New Jersey member of the Delaware River Basin Commission from supporting or voting in support of any kind of approval to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production.
2. a. No New Jersey member of the Delaware River Basin Commission may support or vote in support of the issuance, by the commission or any other entity, of any permit or other kind of approval to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production.
b. As used in this act, “hydraulic fracturing” means the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water, often with chemicals, sand, or other substances, and often under pressure, into or underneath the surface of the rock for purposes including, but not necessarily limited to, well drilling and natural gas exploration and production. The term “hydraulic fracturing” shall include “fracking,” “hydrofracking,” “hydrofracturing,” and other colloquial terms for this drilling technique.
3. This act shall take effect immediately.
STATEMENT
This bill prohibits any New Jersey member of the Delaware River Basin Commission from supporting or voting to support the issuance, by the commission or any other entity, of any permit or other kind of approval to withdraw water for the purposes of hydraulic fracturing for natural gas exploration or production.
The bill defines “hydraulic fracturing” as the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water and chemicals, sand, or other substances under pressure into or underneath the surface of the rock for the purpose of well drilling or natural gas exploration. It includes “fracking,” “hydrofracking,” “hydrofracturing,” and other colloquial terms for this drilling technique.
Recently, drilling connected with natural gas exploration along the Marcellus Shale formation in Pennsylvania caused concern and a moratorium on such drilling in Pennsylvania and New York. The Marcellus Shale formation reaches beneath the southern tier of New York State, into Pennsylvania, Ohio, and West Virginia, and touches the edge of northwestern New Jersey. It is one of the largest untapped fossil fuel reserves in the Western Hemisphere and there have been estimates for the area to yield as much as 20 times the current nationwide output of natural gas, but the gas is not easy to extract. On June 5, 2010, hydraulic fracturing in Clearfield County, Pennsylvania caused an explosion and the release of many gallons of contaminated water and uncontrolled natural gas from the drill site.