Since its passage by the New York State Assembly last week, a bill that would impose a moratorium on hydrofracking for natural gas until May has been sitting on Gov. David Paterson's desk, awaiting his signature. Paterson has til Saturday to decide whether or not to sign it. And with the bill in limbo, emotions from both the anti- and pro-drilling camps are running high.
In the Elmira Star-Gazette today: Broome County executive Barbara Fiala is mustering gas supporters to encourage Paterson not to sign.
The group was critical of the language of the bill, which does not differentiate between vertical and high-volume horizontal hydrofracking. The latter, which uses far more fluid and has been the subject of much local and national debate, is currently under a de facto moratorium while the DEC finalizes its permitting guidelines. Vertical fracking has long been permitted in New York.
"We stand together today with one message: Gov. Paterson, pease do not let politics stop an industry currently operating in New York state, and do not let this moratorium bill keep additional natural gas companies from being allowed to operate in our region and our state," Fiala said.
There's a little hyperbole going on, here. Strictly speaking, Fiala's right -- the bill would keep additional natural gas companies from hydrofracking in New York State, even in the more conventional (and less water-intensive) vertical applications that have been around a lot longer than horizontal drilling. But the key word here is "additional" -- the moratorium bill isn't going to put a stop to any drilling operations that have already received permits, or whose permits will come up for renewal.
Last week, Sue Heavenrich, who runs an admirably well-written and science-y blog called The Marcellus Effect, weighed in on the confusion about what the bill does and does not say:
The moratorium, explains Assemblywoman Barbara Lifton, will allow the state more time to obtain a complete picture of environmental impacts from the technology. She would rather see the state wait until after the EPA completes their study before issuing new permits… but this is what ended up on the table – er, floor of the Assembly Monday night.
It wasn’t a shoo-in, either. Assembly members engaged in lengthy discussion, bringing numerous questions to the chair.
Did they know that vertical drilling would be affected? Most assuredly, Lifton said. The bill does not specify horizontal fracturing because the concern is protecting water and the environment from the numerous toxic chemicals used in the hydro-fracking process – regardless of how the well is drilled.
Lifton set the record straight: “The moratorium does not interfere with current drilling projects or permits that are in effect.” Indeed, anyone reading the actual text of the bill would notice that the first sentence clearly states the act establishes a “suspension of the issuance of new permits”.
Moreover, the end of the section just as clearly states that the act “shall not apply to permits issued prior to the effective date of this act which utilize hydraulic fracturing that are subject to renewal.”
Still curious? Check out the (very short) bill itself -- here's the text of it from the Legislative Research Service.
3:30pm update: Another take on the moratorium, from un-naturalgas.org.
