NY lawmakers aim to close loophole in fracking ban: What to know

Lawmakers are introducing legislation which would prohibit the use of carbon dioxide to extract gas and oil, broadening New York's ban on fracking operations in the state.

Representative of various New York districts introduced the bill on a Zoom call Friday, and were joined by environmental organization leaders as well as Oscar-nominated actor and environmentalist Mark Ruffalo.

The push comes in response to a proposal by Southern Tier CO2 to Clean Energy Solutions (Southern Tier Solutions) to use CO2, rather than water, in its extraction, which critics claim exploits a loophole in the state's current regulations.

What is CO2 extraction?

Southern Tier Solutions has proposed an alternative method for extracting methane gas from the Marcellus and Utica shales in upstate New York. According to the company this method of extraction, which uses supercritical CO2 instead of water, would be carbon negative and does not share the same risks as hydraulic fracturing, or fracking.

Environmental groups claim the risks that come with fracking will remain present regardless of the substance used to extract methane. Sandra Steingraber, a senior scientist with the nonprofit Science and Environmental Health Network who has studied the effects of chemical contamination on humans, said this method of extraction does not remove the need for drilling.

According to Steingraber, any form of extraction will require the industrialization of the landscape, leading to habitat destruction, soil erosion, destroyed wildlife and increased car crashes, among other things. Steingraber claimed the proposed method would pose even more problems due to the toxic nature of liquified CO2, which can be deadly if it enters local water supplies or comes into contact with humans.

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Controversy surrounding the new method

In November, Assemblywoman Donna Lupardo and State Senator Lea Webb called on the New York State Department of Environmental Conservation to investigate the proposed extraction method after local residents started receiving offers to lease land to Southern Tier Solutions.

The month that followed brought demonstrations both in upstate New York and New York City alongside calls for action from environmental groups demanding a ban of this new form of gas extraction. Critics said the method utilized a loophole from the high-volume hydraulic fracturing explicitly banned in New York — the regulations pertain to fracking that uses more than 300,000 gallons of water.

Now, lawmakers are stepping forward with a bill which would expand the definition of fracking to include CO2, instead of requiring the use of water for something to be labeled as fracking. If the bill is passed, it would ban the strategy proposed by Southern Tier Solutions.

More: Binghamton residents have questions about this gas drilling proposal: What we know

What does the bill entail?

The new legislation is sponsored by Assemblywoman Anna Kelles of the 125th district, which includes Ithaca and Cortland, as well as Webb. Co-sponsors for the bill are Lupardo and State Senator Liz Kreuger of the 28th district.

Kelles said the method of extraction proposed by Southern Tier Solutions poses drastic risks for citizens of the area, and must be prevented.

"This is damaging to our environment and damaging to our people," said Kelles. "This simple piece of legislation will expand our current definition of fracking to include carbon dioxide as another medium for dangerous fracking in New York State."

Webb said stopping this method of gas extraction is incredibly important, and lawmakers are committed to taking action.

"As we continue to deal with the negative impacts of climate change, it is imperative that we take action to address any other ways in which companies or other entities are trying to create even more environmental harm and health risks which stay with families for generations," said Webb. "We have to do something, and we most certainly will."

Ruffalo, an outspoken critic of fracking and the gas industry, called the method of extraction an attempt by a company to gain money at the expense of local populations.

"We have news for the gas industry — we aren't falling for it, obviously," said Ruffalo. "An overwhelming movement of New Yorkers rose up to stop fracking a decade ago, and we became one of the first states in the country to ban fracking. We spread that same strategy here and throughout the world, and now we are going to stop the gas industry again. People power works."

This article originally appeared on Binghamton Press & Sun-Bulletin: NY lawmakers claim fracking ban needs tightening: What to know