Amendment #36 to S.2021

Relative to Hydraulic Fracturing

Representatives Provost of Somerville, Ehrlich of Marblehead, Kocot of Northampton, Madden of Nantucket, Livingstone of Boston, Cariddi of North Adams, Smizik of Brookline, Rogers of Cambridge, Ashe of Longmeadow and Kulik of Worthington move that the bill be amended by adding, at the end, the following section:

Section XX:

Chapter 21 of the General Laws, 2008 edition, is hereby amended:

SECTION 1) § 26A. Definitions

The following definitions are added:

after line 27:

“Fluid,” any material or substance which flows or moves whether in semi-solid, liquid, sludge, gas, or any other form or state.

“Gas,” all natural gas, whether hydrocarbon or nonhydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas, and all other fluid hydrocarbons not defined as oil.

“Hydraulic fracturing,” the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for the purpose of the production or recovery of oil or gas.

“Oil,” crude petroleum, oil, and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form.

“Oil and gas,” both oil and gas, or either oil or gas, as the context may require to give effect to the purposes of this chapter.

in line 36 of the definition of “pollutant,” after the phrase, “heated effluent,” add the phrase, “hydraulic fracturing fluid,”

SECTION 2) in § 27 add, after line 83, a new subsection:

(14) enforce prohibitions on drilling, waste treatment and disposal, and mining activities which have been enacted to protect the water quality and the natural resources of the commonwealth

SECTION 3) adds a new section 39A:

Hydraulic Fracturing for Oil or Gas Recovery: Prohibition

(a) No person may engage in hydraulic fracturing in the commonwealth.

(b) No person may collect, store, treat, or dispose of wastewater hydraulic fracturing fluid, wastewater solids, sludge, drill

cuttings or other byproducts from hydraulic fracturing within the commonwealth.

SECTION 4) Section 42 is amended by adding, in line 3, after the phrase “the commonwealth,”

“or into an injection well or into a treatment works in the commonwealth.”