Suzannah Glidden, Chair Hands Across the Border 19 Sunset Place North Salem, New York 10560 Renaneee (914) 845-1082 Tel/Fax Comments submitted for Senate Democratic Conference Public Forum cn Hydrofracking, Wednesday, April 25, 2012 After 3 % years, New York still has the worst fracking regulations in the United States. New York has no tax at the wellhead but has free water for frackers. New York has no place to get rid of the fracking flownack except to illegally dump it into cour beautiful rivers and streams and now unconscionably permitted by NYSDEC to spread it on New York roads. New York has not overtumed Compulsory Integration and New York still bas no Health Impact Assessment as yet! New Yorkers are despairing of our state government and especially the Republican- controlled Senate and Governor Cuomo for the way he is conducting the recklessly inadequate review of high volume hydrofracking for methane gas disregarding the science that proves its psychotic lunacy. ‘The governor, EnCon chair Grisanti and Majority Leader Skelos should be recalled and the head of DEC Minerals Division fired. Since we have no Recall and Referendum in NYS, something that should be constitutionally corrected, at least they should be voted out of office and fired for refusing to represent the will of the people while instead putting our very lives at such unbelievable risk to march us down the road of putlic safety, environmental and economic ruin. It is suicidal to use up and lethally poison our precious and ever more scarce fresh water supply on Mother Earth. On May 4th when it’s released, obtain a copy of the documentary “Last Call at the Oasis” and see how few years are left with water supply for our wwestem cities and Midwestem breadbasket. Only four years of water remain in Lake Meade, the Ogallala Aquifer nears extinction, and countries around the world suffer acute scarcity. We are in deep water crisis yet NYS has not yet stopped this fracking madness? Hydrofracking is a crime against humanity and all species whose lives depend on clean water, ait and land, Fracking should legislatively be made the crime that it is. ‘We implore our legislators to resolutely stand up on our behalf. Sponsor and pass Public Law #1 to criminalize hydrofracking, available in draft form at FrackBustersNY.org and herewith submitted in my testimony. Make corporate frackers the Class C felons that they are! a8DRAFT DRAFT DRAFT New York Public Law #1 SUMMARY: Amends the penal code to criminalize hydraulic fracturing, or fracking, and related activity, and to subject all persons, corporations and government entities that engage in fracking and related activity to criminal ‘penalties. ‘Sponsors: BILL TEXT: STATE OF NEW YORK 2011-2012 Regular Sessions IN ASSEMBLY/SENATE, 2012 Multi-Sponsored by: Introduced by: ‘The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The People of the State of New York declare that use of fracking technology for the furpose of extracting “natural” gas, oil or water, or for any other purpose is destructive to public health; is destructive to the environment, community, economic stability and jobs; is destructive to representative ‘government: and is destructive to the fundamental integrity ofthe hodly patie Section 2, Definitions 2a. The term “hydraulic fracturing," or “racking,” means all the processes involved in mapping, exploring, developing, drilling, extracting, disposing, processing, storing and distributing fossil fuels via hydraulic-fracture drilling. Fracking shall also include any water extraction used for these processes, and all shipping or disposing of sold or fluid wastes or residues from these processes§2b, The term “corporation” means a legal fiction, an artificial entity created under the laws of New York State or another state of the United States, or under the laws of another nation, that is operating in New York State. This term includes any limited partnership, limited liability partnership, business trust or limited liabitity company organized under the laws ofthis State or any state of the United States or under the laws of any other nation, and any other business entity that possesses New York State-conferred limited liability attributes for its shareholders. “Corporation” also applies to any business entity in which one or more owners or partners is a corporation or other artificial entity in law that limits shareholder liability for corporate debt, harm and culpability. “Corporation” also applies to all categories of nonprofit, not-for-profit and ‘municipal corporations as well as all authorities and commissions. Section 3, Declaration. The people of New York State, to protect the health, safety ‘and welfare of all species, including humans, along with the lands, waters, communities and economies of New York; to protect existing industry, businesses and jobs; and to ensure the viability of industry, businesses and jobs in the future, declare fracking, and all activities that enable or are related to fracking, to be criminal offenses. Section 4, Statement of Law. A human person, a legal-fiction corporation or other entity is guilty of the crime of fracking if he, she or it $4a. spends money or arrays technical equipment to locate, study or extract oil, ‘gas or water through fracking from anywhere in New York State. §4b. imports fracking-related materials, including fracking wastes, into the state, §4c. withdraws water from New York State surface water or groundwater for use with fracking in New York State, or for use with fracking in any other state, territory or country. $4d. owns, possesses or transports fracking paraphemalia anywhere in New York State. S4e, advertises, markets or disseminates fracking-related information tthe public or to public officials by print, electronic or oral means, or pays others to do 50.