A new method of hydraulic fracturing to drill for natural gas in the Marcellus Shale is one-third of the way toward being banned in New York state.

The state Assembly approved legislation (A.8866) banning the newest type of fracking earlier this week by a 98-50 vote largely along party lines. The state’s 2020-21 budget added a new subdivision to the state Environmental Conservation Law to prohibit high volume hydraulic fracturing using water in oil and gas mining because of the many dangers it poses to the environment and human health. Natural gas companies are now proposing using carbon dioxide instead of water.

Assemblyman Andrew Goodell, R-Jamestown, was among the Republicans voting against A.8866.

“There should be absolutely no question in anyone’s mind that this bill is intended to make it more difficult, if not impossible, for the natural gas industry to produce natural gas in New York state,” Goodell said. “We are now banning a process without scientific recommendations from our own DEC but we acknowledge the DEC has the power to review it. But rather than let the DEC review it and make their own evaluation we’re being asked to step in as a legislature and ban the use of carbon dioxide to fracture wells.”

The debate between Goodell and Assemblywoman Dr. Anna Kelles, D-Ithaca, was at times contentious, with Assemblyman Jeffrion Aubrey, D-Corona and speaker pro tempore, stopping the debate to tell Goodell the debate is based on questions and answers rather than a courtroom-style cross examination as Goodell and Kelles repeatedly cut interrupted each other. Goodell, during the rest of the debate, tried to get Kelles to allow him to ask questions rather than give long answers that would use too much of the Jamestown Republican’s time for debate.

While Republicans argued the science behind the use of carbon dioxide in hydraulic fracturing is unsettled, Kelles argued that the science also hasn’t proven health and the environment are protected under the newly proposed method.

“When you talk about not having enough science, you’re right, we don’t have enough science to prove any health benefits or any health protections, any environmental protections,” Kelles said. “You’re right. We don’t. That is true. But what we do have is an abundance of what supercritical carbon dioxide does to the human body. What we do have is an abundance of information about what supercritical carbon dioxide does to mineralized rock beds – and both are highly negative. What we do have is a statement from our commissioner of our Department of Environmental Conservation saying even the more studied version of fracking with water based solution, we did not have enough studies to prove that it was safe and this have even less, practically none. We talk about our right to protect our people. That’s our job. That’s literally our job.”

Companion legislation (S.8357) has been passed by the Senate’s Environmental Conservation Committee and the legislation is on the calendar for a full Senate vote. The debate takes on local importance because Chautauqua and Cattaraugus counties sit atop part of the Marcellus Shale, one of the largest sources of natural gas that lies beneath several eastern states. Pennsylvania has used hydraulic fracturing of the Marcellus Shale, with criticisms of the environmental and health impacts the drilling has had on residents there while generating a reported $3.2 billion in state and local tax revenues.

Goodell argued not enough is known about the health and environmental impacts of using carbon dioxide to drill in the Marcellus Shale to ban the practice outright.

“Let’s give a break to the 4.2 million residents that rely on natural gas for home heating,” Goodell said. “Let’s give a break to all the residents who buy electricity that is produced with natural gas. Let’s give a break to all the homeowners and landowners and farmers who could use the gas royalties so they can afford to pay their bills and can afford to stay in New York state and help pay our taxes. We don’t have to attack every conceivable innovative idea that’s being proposed to extract natural gas in an environmentally responsible manner and help all our residents and businesses.”