senate Bill S3333

Amended

Prohibits the use of waste from oil or natural gas extraction of storage on any highway

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 27 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 27 / Feb / 2014
    • PRINT NUMBER 3333A

Summary

Prohibits the use of waste from oil or natural gas extraction activities or waste from storage of oil or natural gas on any highway.

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Bill Details

Versions:
S3333
S3333A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§23-0305, 23-0101 & 71-1307, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
A6913A

Sponsor Memo

BILL NUMBER:S3333

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the use of flowback water from oil or natural
gas wells, pools or fields on any highway

PURPOSE: This bill would prohibit waste water from hydrofracking,
which contains a variety of chemical and radioactive contaminants,
from being used on highways for purposes such as melting ice.

SUMMARY OF PROVISIONS: The bill prohibits flowback water from oil and
gas wells, pools, or fields, i.e., the waste water from hydrofracking
operations, from being used on highways. Section one of the bill
amends Environmental Conservation Law ("ECL") section 23-0303,
subdivision 8, to add the prohibition against use of flowback water on
highways, and specifically refers to the Transportation Law definition
of highway, to ensure that all public roads are included. Section two
is the effective date, which is 160 days after enactment.

JUSTIFICATION: In addition to the many concerns about the safety of
the process itself and hydrofracking's effect on groundwater and
watersheds, which are the subject of other legislative proposals,
moratoriums and administrative and/or legislative oversight and
regulation, a separate concern about possible reuse of the wastewater
is addressed by this bill. The production of oil and natural gas,
especially the hydraulic fracturing process to extract natural gas,
generally referred to as hydrofracking, generates wastewater with a
variety of contaminants, including endocrine disruptors and
radioactive materials. At least in part because the wastewater is very
salty, it is used in some communities to de-ice roads in the winter,
as well as for other purposes, like suppressing dust, in other
seasons.

Toxic, hazardous, and radioactive fracking waste from oil and natural
gas drilling can potentially cause irreversible damage to water, air,
land and food supplies. Although this waste is hazardous and in fact
exceeds the legal criteria for hazardous waste classification, it is
categorized as "industrial" under federal and state laws as a result
Of special exemptions given to the oil and gas industry. These
exemptions eliminate tracking requirements for its handling, storage,
treatment and disposal of the waste. As such the waste can be used for
many purposes such as road deicer or to suppress dust.

Spreading radioactive fracking waste on roads will expose drivers,
passengers, and pedestrians, to dangerous pollutants while
contaminating nearby surface waters, residential areas, school
properties and farmland. Radioactive particles may become airborne as
trucks and passenger vehicles travel along roads. These events provide
opportunity for.human and livestock inhalation and ingestion of highly
radioactive materials and other contaminants.

Unfortunately, these uses also result in runoff that ran contaminate
the ground water. This bill therefore would prohibit the use of
wastewater from hydrofracking on public roads in New York.

LEGISLATIVE HISTORY: New bill.


FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 180 days after becoming a
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3333

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  use of flowback water from oil or natural gas wells,
  pools or fields on any highway

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Section 23-0305 of the environmental conservation law is
amended by adding a new subdivision 15 to read as follows:
  15. THE DEPARTMENT SHALL PROHIBIT THE USE OF FLOWBACK WATER  FROM  OIL
OR  NATURAL  GAS  WELLS,  POOLS  OR FIELDS ON ANY HIGHWAY, AS DEFINED IN
SUBDIVISION FOURTEEN OF SECTION TWO OF THE TRANSPORTATION LAW,  FOR  ANY
PURPOSE, INCLUDING BUT NOT LIMITED TO USE FOR DE-ICING, DUST SUPPRESSION
OR ANY OTHER USE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01676-02-3

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