S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
February 1, 2013
Introduced by Sen. ADDABBO -- 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
requiring treatment works to test waste from hydraulic fracturing
operations to test for radioactivity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 17-0833 to read as follows:
S 17-0833. INDUSTRIAL WASTE FROM HYDRAULIC FRACTURING OPERATIONS.
1. THE COMMISSIONER SHALL, AFTER HOLDING A PUBLIC HEARING WITH DUE
NOTICE, PROMULGATE REGULATIONS REQUIRING TREATMENT WORKS WHICH TREAT
INDUSTRIAL WASTE FROM HYDRAULIC FRACTURING OPERATIONS CONDUCTED BY A
PERMIT HOLDER UNDER TITLE FIVE OF ARTICLE TWENTY-THREE OF THIS CHAPTER
TO CAUSE TESTS TO BE PERFORMED ON THE WATER DISCHARGED THEREFROM.
2. FOR PURPOSES OF THIS SECTION, TESTS TO BE PERFORMED ON THE WATER
SHALL MEAN WATER SAMPLING TO IDENTIFY COMPOUNDS OR CONTAMINANTS OF
CONCERN. COMPOUNDS OR CONTAMINANTS OF CONCERN SHALL INCLUDE INGREDIENTS
CONTAINED IN HYDRAULIC FRACTURING FLUIDS AND CHEMICAL TREATMENTS,
INCLUDING, BUT NOT LIMITED TO, RADIOACTIVE CONTAMINANTS SUCH AS RADIUM
AND ANY OTHER CONTAMINANTS IDENTIFIED BY THE DEPARTMENT.
3. NO WASTE FROM HYDRAULIC FRACTURING OPERATIONS OUTSIDE THE STATE OF
NEW YORK SHALL BE ACCEPTED, TREATED OR DISCHARGED BY ANY PERMIT HOLDER
PURSUANT TO THIS ARTICLE.
4. FOR PURPOSES OF THIS SECTION "HYDRAULIC FRACTURING" MEANS A PROCESS
USED TO CREATE FRACTURES IN ROCK BY MAN-MADE FRACTURING TECHNIQUES FOR
THE PURPOSES OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.