senate Bill S5123A

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations

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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

  • 10 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 15 / May / 2013
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 15 / May / 2013
    • PRINT NUMBER 5123A
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Mar / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 29 / Apr / 2014
    • DEFEATED IN ENVIRONMENTAL CONSERVATION

Summary

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations.

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Bill Details

See Assembly Version of this Bill:
A7503
Versions:
S5123
S5123A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §23-1712, En Con L

Votes

6
7
6
Aye
7
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S5123A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the transportation or shipment of any waste
product or byproduct from hydraulic fracturing operations

PURPOSE:

The purpose of this legislation is to prevent the disposal of high
volume hydraulic fracturing waste from being transported or disposed
of in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation amends the environmental conservation law to prohibit
high volume hydraulic fracturing waste or waste by-products from being
transported or shipped into or out of New York State for treatment,
discharge, disposal, or storage purposes.

JUSTIFICATION:

New York State waste and treatment facilities are currently the
recipient of waste products from hydraulic fracturing products and
by-products. Waste products and by-predicts from hydraulic fracturing
can legally be disposed of at municipal water treatment plants because
the waste is currently exempt from the federal Resource Conservation
and Recovery Act (RCRA), the Clean Water Act and other environmental
laws. As the result of this exemption, natural gas operators
transporting fracking waste are not considered to be transporting or
receiving "hazardous" waste, and thus are not required to meet the
safeguards established by RCRA and other regulations. In the absence
of federal regulations, states regulate the handling, treatment, and
storage of fracking waste.

In New York State, high volume hydraulic fracturing has not been
authorized, and regulations for handling and disposing of this waste
continue to undergo review. In addition, the United States
Environmental Protection Agency has not completed its study of the
possible health impacts of such waste products on drinking water
resources and is working on national pretreatment standards for waste
disposal of in municipal sewage-treatment plants or private treatment
plants, after finding that many of them are not properly equipped to
treat this type of wastewater, and may be discharging pollutants to
rivers and other streams. Additionally, the EPA warned that there was
probably not enough capacity at out of state treatment plants to
handle polluted water from New York.

In March of 2012, the Niagara Falls City Council blocked a proposal by
its local waste treatment facility to accept fracking waste in order
to offset declining revenues. The City of Niagara Falls and Buffalo
have both adopted local legislation banning the treatment, transport,
storage and disposal of drilling fluids within city limits.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This till shall take effect immediately.

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

                                 5123--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the transportation or shipment of  any  waste  product  or
  byproduct from hydraulic fracturing operations

  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 23-1712 to read as follows:
S 23-1712. PROHIBITION ON THE TRANSPORTATION OR SHIPMENT FOR THE PURPOSE
             OF TREATMENT, DISCHARGE, DISPOSAL OR STORAGE OF HIGH VOLUME
             HYDRAULIC  FRACTURING  WASTE  PRODUCT  OR BY-PRODUCT IN NEW
             YORK STATE.
  NO PERSON, FIRM, PARTNERSHIP OR CORPORATION SHALL  TRANSPORT  OR  SHIP
FOR  THE  PURPOSE OF TREATMENT, DISCHARGE, DISPOSAL OR STORAGE, ANY HIGH
VOLUME HYDRAULIC FRACTURING WASTE PRODUCT  AND/OR  BY-PRODUCT  RESULTING
FROM  HIGH  VOLUME  HYDRAULIC  FRACTURING  OIL AND/OR GAS EXPLORATION OR
PRODUCTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10774-04-3

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