senate Bill S6892

2011-2012 Legislative Session

Creates the High-volume Hydraulic Fracturing Waste Tracking Program

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Apr 04, 2012 referred to environmental conservation

Votes

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Jun 5, 2012 - Environmental Conservation committee Vote

S6892
8
1
committee
8
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Environmental Conservation Committee Vote: Jun 5, 2012

nay (1)

Co-Sponsors

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S6892 - Bill Details

See Assembly Version of this Bill:
A10211
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 23 Title 25 ยงยง23-2501 & 23-2503, En Con L

S6892 - Bill Texts

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Creates the High-volume Hydraulic Fracturing Waste Tracking Program; requires the commissioner of environmental conservation to track the generation, transportation and receipt of liquid and solid waste associated with the production of oil and gas.

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BILL NUMBER:S6892

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
creating the "High-volume Hydraulic Fracturing Waste Tracking
Program"

PURPOSE OR GENERAL IDEA OF BILL:
To establish a tracking program for
liquid and solid waste associated with natural gas production where
high-volume hydraulic fracturing is utilized.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends article 23 of the environmental conservation law by
adding a new title 25 which establishes a high-volume hydraulic
fracturing waste tracking program. Such program shall: (a) provide
for the tracking of the transportation of liquid and solid waste
associated with the production of natural gas where high-volume
hydraulic fracturing is utilized; (b) include a system for providing
the generator with assurance that the materials were treated or
received by the receiving facility; (c) use a uniform form or forms
for tracking; (d) require the generator to deliver a copy of the
manifest form to the department when the shipment leaves their
facility site;
(e) require receiving facility to deliver a copy of the manifest form
to the department when the shipment arrives at the receiving
facility; (f) use a computer system to maintain a record of data from
the manifests and track the movement of liquid and solid waste; and
(g) display data records on the department's website.

Section 2 provides the effective date.

JUSTIFICATION:
The solid and liquid wastes associated with high-volume
hydraulic fracturing present a potential threat to the environment
and public safety should they be discharged or disposed of
improperly. Strict oversight by the Department of Environmental
Conservation as well as public transparency is necessary to ensure
that these materials are accounted for and properly transported from
"cradle to grave." The department has proposed implementing a
tracking system for high-volume hydraulic fracturing liquid and solid
wastes that would be analogous to the system currently used to track
medical waste. This bill would require the department to use a more
robust tracking system similar to that which is used for hazardous
waste.
This would require waste generators and receiving facilities to send a
copy of the manifest form to the department, which will use a
computer system to maintain data records and track the wastes. These
records would be available to the general public on the department's
website.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6892

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by Sens. GRISANTI, SALAND -- 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
  creating the "High-volume Hydraulic Fracturing Waste Tracking Program"

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

  Section 1. Article 23 of the environmental conservation law is amended
by adding a new title 25 to read as follows:
                                TITLE 25
         HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM
SECTION 23-2501. DEFINITIONS.
        23-2503. HIGH-VOLUME   HYDRAULIC   FRACTURING   WASTE   TRACKING
                   PROGRAM.
S 23-2501. DEFINITIONS.
  1. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING  INITIAL  COMPLETION
AND  CLEAN UP OF THE WELL OR CLEAN UP OF A WELL FOLLOWING RE-FRACTURE OR
WORK OVER OF A WELL.
  2. "GENERATORS" MEANS ANY OWNER OR OPERATOR OF AN OIL OR GAS WELL  PAD
WHOSE ACTS OR PROCESSES PRODUCE SOLID OR LIQUID WASTE.
  3.  "HIGH-VOLUME  HYDRAULIC  FRACTURING"  OR  "(HVHF)" MEANS HYDRAULIC
FRACTURING FOR NATURAL GAS EXTRACTION USING GREATER THAN 300,000 GALLONS
OF WATER REGARDLESS OF WHETHER THE  WELL  IS  VERTICAL,  DIRECTIONAL  OR
HORIZONTAL.
  4.    "MANIFEST"  MEANS  THE  FORM  USED FOR IDENTIFYING THE QUANTITY,
COMPOSITION, AND THE ORIGIN, ROUTING,  AND  DESTINATION  OF  LIQUID  AND
SOLID  WASTE  DURING  ITS TRANSPORTATION FROM THE POINT OF GENERATION TO
ANY INTERMEDIATE POINTS AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL.
  5. "OIL AND GAS PRODUCTION" MEANS ALL ACTIVITIES ASSOCIATED  WITH  THE
EXPLORATION  AND  PRODUCTION  OF OIL AND GAS, INCLUDING, BUT NOT LIMITED
TO, (A) DEVELOPMENT OF OIL AND GAS WELLS; (B) ACTIVITIES ASSOCIATED WITH
DRILLING, STIMULATING, COMPLETING, OR OPERATING AN OIL OR GAS WELL;  (C)
ACTIVITIES  ASSOCIATED  WITH THE CONSTRUCTION OR OPERATION OF FACILITIES
FOR THE COLLECTION AND TRANSMISSION OF OIL AND  GAS  FROM  OIL  AND  GAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13947-06-2

S. 6892                             2

WELLS  TO  CONSUMERS; AND (D) THE TRANSPORTATION OF MATERIALS ASSOCIATED
WITH AN OIL AND GAS WELL SITE OR PRODUCTION WHETHER OR NOT  THE  OIL  OR
GAS  IS  RE-INJECTED INTO THE SUBSURFACE OF THE EARTH, FROM A GEOLOGICAL
FORMATION AND THE TRANSPORTATION OF THAT OIL OR GAS TO ANOTHER LOCATION.
  6.  "PRODUCTION  BRINE"  OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED
DURING OIL AND GAS PRODUCTION.
  7. "SOLID AND LIQUID WASTE" MEANS, BUT IS NOT LIMITED  TO:  PRODUCTION
BRINE,  PRODUCED  WATER, FLOWBACK FLUID, AND DRILL CUTTINGS FROM OIL AND
GAS PRODUCTION.
  8. "TRANSPORT" SHALL MEAN THE MOVEMENT OF LIQUID AND SOLID WASTE ASSO-
CIATED WITH OIL AND GAS PRODUCTION FROM THE POINT OF GENERATION  TO  ANY
INTERMEDIATE  POINTS  AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL. FOR
THE PURPOSES OF THIS TITLE, THE  POINT  OF  GENERATION  WITH  REGARD  TO
FACILITIES THAT ARE GENERATORS OF SUCH WASTE SHALL BE THE POINT AT WHICH
SUCH WASTE LEAVES THE GENERATOR'S FACILITY SITE.
S 23-2503. HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM.
  1.  THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR TRACKING THE GENER-
ATION, TRANSPORTATION AND RECEIPT OF LIQUID AND SOLID  WASTE  ASSOCIATED
WITH  THE PRODUCTION OF NATURAL GAS WHERE HIGH-VOLUME HYDRAULIC FRACTUR-
ING IS UTILIZED.
  2. SUCH PROGRAM SHALL:
  A. PROVIDE FOR THE TRACKING OF THE TRANSPORTATION OF SUCH  WASTE  FROM
THE GENERATOR TO THE RECEIVING FACILITY;
  B.  INCLUDE  A  SYSTEM FOR PROVIDING THE GENERATOR WITH ASSURANCE THAT
THE MATERIALS WERE TREATED OR RECEIVED BY THE RECEIVING FACILITY;
  C. USE A UNIFORM FORM OR FORMS FOR TRACKING;
  D. REQUIRE THE GENERATOR TO DELIVER A COPY OF THE MANIFEST FORM TO THE
DEPARTMENT WHEN THE SHIPMENT LEAVES THEIR FACILITY SITE;
  E. REQUIRE RECEIVING FACILITY TO DELIVER A COPY OF THE  MANIFEST  FORM
TO THE DEPARTMENT WHEN THE SHIPMENT ARRIVES AT THE RECEIVING FACILITY;
  F.  USE  A COMPUTER SYSTEM TO MAINTAIN A RECORD OF DATA FROM THE MANI-
FESTS AND TRACK THE MOVEMENT OF LIQUID AND SOLID WASTE; AND
  G. DISPLAY DATA RECORDS ON THE DEPARTMENT'S WEBSITE.
  S 2. This act shall take effect immediately.

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