The New York State Senate

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

                                  4559

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  use of wastewater from hydraulic fracturing for road
  spreading for dust control or de-icing

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

  Section  1.  Section  23-0101 of the environmental conservation law is
amended by adding four new subdivisions 4-a, 7-a, 16-a and 21 to read as
follows:
  4-A. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING INITIAL COMPLETION
AND CLEANUP OF THE WELL OR CLEANUP OF A  WELL  FOLLOWING  REFRACTURE  OR
WORK OVER OF A WELL.
  7-A. "HYDRAULIC FRACTURING" OR WHAT IS COMMONLY REFERRED TO AS "HYDRO-
FRACKING"  IS  THE PROCESS OF USING HIGH-PRESSURED WATER AND HUNDREDS OF
CHEMICALS, INCLUDING RADIOACTIVE MATERIALS, TO DRILL THROUGH  SHALE  FOR
THE PURPOSE OF EXTRACTING NATURAL GAS FROM BELOW THE EARTH'S SURFACE.
  16-A. "PRODUCTION BRINE" OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED
DURING OIL AND GAS PRODUCTION.
  21.  "ROAD"  MEANS  ANY  PUBLIC  ROADS,  STREETS  OR  BRIDGES OWNED OR
CONTROLLED BY THE STATE.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 23-0315 to read as follows:
S 23-0315. WASTEWATER FOR ROAD AND LAND SPREADING; PROHIBITED.
  1.  WASTEWATER  ASSOCIATED  WITH  THE  PRODUCTION OF NATURAL GAS USING
HYDRAULIC FRACTURING, INCLUDING  FLOWBACK  FLUID,  PRODUCTION  BRINE  OR
PRODUCED  WATER, SHALL NOT BE USED FOR THE PURPOSE OF ROAD SPREADING FOR
DUST CONTROL OR DE-ICING. NO PROVISION OF SUCH WASTEWATER THROUGH  STATE
CONTRACTS TO ANY MUNICIPALITY, COMPANY OR BUSINESS FOR USE IN ANY MANNER
IS PERMITTED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05504-01-3

A. 4559                             2

  2.  THE  COMMISSIONER  SHALL  PROMULGATE ANY NECESSARY RULES AND REGU-
LATIONS DETAILING THE PROHIBITION OF HYDRAULIC WASTEWATER FROM SPREADING
ON ROADS FOR USE AS DE-ICER OR DUST CONTROL. FURTHER,  THE  COMMISSIONER
SHALL,  IN CONSULTATION WITH THE OFFICE OF GENERAL SERVICES, ENSURE THAT
HYDRAULIC  WASTEWATER  IS  A  PROHIBITED  PRODUCT,  NOT AVAILABLE TO ANY
GOVERNMENTAL OR COMMERCIAL ENTITY.
  S 3. This act shall take effect immediately.