The New York State Senate

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

                                 9074--A

                          I N  A S S E M B L Y

                             March 12, 2014
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Environmental  Conservation  --  committee  discharged,  bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the use of waste from oil or natural gas extraction activ-
  ities 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 two new subdivisions 15 and 16 to read as follows:
  15. THE DEPARTMENT SHALL PROHIBIT THE USE OF WASTE GENERATED FROM  OIL
OR  NATURAL  GAS  EXTRACTION  ACTIVITIES  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. SUCH PROHIBITION SHALL EXTEND TO ALL WASTE FROM OIL OR
NATURAL GAS WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETERMI-
NATION PURSUANT TO 6 NYCRR PART 360.
  16.  THE DEPARTMENT SHALL PROHIBIT THE USE OF WASTE GENERATED FROM THE
STORAGE OF OIL OR NATURAL GAS ON ANY HIGHWAY AS DEFINED  IN  SUBDIVISION
FOURTEEN  OF  SECTION  TWO  OF  THE  TRANSPORTATION LAW, FOR ANY PURPOSE
INCLUDING, BUT NOT LIMITED TO, DE-ICING, DUST SUPPRESSION OR  ANY  OTHER
USE.  SUCH PROHIBITION SHALL EXTEND TO ALL WASTE FROM OIL OR NATURAL GAS
WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETERMINATION PURSU-
ANT TO 6 NYCRR PART 360.
  S 2. Paragraphs d and e of subdivision 20 of section  23-0101  of  the
environmental conservation law, as amended by chapter 846 of the laws of
1981,  are  amended  and two new paragraphs f and g are added to read as
follows:
  d. The inefficient storing of oil or gas; [and]
  e. The flaring of gas produced from an oil or  condensate  well  after
the department has found that the use of the gas, on terms that are just
and reasonable, is, or will be economically feasible within a reasonable
time[.];

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

                                                           LBD01676-07-4

A. 9074--A                          2

  F.  ANY  WASTE  THAT  IS  GENERATED  AS A RESULT OF OIL OR NATURAL GAS
EXTRACTION ACTIVITIES WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO,  LEAC-
HATE FROM SOLID WASTE ASSOCIATED WITH NATURAL GAS ACTIVITIES. THIS WASTE
MAY  CONSIST OF, AMONG OTHER SUBSTANCES, WATER, BRINE CHEMICAL ADDITIVES
OR  NATURALLY  OCCURRING  RADIOACTIVE MATERIALS (NORM) AND HEAVY METALS;
AND
  G. ANY WASTE THAT IS GENERATED FROM THE STORAGE OF OIL OR NATURAL GAS.
  S 3. Section 23-0101 of the environmental conservation law is  amended
by adding a new subdivision 21 to read as follows:
  21.  "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR GEOPHY-
SICAL ACTIVITIES RELATED TO THE EXPLORATION  OR  EXTRACTION  OF  OIL  OR
NATURAL GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT
LIMITED TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING.
  S  4.  Subdivision 3 of section 71-1307 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
read as follows:
  3.  Criminal  sanctions.  Any  person  who, having any of the culpable
mental states defined in sections 15.05 and  20.20  of  the  penal  law,
violates  any  provision  of  article  23 of this chapter or commits any
offense described in section 71-1305 of this title shall be guilty of  a
misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
not to exceed one thousand  dollars  for  each  day  during  which  such
violation  continues  or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment. If the conviction is for  a
subsequent  offense  committed  after  a first conviction of such person
under this subdivision, punishment shall be by  a  fine  not  to  exceed
eight  thousand dollars for each day during which such violation contin-
ues or by imprisonment for a term of not more than one year, or by  both
such  fine  and  imprisonment.    NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ANY PERSON  WHO  VIOLATES  THE  PROVISIONS  OF  SUBDIVISION
FIFTEEN  OR SIXTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHA-
BLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS  PER  VIOLATION
AND/OR  BY  IMPRISONMENT  FOR  A  TERM  OF NOT MORE THAN ONE YEAR.  EACH
INTRODUCTION OR USE AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS
EXTRACTION  ACTIVITIES  AND/OR  WASTE FROM THE STORAGE OF OIL OR NATURAL
GAS SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.