senate Bill S3333A

2013-2014 Legislative Session

Prohibits the use of waste from oil or natural gas extraction of storage on any highway

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 27, 2014 print number 3333a
amend (t) and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Feb 01, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3333 - Bill Details

See Assembly Version of this Bill:
A9074A
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§23-0305, 23-0101 & 71-1307, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6913A

S3333 - Bill Texts

view summary

Prohibits the use of waste from oil or natural gas extraction activities or waste from storage of oil or natural gas on any highway.

view sponsor memo
BILL NUMBER:S3333

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the use of flowback water from oil or natural
gas wells, pools or fields on any highway

PURPOSE: This bill would prohibit waste water from hydrofracking,
which contains a variety of chemical and radioactive contaminants,
from being used on highways for purposes such as melting ice.

SUMMARY OF PROVISIONS: The bill prohibits flowback water from oil and
gas wells, pools, or fields, i.e., the waste water from hydrofracking
operations, from being used on highways. Section one of the bill
amends Environmental Conservation Law ("ECL") section 23-0303,
subdivision 8, to add the prohibition against use of flowback water on
highways, and specifically refers to the Transportation Law definition
of highway, to ensure that all public roads are included. Section two
is the effective date, which is 160 days after enactment.

JUSTIFICATION: In addition to the many concerns about the safety of
the process itself and hydrofracking's effect on groundwater and
watersheds, which are the subject of other legislative proposals,
moratoriums and administrative and/or legislative oversight and
regulation, a separate concern about possible reuse of the wastewater
is addressed by this bill. The production of oil and natural gas,
especially the hydraulic fracturing process to extract natural gas,
generally referred to as hydrofracking, generates wastewater with a
variety of contaminants, including endocrine disruptors and
radioactive materials. At least in part because the wastewater is very
salty, it is used in some communities to de-ice roads in the winter,
as well as for other purposes, like suppressing dust, in other
seasons.

Toxic, hazardous, and radioactive fracking waste from oil and natural
gas drilling can potentially cause irreversible damage to water, air,
land and food supplies. Although this waste is hazardous and in fact
exceeds the legal criteria for hazardous waste classification, it is
categorized as "industrial" under federal and state laws as a result
Of special exemptions given to the oil and gas industry. These
exemptions eliminate tracking requirements for its handling, storage,
treatment and disposal of the waste. As such the waste can be used for
many purposes such as road deicer or to suppress dust.

Spreading radioactive fracking waste on roads will expose drivers,
passengers, and pedestrians, to dangerous pollutants while
contaminating nearby surface waters, residential areas, school
properties and farmland. Radioactive particles may become airborne as
trucks and passenger vehicles travel along roads. These events provide
opportunity for.human and livestock inhalation and ingestion of highly
radioactive materials and other contaminants.

Unfortunately, these uses also result in runoff that ran contaminate
the ground water. This bill therefore would prohibit the use of
wastewater from hydrofracking on public roads in New York.

LEGISLATIVE HISTORY: New bill.


FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 180 days after becoming a
law.

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

                                  3333

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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
  prohibiting  the  use of flowback water from oil or natural gas wells,
  pools or fields 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 a new subdivision 15 to read as follows:
  15. THE DEPARTMENT SHALL PROHIBIT THE USE OF FLOWBACK WATER  FROM  OIL
OR  NATURAL  GAS  WELLS,  POOLS  OR FIELDS 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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01676-02-3

Co-Sponsors

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S3333A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9074A
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§23-0305, 23-0101 & 71-1307, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6913A

S3333A (ACTIVE) - Bill Texts

view summary

Prohibits the use of waste from oil or natural gas extraction activities or waste from storage of oil or natural gas on any highway.

view sponsor memo
BILL NUMBER:S3333A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the use of waste from oil or natural gas
extraction activities on any highway

PURPOSE: This bill would prohibit waste water from oil and gas
drilling, including hydrofracking, which contains a variety of
chemical and radioactive contaminants, from being used on highways for
purposes such as melting ice.

SUMMARY OF PROVISIONS: The bill prohibits waste generated from oil
and gas industry i.e., the waste water from hydrofracking operations,
from being used on highways.

Section 1 amends Environmental Conservation Law ("ECL") section
23-0305 by adding subdivisions 15 and 16 to prohibit use of waste
generated from oil or natural gas extraction and waste generated from
oil or natural gas storage on highways, and specifically refers to the
Transportation Law definition of highway, to ensure that all public
roads are included.

Section 2 amends ECL section 23-0101 by adding new paragraphs f to add
waste generated as a result of oil or natural gas extraction
activities to the definition of waste. It also amends ECL section
23-0101 by adding a new paragraph g to add waste from oil or natural
gas extraction activities to the definition of waste. It also amends
ECL section 23-0101 by adding new paragraph g to add waste generated
from storage of oil or natural gas to the definition of waste.

Section 3 amends ECL 23-0101 by adding a new subdivision 21 to define
natural gas extraction activities.

Section 4 amends ECL 71-1307 to set out a punishment for violating
section 23-0305.

Section 5 sets forth the effective date as 180 days after enactment.

JUSTIFICATION: There are many concerns about the safety of the
process of hydrofracking and its effect on groundwater and watersheds,
which are the subject of other legislative proposals, moratoriums and
administrative and/or legislative oversight and regulations. A
separate concern about possible reuse of the wastewater is addressed
by this bill. The production of oil and natural gas, especially the
hydraulic fracturing process to extract natural gas, generally
referred to as hydrofracking, generates wastewater with a variety of
contaminants, including endocrine disruptors and radioactive
materials. At least in part because the wastewater is very salty, it
is used in some communities to de-ice roads in the winter, as well as
for other purposes, like suppressing dust, in other seasons.

Toxic, hazardous, and radioactive fracking waste from oil and natural
gas drilling can potentially cause irreversible damage to water, air,
land and food supplies. Although this waste is hazardous and in fact
exceeds the legal criteria for hazardous waste classification, it is
categorized as "industrial" under federal and state laws as a result
of special exemptions given to the oil and gas industry. These


exemptions eliminate tracking requirements for its handling, storage,
treatment and disposal of the waste. As such the waste can be used for
many purposes such as road deicer or to suppress dust.

Spreading radioactive fracking waste on roads will expose drivers,
passengers, and pedestrians, to dangerous pollutants while
contaminating nearby surface waters, residential areas, school
properties and farmland. Radioactive particles may become airborne as
trucks and passenger vehicles travel along roads. These events provide
opportunity for human and livestock inhalation and ingestion of highly
radioactive materials and other contaminants.

Unfortunately, these uses also result in runoff that can contaminate
the ground water. This bill therefore would prohibit the use of
wastewater from hydrofracking on public roads in New York.

LEGISLATIVE HISTORY: 02/01/13 Referred to Environmental Conservation

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 180 days after becoming a
law.

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

                                 3333--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  GIPSON,  DILAN, LATIMER, SAMPSON, TKACZYK -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Environmental Conservation -- recommitted to the Commit-
  tee on Environmental Conservation in accordance with  Senate  Rule  6,
  sec.  8  --  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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01676-06-4

S. 3333--A                          2

  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[.];
  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.

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