senate Bill S5123A

2013-2014 Legislative Session

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

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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
Apr 29, 2014 defeated in environmental conservation
Mar 11, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to environmental conservation
May 15, 2013 print number 5123a
amend (t) and recommit to environmental conservation
May 10, 2013 referred to environmental conservation

Votes

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Apr 29, 2014 - Environmental Conservation committee Vote

S5123A
6
7
committee
6
Aye
7
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Environmental Conservation Committee Vote: Apr 29, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S5123 - Bill Details

See Assembly Version of this Bill:
A7503
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §23-1712, En Con L

S5123 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5123

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

PURPOSE:

The purpose of this legislation is to prevent the disposal of
hydraulic fracturing waste from out of state.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation amends the environmental conservation law to prohibit
hydraulic fracturing waste or waste by-products from being shipped
into New York State for disposal purposes.

JUSTIFICATION:

New York State is currently the recipient of waste products from
hydraulic fracturing disposal from other States which are conducting
high volume hydraulic fracturing, commonly referred to as "fracking".
This oil and gas wastewater can legally be disposed of at municipal
water treatment plants because it is currently exempt from the federal
Resource Conservation and Recovery Act (RCRA), which generally
regulates the handling and disposal of oil and gas drilling waste
water. As the result of this exemption, natural gas operators
transporting fracking wastewater are not considered to be transporting
or receiving "hazardous" waste, and thus are not required to meet the
safeguards established by RCRA regulations. In the absence of federal
regulations, states regulate the handling, storage, and transport of
fracking wastewater, including residuals.

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
to be disposed 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.

The United States Environmental Protection Agency has commented on New
York's proposed fracking rules, saying that the state should ban the
use of fracking brine on roads because pollutants could make their way
into aquifers and waterways through infiltration and storm runoff. The
agency also 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 bill shall take effect immediately.

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

                                  5123

                       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

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  importation  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 IMPORTATION OF HYDRAULIC FRACTURING  WASTE
             PRODUCTS OR BYPRODUCTS.
  NO  PERSON, FIRM, PARTNERSHIP OR CORPORATION SHALL IMPORT FOR DISPOSAL
PURPOSES ANY WASTE PRODUCT THAT RESULTS  FROM  HYDRAULIC  FRACTURING  OR
WASTE  BYPRODUCT  THAT RESULTS FROM HYDRAULIC FRACTURING OPERATIONS INTO
NEW YORK STATE INCLUDING, BUT NOT LIMITED TO HYDRAULIC FRACTURING  WASTE
BRINE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10774-03-3

Co-Sponsors

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S5123A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7503
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §23-1712, En Con L

S5123A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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