senate Bill S7783

2013-2014 Legislative Session

Relates to standards of performance for wastewater facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to environmental conservation

Co-Sponsors

S7783 - Bill Details

See Assembly Version of this Bill:
A5464A
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §§17-0513 & 17-0709, En Con L

S7783 - Bill Texts

view summary

Relates to standards of performance for wastewater facilities.

view sponsor memo
BILL NUMBER:S7783

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to wastewater treatment facilities

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
that wastewater treatment facilities safely handle water from hydraulic
fracturing operations.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would:

*prohibit wastewater treatment facilities from accepting wastewater from
hydraulic fracturing operations unless such facilities meet performance
requirements; and,

*require the Commissioner of the Department of Environmental Conserva-
tion (DEC) to promulgate regulations establishing a standard of perform-
ance for the discharge of pollutants from facilities that treat wastewa-
ter from hydraulic fracturing facilities. Such standards shall permit no
discharge of pollutants, or if not feasible, shall require the greatest
possible degree of effluent reductions.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Adds a new
17-0513 and a new § 17-0709 to the Environmental Conservation Law.

JUSTIFICATION: Hydraulic fracturing (fracking) involves the high-pres-
sure injection of millions of gallons of water and multiple chemicals
into rock to stimulate the production of oil and gas. The hydraulic
fluid often includes several different categories of chemicals includ-
ing: proppants (to open fractures); acids (to clean up cement); break-
ers (to reduce viscosity and enhance fluid recovery);
bactericides/biocides (to prevent the growth of bacteria that could
reduce the ability of the fluid to carry proppant); clay stabilizer (to
prevent the formation of clays that could decrease permeability); corro-
sion inhibitor (to reduce rust formation on steel tubing and tanks);
crosslinkers (to increase fluid viscosity); friction reducers (to
increase fluid flow); gelling agents (to increase viscosity); iron
controls, scale inhibitors, and, surfacants (to aid fluid recovery). The
resulting wastewater, commonly referred to as produced water, is highly
salty and contains all of the residual chemicals. If not treated proper-
ly at wastewater treatment facilities, those chemicals could enter the
water supply.

In response to concerns about water contamination and the ability of
treatment plants to properly handle fracking waste, Pennsylvania
required drillers to stop taking such waste to the State's treatment
facilities. This legislation would enact a similar prohibition until DEC
is able to adopt protective treatment standards.

PRIOR LEGISLATIVE HISTORY: 2012- A.7987-C: Ordered to third reading
cal.52

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately; provided,
however, that section two shall take effect January 1, 2019.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7783

                            I N  S E N A T E

                              June 9, 2014
                               ___________

Introduced  by Sens. O'BRIEN, 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
  wastewater treatment facilities

  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 17-0513 to read as follows:
S 17-0513. STANDARDS OF PERFORMANCE FOR WASTEWATER FACILITIES.
  NO WASTEWATER TREATMENT FACILITY IN THE STATE SHALL ACCEPT ANY  WASTE-
WATER  FROM  HYDRAULIC  FRACTURING OPERATIONS UNLESS SUCH FACILITY MEETS
THE REQUIREMENTS ESTABLISHED IN SECTION 17-0709 OF THIS ARTICLE.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 17-0709 to read as follows:
S 17-0709. WASTEWATER TREATMENT FACILITIES.
  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY  CONTAINED IN SUBDIVISION
TWENTY-ONE OF SECTION 17-0105 OF THIS ARTICLE,  THE  COMMISSIONER  SHALL
PROMULGATE  REGULATIONS  ESTABLISHING  A STANDARD OF PERFORMANCE FOR THE
CONTROL OF THE DISCHARGE  OF  POLLUTANTS  FROM  FACILITIES  WHICH  TREAT
WASTEWATER  FROM  HYDRAULIC  FRACTURING  OPERATIONS.  THIS  STANDARD  OF
PERFORMANCE SHALL PERMIT NO DISCHARGE OF POLLUTANTS, OR IF NOT FEASIBLE,
SHALL REFLECT THE  GREATEST  DEGREE  OF  EFFLUENT  REDUCTION  ACHIEVABLE
THROUGH APPLICATION OF THE BEST AVAILABLE DEMONSTRATED CONTROL TECHNOLO-
GY,  PROCESSES,  OPERATING METHODS, OR OTHER ALTERNATIVES. THIS STANDARD
OF PERFORMANCE SHALL REMAIN IN EFFECT UNTIL SUCH TIME THAT  THE  FEDERAL
GOVERNMENT  DETERMINES  THAT  A GREATER DEGREE OF EFFLUENT LIMITATION IS
ACHIEVABLE BY THIS CATEGORY OF FACILITIES, AT WHICH TIME  THIS  STANDARD
OF PERFORMANCE SHALL BE SUPERSEDED BY SUCH FEDERAL STANDARD.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect January 1, 2019.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04767-03-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.