S T A T E O F N E W Y O R K
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4914
2015-2016 Regular Sessions
I N A S S E M B L Y
February 9, 2015
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Introduced by M. of A. GALEF, BUCHWALD, SCHIMEL -- 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.
LBD00050-01-5
A. 4914 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.