NY State Senate Bill 2015-S45A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 45a
Jan 15, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Jan 07, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S45 - Details

See Assembly Version of this Bill:: A6836
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§17-0513 & 17-0709, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7987
2013-2014: S7783, A5464
2017-2018: S279
2019-2020: S1474

2015-S45 - Summary

Relates to standards of performance for wastewater facilities.

2015-S45 - Sponsor Memo

                                 BILL NUMBER:  S45

 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
Conservation (DEC) to promulgate regulations establishing a standard
of performance for the discharge of pollutants from facilities that
treat wastewater 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.

 JUSTIFICATION :

Hydraulic fracturing (fracking) involves the high-pressure 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 including:
proppants (to open fractures); acids (to clean up cement); breakers
(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);
corrosion 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 properly 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 :

S.7783 of 2014 (O'Brien): Died in Environmental Conservation
A.5464-A of 2013-2014: Advanced to Third Reading Calendar

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that
section two shall take effect January 1, 2020.

2015-S45 - Bill Text download pdf

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

                                   45

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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, 2020.

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

                                                           LBD01400-01-5

co-Sponsors

2015-S45A (ACTIVE) - Details

See Assembly Version of this Bill:: A6836
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§17-0513 & 17-0709, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7987
2013-2014: S7783, A5464
2017-2018: S279
2019-2020: S1474

2015-S45A (ACTIVE) - Summary

Relates to standards of performance for wastewater facilities.

2015-S45A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S45A

 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
Conservation (DEC) to promulgate regulations establishing a standard
of performance for the discharge of pollutants from facilities that
treat wastewater 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.

 JUSTIFICATION :

Hydraulic fracturing (fracking) involves the high-pressure 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 including:
proppants (to open fractures); acids (to clean up cement); breakers
(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);
corrosion 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 properly 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 :

S.7783 of 2014 (O'Brien): Died in Environmental Conservation
A.5464-A of 2013-2014: Advanced to Third Reading Calendar

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that
section two shall take effect January 1, 2021.

2015-S45A (ACTIVE) - Bill Text download pdf

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

                                  45--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. HOYLMAN, DILAN, KRUEGER, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  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
  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

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

                                                           LBD01400-02-6

S. 45--A                            2

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, 2021.

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Senate Bill S45A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

2015-S45 - Details

2015-S45 - Summary

2015-S45 - Sponsor Memo

2015-S45 - Bill Text download pdf

co-Sponsors

2015-S45A (ACTIVE) - Details

2015-S45A (ACTIVE) - Summary

2015-S45A (ACTIVE) - Sponsor Memo

2015-S45A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

Martin Malavé Dilan

Liz Krueger

Bill Perkins

2015-S45 - Details

2015-S45 - Summary

2015-S45 - Sponsor Memo

2015-S45 - Bill Text download pdf

co-Sponsors

Martin Malavé Dilan

Liz Krueger

Bill Perkins

2015-S45A (ACTIVE) - Details

2015-S45A (ACTIVE) - Summary

2015-S45A (ACTIVE) - Sponsor Memo

2015-S45A (ACTIVE) - Bill Text download pdf

Comments