S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4217
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPI-
   NACCI  --  read  once  and  referred to the Committee on Environmental
   Conservation
 
 AN ACT relating to wastewater treatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section  1. Notwithstanding any contrary provision of law, no publicly
 owned treatment works shall accept wastewater associated with the explo-
 ration, delineation, development, or production  of  natural  gas  where
 high-volume hydraulic fracturing is utilized.
   § 2.  A publicly owned treatment works may appeal to the department of
 environmental  conservation  division  of  water  for  an exemption from
 section one of this act if it can meet a standard  of  performance  that
 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 technology, proc-
 esses, operating methods, or other alternatives.
   §  3.  For purposes of this act, "High-volume hydraulic fracturing" or
 "(HVHF)" means hydraulic fracturing for  natural  gas  extraction  using
 greater  than 300,000 gallons of water regardless of whether the well is
 vertical, directional or horizontal.
   § 4. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04367-01-7