S T A T E O F N E W Y O R K
________________________________________________________________________
6997
2017-2018 Regular Sessions
I N A S S E M B L Y
March 29, 2017
___________
Introduced by M. of A. BUCHWALD, ORTIZ, MOSLEY, LAVINE, GUNTHER,
BICHOTTE, GALEF, THIELE, CAHILL, STECK, ZEBROWSKI, ROZIC, HOOPER,
MONTESANO, GLICK, SIMON, GOTTFRIED, CARROLL, WILLIAMS -- Multi-Spon-
sored by -- M. of A. COOK, D'URSO, NOLAN -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
creating the "High-volume Hydraulic Fracturing Waste Tracking Program"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 23 of the environmental conservation law is amended
by adding a new title 25 to read as follows:
TITLE 25
HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM
SECTION 23-2501. DEFINITIONS.
23-2503. HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING
PROGRAM.
§ 23-2501. DEFINITIONS.
1. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING INITIAL COMPLETION
AND CLEAN UP OF THE WELL OR CLEAN UP OF A WELL FOLLOWING RE-FRACTURE OR
WORK OVER OF A WELL.
2. "GENERATORS" MEANS ANY OWNER OR OPERATOR OF AN OIL OR GAS WELL PAD
WHOSE ACTS OR PROCESSES PRODUCE SOLID OR LIQUID WASTE.
3. "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. "MANIFEST" MEANS THE FORM USED FOR IDENTIFYING THE QUANTITY,
COMPOSITION, AND THE ORIGIN, ROUTING, AND DESTINATION OF LIQUID AND
SOLID WASTE DURING ITS TRANSPORTATION FROM THE POINT OF GENERATION TO
ANY INTERMEDIATE POINTS AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04368-01-7
A. 6997 2
5. "OIL AND GAS PRODUCTION" MEANS ALL ACTIVITIES ASSOCIATED WITH THE
EXPLORATION AND PRODUCTION OF OIL AND GAS, INCLUDING, BUT NOT LIMITED
TO, (A) DEVELOPMENT OF OIL AND GAS WELLS; (B) ACTIVITIES ASSOCIATED WITH
DRILLING, STIMULATING, COMPLETING, OR OPERATING AN OIL OR GAS WELL; (C)
ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OR OPERATION OF FACILITIES
FOR THE COLLECTION AND TRANSMISSION OF OIL AND GAS FROM OIL AND GAS
WELLS TO CONSUMERS; AND (D) THE TRANSPORTATION OF MATERIALS ASSOCIATED
WITH AN OIL AND GAS WELL SITE OR PRODUCTION WHETHER OR NOT THE OIL OR
GAS IS RE-INJECTED INTO THE SUBSURFACE OF THE EARTH, FROM A GEOLOGICAL
FORMATION AND THE TRANSPORTATION OF THAT OIL OR GAS TO ANOTHER LOCATION.
6. "PRODUCTION BRINE" OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED
DURING OIL AND GAS PRODUCTION.
7. "SOLID AND LIQUID WASTE" MEANS, BUT IS NOT LIMITED TO: PRODUCTION
BRINE, PRODUCED WATER, FLOWBACK FLUID, AND DRILL CUTTINGS FROM OIL AND
GAS PRODUCTION.
8. "TRANSPORT" SHALL MEAN THE MOVEMENT OF LIQUID AND SOLID WASTE ASSO-
CIATED WITH OIL AND GAS PRODUCTION FROM THE POINT OF GENERATION TO ANY
INTERMEDIATE POINTS AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL. FOR
THE PURPOSES OF THIS TITLE:
A. THE POINT OF GENERATION WITH REGARD TO IN-STATE FACILITIES THAT ARE
GENERATORS OF SUCH WASTE SHALL BE THE POINT AT WHICH SUCH WASTE LEAVES
THE GENERATOR'S FACILITY SITE; AND
B. THE POINT OF GENERATION WITH REGARD TO OUT-OF-STATE FACILITIES THAT
ARE GENERATORS OF SUCH WASTE SHALL BE THE POINT AT WHICH SUCH WASTE
ENTERS INTO THE STATE OF NEW YORK.
§ 23-2503. HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM.
1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR TRACKING THE GENER-
ATION, TRANSPORTATION AND RECEIPT OF LIQUID AND SOLID WASTE ASSOCIATED
WITH THE PRODUCTION OF NATURAL GAS WHERE HIGH-VOLUME HYDRAULIC FRACTUR-
ING IS UTILIZED.
2. SUCH PROGRAM SHALL:
A. PROVIDE FOR THE TRACKING OF THE TRANSPORTATION OF SUCH WASTE FROM
THE GENERATOR TO THE RECEIVING FACILITY;
B. INCLUDE A SYSTEM FOR PROVIDING THE GENERATOR WITH ASSURANCE THAT
THE MATERIALS WERE TREATED OR RECEIVED BY THE RECEIVING FACILITY;
C. USE A UNIFORM FORM OR FORMS FOR TRACKING;
D. REQUIRE THE GENERATOR TO DELIVER A COPY OF THE MANIFEST FORM TO THE
DEPARTMENT WHEN THE SHIPMENT LEAVES THEIR FACILITY SITE;
E. REQUIRE RECEIVING FACILITY TO DELIVER A COPY OF THE MANIFEST FORM
TO THE DEPARTMENT WHEN THE SHIPMENT ARRIVES AT THE RECEIVING FACILITY;
F. USE A COMPUTER SYSTEM TO MAINTAIN A RECORD OF DATA FROM THE MANI-
FESTS AND TRACK THE MOVEMENT OF LIQUID AND SOLID WASTE; AND
G. DISPLAY DATA RECORDS ON THE DEPARTMENT'S WEBSITE.
§ 2. This act shall take effect immediately.