Senate Bill S98B

2017-2018 Legislative Session

Relates to prohibiting the acceptance of high volume hyrdaulic facturing wastewater from oil or natural gas extraction activities at wastewater treatment facilities and solid waste management facilities

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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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2018	print number 98b
Jun 07, 2018	amend (t) and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Jun 05, 2017	print number 98a
Jun 05, 2017	amend and recommit to environmental conservation
Jan 04, 2017	referred to environmental conservation

Bill Amendments

Original

B (Active)

co-Sponsors

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2017-S98 - Details

See Assembly Version of this Bill:: A302
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§17-1905 & 27-0703, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5412, A7497
2015-2016: S340, A130
2019-2020: S437, A101

2017-S98 - Summary

Relates to prohibiting the acceptance of high volume hydraulic fracturing wastewater from oil or natural gas extraction activities at wastewater treatment facilities and solid waste management facilities.

2017-S98 - Sponsor Memo

                                 BILL NUMBER:  S98

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
banning the acceptance of wastewater from oil or natural gas
extraction activities at wastewater treatment facilities and landfills

 PURPOSE :

To regulate the sale, application, and disposal of waste associated
with natural gas exploration and extraction activities

 SUMMARY OF PROVISIONS :

Section 1 amends the section 23-0101 of the environmental conservation
law to expand the definition of waste to include waste that is
generated as a result of oil or natural gas extraction.

Section 2 amends section 23-0101 to add a new subdivision to define
natural gas extraction activities. Natural gas extraction activities
is defined as all geologic or geophysical activities related to the
exploration for or the extraction of natural gas.

Section 3 amends section 23-0305 of the environmental conservation law
to add a new subdivision to prohibit the application of waste from oil

or natural gas extraction activities on any state-owned property.

Section 4 amends section 17-1905 of the environmental conservation law
to add a new paragraph f to prohibit waste from oil or natural gas
activities from being introduced in or processed by any waste water
treatment facility in the state of New York.

Section 5 amends section 27-0703 of the environmental conservation law
to add a new subdivision to require the Department of Environmental
Conservation to adopt regulations prohibiting waste from oil or
natural gas extraction activities from being deposited in a solid
waste management facility.

Section 6 amends section 71-1307 of the environmental conservation law
to create a penalty for each violation of subdivision fifteen of
section 230305. The penalty is set forth as a fine not to exceed
twenty-five thousand dollars per violation and/or imprisonment for a
term of not more than one year of section.

Section 7 amends section 71-1933 of the environmental conservation law
to add a new subdivision that sets forth a penalty for violating the
new paragraph f subdivision four of section 17-1905. The penalty is
set forth as a fine not to exceed twenty-five thousand dollars per
violation and/or thirty days imprisonment.

Section 8 amends section 71-2703 of the environmental conservation law
to add a new paragraph d that sets forth the penalty for violating the
rules and regulations to be promulgated pursuant to subdivision seven
of section 27-0703. The penalty is set forth as a fine not to exceed
twenty-five thousand dollars per violation and/or thirty days
imprisonment.

 JUSTIFICATION :

Waste from hydraulic fracturing, including flowback fluid, brine,
solid wastes, and leachate from solid wastes, contain toxic and
radioactive substances that, if placed in our water and waste disposal
systems, can cause significant public health and environmental risks.
Currently, waste from hydraulic fracturing is approved and possibly
could be placed for treatment in waste water treatment facilities and
disposed of in landfills. However, treatment facilities are not
currently equipped to handle these chemicals, contaminants, and
radioactive materials, and dumping this waste in landfills poses the
possibility of it spreading into our environment, threatening our
environment, waterways and public health.

By prohibiting the sale of hydraulic fracturing wastes from disposal
in landfills, as well as in treatment facilities, we can avert any
unnecessary health risks to our wildlife and ourselves.

 LEGISLATIVE HISTORY :

S.340 of 2015-2016 (Hoylman): Died in Environmental Conservation
A.130 of 2015-2016 (Buchwald): Died in Environmental Conservation
S.5412 of 2013-2014 (Gipson): Died in Environmental Conservation
A.7497 of 2013-2014 (Buchwald): Died in Environmental Conservation

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This bill shall take effect on the one hundred eightieth day after it
shall become law.

2017-S98 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    98
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, ADDABBO, DILAN, KRUEGER, LATIMER, PERKINS,
   RIVERA -- 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
   banning  the  acceptance  of  wastewater  from  oil  or  natural   gas
   extraction activities at wastewater treatment facilities and landfills
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 20 of  section  23-0101  of  the  environmental
 conservation  law,  as  amended  by  chapter 846 of the laws of 1981, is
 amended to read as follows:
   20. "Waste" means
   a. Physical waste, as that term is generally understood in the oil and
 gas industry;
   b. The inefficient, excessive or improper use of, or  the  unnecessary
 dissipation of reservoir energy;
   c. The locating, spacing, drilling, equipping, operating, or producing
 of  any  oil  or  gas well or wells in a manner which causes or tends to
 cause reduction in the quantity of oil  or  gas  ultimately  recoverable
 from  a  pool  under  prudent  and proper operations, or which causes or
 tends to cause unnecessary or excessive surface loss or  destruction  of
 oil or gas;
   d. The inefficient storing of oil or gas; [and]
   e.  The  flaring  of gas produced from an oil or condensate well after
 the department has found that the use of the gas, on terms that are just
 and reasonable, is, or will be economically feasible within a reasonable
 time[.]; AND
   F. ANY WASTE THAT IS GENERATED AS A  RESULT  OF  OIL  OR  NATURAL  GAS
 EXTRACTION  ACTIVITIES,  WHICH INCLUDES, BUT IS NOT LIMITED TO, LEACHATE
 FROM SOLID WASTE ASSOCIATED  WITH  NATURAL  GAS  EXTRACTION  ACTIVITIES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01587-01-7

 S. 98                               2
 
 THIS  WASTE MAY CONSIST OF AMONG OTHER SUBSTANCES, WATER, CHEMICAL ADDI-
 TIVES, OR NATURALLY OCCURRING RADIOACTIVE  MATERIALS  (NORM)  AND  HEAVY
 METALS.
   §  2. Section 23-0101 of the environmental conservation law is amended
 by adding a new subdivision 21 to read as follows:
   21. "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR  GEOPHY-
 SICAL ACTIVITIES RELATED TO THE EXPLORATION FOR OR EXTRACTION OF NATURAL
 GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT LIMITED
 TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING.
   §  3. Section 23-0305 of the environmental conservation law is amended
 by adding a new subdivision 15 to read as follows:
   15. THE DEPARTMENT SHALL PROHIBIT THE APPLICATION OF WASTE FROM OIL OR
 NATURAL GAS EXTRACTION ACTIVITIES ON ANY STATE-OWNED REAL PROPERTY,  FOR
 ANY PURPOSE.
   §  4.  Subdivision 4 of section 17-1905 of the environmental conserva-
 tion law is amended by adding a new paragraph f to read as follows:
   F. ENSURE THAT THE INTRODUCTION OF  WASTE  FROM  OIL  OR  NATURAL  GAS
 EXTRACTION ACTIVITIES INTO ANY WASTE WATER TREATMENT FACILITY WITHIN THE
 STATE IS PROHIBITED.
   §  5. Section 27-0703 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING WASTE  FROM  OIL
 OR NATURAL GAS EXTRACTION ACTIVITIES, AS SUCH TERMS ARE DEFINED IN ARTI-
 CLE  TWENTY-THREE OF THIS CHAPTER, FROM BEING DEPOSITED IN A SOLID WASTE
 MANAGEMENT FACILITY.
   § 6. Subdivision 3 of section 71-1307 of the  environmental  conserva-
 tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
 read as follows:
   3. Criminal sanctions. Any person who,  having  any  of  the  culpable
 mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
 violates any provision of article 23 of  this  chapter  or  commits  any
 offense  described in section 71-1305 of this title shall be guilty of a
 misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
 not  to  exceed  one  thousand  dollars  for  each day during which such
 violation continues or by imprisonment for a term of not more  than  one
 year,  or by both such fine and imprisonment. If the conviction is for a
 subsequent offense committed after a first  conviction  of  such  person
 under  this  subdivision,  punishment  shall  be by a fine not to exceed
 eight thousand dollars for each day during which such violation  contin-
 ues  or by imprisonment for a term of not more than one year, or by both
 such fine and imprisonment.   NOTWITHSTANDING  THE  PROVISIONS  OF  THIS
 SUBDIVISION,  ANY  PERSON  WHO  VIOLATES  THE  PROVISIONS OF SUBDIVISION
 FIFTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE
 NOT TO EXCEED TWENTY-FIVE  THOUSAND  DOLLARS  PER  VIOLATION  AND/OR  BY
 IMPRISONMENT  FOR  A  TERM OF NOT MORE THAN ONE YEAR.  EACH INTRODUCTION
 AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS  EXTRACTION  ACTIV-
 ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
   §  7. Section 71-1933 of the environmental conservation law is amended
 by adding a new subdivision 5-a to read as follows:
   5-A. ANY PERSON WHO KNOWINGLY, AS DEFINED  IN  SECTION  15.05  OF  THE
 PENAL  LAW,  VIOLATES  THE  RULES OR REGULATIONS PROMULGATED PURSUANT TO
 PARAGRAPH F OF SUBDIVISION FOUR OF SECTION 17-1905 OF THIS CHAPTER SHALL
 BE PUNISHABLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND  DOLLARS  PER
 VIOLATION  AND/OR  UP  TO  THIRTY  DAYS  IMPRISONMENT. EACH INTRODUCTION
 AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS  EXTRACTION  ACTIV-
 ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.

 S. 98                               3
 
   §  8.  Subdivision 2 of section 71-2703 of the environmental conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D.  ANY PERSON WHO KNOWINGLY, AS DEFINED IN SECTION 15.05 OF THE PENAL
 LAW, VIOLATES THE RULES OR REGULATIONS PROMULGATED PURSUANT TO  SUBDIVI-
 SION  SEVEN  OF SECTION 27-0703 OF THIS CHAPTER SHALL BE PUNISHABLE BY A
 FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR  UP
 TO  THIRTY  DAYS  IMPRISONMENT.  EACH INTRODUCTION AND/OR APPLICATION OF
 WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES SHALL  CONSTITUTE  A
 SEPARATE AND DISTINCT VIOLATION.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2017-S98A - Details

See Assembly Version of this Bill:: A302
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§17-1905 & 27-0703, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5412, A7497
2015-2016: S340, A130
2019-2020: S437, A101

2017-S98A - Summary

2017-S98A - Sponsor Memo

                                 BILL NUMBER:  S98A

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to banning the acceptance of wastewater from oil or
natural gas extraction activities at wastewater treatment facilities
and landfills

 PURPOSE :

To regulate the sale, application, and disposal of waste associated
with natural gas exploration and extraction activities, and
underground gas and liquefied natural gas storage.

 SUMMARY OF PROVISIONS :

Section 1 amends the section 23-0101 of the environmental conservation
law to expand the definition of waste to include waste that is
generated as a result of oil or natural gas extraction, and any waste
that is generated as a result of or in association with the
underground storage of gas or liquefied natural gas.

Section 2 amends section 23-0101 to add a new subdivision to define
natural gas extraction activities. Natural gas extraction activities
is defined as all geologic or geophysical activities related to the
exploration for or the extraction of natural gas.

Section 3 amends section 23-0305 of the environmental conservation law
to add new subdivisions to prohibit the application of waste generated
from oil or natural gas extraction activities, or the underground
storage of gas or liquefied natural gas, on any highway for any
purpose or on any state-owned property.

Section 4 amends section 17-1905 of the environmental conservation law
to add a new paragraph to require the Department of Environmental
Conservation to adopt regulations prohibiting waste from oil or
natural gas activities from being introduced in or processed by any
waste water treatment facility in the state of New York.

Section 5 amends section 27-0703 of the environmental conservation law
to add a new subdivision to require the Department of Environmental
Conservation to adopt regulations prohibiting waste from oil or
natural gas extraction activities from being deposited in a solid
waste management facility.

Section 6 amends section 71-1307 of the environmental conservation law
to create a penalty for each violation of subdivision fifteen of
section 230305. The penalty is set forth as a fine not to exceed
twenty-five thousand dollars per violation and/or imprisonment for a
term of not more than one year of section.

Section 7 amends section 71-1933 of the environmental conservation law
to add a new subdivision that sets forth a penalty for violating the
new paragraph f subdivision four of section 17-1905. The penalty is
set forth as a fine not to exceed twenty-five thousand dollars per
violation and/or thirty days imprisonment.

Section 8 amends section 71-2703 of the environmental conservation law
to add a new paragraph d that sets forth the penalty for violating the
rules and regulations to be promulgated pursuant to subdivision seven
of section 27-0703. The penalty is set forth as a fine not to exceed
twenty-five thousand dollars per violation and/or thirty days
imprisonment.

 JUSTIFICATION :


Waste from hydraulic fracturing, including flowback fluid, brine,
drill cuttings, drilling mud from well construction, solid wastes, and
leachate from solid wastes, contain toxic and radioactive substances
that, if placed in our water and waste disposal systems, can cause
significant public health and environmental risks.  Currently, waste
from hydraulic fracturing is approved and possibly could be placed for
treatment in waste water treatment facilities and disposed of in
landfills. However, treatment facilities are not currently equipped to
handle these chemicals, contaminants, and radioactive materials, and
dumping this waste in landfills poses the possibility of it spreading
into our environment, threatening our environment, waterways and
public health.

 LEGISLATIVE HISTORY :

S.340 of 2015-2016 (Hoylman): Died in Environmental Conservation
A.130 of 2015-2016 (Buchwald): Died in Environmental Conservation
S.5412 of 2013-2014 (Gipson): Died in Environmental Conservation
A.7497 of 2013-2014 (Buchwald): Died in Environmental Conservation

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This bill shall take effect on the one hundred eightieth day after it
shall become law.

2017-S98A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   98--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. HOYLMAN, ADDABBO, DILAN, KRUEGER, LATIMER, RIVERA --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   banning   the  acceptance  of  wastewater  from  oil  or  natural  gas
   extraction activities at wastewater treatment facilities and landfills
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  20  of  section 23-0101 of the environmental
 conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
 amended to read as follows:
   20. "Waste" means
   a. Physical waste, as that term is generally understood in the oil and
 gas industry;
   b.  The  inefficient, excessive or improper use of, or the unnecessary
 dissipation of reservoir energy;
   c. The locating, spacing, drilling, equipping, operating, or producing
 of any oil or gas well or wells in a manner which  causes  or  tends  to
 cause  reduction  in  the  quantity of oil or gas ultimately recoverable
 from a pool under prudent and proper  operations,  or  which  causes  or
 tends  to  cause unnecessary or excessive surface loss or destruction of
 oil or gas;
   d. The inefficient storing of oil or gas; [and]
   e. The flaring of gas produced from an oil or  condensate  well  after
 the department has found that the use of the gas, on terms that are just
 and reasonable, is, or will be economically feasible within a reasonable
 time[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01587-02-7

 S. 98--A                            2
 
   F.  ANY  WASTE  THAT  IS  GENERATED  AS A RESULT OF OIL OR NATURAL GAS
 EXTRACTION ACTIVITIES, WHICH INCLUDES, BUT  IS  NOT  LIMITED  TO,  DRILL
 CUTTINGS AND DRILLING MUD FROM WELL CONSTRUCTION AND LEACHATE FROM SOLID
 WASTE ASSOCIATED WITH NATURAL GAS EXTRACTION ACTIVITIES.  THIS WASTE MAY
 CONSIST  OF  AMONG  OTHER  SUBSTANCES,  WATER,  CHEMICAL  ADDITIVES,  OR
 NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) AND HEAVY METALS; AND
   G. ANY WASTE THAT IS GENERATED AS A RESULT OF OR IN  ASSOCIATION  WITH
 THE UNDERGROUND STORAGE OF GAS OR LIQUEFIED PETROLEUM GAS.
   §  2. Section 23-0101 of the environmental conservation law is amended
 by adding a new subdivision 21 to read as follows:
   21. "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR  GEOPHY-
 SICAL ACTIVITIES RELATED TO THE EXPLORATION FOR OR EXTRACTION OF NATURAL
 GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT LIMITED
 TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING.
   §  3. Section 23-0305 of the environmental conservation law is amended
 by adding three new subdivisions 15, 16 and 17 to read as follows:
   15. THE DEPARTMENT SHALL PROHIBIT THE APPLICATION OF  WASTE  GENERATED
 FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES ON ANY HIGHWAY, AS DEFINED
 IN  SUBDIVISION  FOURTEEN  OF SECTION TWO OF THE TRANSPORTATION LAW, FOR
 ANY PURPOSE, INCLUDING  BUT  NOT  LIMITED  TO  USE  FOR  DE-ICING,  DUST
 SUPPRESSION OR ANY OTHER USE. SUCH PROHIBITION SHALL EXTEND TO ALL WASTE
 FROM  OIL OR NATURAL GAS EXTRACTION ACTIVITIES WHETHER OR NOT SUCH WASTE
 RECEIVED A BENEFICIAL USE DETERMINATION PURSUANT TO 6 NYCRR PART 360.
   16. THE DEPARTMENT SHALL PROHIBIT THE USE  OF  WASTE  GENERATED  AS  A
 RESULT  OF  OR  IN  ASSOCIATION  WITH  THE UNDERGROUND STORAGE OF GAS OR
 LIQUEFIED PETROLEUM GAS ON ANY HIGHWAY AS DEFINED IN  SUBDIVISION  FOUR-
 TEEN  OF  SECTION TWO OF THE TRANSPORTATION LAW, FOR ANY PURPOSE INCLUD-
 ING, BUT NOT LIMITED TO, DE-ICING, DUST SUPPRESSION OR  ANY  OTHER  USE.
 SUCH  PROHIBITION  SHALL EXTEND TO ALL WASTE FROM GENERATION AS A RESULT
 OF OR IN ASSOCIATION WITH THE UNDERGROUND STORAGE OF  GAS  OR  LIQUEFIED
 PETROLEUM GAS WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETER-
 MINATION PURSUANT TO 6 NYCRR PART 360.
   17. THE DEPARTMENT SHALL PROHIBIT THE APPLICATION OF WASTE FROM OIL OR
 NATURAL  GAS  EXTRACTION ACTIVITIES OR WASTE GENERATED AS A RESULT OF OR
 IN ASSOCIATION WITH THE UNDERGROUND STORAGE OF GAS OR LIQUEFIED PETROLE-
 UM GAS ON ANY STATE-OWNED REAL PROPERTY.
   § 4. Subdivision 4 of section 17-1905 of the  environmental  conserva-
 tion law is amended by adding a new paragraph f to read as follows:
   F. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING THE INTRODUCTION
 OF  WASTE  FROM  OIL OR NATURAL GAS EXTRACTION ACTIVITIES, AS SUCH TERMS
 ARE DEFINED IN ARTICLE TWENTY-THREE OF  THIS  CHAPTER,  INTO  ANY  WASTE
 WATER TREATMENT FACILITY WITHIN THE STATE.
   §  5. Section 27-0703 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING WASTE  FROM  OIL
 OR NATURAL GAS EXTRACTION ACTIVITIES, AS SUCH TERMS ARE DEFINED IN ARTI-
 CLE  TWENTY-THREE OF THIS CHAPTER, FROM BEING DEPOSITED IN A SOLID WASTE
 MANAGEMENT FACILITY.
   § 6. Subdivision 3 of section 71-1307 of the  environmental  conserva-
 tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
 read as follows:
   3. Criminal sanctions. Any person who,  having  any  of  the  culpable
 mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
 violates any provision of article 23 of  this  chapter  or  commits  any
 offense  described in section 71-1305 of this title shall be guilty of a
 misdemeanor and, upon conviction thereof, shall be punished  by  a  fine

 S. 98--A                            3
 
 not  to  exceed  one  thousand  dollars  for  each day during which such
 violation continues or by imprisonment for a term of not more  than  one
 year,  or by both such fine and imprisonment. If the conviction is for a
 subsequent  offense  committed  after  a first conviction of such person
 under this subdivision, punishment shall be by  a  fine  not  to  exceed
 eight  thousand dollars for each day during which such violation contin-
 ues or by imprisonment for a term of not more than one year, or by  both
 such  fine  and  imprisonment.    NOTWITHSTANDING THE PROVISIONS OF THIS
 SUBDIVISION, ANY PERSON  WHO  VIOLATES  THE  PROVISIONS  OF  SUBDIVISION
 FIFTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE
 NOT  TO  EXCEED  TWENTY-FIVE  THOUSAND  DOLLARS  PER VIOLATION AND/OR BY
 IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR.    EACH  INTRODUCTION
 AND/OR  APPLICATION  OF  WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIV-
 ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
   § 7. Section 71-1933 of the environmental conservation law is  amended
 by adding a new subdivision 5-a to read as follows:
   5-A.  ANY  PERSON  WHO  KNOWINGLY,  AS DEFINED IN SECTION 15.05 OF THE
 PENAL LAW, VIOLATES THE RULES OR  REGULATIONS  PROMULGATED  PURSUANT  TO
 PARAGRAPH F OF SUBDIVISION FOUR OF SECTION 17-1905 OF THIS CHAPTER SHALL
 BE  PUNISHABLE  BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER
 VIOLATION AND/OR UP  TO  THIRTY  DAYS  IMPRISONMENT.  EACH  INTRODUCTION
 AND/OR  APPLICATION  OF  WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIV-
 ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
   § 8. Subdivision 2 of section 71-2703 of the  environmental  conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D.  ANY PERSON WHO KNOWINGLY, AS DEFINED IN SECTION 15.05 OF THE PENAL
 LAW, VIOLATES THE RULES OR REGULATIONS PROMULGATED PURSUANT TO  SUBDIVI-
 SION  SEVEN  OF SECTION 27-0703 OF THIS CHAPTER SHALL BE PUNISHABLE BY A
 FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR  UP
 TO  THIRTY  DAYS  IMPRISONMENT.  EACH INTRODUCTION AND/OR APPLICATION OF
 WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES SHALL  CONSTITUTE  A
 SEPARATE AND DISTINCT VIOLATION.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2017-S98B (ACTIVE) - Details

See Assembly Version of this Bill:: A302
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§17-1905 & 27-0703, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5412, A7497
2015-2016: S340, A130
2019-2020: S437, A101

2017-S98B (ACTIVE) - Summary

2017-S98B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S98B

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to banning the acceptance of high volume hydraulic fracturing
wastewater from oil or natural gas extraction at wastewater treatment
facilities and solid waste management facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To regulate the disposal of waste associated with high volume hydraulic
fracturing associated with natural gas exploration and extraction activ-
ities.

 
SUMMARY OF PROVISIONS:

Amends section 17-1905 of the Environmental Conservation Law to add a
new paragraph to require the Department of Environmental Conservation to
adopt regulations prohibiting high volume hydraulic fracturing waste
from oil or natural gas activities from being introduced into or proc-
essed by any waste treatment facility in the State of New York.

Amends section 27-0703 of the Environmental Conservation Law to add a
new subdivision to require the Department of Environmental Conservation
to adopt regulations prohibiting waste from oil or natural gas
extraction activities from being deposited in a solid waste management
facility.

 
JUSTIFICATION:

Waste from hydraulic fracturing, including flow back fluid, brine, solid
wastes, and leachate from solid wastes, if placed in our water, waste
disposal systems and roadways, can cause significant public health and
environmental risks. Currently, waste from hydraulic fracturing is
allowed to enter New York State and could be placed for treatment in
wastewater treatment facilities and disposed of in landfills in New
York. However, treatment facilities are generally not currently equipped
to handle these chemicals, contaminants, and radioactive materials, and
dumping this waste in landfills poses the possibility of it spreading
into our environment, threatening our ecosystems, waterways and public
health. Production brine contains chemicals, metals, excess salts and
carcinogens like benzene as well as radioactive material. Production
brine, once it makes its way from our roadways to our waterways, can
become a threat to potable water systems as well as to aquatic ecosys-
tems. Current restrictions as to the spreading of brine on roadways are
vague and limited and chemical testing of liquid waste before it goes on
roads in minimal. By prohibiting the disposal of hydraulic fracturing
wastes in landfills, as well as in water treatment facilities and use on
roadways, we can avert any unnecessary health risks to our wildlife and
ourselves.

 
PRIOR LEGISLATIVE HISTORY:

2017: A.302 - Reported to Environmental Conservation Committee.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S98B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   98--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  ADDABBO,  ALCANTARA,  AVELLA, CARLUCCI,
   DILAN, HAMILTON, KRUEGER, MAYER, PERALTA, RIVERA, SAVINO,  SERRANO  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on  Environmental  Conserva-
   tion 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
   banning  the acceptance of high volume hydraulic fracturing wastewater
   from oil or natural gas extraction at wastewater treatment  facilities
   and solid waste management facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4  of  section  17-1905  of  the  environmental
 conservation  law  is  amended  by  adding  a new paragraph f to read as
 follows:
   F. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING THE INTRODUCTION
 OF HIGH VOLUME HYDRAULIC  FRACTURING  WASTE  FROM  OIL  OR  NATURAL  GAS
 EXTRACTION  INCLUDING, BUT NOT LIMITED TO, FLOWBACK WATER AND PRODUCTION
 WATER OR BRINE INTO ANY WASTEWATER TREATMENT FACILITY WITHIN THE STATE.
   § 2. Section 27-0703 of the environmental conservation law is  amended
 by adding a new subdivision 7 to read as follows:
   7.  THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING THE DISPOSAL OF
 HIGH  VOLUME  HYDRAULIC  FRACTURING  WASTE  FROM  OIL  OR  NATURAL   GAS
 EXTRACTION FROM BEING DEPOSITED IN A SOLID WASTE MANAGEMENT FACILITY.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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

                                                            LBD01587-05-8

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