NY State Senate Bill 2019-S3392

Senate Bill S3392

Signed By Governor

2019-2020 Legislative Session

Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas

download bill text pdf

Archive: Last Bill Status Via A2655 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2020	approval memo.3 signed chap.133 delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.767 substituted for s3392
Jul 22, 2020	substituted by a2655
Jul 21, 2020	ordered to third reading cal.767 reported and committed to rules
Mar 03, 2020	reported and committed to finance
Jan 08, 2020	referred to environmental conservation returned to senate died in assembly
Jun 17, 2019	ordered to third reading rules cal.248 substituted for a2655
Jun 03, 2019	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1136 committee discharged and committed to rules
May 30, 2019	reported and committed to finance
Feb 06, 2019	referred to environmental conservation

Votes

- Jul 22, 2020 - Floor Vote
  A2655
  
  46
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (46)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (14)
      
      Amedore
      
      Borrello
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Seward
      
      Tedisco
  Jul 21, 2020 - Rules Committee Vote
  S3392
  
  14
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 21, 2020
      
      aye (14)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (4)
      
      Griffo
      
      Lanza
      
      Ortt
      
      Seward
      
      aye wr (1)
      
      Robach

co-Sponsors

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2019-S3392 (ACTIVE) - Details

See Assembly Version of this Bill:: A2655
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-0903, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S3392, A2655

2019-S3392 (ACTIVE) - Summary

Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas.

2019-S3392 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3392

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the uniform treatment of waste

 
PURPOSE:

This bill would require hazardous wastes produced from oil and natural
gas activities to be subject to the requirements for treatment of
hazardous wastes.

 
SUMMARY OF PROVISIONS:

The bill adds a new subdivision 4 to section 27-0903 of the Environ-
mental Conservation Law that would classify all waste resulting from oil
or natural gas production activities as hazardous waste, if such waste
meets the definition of hazardous wastes set forth in the Environmental
Conservation Law. This section also directs the Department of Environ-
mental Conservation to make all necessary changes to bring its rules and
regulations into compliance with this section.

 
JUSTIFICATION:

Currently, the regulations promulgated by the Department of Environ-
mental Conservation that govern the waste produced by the oil and
natural gas industries exempt "drilling fluids, produced waters, and
other wastes associated with the exploration, development or production
of crude oil, natural gas or geothermal energy" from being regulated as
hazardous waste. This exemption is in place despite the fact that the
waste resulting from the exploration, development, extraction and
production of crude oil and natural gas may be hazardous in many
instances.

This legislation would supersede that regulation and ensure that when
waste from these operations meets the definition of hazardous waste,
that it be treated in a manner consistent with other hazardous wastes.
Failure to properly classify waste that meets this threshold could pres-
ent a real danger to public health and the environment. If not treated
properly, hazardous waste can, among other concerns, lead to contam-
inated air, drinking water, soil, and food. There is no compelling
reason why waste produced from oil and natural gas activities that meets
the definition of hazardous waste, should not be subject to the same
laws regarding generation, transportation, treatment, storage and
disposal as other hazardous wastes.

 
LEGISLATIVE HISTORY:

2017-18: S1538 Ref to Encon /A2427 Advanced to third reading
2015-16: S.884 Ref to Encon /A.6859 (Englebright) Advanced to third
reading
2013-14: S.674 Ref to Encon /A.1046 (Sweeney) Advanced to third reading
2011-12: S.4616 Committed to Rules /A.7013 (Sweeney) Passed Assembly

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately

2019-S3392 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3392
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced by Sens. MAY, KAMINSKY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   uniform treatment of waste
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 27-0903 of the environmental conservation law is
 amended by adding a new subdivision 4 to read as follows:
   4. UNIFORM TREATMENT OF WASTE.  ALL WASTE RESULTING FROM THE  EXPLORA-
 TION, DEVELOPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS,
 INCLUDING  BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS, SHALL
 BE CONSIDERED HAZARDOUS WASTE UNDER THE LAW OF THIS STATE AND SUBJECT TO
 ALL  PERTINENT  GENERATION,  TRANSPORTATION,  TREATMENT,  STORAGE,   AND
 DISPOSAL  LAWS  AND  REGULATIONS,  IF SUCH WASTE MEETS THE DEFINITION OF
 HAZARDOUS WASTE SET FORTH IN SUBDIVISION THREE  OF  SECTION  27-0901  OF
 THIS CHAPTER. WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, THE DEPARTMENT SHALL MAKE ALL NECESSARY CHANGES TO BRING ITS REGU-
 LATIONS INTO COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05496-01-9

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