NY State Senate Bill 2019-S5826

Senate Bill S5826

2019-2020 Legislative Session

Prohibits the use of wastewater from high-volume hydraulic fracturing for road and land spreading

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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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation returned to senate died in assembly
Jun 19, 2019	referred to environmental conservation
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1570 committee discharged and committed to rules
May 15, 2019	referred to environmental conservation

Votes

- Jun 18, 2019 - Floor Vote
  S5826
  
  56
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (56)
      
      Addabbo Jr.
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (6)
      
      Akshar
      
      Amedore
      
      Jacobs
      
      Jordan
      
      O'Mara
      
      Ranzenhofer
  Jun 18, 2019 - Rules Committee Vote
  S5826
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Griffo

co-Sponsors

2019-S5826 (ACTIVE) - Details

See Assembly Version of this Bill:: A596
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-0101, add §23-0315, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6895
2013-2014: S4656
2015-2016: S4314, A1043
2017-2018: S3910, A4745
2021-2022: S4480, A1332
2023-2024: A536

2019-S5826 (ACTIVE) - Summary

Prohibits the use of wastewater from high-volume hydraulic fracturing for road and land spreading, for dust control or de-icing.

2019-S5826 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5826

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting the use of wastewater for road and land spread-
ing

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the use of wastewater for road and land spreading.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 23-0101 of the environmental conservation law
by adding three new subdivisions 4-a, 7-a and 16-a to define necessary
terms for this law.

Section two amends the environmental conservation law by adding a new
section 23-0315. Which prohibits the use of wastewater for certain
purposes.

Section three sets forth the effective date.

 
JUSTIFICATION:

Production brine, or produced water, contains high concentrations of
salts that make it a useful agent for de-icing and dust control.
Production brine, however, also has properties that raise public health
concerns. The department notes in the draft Supplemental Generic Envi-
ronmental Impact Statement that production brine may contain elevated
concentrations of naturally occurring radioactive materials (NORM), such
as radium and its decay products. The department further states that
activities with the potential to concentrate NORM need to come under
regulatory oversight to ensure adequate protection of workers, the
general public and the environment. Moreover, independent testing has
identified increased levels of hydrocarbons such as benzene in
production brine from drilling operations in the Marcellus Shale. In
recognition of the potential health impacts from releasing production
brine into the environment, this legislation will prohibit its use for
road- and land-spreading. This legislation further prohibits the use of
flow back water, which contains high concentrations of chemicals used in
hydraulic fracturing, for these purposes as well.

 
LEGISLATIVE HISTORY:

2017-18:A.4745- Ref. to EnCon; S.3910- Ref. to EnCon
2015-16:A.1043- Ref. to EnCon; S.4314- Ref. to EnCon
2013-14:A.9039- Ref. to EnCon; S.4656- Ref. to EnCon

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2019-S5826 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5826
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen.  MAY  --  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
   prohibiting the use of wastewater for road and land spreading
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 23-0101 of the environmental  conservation  law  is
 amended  by  adding  three new subdivisions 4-a, 7-a and 16-a to read as
 follows:
   4-A. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING INITIAL COMPLETION
 AND CLEANUP OF THE WELL OR CLEANUP OF A  WELL  FOLLOWING  REFRACTURE  OR
 WORK OVER OF A WELL.
   7-A.  "HIGH-VOLUME  HYDRAULIC  FRACTURING"  OR  "HVHF" MEANS HYDRAULIC
 FRACTURING FOR NATURAL GAS EXTRACTION USING GREATER THAN  THREE  HUNDRED
 THOUSAND  GALLONS  OF  WATER REGARDLESS OF WHETHER THE WELL IS VERTICAL,
 DIRECTIONAL OR HORIZONTAL.
   16-A. "PRODUCTION BRINE" OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED
 DURING OIL AND GAS PRODUCTION.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 23-0315 to read as follows:
 § 23-0315. WASTEWATER FOR ROAD AND LAND SPREADING; PROHIBITED.
   WASTEWATER  ASSOCIATED  WITH THE PRODUCTION OF NATURAL GAS USING HIGH-
 VOLUME HYDRAULIC FRACTURING, INCLUDING FLOWBACK FLUID, PRODUCTION  BRINE
 OR  PRODUCED  WATER, SHALL NOT BE USED FOR THE PURPOSE OF ROAD SPREADING
 FOR DUST CONTROL OR DE-ICING OR LAND SPREADING.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03319-01-9

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Senate Bill S5826

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Sponsored By

Rachel May