NY State Senate Bill S5826

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (9)

	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

Co-Sponsors

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

S5826 (ACTIVE) - Summary

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

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.

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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The New York State Senate

senate Bill S5826

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Co-Sponsors

S5826 (ACTIVE) - Details

S5826 (ACTIVE) - Summary

S5826 (ACTIVE) - Sponsor Memo

S5826 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5826

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

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Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Co-Sponsors

Anna M. Kaplan

Jen Metzger

S5826 (ACTIVE) - Details

S5826 (ACTIVE) - Summary

S5826 (ACTIVE) - Sponsor Memo

S5826 (ACTIVE) - Bill Text download pdf

Comments