NY State Senate Bill 2013-S4658

Senate Bill S4658

2013-2014 Legislative Session

Prohibits publicly owned treatment works from accepting wastewater associated with the exploration, delineation, development, or production of natural gas

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to energy and telecommunications
Apr 17, 2013	referred to energy and telecommunications

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2013-S4658 (ACTIVE) - Details

See Assembly Version of this Bill:: A8463
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6893, A10210
2015-2016: S4347, A750
2017-2018: S3908, A4217
2019-2020: S2351, A889
2021-2022: S2914, A1404
2023-2024: S7336, A486

2013-S4658 (ACTIVE) - Summary

Prohibits publicly owned treatment works from accepting wastewater associated with the exploration, delineation, development, or production of natural gas from high-volume hydraulic fracturing; provides exceptions.

2013-S4658 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4658

TITLE OF BILL:  An act relating to wastewater treatment; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:  Prohibits publicly owned treatment
works from accepting wastewater associated with natural gas production
where high volume hydraulic fracturing is utilized.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that no publicly owned treatment works shall accept
wastewater associated with the exploration, delineation, development,
or production of natural gas where high-volume hydraulic fracturing is
utilized.

Section 2 provides that a publicly owned treatment works may appeal to
the department for an exemption from section 1 of this act if certain
standards are met.

Section 3 defines high-volume hydraulic fracturing.

Section 4 provides the effective date.

JUSTIFICATION:  Any activity that has the potential to impact New York
State public drinking supplies must be met with the highest scrutiny.

High-volume hydraulic fracturing involves the high-pressure injection
of over 300,000 gallons of water and a variety of chemicals into rock
to stimulate the production of natural gas. The resulting wastewater
contains high concentrations of salts and dissolved solids which, if
improperly treated and released, could impact our water supplies and
pose a serious threat to public health. Hydraulic fracturing fluids
cannot be adequately treated by conventional biological treatment
methods. A small number of publicly owned treatment works (POTW)
employ chemical treatment methods for industrial waste, however, they
are currently unable to safely handle hydraulic fracturing fluid.
This bill's three year ban on POTW treatment of hydraulic fracturing
fluid comes in response to uncertainty expressed by experts in the
field as to whether this waste can be properly treated and what
technology is necessary to do it. The POTW ban will ensure public
safety and protect the environment while allowing the Department of
Environmental Conservation the necessary time to evaluate best
technology standards for POTWs.

PRIOR LEGISLATIVE HISTORY:  S. 6893 Of 2012 voted out of Senate
Environmental Conservation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately and shall
expire and be deemed repealed three years after such date.

2013-S4658 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4658

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and Telecommunications

AN ACT relating to wastewater treatment; and providing for the repeal of
  such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any contrary provision of law, no  publicly
owned treatment works shall accept wastewater associated with the explo-
ration,  delineation,  development,  or  production of natural gas where
high-volume hydraulic fracturing is utilized.
  S 2.  A publicly owned treatment works may appeal to the department of
environmental conservation division  of  water  for  an  exemption  from
section  one  of  this act if it can meet a standard of performance that
shall permit no discharge of  pollutants,  or  if  not  feasible,  shall
reflect  the  greatest  degree  of effluent reduction achievable through
application of the best available demonstrated control technology, proc-
esses, operating methods, or other alternatives.
  S 3. For purposes of this act, "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.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed three years after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04774-01-3

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Senate Bill S4658

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