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

                                   211

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ABINANTI, SKOUFIS, ENGLEBRIGHT, COLTON, RUSSELL,
  MOSLEY -- Multi-Sponsored by -- M. of  A.  THIELE  --  read  once  and
  referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the use of waste from oil or natural gas extraction activ-
  ities on any highway

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

  Section  1.   Section 23-0305 of the environmental conservation law is
amended by adding two new subdivisions 15 and 16 to read as follows:
  15. THE DEPARTMENT SHALL PROHIBIT THE USE 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 WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETERMI-
NATION PURSUANT TO 6 NYCRR PART 360.
  16.  THE DEPARTMENT SHALL PROHIBIT THE USE OF WASTE GENERATED FROM THE
STORAGE OF OIL OR NATURAL GAS ON ANY HIGHWAY AS DEFINED  IN  SUBDIVISION
FOURTEEN  OF  SECTION  TWO  OF  THE  TRANSPORTATION LAW, FOR ANY PURPOSE
INCLUDING, BUT NOT LIMITED TO, DE-ICING, DUST SUPPRESSION OR  ANY  OTHER
USE.  SUCH PROHIBITION SHALL EXTEND TO ALL WASTE FROM OIL OR NATURAL GAS
WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETERMINATION PURSU-
ANT TO 6 NYCRR PART 360.
  S 2. Paragraphs d and e of subdivision 20 of section  23-0101  of  the
environmental conservation law, as amended by chapter 846 of the laws of
1981,  are  amended  and two new paragraphs f and g are added to read as
follows:
  d. The inefficient storing of oil or gas; [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01404-01-5
              

A. 211                              2

  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[.];
  F.  ANY  WASTE  THAT  IS  GENERATED  AS A RESULT OF OIL OR NATURAL GAS
EXTRACTION ACTIVITIES WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO,  LEAC-
HATE FROM SOLID WASTE ASSOCIATED WITH NATURAL GAS ACTIVITIES. THIS WASTE
MAY  CONSIST OF, AMONG OTHER SUBSTANCES, WATER, BRINE CHEMICAL ADDITIVES
OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM)  AND  HEAVY  METALS;
AND
  G. ANY WASTE THAT IS GENERATED FROM THE STORAGE OF OIL OR NATURAL GAS.
  S  3. 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 OR EXTRACTION OF OIL OR
NATURAL GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT
LIMITED TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING.
  S 4. 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 OR SIXTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE  PUNISHA-
BLE  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  OR USE AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL GAS
EXTRACTION ACTIVITIES AND/OR WASTE FROM THE STORAGE OF  OIL  OR  NATURAL
GAS SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.