NY State Senate Bill 2015-S47

Senate Bill S47

2015-2016 Legislative Session

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Jan 07, 2015	referred to environmental conservation

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2015-S47 (ACTIVE) - Details

See Assembly Version of this Bill:: A4943
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §23-1712, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5123, A7503
2017-2018: S274, A4839
2019-2020: S1483, A7154

2015-S47 (ACTIVE) - Summary

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations.

2015-S47 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S47

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to prohibiting the transportation or shipment of any waste
product or byproduct from hydraulic fracturing operations

 PURPOSE :

The purpose of this legislation is to prevent the disposal of high
volume hydraulic fracturing waste from being transported or disposed
of in New York State.

 SUMMARY OF SPECIFIC PROVISIONS :

This legislation amends the environmental conservation law to prohibit
high volume hydraulic fracturing waste or waste by-products from being
transported or shipped into or out of New York State for treatment,
discharge, disposal, or storage purposes.

 JUSTIFICATION :

New York State waste and treatment facilities are currently the
recipient of waste products from hydraulic fracturing products and
by-products. Waste products and by-predicts from hydraulic fracturing
can legally be disposed of at municipal water treatment plants because
the waste is currently exempt from the federal Resource Conservation

and Recovery Act (RCRA), the Clean Water Act and other environmental
laws. As the result of this exemption, natural gas operators
transporting fracking waste are not considered to be transporting or
receiving "hazardous" waste, and thus are not required to meet the
safeguards established by RCRA and other regulations. In the absence
of federal regulations, states regulate the handling, treatment, and
storage of fracking waste.

In New York State, high volume hydraulic fracturing has not been
authorized, and regulations for handling and disposing of this waste
continue to undergo review. In addition, the United States
Environmental Protection Agency has not completed its study of the
possible health impacts of such waste products on drinking water
resources and is working on national pretreatment standards for waste
disposal of in municipal sewage-treatment plants or private treatment
plants, after finding that many of them are not properly equipped to
treat this type of wastewater, and may be discharging pollutants to
rivers and other streams. Additionally, the EPA warned that there was
probably not enough capacity at out of state treatment plants to
handle polluted water from New York.

In March of 2012, the Niagara Falls City Council blocked a proposal by
its local waste treatment facility to accept fracking waste in order
to offset declining revenues. The City of Niagara Falls and Buffalo
have both adopted local legislation banning the treatment, transport,
storage and disposal of drilling fluids within city limits.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill shall take effect immediately.

2015-S47 (ACTIVE) - Bill Text download pdf

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

                                   47

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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  transportation  or  shipment of any waste product or
  byproduct from hydraulic fracturing operations

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

  Section  1.  The environmental conservation law is amended by adding a
new section 23-1712 to read as follows:
S 23-1712. PROHIBITION ON THE TRANSPORTATION OR SHIPMENT FOR THE PURPOSE
             OF TREATMENT, DISCHARGE, DISPOSAL OR STORAGE OF HIGH VOLUME
             HYDRAULIC FRACTURING WASTE PRODUCT  OR  BY-PRODUCT  IN  NEW
             YORK STATE.
  NO  PERSON,  FIRM,  PARTNERSHIP OR CORPORATION SHALL TRANSPORT OR SHIP
FOR THE PURPOSE OF TREATMENT, DISCHARGE, DISPOSAL OR STORAGE,  ANY  HIGH
VOLUME  HYDRAULIC  FRACTURING  WASTE PRODUCT AND/OR BY-PRODUCT RESULTING
FROM HIGH VOLUME HYDRAULIC FRACTURING  OIL  AND/OR  GAS  EXPLORATION  OR
PRODUCTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01399-01-5

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Senate Bill S47

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Sponsored By

Brad Hoylman-Sigal

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

co-Sponsors

Joseph P. Addabbo Jr.

Martin Malavé Dilan

Liz Krueger

George Latimer

2015-S47 (ACTIVE) - Details

2015-S47 (ACTIVE) - Summary

2015-S47 (ACTIVE) - Sponsor Memo

2015-S47 (ACTIVE) - Bill Text download pdf

Comments