NY State Senate Bill 2017-S1538

Senate Bill S1538

2017-2018 Legislative Session

Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 10, 2017	referred to environmental conservation

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2017-S1538 (ACTIVE) - Details

See Assembly Version of this Bill:: A2427
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-0903, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4616, A7013
2013-2014: S674, A1046
2015-2016: S884, A6859
2019-2020: S3392, A2655

2017-S1538 (ACTIVE) - Summary

Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas.

2017-S1538 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1538

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to the
uniform treatment of waste

 PURPOSE :

This bill would require hazardous wastes produced from oil and natural
gas activities to be subject to the requirements for treatment of
hazardous wastes.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 27-0903 of the Environmental
Conservation Law to add a new section that would classify all waste
resulting from oil or natural gas production activities as hazardous
waste, if such waste meets the definition of hazardous wastes set
forth in the Environmental Conservation Law. This section also directs
the Department of Environmental Conservation to make all necessary
changes to bring its rules and regulations into compliance.

Section two contains the effective date.

 JUSTIFICATION :

Currently, the regulations promulgated by the Department of
Environmental Conservation that govern the waste produced by the oil
and natural gas industries exempt "drilling fluids, produced waters,
and other wastes associated with the exploration, development or
production of crude oil, natural gas or geothermal energy" from being
regulated as hazardous waste. This exemption is in place despite the
fact that the waste resulting from the exploration, development,
extraction and production of crude oil and natural gas may be
hazardous in many instances.

This legislation would supersede that regulation and ensure that when
waste from these operations meets the definition of hazardous waste,
that it be treated in a manner consistent with other hazardous wastes.
Failure to properly classify waste that meets this threshold could
present a real danger to public health and the environment. If not
treated properly, hazardous waste can, among other concerns, lead to
contaminated air, drinking water, soil, and food. There is no
compelling reason why waste produced from oil and natural gas
activities that meets the definition of hazardous waste, should not be
subject to the same laws regarding generation, transportation,
treatment, storage and disposal as other hazardous wastes.

 LEGISLATIVE HISTORY :

2015-16: S.884/A.6859 (Englebright)
2013-14: S.674/A.1046 (Sweeney)
2011-12: S.4616/A.7013 (Sweeney)

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1538 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1538
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens. AVELLA, ADDABBO, BOYLE, BRESLIN, CARLUCCI, COMRIE,
   DILAN, GIANARIS, GOLDEN, HAMILTON, HOYLMAN, KENNEDY,  KLEIN,  KRUEGER,
   LATIMER,   MONTGOMERY,   MURPHY,  PARKER,  PERALTA,  PERKINS,  RIVERA,
   SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, VALESKY
   -- 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  the
   uniform treatment of waste
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 27-0903 of the environmental conservation  law  is
 amended by adding a new subdivision 4 to read as follows:
   4.  UNIFORM TREATMENT OF WASTE.  ALL WASTE RESULTING FROM THE EXPLORA-
 TION, DEVELOPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS,
 INCLUDING BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS,  SHALL
 BE CONSIDERED HAZARDOUS WASTE UNDER THE LAW OF THIS STATE AND SUBJECT TO
 ALL   PERTINENT  GENERATION,  TRANSPORTATION,  TREATMENT,  STORAGE,  AND
 DISPOSAL LAWS AND REGULATIONS, IF SUCH WASTE  MEETS  THE  DEFINITION  OF
 HAZARDOUS  WASTE  SET  FORTH  IN SUBDIVISION THREE OF SECTION 27-0901 OF
 THIS CHAPTER. WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, THE DEPARTMENT SHALL MAKE ALL NECESSARY CHANGES TO BRING ITS REGU-
 LATIONS INTO COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 S                                                          LBD00588-01-7

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