NY State Senate Bill 2017-S3908

Senate Bill S3908

2017-2018 Legislative Session

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

download bill text pdf

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 03, 2018	referred to energy and telecommunications
Jan 30, 2017	referred to energy and telecommunications

2017-S3908 (ACTIVE) - Details

See Assembly Version of this Bill:: A4217
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6893, A10210
2013-2014: S4658, A7270, A8463
2015-2016: S4347, A750
2019-2020: S2351, A889
2021-2022: S2914, A1404
2023-2024: S7336, A486

2017-S3908 (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.

2017-S3908 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3908

 TITLE OF BILL :  An act relating to wastewater treatment

 PURPOSE :

To prohibit the use of wastewater from hydraulic fracking for road and
land spreading.

 SUMMARY OF PROVISIONS :

Section 1 defines "flowback  fluid,"" "high-volume hydraulic
fracturing," and "production brine" or "produced water."

Section 2 prohibits the use of wastewater associated with high-volume
hydraulic fracturing for the purpose of road and land spreading.

Section 3 provides 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 Environmental 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 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 flowback water, which contains high
concentrations of chemicals used in hydraulic fracturing, for these
purposes as well.

 LEGISLATIVE HISTORY :

2015-16S. 4314 Environmental Conservation/ A. 1043 Environmental
Conservation
2013-14:S. 4656 Environmental Conservation / A. 9039 Environmental
Conservation
2011-12:S. 6895 Finance / No Same As

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3908 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3908
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Energy and Telecommu-
   nications
 
 AN ACT relating to wastewater treatment
 
   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.
   § 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.
   §  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.
   § 4. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04367-01-7

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