S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2295
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. ABINANTI, ENGLEBRIGHT, COLTON, MOSLEY, BUCHWALD,
   GLICK, GOTTFRIED, STECK, SIMON, JAFFEE, BLAKE, BARRON,  GALEF,  CAHILL
   --  Multi-Sponsored  by  -- M. of A. COOK -- 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.
   §  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.
                                                            LBD04361-01-9
              

 A. 2295                             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.
   §  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.
   § 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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.