NY State Senate Bill 2019-S1858A

Senate Bill S1858A

2019-2020 Legislative Session

Prohibits the use of drilling fluids, brine and flowback water from wells, pools or fields on any highway

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jun 14, 2019	print number 1858a
Jun 14, 2019	amend (t) and recommit to environmental conservation
Jan 16, 2019	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S1858 - Details

See Assembly Version of this Bill:: A7933
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-0305, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6913
2013-2014: S3333, A9074, A3561
2015-2016: S48, A4905, A211
2017-2018: S575, A451, A4720
2021-2022: S355, A903, A5136
2023-2024: S1538, A7105

2019-S1858 - Summary

Prohibits the use of drilling fluids, brine and flowback water from wells, pools or fields on any highway for any purpose including but not limited to de-icing or dust suppression.

2019-S1858 - Sponsor Memo

                                
 
BILL NUMBER: S1858

SPONSOR: HOYLMAN
 
PURPOSE:

This bill would prohibit waste water from oil and gas drilling, includ-
ing hydrofracking, which contains a variety of chemical and radioactive
contaminants, from being used on highways for purposes such as melting
ice.

 
SUMMARY OF PROVISIONS:

The bill prohibits waste generated from the oil and gas industry i.e.,
the waste water from hydrofracking operations, from being used on high-
ways.

Section 1 amends Environmental Conservation Law ("ECL") section 23-0305
by adding subdivisions 15 and 16 to prohibit use of waste generated from
oil or natural gas extraction and waste generated from oil or natural
gas storage on highways, and specifically refers to the Transportation
Law definition of highway, to ensure that all public roads are included.

Section 2 amends ECL section 23-0101 by adding new paragraphs f to add
waste generated as a result of oil or natural gas extraction activities
to the definition of waste. It also amends ECL section 23-0101 by adding
a new paragraph g to add waste from oil or natural gas extraction activ-
ities to the definition of waste. It also amends ECL section 23-0101 by
adding new paragraph g to add waste generated from storage of oil or
natural gas to the definition of waste.

Section 3 amends ECL 23-0101 by adding a new subdivision 21 to define
natural gas extraction activities.

Section 4 amends ECL 71-1307 to set out a punishment for violating
section 23-0305.

Section 5 sets forth the effective date as 180 days after enactment.

 
JUSTIFICATION:

There are many concerns about the safety of the process of hydrofracking
and its effect on groundwater and watersheds, which are the subject of
other legislative proposals, moratoriums and administrative and/or
legislative oversight and regulations. A separate concern about possible
reuse of the wastewater is addressed by this bill. The production of oil
and natural gas, especially the hydraulic fracturing process to extract
natural gas, generally referred to as hydrofracking, generates wastewa-
ter with a variety of contaminants, including endocrine disruptors and
radioactive materials. At least in part because the wastewater is very
salty, it is used in some communities to de-ice roads in the winter, as
well as for other purposes, like suppressing dust, in other seasons.
Toxic, hazardous, and radioactive fracking waste from oil and natural
gas drilling can potentially cause irreversible damage to water, air,
land and food supplies. Although this waste is hazardous and in fact
exceeds the legal criteria for hazardous waste classification, it is
categorized as "industrial" under federal and state laws as a result of
special exemptions given to the oil and gas industry. These exemptions
eliminate tracking requirements for the handling, storage, treatment and
disposal of the waste. As such the waste can be used for many purposes
such as a road deicer or to suppress dust.  Spreading radioactive frack-
ing waste on roads will expose drivers, passengers, and pedestrians to
dangerous pollutants while contaminating nearby surface waters, residen-
tial areas, school properties and farmland. Radioactive particles may
become airborne as trucks and passenger vehicles travel along roads.
These events provide opportunity for human and livestock inhalation and
ingestion of highly radioactive materials and other contaminants.

Unfortunately, these uses also result in runoff that can contaminate the
ground water. This bill therefore would prohibit the use of wastewater
from hydrofracking on public roads in New York.

 
LEGISLATIVE HISTORY:

S.575 of 2017-2018 (Hoylman): Died in Environmental Conservation
A.0451 of 2017-2018 (Abinanti): Died in Environmental Conservation
S.48 of 2015-2016 (Hoylman): Died in Environmental Conservation
A.211 of 2015-2016 (Abinanti): Died in Environmental Conservation
S.3333-A of 2013-2014 (Gipson): Died in Environmental Conservation
A.9074-A of 2014 (Abinanti): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.

2019-S1858 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1858
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, ADDABBO, KRUEGER, PARKER, RIVERA, SERRANO
   -- 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 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]
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04361-01-9

 S. 1858                             2
 
 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.

co-Sponsors

View additional co-sponsors

2019-S1858A (ACTIVE) - Details

See Assembly Version of this Bill:: A7933
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-0305, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6913
2013-2014: S3333, A9074, A3561
2015-2016: S48, A4905, A211
2017-2018: S575, A451, A4720
2021-2022: S355, A903, A5136
2023-2024: S1538, A7105

2019-S1858A (ACTIVE) - Summary

Prohibits the use of drilling fluids, brine and flowback water from wells, pools or fields on any highway for any purpose including but not limited to de-icing or dust suppression.

2019-S1858A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1858A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting the use of drilling fluids, brine, and flowback
water from wells, pools or fields on any highway

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit waste water from hydrofracking, which contains
a variety of chemical and possibly radioactive contaminants, from being
used on highways for purposes such as melting ice.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill prohibits flowback water from oil and gas wells, pools, or
fields, i.e., the waste water from hydrofracking operations, from being
used on highways.

Section one of the bill amends Environmental Conservation Law ("ECL")
section 23-0305 to add a new subdivision 15 which prohibits the use of

flowback water on highways. Section 2 is the effective date.

 
JUSTIFICATION:

The hydraulic fracturing process to extract natural gas, generally
referred to as hydrofracking, generates wastewater with a variety of
contaminants. In addition to the many concerns about the safety of the
process itself and hydrofracking's effect on groundwater and watersheds,
which are the subject of other legislative proposals, moratoriums and
administrative and/or legislative oversight and regulation, a separate
concern about possible re-use of the wastewater is addressed by this
bill. At least in part because the wastewater is very salty, it is used
in some communities to de-ice roads in the winter, as well as for other
purposes, like suppressing dust, in other seasons. Unfortunately, these
uses also result in runoff that can contaminate ground water. This bill
therefore would ban the use of wastewater from hydrofracking on public
roads in New York.

 
PRIOR LEGISLATIVE HISTORY:

A.4720-A (2017-18)(third reading); A.4905(2015-16)(third reading);
A.3561 (2012-2014)(third reading); A.6913-A(2011-2012)(third reading).

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.

2019-S1858A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1858--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, ADDABBO, HARCKHAM, KRUEGER, PARKER, RIVERA,
   SERRANO  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Environmental Conservation --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the use of drilling fluids, brine, and flowback water from
   wells, pools or fields 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 a new subdivision 15 to read as follows:
   15. THE DEPARTMENT SHALL PROHIBIT THE USE OF DRILLING  FLUIDS,  BRINE,
 AND  FLOWBACK  WATER  FROM  WELLS,  POOLS  OR  FIELDS 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04361-02-9

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Senate Bill S1858A

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Sponsored By

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

Bill Amendments

co-Sponsors

2019-S1858 - Details

2019-S1858 - Summary

2019-S1858 - Sponsor Memo

2019-S1858 - Bill Text download pdf

co-Sponsors

2019-S1858A (ACTIVE) - Details

2019-S1858A (ACTIVE) - Summary

2019-S1858A (ACTIVE) - Sponsor Memo

2019-S1858A (ACTIVE) - Bill Text download pdf

Comments