NY State Senate Bill 2019-S2351

Senate Bill S2351

2019-2020 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 08, 2020	referred to energy and telecommunications
Jan 24, 2019	referred to energy and telecommunications

2019-S2351 (ACTIVE) - Details

See Assembly Version of this Bill:: A889
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
2017-2018: S3908, A4217
2021-2022: S2914, A1404
2023-2024: S7336, A486

2019-S2351 (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.

2019-S2351 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2351

SPONSOR: PARKER
 
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 Envi-
ronmental 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 identi-
fied 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:

2017-18 S.3908 REFERRED TO ENERGY AND TELECOMMUNICATIONS
2015-16 S.4314 Environmental Conservation/ A. 1043 Environmental Conser-
vation
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.

2019-S2351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2351
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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.
                                                            LBD03230-01-9

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