NY State Senate Bill 2019-S437

Senate Bill S437

2019-2020 Legislative Session

Relates to prohibiting the acceptance of high volume hydraulic fracturing wastewater from oil or natural gas extraction activities at wastewater treatment facilities and solid waste management facilities

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 09, 2019	referred to environmental conservation

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2019-S437 (ACTIVE) - Details

See Assembly Version of this Bill:: A101
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§17-1905 & 27-0703, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5412, A7497
2015-2016: S340, A130
2017-2018: S98, A302

2019-S437 (ACTIVE) - Summary

2019-S437 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S437

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
banning the acceptance of high volume hydraulic fracturing wastewater
from oil or natural gas extraction at wastewater treatment facilities
and solid waste management facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To regulate the disposal of waste associated with high volume hydraulic
fracturing associated with natural gas exploration and extraction activ-
ities.

 
SUMMARY OF PROVISIONS:

Amends section 17-1905 of the Environmental Conservation Law to add a
new paragraph to require the Department of Environmental Conservation to
adopt regulations prohibiting high volume hydraulic fracturing waste

from oil or natural gas activities from being introduced into or proc-
essed by any waste treatment facility in the State of New York.

Amends section 27-0703 of the Environmental Conservation Law to add a
new subdivision to require the Department of Environmental Conservation
to adopt regulations prohibiting waste from oil or natural gas
extraction activities from being deposited in a solid waste management
facility.

 
JUSTIFICATION:

Waste from hydraulic fracturing, including flow back fluid, brine, solid
wastes, and leachate from solid wastes, if placed in our water, waste
disposal systems and roadways, can cause significant public health and
environmental risks. Currently, waste from hydraulic fracturing is
allowed to enter New York State and could be placed for treatment in
wastewater treatment facilities and disposed of in landfills in New
York. However, treatment facilities are generally not currently equipped
to handle these chemicals, contaminants, and radioactive materials, and
dumping this waste in landfills poses the possibility of it spreading
into our environment, threatening our ecosystems, waterways and public
health. Production brine contains chemicals, metals, excess salts and
carcinogens like benzene as well as radioactive material. Production
brine, once it makes its way from our roadways to our waterways, can
become a threat to potable water systems as well as to aquatic ecosys-
tems. Current restrictions as to the spreading of brine on roadways are
vague and limited and chemical testing of liquid waste before it goes on
roads in minimal. By prohibiting the disposal of hydraulic fracturing
wastes in landfills, as well as in water treatment facilities and use on
roadways, we can avert any unnecessary health risks to our wildlife and
ourselves.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.98-B(Hoylman) - Died in Environmental Conservation Committee
2015-16: S.340(Hoylman) - Died in Environmental Conservation Committee
2013-14: S.5412(Gipson) - Died in Environmental Conservation Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S437 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    437
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, ADDABBO, CARLUCCI, KRUEGER, MAYER, RIVERA,
   SEPULVEDA, 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
   banning  the acceptance of high volume hydraulic fracturing wastewater
   from oil or natural gas extraction at wastewater treatment  facilities
   and solid waste management facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4  of  section  17-1905  of  the  environmental
 conservation  law  is  amended  by  adding  a new paragraph f to read as
 follows:
   F. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING THE INTRODUCTION
 OF HIGH VOLUME HYDRAULIC  FRACTURING  WASTE  FROM  OIL  OR  NATURAL  GAS
 EXTRACTION  INCLUDING, BUT NOT LIMITED TO, FLOWBACK WATER AND PRODUCTION
 WATER OR BRINE INTO ANY WASTEWATER TREATMENT FACILITY WITHIN THE STATE.
   § 2. Section 27-0703 of the environmental conservation law is  amended
 by adding a new subdivision 7 to read as follows:
   7.  THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING THE DISPOSAL OF
 HIGH  VOLUME  HYDRAULIC  FRACTURING  WASTE  FROM  OIL  OR  NATURAL   GAS
 EXTRACTION FROM BEING DEPOSITED IN A SOLID WASTE MANAGEMENT FACILITY.
   § 3. 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.
                                                            LBD00410-01-9

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