S6345-2011 Actions

• Jan 31, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

S6345-2011 Memo

BILL NUMBER:S6345

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
prohibition of the on-site storage of flowback water

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide greater oversight of natural
gas drilling.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* prohibit the use of on-site reserve pits for flowback waters;

* require flowback waters to be contained within steel tanks;

* require the removal of flowback waters within seven days of a halt
in drilling operations; and,

* require the immediate removal of flowback waters if the site is to
be left unattended or if operations are suspended.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends �23-0305(8) of the ECL to add a new paragraph K.

JUSTIFICATION:
New York is home to rich natural gas reserves. In 2006, there were
6,213 active natural gas wells that generated a state record of 55.3
billion cubic feet of natural gas. The Marcellus formation that
extends from the Southern Tier into Ohio, Pennsylvania and West
Virginia is estimated to have $1 trillion worth of natural gas, and
is largely untapped. The rising price of natural gas has led to an
increased demand for new sources and made formations like the
Marcellus even more attractive.

The extraction of these reserves is accompanied by considerable risk
to the environment. In order to fully examine this risk, the Assembly
Environmental Conservation Committee has held a series of hearings to
examine the environmental protections needed in the Department of
Environmental Conservation's (DEC) natural gas, and oil drilling
regulatory structure in order to safeguard natural resources. In the
course of time hearings, expert testimony was presented on necessary
steps to ensure the safety of New York's precious water resources.

The use of on-site reserve pits for flowback waters poses a potential
hazard to humans and wildlife. The use of steel tanks will minimize
such hazard and also decrease the risk of accidental releases. In
addition, the presence storage limitations will ensure that flowback
waters are not stockpiled on site for unlimited periods of time.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This Act shall take effect 90 days after enactment.

S6345-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6345

                              I N  SENATE

                              January 31, 2012
                                 ___________

  Introduced  by  Sen. KRUEGER -- 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  the
    prohibition of the on-site storage of flowback water

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The opening paragraph of subdivision 8 of  section  23-0305
  of  the environmental conservation law, as amended by chapter 846 of the
  laws of 1981, is amended to read as follows:

    With respect to oil pools or fields and natural gas pools  or  fields,
  the department shall [have power to]:

    S  2.  Paragraph k of subdivision 8 of section 23-0305 of the environ-
  mental conservation law is relettered paragraph 1 and a new paragraph  k
  is added to read as follows:

    K.  PROHIBIT  THE  USE  OF ON-SITE RESERVE PITS FOR FLOWBACK WATER AND
  REQUIRE THAT SUCH WATER BE CONTAINED WITHIN STEEL TANKS WITH SUCH FLUIDS
  REMOVED WITHIN SEVEN DAYS IF THERE WILL BE A HIATUS IN SITE ACTIVITY AND
  FOLLOWING COMPLETION OF DRILLING AND STIMULATION  OPERATIONS;  PROVIDED,
  HOWEVER,  IF  OPERATIONS ARE SUSPENDED OR THE SITE IS LEFT UNATTENDED AT
  ANY TIME, FLUIDS MUST BE REMOVED IMMEDIATELY.
    S 3. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02957-01-1