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

                                  10208

                          I N  A S S E M B L Y

                              May 11, 2012
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to  high
  volume hydraulic fracturing natural gas production discharge notifica-
  tions

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

  Section 1. Article 23 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                 TITLE 29
                    HIGH VOLUME HYDRAULIC FRACTURING
              NATURAL GAS PRODUCTION DISCHARGE NOTIFICATION
SECTION 23-2901. DEFINITIONS.
        23-2903. NOTIFICATION BY PERSONS RESPONSIBLE FOR DISCHARGE.
        23-2905. NOTIFICATION BY THE DEPARTMENT.
        23-2907. ENFORCEMENT OF TITLE; PENALTIES.
S 23-2901. DEFINITIONS.
  1. "DISCHARGE" MEANS ANY INTENTIONAL OR UNINTENTIONAL ACTION OR  OMIS-
SION  RESULTING  IN  THE RELEASING, SPILLING, LEAKING, PUMPING, POURING,
EMITTING, EMPTYING OR DUMPING OF ANY SUBSTANCE  USED  IN  OR  ASSOCIATED
WITH  PROCESSES RELATED TO NATURAL GAS PRODUCTION INTO THE WATERS OF THE
STATE OR ONTO LANDS, OR INTO WATERS OR LANDS OUTSIDE THE JURISDICTION OF
THE STATE WHEN DAMAGE  MAY  RESULT  TO  THE  LANDS,  WATERS  OR  NATURAL
RESOURCES  WITHIN  THE  JURISDICTION  OF THE STATE, EXCEPTING DISCHARGES
PURSUANT TO AND IN COMPLIANCE WITH THE CONDITIONS OF A  VALID  STATE  OR
FEDERAL  PERMIT.  FOR THE PURPOSES OF THIS SECTION "DISCHARGE" SHALL NOT
INCLUDE FRESH WATER OR SOLID WASTE INCLUDING, BUT NOT LIMITED TO,  DRILL
CUTTINGS FROM OIL AND GAS PRODUCTION.
  2.  "HIGH-VOLUME  HYDRAULIC  FRACTURING"  OR  "(HVHF)" MEANS HYDRAULIC
FRACTURING FOR NATURAL GAS EXTRACTION USING GREATER THAN  THREE  HUNDRED
THOUSAND  GALLONS  OF  WATER REGARDLESS OF WHETHER THE WELL IS VERTICAL,
DIRECTIONAL OR HORIZONTAL.
  3. "NATURAL GAS PRODUCTION" OR "GAS PRODUCTION" MEANS  ALL  ACTIVITIES
ASSOCIATED  WITH  THE EXPLORATION AND PRODUCTION OF NATURAL GAS, INCLUD-

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

                                                           LBD13951-06-2

A. 10208                            2

ING, BUT NOT LIMITED TO (A) DEVELOPMENT OF NATURAL GAS WELLS; (B) ACTIV-
ITIES ASSOCIATED WITH DRILLING, STIMULATING,  COMPLETING,  CONSTRUCTING,
MAINTAINING, CONVERTING, ABANDONING, PLUGGING OR OPERATING A NATURAL GAS
WELL;  (C)  ACTIVITIES  ASSOCIATED WITH THE CONSTRUCTION OR OPERATION OF
FACILITIES FOR THE COLLECTION AND TRANSMISSION OF NATURAL GAS  FROM  GAS
WELLS TO CONSUMERS OF NATURAL GAS; AND (D) THE TRANSPORTATION OF MATERI-
ALS  ASSOCIATED  WITH  A NATURAL GAS WELL SITE OR NATURAL GAS PRODUCTION
WHETHER OR NOT SUCH GAS IS RE-INJECTED INTO THE SUBSURFACE OF THE EARTH,
FROM A GEOLOGICAL FORMATION AND THE TRANSPORTATION OF SUCH  NATURAL  GAS
TO ANOTHER LOCATION.
  4.  "PERSON"  MEANS PUBLIC OR PRIVATE CORPORATIONS, COMPANIES, ASSOCI-
ATIONS, SOCIETIES, FIRMS, PARTNERSHIPS, JOINT STOCK COMPANIES,  INDIVID-
UALS,  THE UNITED STATES, THE STATE OF NEW YORK AND ANY OF ITS POLITICAL
SUBDIVISIONS OR AGENTS.
S 23-2903. NOTIFICATION BY PERSONS RESPONSIBLE FOR DISCHARGE.
  ANY PERSON RESPONSIBLE FOR CAUSING A DISCHARGE OF ANY  SUBSTANCE  USED
IN OR ASSOCIATED WITH PROCESSES RELATED TO THE PRODUCTION OF NATURAL GAS
WHERE  HIGH-VOLUME  HYDRAULIC  FRACTURING  IS UTILIZED SHALL IMMEDIATELY
NOTIFY THE DEPARTMENT PURSUANT TO RULES AND REGULATIONS  ESTABLISHED  BY
THE DEPARTMENT, BUT IN NO CASE LATER THAN TWO HOURS AFTER THE DISCHARGE.
FAILURE  TO  SO  NOTIFY  SHALL  MAKE  SUCH PERSON LIABLE PURSUANT TO THE
PENALTY PROVISIONS OF SECTION 23-2907 OF THIS TITLE.
S 23-2905. NOTIFICATION BY THE DEPARTMENT.
  WITHIN FORTY-EIGHT HOURS OF RECEIPT OF NOTIFICATION MADE  PURSUANT  TO
SECTION  23-2903  OF  THIS  TITLE  OF  A DISCHARGE, THE DEPARTMENT SHALL
PROVIDE NOTIFICATION OF SUCH DISCHARGE TO THE GENERAL PUBLIC  THROUGH  A
NEW OR EXISTING DATABASE VIA ITS WEBSITE, WHICH SHALL BE UPDATED DAILY.
S 23-2907. ENFORCEMENT OF TITLE; PENALTIES.
  ANY  PERSON  WHO  VIOLATES  ANY OF THE PROVISIONS OF THIS TITLE OR ANY
RULE OR REGULATION PROMULGATED THEREUNDER OR WHO FAILS  TO  COMPLY  WITH
ANY  DUTY CREATED BY THIS TITLE SHALL BE LIABLE TO A PENALTY OF NOT MORE
THAN TWENTY-FIVE THOUSAND DOLLARS FOR EACH OFFENSE IN A COURT OF  COMPE-
TENT  JURISDICTION.  IF THE VIOLATION IS OF A CONTINUING NATURE EACH DAY
DURING WHICH IT CONTINUES SHALL CONSTITUTE AN ADDITIONAL,  SEPARATE  AND
DISTINCT OFFENSE.
  S 2. This act shall take effect on the one hundred twentieth 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 is authorized to be made on  or
before such date.