Requires that laboratory testing and sample analysis of mineral resources which are required by the commissioner of health shall be done at approved laboratories.

---

S1984-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S1984-2013 Memo

BILL NUMBER:S1984

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to environmental laboratory tests or sample analyses for
mineral resources permits

PURPOSE OR GENERAL IDEA OF BILL:  This bill requires that environmental
testing under Article 23 ("Mineral Resources") must be performed by
certified environmental laboratories, as is currently the case with
testing under Articles 17 (water pollution), 19 (air Pollution) and 27
(solid and hazardous waste).

SUMMARY OF PROVISIONS:  Bill � 1 amends � 3-0119 of the Environmental
Conservation Law (ECL) to require that any laboratory tests or sample
analysis required pursuant to ECL Article 23 for which the Commissioner
of Health issues certificates of approval pursuant to Public Health Law
� 502 shall be conducted by a laboratory which has been issued a certif-
icate of approval.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  ECL � 3-0119
currently provides that any laboratory tests or sample analysis required
pursuant to ECL Articles 17, 19 or 27 for which the Commissioner of
Health issues certifications under the Environmental Laboratory Approval
Program (FLAP) must be conducted by an ELAP-certified laboratory. This
bill will extend this requirement to environmental samples taken pursu-
ant to Article 23.

JUSTIFICATION:  Since 1963, ECL � 3-0119 has required that all laborato-
ry tests or sample analyses required for air, water and solid and
hazardous waste permits must be conducted by an environmental laboratory
certified under Public Health Law � 502, if the Department of Health
issues certificates of approval for the applicable analyte or category
of testing. Under the FLAP program, DOH may issue certificates of
approval covering laboratory tests within such categories as wastewater,
potable waters, sediments, solid wastes, and air.

To obtain approval, the laboratory must demonstrate that its staff is
qualified to conduct such tests, must use state-approved analytical
methods and quality assurance procedures, and must perform satisfactori-
ly in proficiency testing and a biennial on-site inspection. The
original law was enacted to address concerns that allowing environmental
permit-holders to conduct "self-monitoring" provided abundant opportu-
nities for manipulation of sample quality or inaccurate testing.

Recent developments in technology have increased the potential impacts
of mineral extraction on public health and the environment. in partic-
ular, high-volume hydraulic fracturing (HVHF) in deeper shale formations
could result in significant volumes of wastewater, drill cuttings and
sediments potentially contaminated with toxic substances, pyrite and
naturally occurring radioactive material (NORM). DEC's proposed HVHF
regulations require that such wastes must be tested, but - except for

those water tests that would be required under a State Pollutant
Discharge Elimination System Permit under ECL Article 19 - no ELAP
certification or any other testing standards are specified.

It is as important to provide for quality assurance and control in tests
of drilling wastes and byproducts as in testing under those programs
currently covered by � 3-0119. Requiring that samples that require test-
ing under an Article 23 permit must be analyzed in an ELAP-certified
laboratory will help ensure that potentially contaminated wastes are
handled and disposed of safely and appropriately.

PRIOR LEGISLATIVE HISTORY:  2012 - S.7169 - Referred to Environmental
Conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  First day of January after becoming law; applicable to
all laboratory tests or sample analyses submitted for testing on or
after such date.

S1984-2013 Text

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

                                    1984

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. CARLUCCI -- 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 envi-
    ronmental laboratory tests or sample analyses  for  mineral  resources
    permits

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


    Section 1. Section 3-0119 of the environmental  conservation  law,  as
  added by chapter 614 of the laws of 1983, is amended to read as follows:

  S 3-0119. Laboratory tests.
    Any  laboratory  tests or sample analysis required pursuant to article
  seventeen, nineteen, TWENTY-THREE or twenty-seven of  this  chapter  for
  which  the commissioner of health issues certificates of approval pursu-
  ant to section five hundred two  of  the  public  health  law  shall  be
  conducted  by  a  laboratory  which  has  been  issued  a certificate of
  approval.
    S 2. This act shall take effect on the first of January next  succeed-
  ing the date on which it shall have become a law, and shall apply to all
  laboratory  tests  or  sample analyses submitted for testing on or after
  such date.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05331-01-3