Prohibits the use of waste from oil or natural gas extraction activities or waste from storage of oil or natural gas on any highway.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the use of waste from oil or natural gas extraction activities on any highway
PURPOSE: This bill would prohibit waste water from oil and gas drilling, including hydrofracking, which contains a variety of chemical and radioactive contaminants, from being used on highways for purposes such as melting ice.
SUMMARY OF PROVISIONS: The bill prohibits waste generated from oil and gas industry i.e., the waste water from hydrofracking operations, from being used on highways.
Section 1 amends Environmental Conservation Law ("ECL") section 23-0305 by adding subdivisions 15 and 16 to prohibit use of waste generated from oil or natural gas extraction and waste generated from oil or natural gas storage on highways, and specifically refers to the Transportation Law definition of highway, to ensure that all public roads are included.
Section 2 amends ECL section 23-0101 by adding new paragraphs f to add waste generated as a result of oil or natural gas extraction activities to the definition of waste. It also amends ECL section 23-0101 by adding a new paragraph g to add waste from oil or natural gas extraction activities to the definition of waste. It also amends ECL section 23-0101 by adding new paragraph g to add waste generated from storage of oil or natural gas to the definition of waste.
Section 3 amends ECL 23-0101 by adding a new subdivision 21 to define natural gas extraction activities.
Section 4 amends ECL 71-1307 to set out a punishment for violating section 23-0305.
Section 5 sets forth the effective date as 180 days after enactment.
JUSTIFICATION: There are many concerns about the safety of the process of hydrofracking and its effect on groundwater and watersheds, which are the subject of other legislative proposals, moratoriums and administrative and/or legislative oversight and regulations. A separate concern about possible reuse of the wastewater is addressed by this bill. The production of oil and natural gas, especially the hydraulic fracturing process to extract natural gas, generally referred to as hydrofracking, generates wastewater with a variety of contaminants, including endocrine disruptors and radioactive materials. At least in part because the wastewater is very salty, it is used in some communities to de-ice roads in the winter, as well as for other purposes, like suppressing dust, in other seasons.
Toxic, hazardous, and radioactive fracking waste from oil and natural gas drilling can potentially cause irreversible damage to water, air, land and food supplies. Although this waste is hazardous and in fact exceeds the legal criteria for hazardous waste classification, it is categorized as "industrial" under federal and state laws as a result of special exemptions given to the oil and gas industry. These
exemptions eliminate tracking requirements for its handling, storage, treatment and disposal of the waste. As such the waste can be used for many purposes such as road deicer or to suppress dust.
Spreading radioactive fracking waste on roads will expose drivers, passengers, and pedestrians, to dangerous pollutants while contaminating nearby surface waters, residential areas, school properties and farmland. Radioactive particles may become airborne as trucks and passenger vehicles travel along roads. These events provide opportunity for human and livestock inhalation and ingestion of highly radioactive materials and other contaminants.
Unfortunately, these uses also result in runoff that can contaminate the ground water. This bill therefore would prohibit the use of wastewater from hydrofracking on public roads in New York.
LEGISLATIVE HISTORY: 02/01/13 Referred to Environmental Conservation
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 180 days after becoming a law.
STATE OF NEW YORK ________________________________________________________________________ 3333--A 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sens. GIPSON, DILAN, LATIMER, SAMPSON, TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Commit- tee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to prohibiting the use of waste from oil or natural gas extraction activ- ities on any highway THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 23-0305 of the environmental conservation law is amended by adding two new subdivisions 15 and 16 to read as follows: 15. THE DEPARTMENT SHALL PROHIBIT THE USE OF WASTE GENERATED FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES ON ANY HIGHWAY, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO OF THE TRANSPORTATION LAW, FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO USE FOR DE-ICING, DUST SUPPRESSION OR ANY OTHER USE. SUCH PROHIBITION SHALL EXTEND TO ALL WASTE FROM OIL OR NATURAL GAS WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETERMI- NATION PURSUANT TO 6 NYCRR PART 360. 16. THE DEPARTMENT SHALL PROHIBIT THE USE OF WASTE GENERATED FROM THE STORAGE OF OIL OR NATURAL GAS ON ANY HIGHWAY AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO OF THE TRANSPORTATION LAW, FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, DE-ICING, DUST SUPPRESSION OR ANY OTHER USE. SUCH PROHIBITION SHALL EXTEND TO ALL WASTE FROM OIL OR NATURAL GAS WHETHER OR NOT SUCH WASTE RECEIVED A BENEFICIAL USE DETERMINATION PURSU- ANT TO 6 NYCRR PART 360. S 2. Paragraphs d and e of subdivision 20 of section 23-0101 of the environmental conservation law, as amended by chapter 846 of the laws of 1981, are amended and two new paragraphs f and g are added to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01676-06-4 S. 3333--A 2
d. The inefficient storing of oil or gas;
[and]e. The flaring of gas produced from an oil or condensate well after the department has found that the use of the gas, on terms that are just and reasonable, is, or will be economically feasible within a reasonable time [.]; F. ANY WASTE THAT IS GENERATED AS A RESULT OF OIL OR NATURAL GAS EXTRACTION ACTIVITIES WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, LEAC- HATE FROM SOLID WASTE ASSOCIATED WITH NATURAL GAS ACTIVITIES. THIS WASTE MAY CONSIST OF, AMONG OTHER SUBSTANCES, WATER, BRINE CHEMICAL ADDITIVES OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) AND HEAVY METALS; AND G. ANY WASTE THAT IS GENERATED FROM THE STORAGE OF OIL OR NATURAL GAS. S 3. Section 23-0101 of the environmental conservation law is amended by adding a new subdivision 21 to read as follows: 21. "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR GEOPHY- SICAL ACTIVITIES RELATED TO THE EXPLORATION OR EXTRACTION OF OIL OR NATURAL GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT LIMITED TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING. S 4. Subdivision 3 of section 71-1307 of the environmental conserva- tion law, as amended by chapter 99 of the laws of 2010, is amended to read as follows: 3. Criminal sanctions. Any person who, having any of the culpable mental states defined in sections 15.05 and 20.20 of the penal law, violates any provision of article 23 of this chapter or commits any offense described in section 71-1305 of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine not to exceed eight thousand dollars for each day during which such violation contin- ues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION FIFTEEN OR SIXTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHA- BLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR BY IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR. EACH INTRODUCTION OR USE AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES AND/OR WASTE FROM THE STORAGE OF OIL OR NATURAL GAS SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law.