NY State Senate Bill 2013-S3433

Senate Bill S3433

2013-2014 Legislative Session

Prohibits the sale, purchase or use of hydrofracking liquid waste products; requires the department of environmental conservation to establish rules regarding the proper disposal of waste products

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to environmental conservation
Feb 01, 2013	referred to environmental conservation

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2013-S3433 (ACTIVE) - Details

See Assembly Version of this Bill:: A9955
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §23-1712, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7012
2015-2016: S3863, A2478
2017-2018: A1585

2013-S3433 (ACTIVE) - Summary

Prohibits the sale, purchase or use of any liquid waste product from hydraulic fracturing operations and requires the department of environmental conservation to establish rules and regulations concerning the proper disposal of waste products generated during the process of hydraulic fracturing.

2013-S3433 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3433

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to prohibiting the sale or use of any liquid waste product from
hydraulic fracturing operations and requiring the department of environ-
mental conservation to establish rules and  regulations  concerning  the
proper  disposal  of  waste  products  generated  during  the process of
hydraulic fracturing

PURPOSE OR GENERAL IDEA OF BILL:  To ensure the proper disposal  of  any
and  all  waste products generated during the process of hydraulic frac-
turing and prohibit the sale or use of any liquid waste.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends the environmental conservation  law  by  adding  a  new
section  23-1712  which  prohibits  the  sale or use of any liquid waste
product from hydraulic fracturing. In addition, the department of  envi-
ronmental  conservation  will  be  required to establish rules and regu-
lations for the proper disposal of any and all waste products  generated
during the process of hydro fracturing.

Section 2 provides the effective date.

JUSTIFICATION:  Liquid waste created from the process of hydraulic frac-
turing  contains  high  concentrations  of  salts  that would make it an

effective solvent for de-icing and dust control on roadways. However, it
has also been reported that the same liquid waste  has  properties  that
raise public health concerns.

The  Department of Environmental Conservation notes in the draft Supple-
mental Generic Environmental Impact Statement (SGEIS) that these  liquid
wastes may contain elevated concentrations of naturally occurring radio-
active  materials  (NORM)  such  as  radium  and its decay products. The
report further states that activities with the potential to  concentrate
NORM  need  to  come  under  regulatory  oversight  to  ensure  adequate
protection of workers, the general public and the  environment.  Testing
has  identified  increased  levels  of  hydrocarbons  such as benzene in
liquid waste from drilling operations in the Marcellus Shale.

Recognizing the potential health impacts  from  releasing  liquid  waste
into  the  environment,  this  legislation will prohibit its use for any
purpose. This legislation further requires the department to ensure  the
safe  disposal of all liquid waste that contains a high concentration of
chemicals, used in the process of hydraulic fracturing.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE:  This act shall take effect immediately; provided,  that
the  department  of environmental conservation shall establish rules and
regulations concerning the proper disposal of any and all waste products
generated during the process of hydraulic fracturing within ninety  days
of the effective date of this act.

2013-S3433 (ACTIVE) - Bill Text download pdf

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

                                  3433

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. KRUEGER, AVELLA -- 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
  prohibiting the sale or use of any liquid waste product from hydraulic
  fracturing operations and requiring the  department  of  environmental
  conservation  to establish rules and regulations concerning the proper
  disposal of waste products generated during the process  of  hydraulic
  fracturing

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 23-1712 to read as follows:
S 23-1712. PROHIBITION ON THE SALE OR USE OF ANY LIQUID WASTE    PRODUCT
             FROM HYDRAULIC FRACTURING OPERATIONS.
  1. NO PERSON SHALL SELL, PURCHASE OR UTILIZE ANY LIQUID WASTE  PRODUCT
FROM  HYDRAULIC  FRACTURING  OPERATIONS,  INCLUDING,  BUT NOT LIMITED TO
FRACKING WASTE BRINE.
  2. THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS CONCERNING THE
PROPER DISPOSAL OF ANY AND ALL WASTE PRODUCTS GENERATED DURING THE PROC-
ESS OF HYDRAULIC FRACTURING.
  S 2. This act shall take effect immediately; provided,  however,  that
the  department  of environmental conservation shall establish rules and
regulations concerning the proper disposal of any and all waste products
generated during the process of hydraulic fracturing within ninety  days
of the effective date of this act.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01233-01-3

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Senate Bill S3433

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Sponsored By

Liz Krueger