Bill S5123A-2013

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations.

Details

Actions

  • Mar 11, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • May 15, 2013: PRINT NUMBER 5123A
  • May 15, 2013: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • May 10, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S5123A

TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the transportation or shipment of any waste product or byproduct from hydraulic fracturing operations

PURPOSE:

The purpose of this legislation is to prevent the disposal of high volume hydraulic fracturing waste from being transported or disposed of in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation amends the environmental conservation law to prohibit high volume hydraulic fracturing waste or waste by-products from being transported or shipped into or out of New York State for treatment, discharge, disposal, or storage purposes.

JUSTIFICATION:

New York State waste and treatment facilities are currently the recipient of waste products from hydraulic fracturing products and by-products. Waste products and by-predicts from hydraulic fracturing can legally be disposed of at municipal water treatment plants because the waste is currently exempt from the federal Resource Conservation and Recovery Act (RCRA), the Clean Water Act and other environmental laws. As the result of this exemption, natural gas operators transporting fracking waste are not considered to be transporting or receiving "hazardous" waste, and thus are not required to meet the safeguards established by RCRA and other regulations. In the absence of federal regulations, states regulate the handling, treatment, and storage of fracking waste.

In New York State, high volume hydraulic fracturing has not been authorized, and regulations for handling and disposing of this waste continue to undergo review. In addition, the United States Environmental Protection Agency has not completed its study of the possible health impacts of such waste products on drinking water resources and is working on national pretreatment standards for waste disposal of in municipal sewage-treatment plants or private treatment plants, after finding that many of them are not properly equipped to treat this type of wastewater, and may be discharging pollutants to rivers and other streams. Additionally, the EPA warned that there was probably not enough capacity at out of state treatment plants to handle polluted water from New York.

In March of 2012, the Niagara Falls City Council blocked a proposal by its local waste treatment facility to accept fracking waste in order to offset declining revenues. The City of Niagara Falls and Buffalo have both adopted local legislation banning the treatment, transport, storage and disposal of drilling fluids within city limits.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This till shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5123--A 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- 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 transportation or shipment of any waste product or byproduct from hydraulic fracturing operations 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 TRANSPORTATION OR SHIPMENT FOR THE PURPOSE OF TREATMENT, DISCHARGE, DISPOSAL OR STORAGE OF HIGH VOLUME HYDRAULIC FRACTURING WASTE PRODUCT OR BY-PRODUCT IN NEW YORK STATE. NO PERSON, FIRM, PARTNERSHIP OR CORPORATION SHALL TRANSPORT OR SHIP FOR THE PURPOSE OF TREATMENT, DISCHARGE, DISPOSAL OR STORAGE, ANY HIGH VOLUME HYDRAULIC FRACTURING WASTE PRODUCT AND/OR BY-PRODUCT RESULTING FROM HIGH VOLUME HYDRAULIC FRACTURING OIL AND/OR GAS EXPLORATION OR PRODUCTION. S 2. This act shall take effect immediately.

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