Relates to natural gas production discharges from high-volume hydraulic fracturing and requires notification within two hours by any person causing such a discharge; requires the department to notify the general public within 48 hours via their website.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to high volume hydraulic fracturing natural gas production discharge notifications
PURPOSE OR GENERAL IDEA OF BILL: To require notification within two hours by any person causing a discharge of substances associated with natural gas production where high-volume hydraulic fracturing is utilized.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends article 23 of the environmental conservation law by adding a new title 29 which provides for high-volume hydraulic fracturing natural gas production discharge notification. Any person responsible for a discharge shall immediately notify the department, but in no case later than two hours after the discharge. The department shall notify the public through a new or existing database via its website, updated daily, within forty-eight hours of receipt of such notification. This section further provides penalties for violations of any provisions of this title or any rule or regulation promulgated thereunder.
Section 2 provides the effective date.
JUSTIFICATION: This bill would require prompt reporting of substances used in or associated with high-volume hydraulic fracturing. High-volume hydraulic fracturing wastewater contains high concentrations of salts and dissolved solids which, if discharged without adequate treatment, could damage natural resources and endanger public health and safety. Under the Department of Environmental Conservation's proposed regulatory scheme, chemical bulk storage regulations and reporting requirements would apply for discharges. This bill would adopt the more stringent notification requirements that apply to petroleum discharges and require the department to notify the general public either through an existing or new database.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective
immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on it effective date is authorized to be made on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 6891 IN SENATE April 4, 2012 ___________Introduced by Sens. GRISANTI, SALAND -- 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 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13951-06-2 S. 6891 2
3. "NATURAL GAS PRODUCTION" OR "GAS PRODUCTION" MEANS ALL ACTIVITIES ASSOCIATED WITH THE EXPLORATION AND PRODUCTION OF NATURAL GAS, INCLUD- 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.