S6891-2011 Actions

• Apr 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

S6891-2011 Meetings

S6891-2011 Memo

BILL NUMBER:S6891

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.

S6891-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6891
 I N  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.

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