Creates the High-volume Hydraulic Fracturing Waste Tracking Program; requires the commissioner of environmental conservation to track the generation, transportation and receipt of liquid and solid waste associated with the production of oil and gas.
Ayes (8): Grisanti, Johnson, LaValle, Marcellino, Avella, Espaillat, Oppenheimer, Serrano
Ayes W/R (5): Little, Maziarz, O'Mara, Young, Stewart-Cousins
Nays (1): Perkins
TITLE OF BILL: An act to amend the environmental conservation law, in relation to creating the "High-volume Hydraulic Fracturing Waste Tracking Program"
PURPOSE OR GENERAL IDEA OF BILL: To establish a tracking program for liquid and solid waste 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 25 which establishes a high-volume hydraulic fracturing waste tracking program. Such program shall: (a) provide for the tracking of the transportation of liquid and solid waste associated with the production of natural gas where high-volume hydraulic fracturing is utilized; (b) include a system for providing the generator with assurance that the materials were treated or received by the receiving facility; (c) use a uniform form or forms for tracking; (d) require the generator to deliver a copy of the manifest form to the department when the shipment leaves their facility site; (e) require receiving facility to deliver a copy of the manifest form to the department when the shipment arrives at the receiving facility; (f) use a computer system to maintain a record of data from the manifests and track the movement of liquid and solid waste; and (g) display data records on the department's website.
Section 2 provides the effective date.
JUSTIFICATION: The solid and liquid wastes associated with high-volume hydraulic fracturing present a potential threat to the environment and public safety should they be discharged or disposed of improperly. Strict oversight by the Department of Environmental Conservation as well as public transparency is necessary to ensure that these materials are accounted for and properly transported from "cradle to grave." The department has proposed implementing a tracking system for high-volume hydraulic fracturing liquid and solid wastes that would be analogous to the system currently used to track medical waste. This bill would require the department to use a more robust tracking system similar to that which is used for hazardous waste. This would require waste generators and receiving facilities to send a copy of the manifest form to the department, which will use a computer system to maintain data records and track the wastes. These records would be available to the general public on the department's website.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6892 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 creating the "High-volume Hydraulic Fracturing Waste Tracking Program" 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 25 to read as follows: TITLE 25 HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM SECTION 23-2501. DEFINITIONS. 23-2503. HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM. S 23-2501. DEFINITIONS. 1. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING INITIAL COMPLETION AND CLEAN UP OF THE WELL OR CLEAN UP OF A WELL FOLLOWING RE-FRACTURE OR WORK OVER OF A WELL. 2. "GENERATORS" MEANS ANY OWNER OR OPERATOR OF AN OIL OR GAS WELL PAD WHOSE ACTS OR PROCESSES PRODUCE SOLID OR LIQUID WASTE. 3. "HIGH-VOLUME HYDRAULIC FRACTURING" OR "(HVHF)" MEANS HYDRAULIC FRACTURING FOR NATURAL GAS EXTRACTION USING GREATER THAN 300,000 GALLONS OF WATER REGARDLESS OF WHETHER THE WELL IS VERTICAL, DIRECTIONAL OR HORIZONTAL. 4. "MANIFEST" MEANS THE FORM USED FOR IDENTIFYING THE QUANTITY, COMPOSITION, AND THE ORIGIN, ROUTING, AND DESTINATION OF LIQUID AND SOLID WASTE DURING ITS TRANSPORTATION FROM THE POINT OF GENERATION TO ANY INTERMEDIATE POINTS AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL. 5. "OIL AND GAS PRODUCTION" MEANS ALL ACTIVITIES ASSOCIATED WITH THE EXPLORATION AND PRODUCTION OF OIL AND GAS, INCLUDING, BUT NOT LIMITED TO, (A) DEVELOPMENT OF OIL AND GAS WELLS; (B) ACTIVITIES ASSOCIATED WITH DRILLING, STIMULATING, COMPLETING, OR OPERATING AN OIL OR GAS WELL; (C) ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OR OPERATION OF FACILITIES FOR THE COLLECTION AND TRANSMISSION OF OIL AND GAS FROM OIL AND GASEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13947-06-2 S. 6892 2
WELLS TO CONSUMERS; AND (D) THE TRANSPORTATION OF MATERIALS ASSOCIATED WITH AN OIL AND GAS WELL SITE OR PRODUCTION WHETHER OR NOT THE OIL OR GAS IS RE-INJECTED INTO THE SUBSURFACE OF THE EARTH, FROM A GEOLOGICAL FORMATION AND THE TRANSPORTATION OF THAT OIL OR GAS TO ANOTHER LOCATION. 6. "PRODUCTION BRINE" OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED DURING OIL AND GAS PRODUCTION. 7. "SOLID AND LIQUID WASTE" MEANS, BUT IS NOT LIMITED TO: PRODUCTION BRINE, PRODUCED WATER, FLOWBACK FLUID, AND DRILL CUTTINGS FROM OIL AND GAS PRODUCTION. 8. "TRANSPORT" SHALL MEAN THE MOVEMENT OF LIQUID AND SOLID WASTE ASSO- CIATED WITH OIL AND GAS PRODUCTION FROM THE POINT OF GENERATION TO ANY INTERMEDIATE POINTS AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL. FOR THE PURPOSES OF THIS TITLE, THE POINT OF GENERATION WITH REGARD TO FACILITIES THAT ARE GENERATORS OF SUCH WASTE SHALL BE THE POINT AT WHICH SUCH WASTE LEAVES THE GENERATOR'S FACILITY SITE. S 23-2503. HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR TRACKING THE GENER- ATION, TRANSPORTATION AND RECEIPT OF LIQUID AND SOLID WASTE ASSOCIATED WITH THE PRODUCTION OF NATURAL GAS WHERE HIGH-VOLUME HYDRAULIC FRACTUR- ING IS UTILIZED. 2. SUCH PROGRAM SHALL: A. PROVIDE FOR THE TRACKING OF THE TRANSPORTATION OF SUCH WASTE FROM THE GENERATOR TO THE RECEIVING FACILITY; B. INCLUDE A SYSTEM FOR PROVIDING THE GENERATOR WITH ASSURANCE THAT THE MATERIALS WERE TREATED OR RECEIVED BY THE RECEIVING FACILITY; C. USE A UNIFORM FORM OR FORMS FOR TRACKING; D. REQUIRE THE GENERATOR TO DELIVER A COPY OF THE MANIFEST FORM TO THE DEPARTMENT WHEN THE SHIPMENT LEAVES THEIR FACILITY SITE; E. REQUIRE RECEIVING FACILITY TO DELIVER A COPY OF THE MANIFEST FORM TO THE DEPARTMENT WHEN THE SHIPMENT ARRIVES AT THE RECEIVING FACILITY; F. USE A COMPUTER SYSTEM TO MAINTAIN A RECORD OF DATA FROM THE MANI- FESTS AND TRACK THE MOVEMENT OF LIQUID AND SOLID WASTE; AND G. DISPLAY DATA RECORDS ON THE DEPARTMENT'S WEBSITE. S 2. This act shall take effect immediately.