Prohibits publicly owned treatment works from accepting wastewater associated with the exploration, delineation, development, or production of natural gas from high-volume hydraulic fracturing; provides exceptions.
Ayes (7): Grisanti, Johnson, LaValle, Marcellino, Avella, Espaillat, Serrano
Ayes W/R (6): Little, Maziarz, O'Mara, Young, Oppenheimer, Stewart-Cousins
Nays (1): Perkins
TITLE OF BILL: An act relating to wastewater treatment; and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: Prohibits publicly owned treatment works from accepting wastewater associated with natural gas production where high volume hydraulic fracturing is utilized.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides that no publicly owned treatment works shall accept wastewater associated with the exploration, delineation, development, or production of natural gas where high-volume hydraulic fracturing is utilized.
Section 2 provides that a publicly owned treatment works may appeal to the department for an exemption from section 1 of this act if certain standards are met.
Section 3 defines high-volume hydraulic fracturing.
Section 4 provides the effective date.
JUSTIFICATION: Any activity that has the potential to impact New York State public drinking supplies must be met with the highest scrutiny. High-volume hydraulic fracturing involves the high-pressure injection of over 300,000 gallons of water and a variety of chemicals into rock to stimulate the production of natural gas. The resulting wastewater contains high concentrations of salts and dissolved solids which, if improperly treated and released, could impact our water supplies and pose a serious threat to public health. Hydraulic fracturing fluids cannot be adequately treated by conventional biological treatment methods. A small number of publicly owned treatment works (POTW) employ chemical treatment methods for industrial waste, however, they are currently unable to safely handle hydraulic fracturing fluid. This bill's three year ban on POTW treatment of hydraulic fracturing fluid comes in response to uncertainty expressed by experts in the field as to whether this waste can be properly treated and what technology is necessary to do it. The POTW ban will ensure public safety and protect the environment while allowing the Department of Environmental Conservation the necessary time to evaluate best technology standards for POTWs.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed three years after such date.
STATE OF NEW YORK ________________________________________________________________________ 6893 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 Energy and Tele- communications AN ACT relating to wastewater treatment; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any contrary provision of law, no publicly owned treatment works shall accept wastewater associated with the explo- ration, delineation, development, or production of natural gas where high-volume hydraulic fracturing is utilized. S 2. A publicly owned treatment works may appeal to the department of environmental conservation division of water for an exemption from section one of this act if it can meet a standard of performance that shall permit no discharge of pollutants, or if not feasible, shall reflect the greatest degree of effluent reduction achievable through application of the best available demonstrated control technology, proc- esses, operating methods, or other alternatives. S 3. For purposes of this act, "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. S 4. This act shall take effect immediately and shall expire and be deemed repealed three years after such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13948-07-2