Prohibits the use of wastewater from high-volume hydraulic fracturing for road and land spreading, for dust control or de-icing.
Ayes (6): Grisanti, LaValle, Marcellino, Avella, Espaillat, Serrano
Ayes W/R (7): Johnson, Little, Maziarz, O'Mara, Young, Oppenheimer, Stewart-Cousins
Nays (1): Perkins
TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the use of wastewater for road and land spreading
PURPOSE OR GENERAL IDEA OF BILL: To prohibit the use of wastewater for road and land spreading.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 defines "flowback fluid," "high-volume hydraulic fracturing," and "production brine" or "produced water."
Section 2 prohibits the use of wastewater associated with high-volume hydraulic fracturing for the purpose of road and land spreading.
Section 3 provides the effective date.
JUSTIFICATION: Production brine, or produced water, contains high concentrations of salts that make it a useful agent for de-icing and dust control. Production brine, however, also has properties that raise public health concerns. The department notes in the draft Supplemental Generic Environmental Impact Statement that production brine may contain elevated concentrations of naturally occurring radioactive materials (NORM) such as radium and its decay products. The department further states that activities with the potential to concentrate NORM need to come under regulatory oversight to ensure adequate protection of workers, the general public and the environment. Moreover, independent testing has identified increased levels of hydrocarbons such as benzene in production brine from drilling operations in the Marcellus Shale. In recognition of the potential health impacts from releasing production brine into the environment, this legislation will prohibit its use for road- a~d land-spreading. This legislation further prohibits the use of flowback water, which contains high concentrations of chemicals used in hydraulic fracturing, for these purposes as well.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6895 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 prohibiting the use of wastewater for road and land spreading THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 23-0101 of the environmental conservation law is amended by adding three new subdivisions 4-a, 7-a and 16-a to read as follows: 4-A. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING INITIAL COMPLETION AND CLEANUP OF THE WELL OR CLEANUP OF A WELL FOLLOWING REFRACTURE OR WORK OVER OF A WELL. 7-A. "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. 16-A. "PRODUCTION BRINE" OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED DURING OIL AND GAS PRODUCTION. S 2. The environmental conservation law is amended by adding a new section 23-0315 to read as follows: S 23-0315. WASTEWATER FOR ROAD AND LAND SPREADING; PROHIBITED. WASTEWATER ASSOCIATED WITH THE PRODUCTION OF NATURAL GAS USING HIGH-VOLUME HYDRAULIC FRACTURING, INCLUDING FLOWBACK FLUID, PRODUCTION BRINE OR PRODUCED WATER, SHALL NOT BE USED FOR THE PURPOSE OF ROAD SPREADING FOR DUST CONTROL OR DE-ICING OR LAND SPREADING. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14158-05-2