NY State Senate Bill 2017-S3909

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 30, 2017	referred to environmental conservation

2017-S3909 (ACTIVE) - Details

See Assembly Version of this Bill:: A6997
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 23 Title 25 §§23-2501 & 23-2503, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S4451

2017-S3909 (ACTIVE) - Summary

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.

2017-S3909 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3909

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to creating the "High-volume Hydraulic Fracturing Waste
Tracking Program"

 PURPOSE :

To establish a tracking program for liquid and solid waste associated
with natural gas production where high-volume hydraulic fracturing is
utilized.

 SUMMARY OF 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 the 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." This
bill would require the Department to use a robust tracking system
similar to 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 public on the department's website.

 LEGISLATIVE HISTORY :

2015-16:S. 4451 Environmental Conservation/ No Same As
2013-14:S. 4657 Environmental Conservation / No Same As
2011-12:S. 6892 Environmental Conservation / A. 10211 Environmental
Conservation

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3909 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3909
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 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.
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04368-01-7

 S. 3909                             2
 
 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 GAS
 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:
   A. THE POINT OF GENERATION WITH REGARD TO IN-STATE FACILITIES THAT ARE
 GENERATORS  OF  SUCH WASTE SHALL BE THE POINT AT WHICH SUCH WASTE LEAVES
 THE GENERATOR'S FACILITY SITE; AND
   B. THE POINT OF GENERATION WITH REGARD TO OUT-OF-STATE FACILITIES THAT
 ARE GENERATORS OF SUCH WASTE SHALL BE THE  POINT  AT  WHICH  SUCH  WASTE
 ENTERS INTO THE STATE OF NEW YORK.
 § 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.
   § 2. This act shall take effect immediately.

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Senate Bill S3909

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S3909 (ACTIVE) - Details

2017-S3909 (ACTIVE) - Summary

2017-S3909 (ACTIVE) - Sponsor Memo

2017-S3909 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3909

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S3909 (ACTIVE) - Details

2017-S3909 (ACTIVE) - Summary

2017-S3909 (ACTIVE) - Sponsor Memo

2017-S3909 (ACTIVE) - Bill Text download pdf

Comments