Prohibits the use of waste from oil or natural gas extraction of storage on any highway

Section 1 amends Environmental Conservation Law ("ECL") section 23-0305 by adding subdivisions 15 and 16 to prohibit use of waste generated from oil or natural gas extraction and waste generated from oil or natural gas storage on highways, and specifically refers to the Transportation Law definition of highway, to ensure that all public roads are included.

Section 2 amends ECL section 23-0101 by adding new paragraphs f to add waste generated as a result of oil or natural gas extraction activities to the definition of waste. It also amends ECL section 23-0101 by adding a new paragraph g to add waste from oil or natural gas extraction activities to the definition of waste. It also amends ECL section 23-0101 by adding new paragraph g to add waste generated from storage of oil or natural gas to the definition of waste.

Section 3 amends ECL 23-0101 by adding a new subdivision 21 to define natural gas extraction activities.

Section 4 amends ECL 71-1307 to set out a punishment for violating section 23-0305.

Section 5 sets forth the effective date as 180 days after enactment.

Justification

There are many concerns about the safety of the process of hydrofracking and its effect on groundwater and watersheds, which are the subject of other legislative proposals, moratoriums and administrative and/or legislative oversight and regulations. A separate concern about possible reuse of the wastewater is addressed by this bill. The production of oil and natural gas, especially the hydraulic fracturing process to extract natural gas, generally referred to as hydrofracking, generates wastewater with a variety of contaminants, including endocrine disruptors and radioactive materials. At least in part because the wastewater is very salty, it is used in some communities to de-ice roads in the winter, as well as for other purposes, like suppressing dust, in other seasons.

Toxic, hazardous, and radioactive fracking waste from oil and natural gas drilling can potentially cause irreversible damage to water, air, land and food supplies. Although this waste is hazardous and in fact exceeds the legal criteria for hazardous waste classification, it is categorized as "industrial" under federal and state laws as a result of special exemptions given to the oil and gas industry. These exemptions eliminate tracking requirements for its handling, storage, treatment and disposal of the waste. As such the waste can be used for many purposes such as road deicer or to suppress dust. Spreading radioactive fracking waste on roads will expose drivers, passengers, and pedestrians, to dangerous pollutants while contaminating nearby surface waters, residential areas, school properties and farmland. Radioactive particles may become airborne as trucks and passenger vehicles travel along roads. These events provide opportunity for human and livestock inhalation and ingestion of highly radioactive materials and other contaminants.

Unfortunately, these uses also result in runoff that can contaminate the ground water. This bill therefore would prohibit the use of wastewater from hydrofracking on public roads in New York.

Legislative history

S.3333-A of 2013-2014 (Gipson): Died in Environmental Conservation A.9074-A of 2014 (Abinanti): Died in Environmental Conservation

Fiscal implications

None.

Effective date

This act shall take effect 180 days after becoming a law.