What's happening
This bill prohibits publicly owned treatment works in New York from accepting wastewater from high-volume hydraulic fracturing for natural gas, with limited exemptions.
Why it matters
Limits potential environmental contamination. By banning most publicly owned treatment works from accepting wastewater from high-volume hydraulic fracturing (fracking), the bill aims to reduce the risk of pollutants entering New York’s water systems, addressing concerns about toxic chemicals and radioactive materials often present in fracking waste.
Places responsibility on fracking operations. The prohibition makes it harder for natural gas producers to dispose of their wastewater in New York, potentially increasing their costs and discouraging fracking-related activities—especially relevant given the state’s existing moratorium on high-volume hydraulic fracturing.
Allows for strict exceptions. The bill creates a narrow exemption pathway, but only if a treatment facility can prove to the Department of Environmental Conservation it can meet a “no discharge” standard or achieve the absolute best possible pollution controls, setting a high bar for any exceptions.
Defines "high-volume" clearly. By specifying that any operation using over 300,000 gallons of water counts as “high-volume” fracturing, the bill closes loopholes and ensures that most significant fracking operations fall under this restriction, preventing companies from evading the rule with technicalities.
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Who cares
Headline styles
Ban Fracking Wastewater Dumping
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Fracking Wastewater Dumping
In Senate Committee · Energy And Telecommunications · Sponsor Carl L. Marcellino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4217
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPI- NACCI -- read once and referred to the Committee on Environmental Conservation
AN ACT relating to wastewater treatment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any contrary provision of law, 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.
§ 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, processes, operating methods, or other alternatives.
§ 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.
§ 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04367-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.