What's happening
This bill prohibits the use of waste from oil or natural gas extraction or storage on highways for any purpose, with penalties for violations.
Why it matters
Broadens Environmental Protections. By prohibiting the use of all oil and natural gas extraction or storage waste on highways—including for de-icing and dust suppression—this bill aims to prevent contaminants like heavy metals, chemical additives, and radioactive materials from entering public spaces and water systems.
Closes Regulatory Loopholes. The bill bans the use of these wastes on highways even if they have received prior state approval (a "Beneficial Use Determination"), signaling a shift toward more precautionary environmental policy regardless of previous regulatory decisions.
Imposes Stronger Penalties. Violators face much steeper fines—up to $25,000 per incident—and possible jail time, which is significantly higher than standard penalties for other violations in this area. This is intended to strongly deter municipalities or contractors from using these wastes.
Expands the Definition of Oil/Gas Waste. The legislation explicitly includes leachate and all byproducts from extraction and storage, ensuring a comprehensive scope and reducing the risk that companies could sidestep the ban through narrow definitions.
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Who cares
Headline styles
Sponsors
14 Co-sponsors
3 Multi-sponsors
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 Oil Waste on Roads
In Senate Committee · Environmental Conservation · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
451
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. ABINANTI, SKOUFIS, ENGLEBRIGHT, COLTON, MOSLEY, BUCHWALD, GLICK, GOTTFRIED, STECK, SIMON, JAFFEE, BLAKE, BARRON, GALEF, CAHILL -- Multi-Sponsored by -- M. of A. COOK, PICHARDO, THIELE -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to prohibiting the use of waste from oil or natural gas extraction activities on any highway
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 23-0305 of the environmental conservation law is amended by adding two new subdivisions 15 and 16 to read as follows:
15. The department shall prohibit the use of waste generated from oil or natural gas extraction activities on any highway, as defined in subdivision fourteen of section two of the transportation law, for any purpose, including but not limited to use for de-icing, dust suppression or any other use. Such prohibition shall extend to all waste from oil or natural gas whether or not such waste received a Beneficial Use Determination pursuant to 6 NYCRR Part 360.
16. The department shall prohibit the use of waste generated from the storage of oil or natural gas on any highway as defined in subdivision fourteen of section two of the transportation law, for any purpose including, but not limited to, de-icing, dust suppression or any other use. Such prohibition shall extend to all waste from oil or natural gas whether or not such waste received a Beneficial Use Determination pursuant to 6 NYCRR Part 360.
§ 2. Paragraphs d and e of subdivision 20 of section 23-0101 of the environmental conservation law, as amended by chapter 846 of the laws of 1981, are amended and two new paragraphs f and g are added to read as follows:
d. The inefficient storing of oil or gas; [and]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03281-01-7
A. 451 2
e. The flaring of gas produced from an oil or condensate well after the department has found that the use of the gas, on terms that are just and reasonable, is, or will be economically feasible within a reasonable time[.];
f. Any waste that is generated as a result of oil or natural gas extraction activities which shall include, but is not limited to, leachate from solid waste associated with natural gas activities. This waste may consist of, among other substances, water, brine chemical additives or naturally occurring radioactive materials (NORM) and heavy metals; and
g. Any waste that is generated from the storage of oil or natural gas.
§ 3. Section 23-0101 of the environmental conservation law is amended by adding a new subdivision 21 to read as follows:
21. "Natural gas extraction activities" means all geologic or geophysical activities related to the exploration or extraction of oil or natural gas or other subsurface hydrocarbon deposits, including, but not limited to, core and rotary drilling and hydraulic fracturing.
§ 4. Subdivision 3 of section 71-1307 of the environmental conservation law, as amended by chapter 99 of the laws of 2010, is amended to read as follows:
3. Criminal sanctions. Any person who, having any of the culpable mental states defined in sections 15.05 and 20.20 of the penal law, violates any provision of article 23 of this chapter or commits any offense described in section 71-1305 of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine not to exceed eight thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. Notwithstanding the provisions of this subdivision, any person who violates the provisions of subdivision fifteen or sixteen of section 23-0305 of this chapter shall be punishable by a fine not to exceed twenty-five thousand dollars per violation and/or by imprisonment for a term of not more than one year. Each introduction or use and/or application of waste from oil or natural gas extraction activities and/or waste from the storage of oil or natural gas shall constitute a separate and distinct violation.
§ 5. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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.