What's happening
This bill prohibits the use of wastewater from high-volume hydraulic fracturing for road and land spreading in New York.
Why it matters
Prevents potential contamination of soil and water. By banning the use of fracking wastewater on roads and land, the bill seeks to reduce the risk that toxic or radioactive substances from hydraulic fracturing could leach into local water supplies or farmland, protecting public health and the environment.
Closes regulatory loopholes. The bill defines key terms like "flowback fluid" and "production brine," making it harder for companies to reclassify these waste products and evade the law, thereby strengthening regulatory oversight of oil and gas byproducts.
Protects communities from exposure. Road and land spreading of fracking wastewater has been a low-cost disposal method, but it can increase community exposure to hazardous chemicals. This legislation aims to prioritize public safety over industry convenience or cost-saving measures.
Signals a broader move against fracking byproducts. Even though New York has already banned high-volume hydraulic fracturing, this bill addresses leftover risks by targeting how fracking waste is managed, reinforcing the state’s commitment to comprehensive environmental protection.
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Who cares
Headline styles
Ban Fracking Waste on Roads
Plain English, a few words. Used as the page title.
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 Fracking Waste on Roads
In Senate Committee · Environmental Conservation · Sponsor Carl L. Marcellino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4745
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. ROSENTHAL, ENGLEBRIGHT, MOSLEY, FAHY -- 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 wastewater for road and land spreading
The People of the State of New York, represented in Senate and Assembly, 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.
§ 2. The environmental conservation law is amended by adding a new section 23-0315 to read as follows: § 23-0315. Wastewater for road and land spreading; prohibited.
Wastewater associated with the production of natural gas using highvolume 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.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04365-01-7
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.