What's happening
This bill classifies oil and gas waste as hazardous waste in New York, subjecting it to stricter disposal regulations.
Why it matters
Closes a regulatory loophole. Previously, oil and gas waste was often exempt from being classified as hazardous, even if it contained dangerous chemicals. This bill removes that exemption, ensuring these wastes are regulated like other hazardous materials.
Increases oversight and accountability. By making oil and gas waste subject to hazardous waste laws, the bill requires stricter tracking, handling, and disposal procedures, potentially reducing risks of spills, contamination, and illegal dumping.
Potentially raises costs for industry. Companies involved in oil and gas extraction may face higher compliance and disposal costs due to the need to meet more rigorous hazardous waste standards, which could affect operational practices and profitability.
Aims to protect public health and the environment. Stricter regulation is intended to limit the release of toxic substances into land, air, and water, safeguarding communities and ecosystems from long-term harm associated with improper waste management.
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Who cares
Headline styles
Regulate Oil and Gas Waste
Plain English, a few words. Used as the page title.
Sponsors
28 Co-sponsors
- Joseph P. Addabbo Jr.
- Marisol Alcantara
- Phil Boyle
- Neil D. Breslin
- John E. Brooks
- David Carlucci
- Leroy Comrie
- Martin Malavé Dilan
- Michael Gianaris
- Martin J. Golden
- Jesse Hamilton
- Brad Hoylman-Sigal
- Timothy M. Kennedy
- Jeffrey D. Klein
- Liz Krueger
- Carl L. Marcellino
- Velmanette Montgomery
- Terrence P. Murphy
- Kevin S. Parker
- José Peralta
- Gustavo Rivera
- James Sanders Jr.
- Diane J. Savino
- Luis R. Sepúlveda
- José M. Serrano
- Toby Ann Stavisky
- Andrea Stewart-Cousins
- David J. Valesky
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.
Treat Fracking Waste as Hazardous
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1538
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sens. AVELLA, ADDABBO, BOYLE, BRESLIN, CARLUCCI, COMRIE, DILAN, GIANARIS, GOLDEN, HAMILTON, HOYLMAN, KENNEDY, KLEIN, KRUEGER, LATIMER, MONTGOMERY, MURPHY, PARKER, PERALTA, PERKINS, RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the uniform treatment of waste
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 27-0903 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows:
4. Uniform treatment of waste. All waste resulting from the exploration, development, extraction or production of crude oil or natural gas, including but not limited to drilling fluids and produced waters, shall be considered hazardous waste under the law of this state and subject to all pertinent generation, transportation, treatment, storage, and disposal laws and regulations, if such waste meets the definition of hazardous waste set forth in subdivision three of section 27-0901 of this chapter. Within six months from the effective date of this subdivision, the department shall make all necessary changes to bring its regulations into compliance with this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD00588-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to the uniform treatment of waste
Purpose
This bill would require hazardous wastes produced from oil and natural gas activities to be subject to the requirements for treatment of hazardous wastes.
Summary of provisions
Section one of the bill amends section 27-0903 of the Environmental Conservation Law to add a new section that would classify all waste resulting from oil or natural gas production activities as hazardous waste, if such waste meets the definition of hazardous wastes set forth in the Environmental Conservation Law. This section also directs the Department of Environmental Conservation to make all necessary changes to bring its rules and regulations into compliance.
Section two contains the effective date.
Justification
Currently, the regulations promulgated by the Department of Environmental Conservation that govern the waste produced by the oil and natural gas industries exempt "drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal energy" from being regulated as hazardous waste. This exemption is in place despite the fact that the waste resulting from the exploration, development, extraction and production of crude oil and natural gas may be hazardous in many instances.
This legislation would supersede that regulation and ensure that when waste from these operations meets the definition of hazardous waste, that it be treated in a manner consistent with other hazardous wastes. Failure to properly classify waste that meets this threshold could present a real danger to public health and the environment. If not treated properly, hazardous waste can, among other concerns, lead to contaminated air, drinking water, soil, and food. There is no compelling reason why waste produced from oil and natural gas activities that meets the definition of hazardous waste, should not be subject to the same laws regarding generation, transportation, treatment, storage and disposal as other hazardous wastes.
Legislative history
2015-16: S.884/A.6859 (Englebright) 2013-14: S.674/A.1046 (Sweeney) 2011-12: S.4616/A.7013 (Sweeney)
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.