What's happening
This bill creates a program to track the generation, transportation, and disposal of waste from high-volume hydraulic fracturing in New York.
Why it matters
Increases transparency and accountability. by requiring detailed documentation (“manifests”) for every shipment of hydraulic fracturing waste, ensuring each load is tracked from its source to its final disposal.
Applies to both in-state and out-of-state waste. , meaning any hydraulic fracturing waste entering New York must be recorded at the border, potentially discouraging companies from transporting waste into the state without proper documentation.
Mandates public disclosure. by having the Department of Environmental Conservation display tracking data online, which empowers local communities, researchers, and watchdogs to monitor waste handling and spot irregularities or illegal dumping.
Creates enforceable checks. at multiple points in the waste’s journey—generators, transporters, and receiving facilities must each submit documentation to the state—making it harder for hazardous materials to be mishandled or “lost” in transit.
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Track Fracking Waste Disposal
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Track Fracking Waste Disposal
In Assembly Committee · Environmental Conservation · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3909
2017-2018 Regular Sessions
IN SENATE
January 30, 2017
Introduced by Sen. MARCELLINO -- 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 creating the "High-volume Hydraulic Fracturing Waste Tracking Program"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 23 of the environmental conservation law is amended by adding a new title 25 to read as follows:
TITLE 25
HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM Section 23-2501. Definitions.
23-2503. High-volume hydraulic fracturing waste tracking
program. § 23-2501. Definitions.
1. "Flowback fluid" means liquids produced during initial completion and clean up of the well or clean up of a well following re-fracture or work over of a well.
2. "Generators" means any owner or operator of an oil or gas well pad whose acts or processes produce solid or liquid waste.
3. "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. "Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of liquid and solid waste during its transportation from the point of generation to any intermediate points and finally to the point of ultimate disposal.
5. "Oil and gas production" means all activities associated with the exploration and production of oil and gas, including, but not limited to, (a) development of oil and gas wells; (b) activities associated with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04368-01-7
S. 3909 2
drilling, stimulating, completing, or operating an oil or gas well; (c) activities associated with the construction or operation of facilities for the collection and transmission of oil and gas from oil and gas wells to consumers; and (d) the transportation of materials associated with an oil and gas well site or production whether or not the oil or gas is re-injected into the subsurface of the earth, from a geological formation and the transportation of that oil or gas to another location.
6. "Production brine" or "produced water" means liquids co-produced during oil and gas production.
7. "Solid and liquid waste" means, but is not limited to: production brine, produced water, flowback fluid, and drill cuttings from oil and gas production.
8. "Transport" shall mean the movement of liquid and solid waste associated with oil and gas production from the point of generation to any intermediate points and finally to the point of ultimate disposal. For the purposes of this title:
a. the point of generation with regard to in-state facilities that are generators of such waste shall be the point at which such waste leaves the generator's facility site; and
b. the point of generation with regard to out-of-state facilities that are generators of such waste shall be the point at which such waste enters into the state of New York. § 23-2503. High-volume hydraulic fracturing waste tracking program.
1. The commissioner shall establish a program for tracking the generation, transportation and receipt of liquid and solid waste associated with the production of natural gas where high-volume hydraulic fracturing is utilized.
2. Such program shall:
a. Provide for the tracking of the transportation of such waste from the generator to the receiving facility;
b. Include a system for providing the generator with assurance that the materials were treated or received by the receiving facility;
c. Use a uniform form or forms for tracking;
d. Require the generator to deliver a copy of the manifest form to the department when the shipment leaves their facility site;
e. Require receiving facility to deliver a copy of the manifest form to the department when the shipment arrives at the receiving facility;
f. Use a computer system to maintain a record of data from the manifests and track the movement of liquid and solid waste; and
g. Display data records on the department's website.
§ 2. This act shall take effect immediately.
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 creating the "High-volume Hydraulic Fracturing Waste Tracking Program"
Purpose
To establish a tracking program for liquid and solid waste associated with natural gas production where high-volume hydraulic fracturing is utilized.
Summary of provisions
Section 1 amends article 23 of the Environmental Conservation Law by adding a new title 25, which establishes a high-volume hydraulic fracturing waste tracking program. Such program shall: (a) provide for the tracking of the transportation of liquid and solid waste associated with the production of natural gas where high-volume hydraulic fracturing is utilized; (b) include a system for providing the generator with assurance that the materials were treated or received by the receiving facility; (c) use a uniform form or forms for tracking; (d) require the generator to deliver a copy of the manifest form to the Department when the shipment leaves their facility site; (e) require the receiving facility to deliver a copy of the manifest form to the Department when the shipment arrives at the receiving facility; (f) use a computer system to maintain a record of data from the manifests and track the movement of liquid and solid waste; and (g) display data records on the Department's website.
Section 2 provides the effective date.
Justification
The solid and liquid wastes associated with high-volume hydraulic fracturing present a potential threat to the environment and public safety should they be discharged or disposed of improperly. Strict oversight by the Department of Environmental Conservation, as well as public transparency, is necessary to ensure that these materials are accounted for and properly transported from "cradle to grave." This bill would require the Department to use a robust tracking system similar to which is used for hazardous waste. This would require waste generators and receiving facilities to send a copy of the manifest form to the Department, which will use a computer system to maintain data records and track the wastes. These records would be available to the public on the department's website.
Legislative history
2015-16:S. 4451 Environmental Conservation/ No Same As 2013-14:S. 4657 Environmental Conservation / No Same As 2011-12:S. 6892 Environmental Conservation / A. 10211 Environmental Conservation
Fiscal implications
To be determined.
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.