What's happening
This bill bans the use of wastewater from high-volume hydraulic fracturing for road or land spreading in New York.
Why it matters
Addresses environmental and public health concerns. by prohibiting the use of potentially toxic wastewater from high-volume hydraulic fracturing (fracking) operations—known to contain chemicals, heavy metals, and radioactive materials—on public roads and land.
Closes a regulatory loophole. that previously allowed the use of fracking wastewater for dust control or de-icing, which could result in surface water, groundwater, and soil contamination, posing risks to drinking water and ecosystems.
Sets clear legal definitions. for terms like “flowback fluid,” “production brine,” and “high-volume hydraulic fracturing,” ensuring that the ban applies specifically to waste streams from large-scale fracking operations, and reducing ambiguity in enforcement.
Aligns with New York’s existing fracking ban. by preventing indirect environmental impacts from fracking waste even if generated outside the state, reinforcing New York’s broader stance against high-volume hydraulic fracturing and its byproducts.
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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 Assembly Committee · Environmental Conservation · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3910
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 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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting the use of wastewater for road and land spreading
Purpose
Prohibits publicly owned treatment works from accepting wastewater associated with natural gas production where high volume hydraulic fracturing is utilized.
Summary of provisions
Section 1 provides that 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.
Section 2 provides that a publicly owned treatment works may appeal to the department for an exemption from section 1 of this act if certain standards are met.
Section 3 defines high-volume hydraulic fracturing. Section 4 provides the effective date.
Justification
Any activity that has the potential to impact New York State public drinking supplies must be met with the highest scrutiny. High-volume hydraulic fracturing involves the high-pressure injection of over 300,000 gallons of water and a variety of chemicals into rock to stimulate the production of natural gas. The resulting wastewater contains high concentrations of salts and dissolved solids which, if improperly treated and released, could impact our water supplies and pose a serious threat to public health. Hydraulic fracturing fluids cannot be adequately treated by conventional biological treatment methods. A small number of publicly owned treatment works (POTW) employ chemical treatment methods for industrial waste, however, they are currently unable to safely handle hydraulic fracturing fluid.
This bill's ban on POTW treatment of hydraulic fracturing fluid comes as a response to uncertainty expressed by experts in the field as to whether this waste can be properly treated and what technology is necessary to do so. The POTW ban will ensure public safety and protect the environment while allowing the Department of Environmental Conservation the necessary time to evaluate best technology standards for POTWs.
Legislative history
2015-15:S. 4347 Energy and Telecommunications/ No Same as 2013-14:S. 4658 Energy and Telecommunications / A. 8463 Environmental Conservation 2011-12:S. 6893 Finance / A. 10210 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.