What's happening
This bill bans wastewater treatment and solid waste facilities in New York from accepting or disposing of hydraulic fracturing waste.
Why it matters
Protects Local Waterways and Public Health. By banning the disposal of hydraulic fracturing (fracking) waste at wastewater and solid waste facilities in New York, the bill aims to prevent potential contamination of water sources with chemicals and radioactive materials often found in fracking waste.
Closes Existing Loopholes. The legislation requires the state environmental agency to formally adopt regulations, ensuring that fracking waste from out-of-state sources cannot be processed or dumped in New York, addressing gaps that previously allowed such waste to enter the state’s waste stream.
Supports Broader Environmental Goals. By refusing to accept fracking waste, New York reinforces its broader policy stance against hydraulic fracturing and aligns with efforts to reduce the environmental impacts associated with oil and gas extraction.
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Who cares
Headline styles
Ban Fracking Wastewater Disposal
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 98b
- Amend (t) and recommit to environmental conservation
- Referred to environmental conservation
- Print number 98a
- Amend and recommit 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 Wastewater Disposal
Assembly Floor Calendar · Sponsor David Buchwald
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
98--B
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. HOYLMAN, ADDABBO, ALCANTARA, AVELLA, CARLUCCI, DILAN, HAMILTON, KRUEGER, MAYER, PERALTA, RIVERA, SAVINO, SERRANO -read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to banning the acceptance of high volume hydraulic fracturing wastewater from oil or natural gas extraction at wastewater treatment facilities and solid waste management facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 17-1905 of the environmental conservation law is amended by adding a new paragraph f to read as follows:
f. The department shall adopt regulations prohibiting the introduction of high volume hydraulic fracturing waste from oil or natural gas extraction including, but not limited to, flowback water and production water or brine into any wastewater treatment facility within the state.
§ 2. Section 27-0703 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows:
7. The department shall adopt regulations prohibiting the disposal of high volume hydraulic fracturing waste from oil or natural gas extraction from being deposited in a solid waste management facility.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01587-05-8
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 banning the acceptance of high volume hydraulic fracturing wastewater from oil or natural gas extraction at wastewater treatment facilities and solid waste management facilities
Purpose or general idea of bill
To regulate the disposal of waste associated with high volume hydraulic fracturing associated with natural gas exploration and extraction activ- ities.
Summary of provisions
Amends section 17-1905 of the Environmental Conservation Law to add a new paragraph to require the Department of Environmental Conservation to adopt regulations prohibiting high volume hydraulic fracturing waste from oil or natural gas activities from being introduced into or proc- essed by any waste treatment facility in the State of New York.
Amends section 27-0703 of the Environmental Conservation Law to add a new subdivision to require the Department of Environmental Conservation to adopt regulations prohibiting waste from oil or natural gas extraction activities from being deposited in a solid waste management facility.
Justification
Waste from hydraulic fracturing, including flow back fluid, brine, solid wastes, and leachate from solid wastes, if placed in our water, waste disposal systems and roadways, can cause significant public health and environmental risks. Currently, waste from hydraulic fracturing is allowed to enter New York State and could be placed for treatment in wastewater treatment facilities and disposed of in landfills in New York. However, treatment facilities are generally not currently equipped to handle these chemicals, contaminants, and radioactive materials, and dumping this waste in landfills poses the possibility of it spreading into our environment, threatening our ecosystems, waterways and public health. Production brine contains chemicals, metals, excess salts and carcinogens like benzene as well as radioactive material. Production brine, once it makes its way from our roadways to our waterways, can become a threat to potable water systems as well as to aquatic ecosys- tems. Current restrictions as to the spreading of brine on roadways are vague and limited and chemical testing of liquid waste before it goes on roads in minimal. By prohibiting the disposal of hydraulic fracturing wastes in landfills, as well as in water treatment facilities and use on roadways, we can avert any unnecessary health risks to our wildlife and ourselves.
Prior legislative history
2017: A.302 - Reported to Environmental Conservation Committee.
Fiscal implications for state and local governments
None.
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.