What's happening
This bill prohibits the use of wastewater from high-volume hydraulic fracturing, including flowback fluid and brine, for road or land spreading in New York.
Why it matters
Prevents potential contamination of soil and water. by stopping the practice of spreading fracking wastewater—known to contain toxic chemicals, heavy metals, and radioactive materials—on public roads and land, which could otherwise leach into groundwater or run off into streams.
Limits indirect exposure to hazardous substances. for communities, wildlife, and agricultural lands, since spreading this wastewater for dust control or de-icing could lead to increased contact with pollutants not typically monitored in such contexts.
Closes regulatory loopholes. by clearly defining key terms like “flowback fluid,” “production brine,” and “high-volume hydraulic fracturing,” ensuring that all forms of related wastewater are covered and not exempt from the ban.
Signals a shift in environmental policy priorities. by prioritizing public health and environmental protection over low-cost road maintenance solutions, potentially influencing similar policies in other states or prompting investment in safer alternatives.
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Who cares
Headline styles
Ban Fracking Wastewater 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 Rachel May
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
596
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, ENGLEBRIGHT, MOSLEY, FAHY, THIELE, COLTON, GALEF, QUART, CARROLL, STECK, ABINANTI, ARROYO -- 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.
LBD03319-01-9
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.