What's happening
This bill classifies oil and natural gas waste as hazardous waste if it meets certain criteria, subjecting it to stricter 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 ends that exemption, meaning such waste will be regulated the same way as other hazardous materials if it meets the legal definition.
Stricter oversight and accountability. By requiring oil and natural gas waste to follow hazardous waste rules for generation, transport, treatment, storage, and disposal, the bill mandates tighter controls and monitoring, which can reduce risks of spills, leaks, and environmental contamination.
Potential impact on industry practices and costs. Oil and gas operators in New York would face increased compliance costs and operational changes, possibly discouraging improper disposal and encouraging safer waste management practices.
Public health and environmental protection. Enhanced regulation of toxic oil and gas waste could reduce threats to water sources, soil, and air quality, providing stronger safeguards for communities near drilling and disposal sites.
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Who cares
Headline styles
Treat Oil Waste as Hazardous
Plain English, a few words. Used as the page title.
Sponsors
23 Co-sponsors
- Todd Kaminsky
- Joseph P. Addabbo Jr.
- Alessandra Biaggi
- David Carlucci
- Leroy Comrie
- Jim Gaughran
- Andrew Gounardes
- Pete Harckham
- Brad Hoylman-Sigal
- Robert Jackson
- Anna Kaplan
- Liz Krueger
- John Liu
- Monica Martinez
- Jen Metzger
- Roxanne J. Persaud
- Jessica Ramos
- Gustavo Rivera
- James Sanders Jr.
- Susan Serino
- José M. Serrano
- James Skoufis
- Kevin Thomas
History
- Substituted by A2655
- Ordered to third reading cal.767
- Reported and committed to rules
- Reported and committed to finance
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Ordered to third reading rules cal.248
- Substituted for A2655
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 45–17
Show 4 earlier actions
- Ordered to third reading cal.1136
- Committee discharged and committed to rules
- Reported and committed to finance
- 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 Oil Waste as Hazardous
Signed by Governor · Sponsor Steven Englebright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3392
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sens. MAY, KAMINSKY -- 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.
LBD05496-01-9
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
The bill adds a new subdivision 4 to section 27-0903 of the Environ- mental Conservation Law 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 Environ- mental Conservation to make all necessary changes to bring its rules and regulations into compliance with this section.
Justification
Currently, the regulations promulgated by the Department of Environ- mental 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 pres- ent a real danger to public health and the environment. If not treated properly, hazardous waste can, among other concerns, lead to contam- inated 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
2017-18: S1538 Ref to Encon /A2427 Advanced to third reading 2015-16: S.884 Ref to Encon /A.6859 (Englebright) Advanced to third reading 2013-14: S.674 Ref to Encon /A.1046 (Sweeney) Advanced to third reading 2011-12: S.4616 Committed to Rules /A.7013 (Sweeney) Passed Assembly
Fiscal implications
None to the State
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.