What's happening
This bill bans wastewater and solid waste facilities in New York from accepting high volume hydraulic fracturing waste from oil or gas extraction.
Why it matters
Closes a regulatory loophole. By specifically banning both wastewater and solid waste facilities from accepting high volume hydraulic fracturing (fracking) waste, the bill prevents companies from offloading potentially hazardous byproducts of oil and gas extraction within New York, even if the fracking itself is already restricted.
Reduces risk of water and soil contamination. Fracking waste can contain chemicals, heavy metals, and radioactive materials. Prohibiting its disposal in state facilities helps protect water sources, agricultural land, and public health from accidental leaks or improper treatment.
Forces industry to find alternatives. Oil and gas producers will need to manage their waste out-of-state or develop cleaner practices, which could increase operational costs and potentially discourage expansion of fracking operations near New York’s borders.
Strengthens New York’s environmental leadership. The bill signals a strong stance on environmental protection and may influence similar policies in other states, reinforcing New York’s role as a leader in responding to the environmental challenges posed by fossil fuel 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
- 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 Disposal
Assembly Floor Calendar · Sponsor David Buchwald
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
437
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. HOYLMAN, ADDABBO, CARLUCCI, KRUEGER, MAYER, RIVERA, SEPULVEDA, SERRANO -- 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 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.
LBD00410-01-9
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 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
2017-18: S.98-B(Hoylman) - Died in Environmental Conservation Committee 2015-16: S.340(Hoylman) - Died in Environmental Conservation Committee 2013-14: S.5412(Gipson) - Died in Environmental Conservation Committee
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.