Bill Text: NY A00302 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to prohibiting the acceptance of high volume hydraulic fracturing wastewater from oil or natural gas extraction activities at wastewater treatment facilities and solid waste management facilities.

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Introduced - Dead) 2018-06-18 - ordered to third reading rules cal.270 [A00302 Detail]

Download: New_York-2017-A00302-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           302
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
                                       ___________
        Introduced  by  M. of A. BUCHWALD, ENGLEBRIGHT, LUPARDO, COLTON, MOSLEY,
          GUNTHER, BICHOTTE, LIFTON,  GOTTFRIED,  ROZIC,  RYAN,  MAYER,  TITONE,
          BARRETT,  OTIS, STECK, ZEBROWSKI, BLAKE, JAFFEE, BARRON, ARROYO, WALK-
          ER, QUART, CAHILL, GALEF -- Multi-Sponsored  by  --  M.  of  A.  COOK,
          GLICK,  HEVESI,  KEARNS,  MAGEE, PEOPLES-STOKES, SIMON, THIELE -- read
          once and referred to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          banning   the  acceptance  of  wastewater  from  oil  or  natural  gas
          extraction activities at wastewater treatment facilities and landfills
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  20  of  section 23-0101 of the environmental
     2  conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
     3  amended to read as follows:
     4    20. "Waste" means
     5    a. Physical waste, as that term is generally understood in the oil and
     6  gas industry;
     7    b.  The  inefficient, excessive or improper use of, or the unnecessary
     8  dissipation of reservoir energy;
     9    c. The locating, spacing, drilling, equipping, operating, or producing
    10  of any oil or gas well or wells in a manner which  causes  or  tends  to
    11  cause  reduction  in  the  quantity of oil or gas ultimately recoverable
    12  from a pool under prudent and proper  operations,  or  which  causes  or
    13  tends  to  cause unnecessary or excessive surface loss or destruction of
    14  oil or gas;
    15    d. The inefficient storing of oil or gas; [and]
    16    e. The flaring of gas produced from an oil or  condensate  well  after
    17  the department has found that the use of the gas, on terms that are just
    18  and reasonable, is, or will be economically feasible within a reasonable
    19  time[.]; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01587-01-7

        A. 302                              2
     1    f.  Any  waste  that  is  generated  as a result of oil or natural gas
     2  extraction activities, which includes, but is not limited  to,  leachate
     3  from  solid  waste  associated  with  natural gas extraction activities.
     4  This waste may consist of among other substances, water, chemical  addi-
     5  tives,  or  naturally  occurring  radioactive materials (NORM) and heavy
     6  metals.
     7    § 2. Section 23-0101 of the environmental conservation law is  amended
     8  by adding a new subdivision 21 to read as follows:
     9    21.  "Natural gas extraction activities" means all geologic or geophy-
    10  sical activities related to the exploration for or extraction of natural
    11  gas or other subsurface hydrocarbon deposits, including, but not limited
    12  to, core and rotary drilling and hydraulic fracturing.
    13    § 3. Section 23-0305 of the environmental conservation law is  amended
    14  by adding a new subdivision 15 to read as follows:
    15    15. The department shall prohibit the application of waste from oil or
    16  natural  gas extraction activities on any state-owned real property, for
    17  any purpose.
    18    § 4. Subdivision 4 of section 17-1905 of the  environmental  conserva-
    19  tion law is amended by adding a new paragraph f to read as follows:
    20    f.  Ensure  that  the  introduction  of  waste from oil or natural gas
    21  extraction activities into any waste water treatment facility within the
    22  state is prohibited.
    23    § 5. Section 27-0703 of the environmental conservation law is  amended
    24  by adding a new subdivision 7 to read as follows:
    25    7.  The  department shall adopt regulations prohibiting waste from oil
    26  or natural gas extraction activities, as such terms are defined in arti-
    27  cle twenty-three of this chapter, from being deposited in a solid  waste
    28  management facility.
    29    §  6.  Subdivision 3 of section 71-1307 of the environmental conserva-
    30  tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
    31  read as follows:
    32    3.  Criminal  sanctions.  Any  person  who, having any of the culpable
    33  mental states defined in sections 15.05 and  20.20  of  the  penal  law,
    34  violates  any  provision  of  article  23 of this chapter or commits any
    35  offense described in section 71-1305 of this title shall be guilty of  a
    36  misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
    37  not to exceed one thousand  dollars  for  each  day  during  which  such
    38  violation  continues  or by imprisonment for a term of not more than one
    39  year, or by both such fine and imprisonment. If the conviction is for  a
    40  subsequent  offense  committed  after  a first conviction of such person
    41  under this subdivision, punishment shall be by  a  fine  not  to  exceed
    42  eight  thousand dollars for each day during which such violation contin-
    43  ues or by imprisonment for a term of not more than one year, or by  both
    44  such  fine  and  imprisonment.    Notwithstanding the provisions of this
    45  subdivision, any person  who  violates  the  provisions  of  subdivision
    46  fifteen of section 23-0305 of this chapter shall be punishable by a fine
    47  not  to  exceed  twenty-five  thousand  dollars  per violation and/or by
    48  imprisonment for a term of not more than one year.    Each  introduction
    49  and/or  application  of  waste from oil or natural gas extraction activ-
    50  ities shall constitute a separate and distinct violation.
    51    § 7. Section 71-1933 of the environmental conservation law is  amended
    52  by adding a new subdivision 5-a to read as follows:
    53    5-a.  Any  person  who  knowingly,  as defined in section 15.05 of the
    54  penal law, violates the rules or  regulations  promulgated  pursuant  to
    55  paragraph f of subdivision four of section 17-1905 of this chapter shall
    56  be  punishable  by a fine not to exceed twenty-five thousand dollars per

        A. 302                              3
     1  violation and/or up  to  thirty  days  imprisonment.  Each  introduction
     2  and/or  application  of  waste from oil or natural gas extraction activ-
     3  ities shall constitute a separate and distinct violation.
     4    §  8.  Subdivision 2 of section 71-2703 of the environmental conserva-
     5  tion law is amended by adding a new paragraph d to read as follows:
     6    d. Any person who knowingly, as defined in section 15.05 of the  penal
     7  law,  violates the rules or regulations promulgated pursuant to subdivi-
     8  sion seven of section 27-0703 of this chapter shall be punishable  by  a
     9  fine  not to exceed twenty-five thousand dollars per violation and/or up
    10  to thirty days imprisonment. Each  introduction  and/or  application  of
    11  waste  from  oil or natural gas extraction activities shall constitute a
    12  separate and distinct violation.
    13    § 9. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.
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