Bill Text: NY A07271 | 2013-2014 | General Assembly | Introduced


Bill Title: Creates the High-volume Hydraulic Fracturing Waste Tracking Program; requires the commissioner of environmental conservation to track the generation, transportation and receipt of liquid and solid waste associated with the production of oil and gas.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-05-08 - referred to environmental conservation [A07271 Detail]

Download: New_York-2013-A07271-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7271
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 8, 2013
                                      ___________
       Introduced by M. of A. MAISEL -- read once and referred to the Committee
         on Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         creating the "High-volume Hydraulic Fracturing Waste Tracking Program"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 23 of the environmental conservation law is amended
    2  by adding a new title 25 to read as follows:
    3                                  TITLE 25
    4           HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM
    5  SECTION 23-2501. DEFINITIONS.
    6          23-2503. HIGH-VOLUME   HYDRAULIC   FRACTURING   WASTE   TRACKING
    7                     PROGRAM.
    8  S 23-2501. DEFINITIONS.
    9    1. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING  INITIAL  COMPLETION
   10  AND  CLEAN UP OF THE WELL OR CLEAN UP OF A WELL FOLLOWING RE-FRACTURE OR
   11  WORK OVER OF A WELL.
   12    2. "GENERATORS" MEANS ANY OWNER OR OPERATOR OF AN OIL OR GAS WELL  PAD
   13  WHOSE ACTS OR PROCESSES PRODUCE SOLID OR LIQUID WASTE.
   14    3.  "HIGH-VOLUME  HYDRAULIC  FRACTURING"  OR  "(HVHF)" MEANS HYDRAULIC
   15  FRACTURING FOR NATURAL GAS EXTRACTION USING GREATER THAN 300,000 GALLONS
   16  OF WATER REGARDLESS OF WHETHER THE  WELL  IS  VERTICAL,  DIRECTIONAL  OR
   17  HORIZONTAL.
   18    4.    "MANIFEST"  MEANS  THE  FORM  USED FOR IDENTIFYING THE QUANTITY,
   19  COMPOSITION, AND THE ORIGIN, ROUTING,  AND  DESTINATION  OF  LIQUID  AND
   20  SOLID  WASTE  DURING  ITS TRANSPORTATION FROM THE POINT OF GENERATION TO
   21  ANY INTERMEDIATE POINTS AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL.
   22    5. "OIL AND GAS PRODUCTION" MEANS ALL ACTIVITIES ASSOCIATED  WITH  THE
   23  EXPLORATION  AND  PRODUCTION  OF OIL AND GAS, INCLUDING, BUT NOT LIMITED
   24  TO, (A) DEVELOPMENT OF OIL AND GAS WELLS; (B) ACTIVITIES ASSOCIATED WITH
   25  DRILLING, STIMULATING, COMPLETING, OR OPERATING AN OIL OR GAS WELL;  (C)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04775-01-3
       A. 7271                             2
    1  ACTIVITIES  ASSOCIATED  WITH THE CONSTRUCTION OR OPERATION OF FACILITIES
    2  FOR THE COLLECTION AND TRANSMISSION OF OIL AND  GAS  FROM  OIL  AND  GAS
    3  WELLS  TO  CONSUMERS; AND (D) THE TRANSPORTATION OF MATERIALS ASSOCIATED
    4  WITH  AN  OIL  AND GAS WELL SITE OR PRODUCTION WHETHER OR NOT THE OIL OR
    5  GAS IS RE-INJECTED INTO THE SUBSURFACE OF THE EARTH, FROM  A  GEOLOGICAL
    6  FORMATION AND THE TRANSPORTATION OF THAT OIL OR GAS TO ANOTHER LOCATION.
    7    6.  "PRODUCTION  BRINE"  OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED
    8  DURING OIL AND GAS PRODUCTION.
    9    7. "SOLID AND LIQUID WASTE" MEANS, BUT IS NOT LIMITED  TO:  PRODUCTION
   10  BRINE,  PRODUCED  WATER, FLOWBACK FLUID, AND DRILL CUTTINGS FROM OIL AND
   11  GAS PRODUCTION.
   12    8. "TRANSPORT" SHALL MEAN THE MOVEMENT OF LIQUID AND SOLID WASTE ASSO-
   13  CIATED WITH OIL AND GAS PRODUCTION FROM THE POINT OF GENERATION  TO  ANY
   14  INTERMEDIATE  POINTS  AND FINALLY TO THE POINT OF ULTIMATE DISPOSAL. FOR
   15  THE PURPOSES OF THIS TITLE, THE  POINT  OF  GENERATION  WITH  REGARD  TO
   16  FACILITIES THAT ARE GENERATORS OF SUCH WASTE SHALL BE THE POINT AT WHICH
   17  SUCH WASTE LEAVES THE GENERATOR'S FACILITY SITE.
   18  S 23-2503. HIGH-VOLUME HYDRAULIC FRACTURING WASTE TRACKING PROGRAM.
   19    1.  THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR TRACKING THE GENER-
   20  ATION, TRANSPORTATION AND RECEIPT OF LIQUID AND SOLID  WASTE  ASSOCIATED
   21  WITH  THE PRODUCTION OF NATURAL GAS WHERE HIGH-VOLUME HYDRAULIC FRACTUR-
   22  ING IS UTILIZED.
   23    2. SUCH PROGRAM SHALL:
   24    A. PROVIDE FOR THE TRACKING OF THE TRANSPORTATION OF SUCH  WASTE  FROM
   25  THE GENERATOR TO THE RECEIVING FACILITY;
   26    B.  INCLUDE  A  SYSTEM FOR PROVIDING THE GENERATOR WITH ASSURANCE THAT
   27  THE MATERIALS WERE TREATED OR RECEIVED BY THE RECEIVING FACILITY;
   28    C. USE A UNIFORM FORM OR FORMS FOR TRACKING;
   29    D. REQUIRE THE GENERATOR TO DELIVER A COPY OF THE MANIFEST FORM TO THE
   30  DEPARTMENT WHEN THE SHIPMENT LEAVES THEIR FACILITY SITE;
   31    E. REQUIRE RECEIVING FACILITY TO DELIVER A COPY OF THE  MANIFEST  FORM
   32  TO THE DEPARTMENT WHEN THE SHIPMENT ARRIVES AT THE RECEIVING FACILITY;
   33    F.  USE  A COMPUTER SYSTEM TO MAINTAIN A RECORD OF DATA FROM THE MANI-
   34  FESTS AND TRACK THE MOVEMENT OF LIQUID AND SOLID WASTE; AND
   35    G. DISPLAY DATA RECORDS ON THE DEPARTMENT'S WEBSITE.
   36    S 2. This act shall take effect immediately.
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