Bill Text: NY S03397 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the promulgation of regulations requiring treatment works to test waste from hydraulic fracturing operations to test for radioactivity.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03397 Detail]

Download: New_York-2013-S03397-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3397
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by  Sen. ADDABBO -- 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
         requiring  treatment  works  to  test  waste from hydraulic fracturing
         operations to test for radioactivity
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 17-0833 to read as follows:
    3  S 17-0833. INDUSTRIAL WASTE FROM HYDRAULIC FRACTURING OPERATIONS.
    4    1. THE COMMISSIONER SHALL, AFTER HOLDING A  PUBLIC  HEARING  WITH  DUE
    5  NOTICE,  PROMULGATE  REGULATIONS  REQUIRING  TREATMENT WORKS WHICH TREAT
    6  INDUSTRIAL WASTE FROM HYDRAULIC FRACTURING  OPERATIONS  CONDUCTED  BY  A
    7  PERMIT  HOLDER  UNDER TITLE FIVE OF ARTICLE TWENTY-THREE OF THIS CHAPTER
    8  TO CAUSE TESTS TO BE PERFORMED ON THE WATER DISCHARGED THEREFROM.
    9    2. FOR PURPOSES OF THIS SECTION, TESTS TO BE PERFORMED  ON  THE  WATER
   10  SHALL  MEAN  WATER  SAMPLING  TO  IDENTIFY  COMPOUNDS OR CONTAMINANTS OF
   11  CONCERN. COMPOUNDS OR CONTAMINANTS OF CONCERN SHALL INCLUDE  INGREDIENTS
   12  CONTAINED  IN  HYDRAULIC  FRACTURING  FLUIDS  AND  CHEMICAL  TREATMENTS,
   13  INCLUDING, BUT NOT LIMITED TO, RADIOACTIVE CONTAMINANTS SUCH  AS  RADIUM
   14  AND ANY OTHER CONTAMINANTS IDENTIFIED BY THE DEPARTMENT.
   15    3.  NO WASTE FROM HYDRAULIC FRACTURING OPERATIONS OUTSIDE THE STATE OF
   16  NEW YORK SHALL BE ACCEPTED, TREATED OR DISCHARGED BY ANY  PERMIT  HOLDER
   17  PURSUANT TO THIS ARTICLE.
   18    4. FOR PURPOSES OF THIS SECTION "HYDRAULIC FRACTURING" MEANS A PROCESS
   19  USED  TO  CREATE FRACTURES IN ROCK BY MAN-MADE FRACTURING TECHNIQUES FOR
   20  THE PURPOSES OF STIMULATING NATURAL GAS OR OIL WELL PRODUCTION.
   21    S 2. This act shall take effect on the ninetieth day  after  it  shall
   22  have  become  a  law; provided, however, that effective immediately, the
   23  addition, amendment and/or repeal of any rule  or  regulation  necessary
   24  for  the implementation of this act on its effective date are authorized
   25  and directed to be made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08264-01-3