Prohibits the sale, purchase or use of any liquid waste product from hydraulic fracturing operations and requires the department of environmental conservation to establish rules and regulations concerning the proper disposal of waste products generated during the process of hydraulic fracturing.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2478
SPONSOR: Mosley TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the sale or use of any liquid waste product from
hydraulic fracturing operations and requiring the department of environ-
mental conservation to establish rules and regulations concerning the
proper disposal of waste products generated during the process of
hydraulic fracturing
PURPOSE OR GENERAL IDEA OF BILL:
To ensure the proper disposal of any and all waste products generated
during the process of hydraulic fracturing and prohibit the sale or use
of any liquid waste.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends the environmental conservation law by adding a new
section 23-1712 which prohibits the sale or use of any liquid waste
product from hydraulic fracturing. In addition, the department of envi-
ronmental conservation will be required to establish rules and regu-
lations for the proper disposal of any and all waste products generated
during the process of hydro fracturing.
Section 2 provides the effective date.
JUSTIFICATION:
Liquid waste created from the process of hydraulic fracturing contains
high concentrations of salts that would make it an effective solvent for
de-icing, and dust control on roadways. However, it has also been
reported that the same liquid waste has properties that raise public
health concerns.
The Department of Environmental Conservation notes in the draft Supple-
mental Generic Environmental Impact Statement (SGEIS) that these liquid
wastes may contain elevated concentrations of naturally occurring radio-
active materials (NORM) such as radium and its decay products. The
report further states that activities with the potential to concentrate
NORM need to come under regulatory oversight to ensure adequate
protection of workers, the general public and the environment. Testing
has identified increased levels of hydrocarbons such as benzene in
liquid waste from drilling operations in the Marcellus Shale.
Recognizing the potential health impacts from releasing liquid waste
into the environment, this legislation will prohibit its use for any
purpose. This legislation further requires the department to ensure the
safe disposal of all liquid waste that contains a high concentration of
chemicals, used in the process of hydraulic fracturing.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately; provided, that the department of
environmental conservation shall establish rules and regulations
concerning the proper disposal of any and all waste products generated
during the process of hydraulic fracturing within ninety days of the
effective date of this act.
