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A02478 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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.