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AB4914 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2015
        Introduced  by  M.  of  A.  GALEF,  BUCHWALD,  SCHIMEL  -- read once and
          referred to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the  use of wastewater from hydraulic fracturing for road
          spreading for dust control or de-icing
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  23-0101 of the environmental conservation law is
     2  amended by adding four new subdivisions 4-a, 7-a, 16-a and 21 to read as
     3  follows:
     4    4-a. "Flowback fluid" means liquids produced during initial completion
     5  and cleanup of the well or cleanup of a  well  following  refracture  or
     6  work over of a well.
     7    7-a. "Hydraulic fracturing" or what is commonly referred to as "hydro-
     8  fracking"  is  the process of using high-pressured water and hundreds of
     9  chemicals, including radioactive materials, to drill through  shale  for
    10  the purpose of extracting natural gas from below the earth's surface.
    11    16-a. "Production brine" or "produced water" means liquids co-produced
    12  during oil and gas production.
    13    21.  "Road"  means  any  public  roads,  streets  or  bridges owned or
    14  controlled by the state.
    15    § 2. The environmental conservation law is amended  by  adding  a  new
    16  section 23-0315 to read as follows:
    17  § 23-0315. Wastewater for road and land spreading; prohibited.
    18    1.  Wastewater  associated  with  the  production of natural gas using
    19  hydraulic fracturing, including  flowback  fluid,  production  brine  or
    20  produced  water, shall not be used for the purpose of road spreading for
    21  dust control or de-icing. No provision of such wastewater through  state
    22  contracts to any municipality, company or business for use in any manner
    23  is permitted.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4914                             2
     1    2.  The  commissioner  shall  promulgate any necessary rules and regu-
     2  lations detailing the prohibition of hydraulic wastewater from spreading
     3  on roads for use as de-icer or dust control. Further,  the  commissioner
     4  shall,  in consultation with the office of general services, ensure that
     5  hydraulic  wastewater  is  a  prohibited  product,  not available to any
     6  governmental or commercial entity.
     7    § 3. This act shall take effect immediately.
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