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SB4451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4451
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     March 20, 2015
                                       ___________
 
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation
 
        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  § 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09788-02-5

        S. 4451                             2
 
     1  drilling,  stimulating, completing, or operating an oil or gas well; (c)
     2  activities associated with the construction or operation  of  facilities
     3  for  the  collection  and  transmission  of oil and gas from oil and gas
     4  wells  to  consumers; and (d) the transportation of materials associated
     5  with an oil and gas well site or production whether or not  the  oil  or
     6  gas  is  re-injected into the subsurface of the earth, from a geological
     7  formation and the transportation of that oil or gas to another location.
     8    6. "Production brine" or "produced water"  means  liquids  co-produced
     9  during oil and gas production.
    10    7.  "Solid  and liquid waste" means, but is not limited to: production
    11  brine, produced water, flowback fluid, and drill cuttings from  oil  and
    12  gas production.
    13    8. "Transport" shall mean the movement of liquid and solid waste asso-
    14  ciated  with  oil and gas production from the point of generation to any
    15  intermediate points and finally to the point of ultimate  disposal.  For
    16  the purposes of this title:
    17    a. the point of generation with regard to in-state facilities that are
    18  generators  of  such waste shall be the point at which such waste leaves
    19  the generator's facility site; and
    20    b. the point of generation with regard to out-of-state facilities that
    21  are generators of such waste shall be the  point  at  which  such  waste
    22  enters into the state of New York.
    23  § 23-2503. High-volume hydraulic fracturing waste tracking program.
    24    1.  The commissioner shall establish a program for tracking the gener-
    25  ation, transportation and receipt of liquid and solid  waste  associated
    26  with  the production of natural gas where high-volume hydraulic fractur-
    27  ing is utilized.
    28    2. Such program shall:
    29    a. Provide for the tracking of the transportation of such  waste  from
    30  the generator to the receiving facility;
    31    b.  Include  a  system for providing the generator with assurance that
    32  the materials were treated or received by the receiving facility;
    33    c. Use a uniform form or forms for tracking;
    34    d. Require the generator to deliver a copy of the manifest form to the
    35  department when the shipment leaves their facility site;
    36    e. Require receiving facility to deliver a copy of the  manifest  form
    37  to the department when the shipment arrives at the receiving facility;
    38    f.  Use  a computer system to maintain a record of data from the mani-
    39  fests and track the movement of liquid and solid waste; and
    40    g. Display data records on the department's website.
    41    § 2. This act shall take effect immediately.
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