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AB1043 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 8, 2015
        Introduced  by M. of A. ROSENTHAL, ENGLEBRIGHT -- 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 for road and land spreading
          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  three new subdivisions 4-a, 7-a and 16-a 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.  "High-volume  hydraulic  fracturing"  or  "HVHF" means hydraulic
     8  fracturing for natural gas extraction using greater than  three  hundred
     9  thousand  gallons  of  water regardless of whether the well is vertical,
    10  directional or horizontal.
    11    16-a. "Production brine" or "produced water" means liquids co-produced
    12  during oil and gas production.
    13    § 2. The environmental conservation law is amended  by  adding  a  new
    14  section 23-0315 to read as follows:
    15  § 23-0315. Wastewater for road and land spreading; prohibited.
    16    Wastewater  associated  with the production of natural gas using high-
    17  volume hydraulic fracturing, including flowback fluid, production  brine
    18  or  produced  water, shall not be used for the purpose of road spreading
    19  for dust control or de-icing or land spreading.
    20    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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