STATE OF NEW YORK
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48
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
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Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the use of waste from oil or natural gas extraction activ-
ities on any highway
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23-0305 of the environmental conservation law is
2 amended by adding two new subdivisions 15 and 16 to read as follows:
3 15. The department shall prohibit the use of waste generated from oil
4 or natural gas extraction activities on any highway, as defined in
5 subdivision fourteen of section two of the transportation law, for any
6 purpose, including but not limited to use for de-icing, dust suppression
7 or any other use. Such prohibition shall extend to all waste from oil or
8 natural gas whether or not such waste received a Beneficial Use Determi-
9 nation pursuant to 6 NYCRR Part 360.
10 16. The department shall prohibit the use of waste generated from the
11 storage of oil or natural gas on any highway as defined in subdivision
12 fourteen of section two of the transportation law, for any purpose
13 including, but not limited to, de-icing, dust suppression or any other
14 use. Such prohibition shall extend to all waste from oil or natural gas
15 whether or not such waste received a Beneficial Use Determination pursu-
16 ant to 6 NYCRR Part 360.
17 § 2. Paragraphs d and e of subdivision 20 of section 23-0101 of the
18 environmental conservation law, as amended by chapter 846 of the laws of
19 1981, are amended and two new paragraphs f and g are added to read as
20 follows:
21 d. The inefficient storing of oil or gas; [and]
22 e. The flaring of gas produced from an oil or condensate well after
23 the department has found that the use of the gas, on terms that are just
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01404-01-5
S. 48 2
1 and reasonable, is, or will be economically feasible within a reasonable
2 time[.];
3 f. Any waste that is generated as a result of oil or natural gas
4 extraction activities which shall include, but is not limited to, leac-
5 hate from solid waste associated with natural gas activities. This waste
6 may consist of, among other substances, water, brine chemical additives
7 or naturally occurring radioactive materials (NORM) and heavy metals;
8 and
9 g. Any waste that is generated from the storage of oil or natural gas.
10 § 3. Section 23-0101 of the environmental conservation law is amended
11 by adding a new subdivision 21 to read as follows:
12 21. "Natural gas extraction activities" means all geologic or geophy-
13 sical activities related to the exploration or extraction of oil or
14 natural gas or other subsurface hydrocarbon deposits, including, but not
15 limited to, core and rotary drilling and hydraulic fracturing.
16 § 4. Subdivision 3 of section 71-1307 of the environmental conserva-
17 tion law, as amended by chapter 99 of the laws of 2010, is amended to
18 read as follows:
19 3. Criminal sanctions. Any person who, having any of the culpable
20 mental states defined in sections 15.05 and 20.20 of the penal law,
21 violates any provision of article 23 of this chapter or commits any
22 offense described in section 71-1305 of this title shall be guilty of a
23 misdemeanor and, upon conviction thereof, shall be punished by a fine
24 not to exceed one thousand dollars for each day during which such
25 violation continues or by imprisonment for a term of not more than one
26 year, or by both such fine and imprisonment. If the conviction is for a
27 subsequent offense committed after a first conviction of such person
28 under this subdivision, punishment shall be by a fine not to exceed
29 eight thousand dollars for each day during which such violation contin-
30 ues or by imprisonment for a term of not more than one year, or by both
31 such fine and imprisonment. Notwithstanding the provisions of this
32 subdivision, any person who violates the provisions of subdivision
33 fifteen or sixteen of section 23-0305 of this chapter shall be punisha-
34 ble by a fine not to exceed twenty-five thousand dollars per violation
35 and/or by imprisonment for a term of not more than one year. Each
36 introduction or use and/or application of waste from oil or natural gas
37 extraction activities and/or waste from the storage of oil or natural
38 gas shall constitute a separate and distinct violation.
39 § 5. This act shall take effect on the one hundred eightieth day after
40 it shall have become a law.
