STATE OF NEW YORK
        ________________________________________________________________________

                                           486

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Environmental Conservation

        AN ACT relating to wastewater treatment

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Notwithstanding any contrary provision of law, no publicly
     2  owned treatment works shall accept wastewater associated with the explo-
     3  ration, delineation, development, or production  of  natural  gas  where
     4  high-volume hydraulic fracturing is utilized.
     5    § 2.  A publicly owned treatment works may appeal to the department of
     6  environmental  conservation  division  of  water  for  an exemption from
     7  section one of this act if it can meet a standard  of  performance  that
     8  shall  permit  no  discharge  of  pollutants,  or if not feasible, shall
     9  reflect the greatest degree of  effluent  reduction  achievable  through
    10  application of the best available demonstrated control technology, proc-
    11  esses, operating methods, or other alternatives.
    12    §  3.  For purposes of this act, "High-volume hydraulic fracturing" or
    13  "(HVHF)" means hydraulic fracturing for  natural  gas  extraction  using
    14  greater  than 300,000 gallons of water regardless of whether the well is
    15  vertical, directional or horizontal.
    16    § 4. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00796-01-3