Bill Text: NY A06997 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates the high-volume hydraulic fracturing waste tracking program; requires the commissioner of environmental conservation to track the generation, transportation and receipt of liquid and solid waste associated with the production of oil and gas.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A06997 Detail]
Download: New_York-2017-A06997-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6997 2017-2018 Regular Sessions IN ASSEMBLY March 29, 2017 ___________ Introduced by M. of A. BUCHWALD, ORTIZ, MOSLEY, LAVINE, GUNTHER, BICHOTTE, GALEF, THIELE, CAHILL, STECK, ZEBROWSKI, ROZIC, HOOPER, MONTESANO, GLICK, SIMON, GOTTFRIED, CARROLL, WILLIAMS -- Multi-Spon- sored by -- M. of A. COOK, D'URSO, NOLAN -- read once and referred to the Committee on Environmental Conservation 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04368-01-7A. 6997 2 1 5. "Oil and gas production" means all activities associated with the 2 exploration and production of oil and gas, including, but not limited 3 to, (a) development of oil and gas wells; (b) activities associated with 4 drilling, stimulating, completing, or operating an oil or gas well; (c) 5 activities associated with the construction or operation of facilities 6 for the collection and transmission of oil and gas from oil and gas 7 wells to consumers; and (d) the transportation of materials associated 8 with an oil and gas well site or production whether or not the oil or 9 gas is re-injected into the subsurface of the earth, from a geological 10 formation and the transportation of that oil or gas to another location. 11 6. "Production brine" or "produced water" means liquids co-produced 12 during oil and gas production. 13 7. "Solid and liquid waste" means, but is not limited to: production 14 brine, produced water, flowback fluid, and drill cuttings from oil and 15 gas production. 16 8. "Transport" shall mean the movement of liquid and solid waste asso- 17 ciated with oil and gas production from the point of generation to any 18 intermediate points and finally to the point of ultimate disposal. For 19 the purposes of this title: 20 a. the point of generation with regard to in-state facilities that are 21 generators of such waste shall be the point at which such waste leaves 22 the generator's facility site; and 23 b. the point of generation with regard to out-of-state facilities that 24 are generators of such waste shall be the point at which such waste 25 enters into the state of New York. 26 § 23-2503. High-volume hydraulic fracturing waste tracking program. 27 1. The commissioner shall establish a program for tracking the gener- 28 ation, transportation and receipt of liquid and solid waste associated 29 with the production of natural gas where high-volume hydraulic fractur- 30 ing is utilized. 31 2. Such program shall: 32 a. Provide for the tracking of the transportation of such waste from 33 the generator to the receiving facility; 34 b. Include a system for providing the generator with assurance that 35 the materials were treated or received by the receiving facility; 36 c. Use a uniform form or forms for tracking; 37 d. Require the generator to deliver a copy of the manifest form to the 38 department when the shipment leaves their facility site; 39 e. Require receiving facility to deliver a copy of the manifest form 40 to the department when the shipment arrives at the receiving facility; 41 f. Use a computer system to maintain a record of data from the mani- 42 fests and track the movement of liquid and solid waste; and 43 g. Display data records on the department's website. 44 § 2. This act shall take effect immediately.
