Prohibits the use of drilling fluids and flowback water from wells, pools or fields on any highway for any purpose including but not limited to de-icing or dust suppression.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7105A
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the use of drilling fluids, brine, and flowback water from
wells, pools or fields on any highway
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit wastewater from hydrofracking, which contains a
variety of chemical and possibly radioactive contaminants, from being
used on highways for purposes such as melting ice.
SUMMARY OF SPECIFIC PROVISIONS:
The bill prohibits flowback water from oil and gas wells, pools, or
fields, i.e., the wastewater from hydrofracking operations, from being
used on highways.
Section one of the bill amends Environmental Conservation Law ("ECL")
Section 23-0305 to add a new subdivision 15 which prohibits the use of
flowback water on highways.
Section 2 provides the effective date.
JUSTIFICATION:
The hydraulic fracturing process to extract natural gas, generally
referred to as hydrofracking, generates wastewater with a variety of
contaminants. In addition to the many concerns about the safety of the
process itself and hydrofracking's effect on groundwater and watersheds,
which are the subject of other legislative proposals, moratoriums and
administrative and/or legislative oversight and regulation, a separate
concern about possible reuse of the wastewater is addressed by this
bill. At least in part because the wastewater is very salty, it is used
in some communities to de-ice roads in the winter, as well as for other
purposes, like suppressing dust, in other seasons. Unfortunately, these
uses also result in runoff that can contaminate ground water. This bill
therefore would ban the use of wastewater from hydrofracking on public
roads in New York.
PRIOR LEGISLATIVE HISTORY:
A.903 (2021-22) (passed both houses, vetoed by governor);
A.7933 (2019-20)(third reading);
A.4720-A (2017-18)(third reading);
A.4905(2015-16)(third reading);
A.3561 (2012-2014)(third reading);
A.6915-A(2011-2012)(third reading).
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE: 6sk 1 This act shall take effect 180 days after
becoming a law.
STATE OF NEW YORK
________________________________________________________________________
7105--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the use of drilling fluids, brine, and flowback water from
wells, pools or fields 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 a new subdivision 15 to read as follows:
3 15. The department shall prohibit the use of drilling fluids, brine,
4 and flowback water from wells, pools or fields on any highway, as
5 defined in subdivision fourteen of section two of the transportation
6 law, for any purpose, including but not limited to use for de-icing,
7 dust suppression or any other use.
8 § 2. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05381-04-4
