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A00302 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         302--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  M. of A. BUCHWALD, ENGLEBRIGHT, LUPARDO, COLTON, MOSLEY,
          GUNTHER, BICHOTTE, LIFTON,  GOTTFRIED,  ROZIC,  RYAN,  MAYER,  TITONE,
          BARRETT,  OTIS, STECK, ZEBROWSKI, BLAKE, JAFFEE, BARRON, ARROYO, WALK-
          ER, QUART, CAHILL, GALEF -- Multi-Sponsored  by  --  M.  of  A.  COOK,
          GLICK,  HEVESI,  KEARNS,  MAGEE, PEOPLES-STOKES, SIMON, THIELE -- read
          once and referred to the Committee on  Environmental  Conservation  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          banning   the  acceptance  of  wastewater  from  oil  or  natural  gas
          extraction activities at wastewater treatment facilities and landfills
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  20  of  section 23-0101 of the environmental
     2  conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
     3  amended to read as follows:
     4    20. "Waste" means
     5    a. Physical waste, as that term is generally understood in the oil and
     6  gas industry;
     7    b.  The  inefficient, excessive or improper use of, or the unnecessary
     8  dissipation of reservoir energy;
     9    c. The locating, spacing, drilling, equipping, operating, or producing
    10  of any oil or gas well or wells in a manner which  causes  or  tends  to
    11  cause  reduction  in  the  quantity of oil or gas ultimately recoverable
    12  from a pool under prudent and proper  operations,  or  which  causes  or
    13  tends  to  cause unnecessary or excessive surface loss or destruction of
    14  oil or gas;
    15    d. The inefficient storing of oil or gas; [and]
    16    e. The flaring of gas produced from an oil or  condensate  well  after
    17  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.
                                                                   LBD01587-03-7

        A. 302--A                           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 includes, but  is  not  limited  to,  drill
     5  cuttings and drilling mud from well construction and leachate from solid
     6  waste associated with natural gas extraction activities.  This waste may
     7  consist  of  among  other  substances,  water,  chemical  additives,  or
     8  naturally occurring radioactive materials (NORM) and heavy metals; and
     9    g. Any waste that is generated as a result of or in  association  with
    10  the underground storage of gas or liquefied petroleum gas.
    11    §  2. Section 23-0101 of the environmental conservation law is amended
    12  by adding a new subdivision 21 to read as follows:
    13    21. "Natural gas extraction activities" means all geologic or  geophy-
    14  sical activities related to the exploration for or extraction of natural
    15  gas or other subsurface hydrocarbon deposits, including, but not limited
    16  to, core and rotary drilling and hydraulic fracturing.
    17    §  3. Section 23-0305 of the environmental conservation law is amended
    18  by adding three new subdivisions 15, 16 and 17 to read as follows:
    19    15. The department shall prohibit the application of  waste  generated
    20  from oil or natural gas extraction activities on any highway, as defined
    21  in  subdivision  fourteen  of section two of the transportation law, for
    22  any purpose, including  but  not  limited  to  use  for  de-icing,  dust
    23  suppression or any other use. Such prohibition shall extend to all waste
    24  from  oil or natural gas extraction activities whether or not such waste
    25  received a beneficial use determination pursuant to 6 NYCRR Part 360.
    26    16. The department shall prohibit the use  of  waste  generated  as  a
    27  result  of  or  in  association  with  the underground storage of gas or
    28  liquefied petroleum gas on any highway as defined in  subdivision  four-
    29  teen  of  section two of the transportation law, for any purpose includ-
    30  ing, but not limited to, de-icing, dust suppression or  any  other  use.
    31  Such  prohibition  shall extend to all waste from generation as a result
    32  of or in association with the underground storage of  gas  or  liquefied
    33  petroleum gas whether or not such waste received a beneficial use deter-
    34  mination pursuant to 6 NYCRR Part 360.
    35    17. The department shall prohibit the application of waste from oil or
    36  natural  gas  extraction activities or waste generated as a result of or
    37  in association with the underground storage of gas or liquefied petrole-
    38  um gas on any state-owned real property.
    39    § 4. Subdivision 4 of section 17-1905 of the  environmental  conserva-
    40  tion law is amended by adding a new paragraph f to read as follows:
    41    f. The department shall adopt regulations prohibiting the introduction
    42  of  waste  from  oil or natural gas extraction activities, as such terms
    43  are defined in article twenty-three of  this  chapter,  into  any  waste
    44  water treatment facility within the state.
    45    §  5. Section 27-0703 of the environmental conservation law is amended
    46  by adding a new subdivision 7 to read as follows:
    47    7. The department shall adopt regulations prohibiting waste  from  oil
    48  or natural gas extraction activities, as such terms are defined in arti-
    49  cle  twenty-three of this chapter, from being deposited in a solid waste
    50  management facility.
    51    § 6. Subdivision 3 of section 71-1307 of the  environmental  conserva-
    52  tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
    53  read as follows:
    54    3. Criminal sanctions. Any person who,  having  any  of  the  culpable
    55  mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
    56  violates any provision of article 23 of  this  chapter  or  commits  any

        A. 302--A                           3
 
     1  offense  described in section 71-1305 of this title shall be guilty of a
     2  misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
     3  not  to  exceed  one  thousand  dollars  for  each day during which such
     4  violation  continues  or by imprisonment for a term of not more than one
     5  year, or by both such fine and imprisonment. If the conviction is for  a
     6  subsequent  offense  committed  after  a first conviction of such person
     7  under this subdivision, punishment shall be by  a  fine  not  to  exceed
     8  eight  thousand dollars for each day during which such violation contin-
     9  ues or by imprisonment for a term of not more than one year, or by  both
    10  such  fine  and  imprisonment.    Notwithstanding the provisions of this
    11  subdivision, any person  who  violates  the  provisions  of  subdivision
    12  fifteen of section 23-0305 of this chapter shall be punishable by a fine
    13  not  to  exceed  twenty-five  thousand  dollars  per violation and/or by
    14  imprisonment for a term of not more than one year.    Each  introduction
    15  and/or  application  of  waste from oil or natural gas extraction activ-
    16  ities shall constitute a separate and distinct violation.
    17    § 7. Section 71-1933 of the environmental conservation law is  amended
    18  by adding a new subdivision 5-a to read as follows:
    19    5-a.  Any  person  who  knowingly,  as defined in section 15.05 of the
    20  penal law, violates the rules or  regulations  promulgated  pursuant  to
    21  paragraph f of subdivision four of section 17-1905 of this chapter shall
    22  be  punishable  by a fine not to exceed twenty-five thousand dollars per
    23  violation and/or up  to  thirty  days  imprisonment.  Each  introduction
    24  and/or  application  of  waste from oil or natural gas extraction activ-
    25  ities shall constitute a separate and distinct violation.
    26    § 8. Subdivision 2 of section 71-2703 of the  environmental  conserva-
    27  tion law is amended by adding a new paragraph d to read as follows:
    28    d.  Any person who knowingly, as defined in section 15.05 of the penal
    29  law, violates the rules or regulations promulgated pursuant to  subdivi-
    30  sion  seven  of section 27-0703 of this chapter shall be punishable by a
    31  fine not to exceed twenty-five thousand dollars per violation and/or  up
    32  to  thirty  days  imprisonment.  Each introduction and/or application of
    33  waste from oil or natural gas extraction activities shall  constitute  a
    34  separate and distinct violation.
    35    § 9. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
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