NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2655
SPONSOR: Englebright (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the uniform treatment of waste
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require hazardous wastes produced from
oil and natural gas activities to be subject to the requirements for
treatment of hazardous wastes.
SUMMARY OF PROVISIONS:
Section one of the bill amends § 27-0903 of the Environmental Conserva-
tion Law to add a new section that would classify all waste resulting
from oil or natural gas production activities as hazardous waste, if
such waste meets the definition of hazardous wastes set forth in the
Environmental Conservation Law. This section also directs the Depart-
ment of Environmental Conservation to make all necessary changes to
bring its rules and regulations into compliance. Section two contains
the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Currently, the regulations promulgated by the Department of Environ-
mental Conservation that govern the waste produced by the oil and
natural gas industries exempt "drilling fluids, produced waters, and
other wastes associated with the exploration, development or production
of crude oil, natural gas or geothermal energy" from being regulated as
hazardous waste. This exemption is in place despite the fact that the
waste resulting from the exploration, development, extraction and
production of crude oil and natural gas may be hazardous in many
instances. This legislation would supersede that regulation and ensure
that when waste from these operations meets the definition of hazardous
waste, that it be treated in a manner consistent with other hazardous
wastes. Failure to properly classify waste that meets this threshold
could present a real danger to public health and the environment. If not
treated properly, hazardous waste can, among other concerns, lead to
contaminated air, drinking water, soil, and food. There is no compelling
reason why waste produced from oil and natural gas activities that meet
the definition of hazardous waste should not be subject to the same laws
regarding generation, transportation, treatmen t, storage and disposal
as other hazardous wastes.
PRIOR LEGISLATIVE HISTORY:
2017-18 A.2427 - Advanced to 3rd Reading Calendar
2015-16: A.6859 - Advanced to 3rd Reading Calendar
2013-14: A.1046 - Advanced to 3rd Reading Calendar
2011-12: A.7013 - Passed the Assembly
2009-10: A.6859 - Advanced to 3rd Reading Calendar
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2655
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, COLTON, LIFTON, GOTTFRIED, GALEF,
L. ROSENTHAL, ARROYO, BUCHWALD, COOK, SIMON, SEAWRIGHT, FAHY, ABINAN-
TI, ORTIZ, QUART, CARROLL, STECK, PAULIN, DINOWITZ, TAYLOR,
PEOPLES-STOKES, GLICK -- Multi-Sponsored by -- M. of A. EPSTEIN,
SOLAGES, THIELE -- read once and referred to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to the
uniform treatment of waste
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 27-0903 of the environmental conservation law is
2 amended by adding a new subdivision 4 to read as follows:
3 4. Uniform treatment of waste. All waste resulting from the explora-
4 tion, development, extraction or production of crude oil or natural gas,
5 including but not limited to drilling fluids and produced waters, shall
6 be considered hazardous waste under the law of this state and subject to
7 all pertinent generation, transportation, treatment, storage, and
8 disposal laws and regulations, if such waste meets the definition of
9 hazardous waste set forth in subdivision three of section 27-0901 of
10 this chapter. Within six months from the effective date of this subdivi-
11 sion, the department shall make all necessary changes to bring its regu-
12 lations into compliance with this section.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05496-01-9
