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A02655 Summary:

BILL NOA02655
 
SAME ASSAME AS S03392
 
SPONSOREnglebright (MS)
 
COSPNSRColton, Lifton, Gottfried, Galef, Rosenthal L, Arroyo, Buchwald, Cook, Simon, Seawright, Fahy, Abinanti, Ortiz, Quart, Carroll, Steck, Paulin, Dinowitz, Taylor, Peoples-Stokes, Glick, Reyes, D'Urso, Griffin, Jaffee, Lupardo, Otis, Weprin, O'Donnell, Epstein, Niou, Mosley, Walker, Simotas
 
MLTSPNSRNolan, Solages, Thiele
 
Amd §27-0903, En Con L
 
Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas.
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A02655 Memo:

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.
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A02655 Text:



 
                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
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