Prohibits publicly owned treatment works from accepting wastewater associated with the exploration, delineation, development, or production of natural gas from high-volume hydraulic fracturing; provides exceptions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A880
SPONSOR: Rosenthal TITLE OF BILL:
An act relating to wastewater treatment
PURPOSE:
This bill prohibits publicly owned treatment works from accepting waste-
water associated with natural gas production where high volume hydraulic
fracturing is utilized.
SUMMARY OF SPECIFIC PROVISIONS:
Section one provides that no publicly owned treatment works shall accept
wastewater associated with the exploration, delineation, development, or
production of natural gas where high-volume hydraulic fracturing is
utilized.
Section two provides that a publicly owned treatment works may appeal to
the department for an exemption from section 1 of this act if certain
standards are met.
Section three defines high-volume hydraulic fracturing.
Section four sets forth the effective date.
JUSTIFICATION:
Any activity that has the potential to impact New York State public
drinking supplies must be met with the highest scrutiny. High-volume
hydraulic fracturing involves the high-pressure injection of over
300,000 gallons of water and a variety of chemicals into rock to stimu-
late the production of natural gas. The resulting wastewater contains
high concentrations of salts and dissolved solids which, if improperly
treated and released, could impact our water supplies and pose a serious
threat to public health. Hydraulic fracturing fluids cannot be adequate-
ly treated by conventional biological treatment methods. A small number
of publicly owned treatment works (POTW) employ chemical treatment meth-
ods for industrial waste; however, they are currently unable to safely
handle hydraulic fracturing fluid. This bill's three year ban on POTW
treatment of hydraulic fracturing fluid comes in response to uncertainty
expressed by experts in the field as to whether this waste can be prop-
erly treated and what technology is necessary to do it. The POTW ban
will ensure public safety and protect the environment while allowing the
Department of Environmental Conservation the necessary time to evaluate
best technology standards for POTWs.
LEGISLATIVE HISTORY:
2023-24: A.486 - Referred to Environmental Conservation; S.7336 -
Reported to Finance
2021-22: A.1404 - Referred to Environmental Conservation; S.2914 -
Referred to Energy and Telecommunications
2019-20: A.889 - Referred to Environmental Conservation; S.2351 -
Referred to Energy and Telecommunications
2017-18: A.4217 - Referred to Environmental Conservation; S.3908 -
Referred to Energy and Telecommunications
2015-16: A.750 - Referred to Environmental Conservation
2013-14: A.8463 - Referred to Environmental Conservation; 5.4658 -
Referred to Energy and Telecommunications
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
880
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL, LEVENBERG -- read once and referred to
the Committee on Environmental Conservation
AN ACT relating to wastewater treatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any contrary provision of law, no publicly
2 owned treatment works shall accept wastewater associated with the explo-
3 ration, delineation, development, or production of natural gas where
4 high-volume hydraulic fracturing is utilized.
5 § 2. A publicly owned treatment works may appeal to the department of
6 environmental conservation division of water for an exemption from
7 section one of this act if it can meet a standard of performance that
8 shall permit no discharge of pollutants, or if not feasible, shall
9 reflect the greatest degree of effluent reduction achievable through
10 application of the best available demonstrated control technology, proc-
11 esses, operating methods, or other alternatives.
12 § 3. For purposes of this act, "High-volume hydraulic fracturing" or
13 "(HVHF)" means hydraulic fracturing for natural gas extraction using
14 greater than 300,000 gallons of water regardless of whether the well is
15 vertical, directional or horizontal.
16 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03219-01-5
