BILL NUMBER: S2706
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the use of drilling fluids and flowback water from wells,
pools or fields on any highway
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit waste water 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 waste water 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 is 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 re-use 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:
S.1538 of 2023-2024 (Hoylman-Sigal): Passed Senate
S.0355 of 2021-2022 (Hoylman): Vetoed by Governor
A.0903 of 2021-2022 (O'Donnell): Vetoed by Governor
S.1858-A of 2019-2020 (Hoylman): Died in Environmental Conservation
A.7933 of 2019-2020 (O'Donnel): Died on 3rd Reading
A.4720-A of 2017-2018)(Died on 3rd Reading)
A.4905 (2015-16)(Died on 3rd Reading)
A.3561 (2012-2014)(Died on 3rd Reading)
A.6913-A (2011-2012)(third reading)
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.

Statutes affected:
S2706: 23-0305 environmental conservation law