BILL NUMBER: S9635
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the use of drilling fluids, brine and flowback water from
gas or oil wells, pools, or fields on any highway
 
PURPOSE:
This bill would prohibit wastewater 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 PROVISIONS:
Section one of the bill amends the Environmental Conservation Law
("ECL")
Section 23-0305 to add a new subdivision 15, which prohibits the use of
flowback water on highways.
Section 2 provides the effective date.
 
JUSTIFICATION:
The hydraulic fracturing process for extracting natural gas, generally
referred to as hydrofracking, generates wastewater containing 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, mora-
toriums, and administrative and/or legislative oversight and regulation,
a separate concern about possible reuse 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. Unfortu-
nately, these uses also result in runoff that can contaminate groundwa-
ter. This bill, therefore, would ban the use of wastewater from hydro-
fracking on public roads in New York.
 
PRIOR LEGISLATIVE HISTORY:
S.2076B/A4725-B of 2025-2026 (Hoylman-Sigal): Vetoed by Governor
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'Donnell): 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 law.

Statutes affected:
S9635: 23-0305 environmental conservation law