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Assembly approves ban on oil-and-gas well wastewater for road use
Summary
The Assembly passed legislation to bar use of drilling fluids, brine and flowback water from oil and gas wells on highways, after supporters said the materials pose public-health risks and opponents warned of costs to local governments and reliance on Department of Environmental Conservation permits.
The New York State Assembly on Thursday approved a bill prohibiting the use of oil- and gas-well drilling fluids, brine and flowback water on any highway purpose, including deicing and dust control, the sponsor said.
Sponsor explanation and vote
"This bill would amend section 23‑0305 of the Environmental Conservation Law to require the Department of Environmental Conservation to prohibit the use of oil and gas drilling fluids, brine, and flow back water on any highway for any purpose, including but not limited to deicing and dust suppression," Assemblyman Burdick, the bill sponsor, told the chamber during debate. The Assembly recorded the final vote as: Ayes, 96; Nos, 46. The bill passed.
Why supporters said the bill is needed
Supporters said the bill closes a regulatory gap that lets wastewater from out‑of‑state fracking operations be used on New York roads under DEC's "beneficial use" determinations. "The concern that we have is that we have really a loophole here, and that loophole needs to be closed, and that's the intention of this legislation," Burdick said during questioning. He and other backers cited studies and advocacy group reports raising concerns about heavy metals, benzene and naturally occurring radioactive materials in some fracking wastewater.
Opposition and cost questions
Opponents said DEC already regulates such uses and warned a ban could impose new costs on local governments that rely on economical brines for winter and summer road maintenance. "We have an agency that has expertise ... that can look at these things," Representative Simpson said in opposition, urging more testing by DEC rather than a broad statutory prohibition. Several local‑government representatives and legislators said the bill could create an unfunded mandate for towns and counties.
Implementation and technical clarifications
During floor questioning, Burdick and others narrowed the bill in debate to target wastewater produced by oil and gas wells (fracking waste) and not to restrict naturally occurring saline solutions from solution mining or other non‑oil‑and‑gas sources. The sponsor said DEC's current beneficial‑use program does not test for every contaminant (for example, radium), and the bill aims to avoid putting water that "contains carcinogenic and radioactive materials" on roadways.
What the bill does and next steps
The legislation amends the Environmental Conservation Law to bar the use on highways of fluids described in the bill when those fluids originate from oil and gas well operations; it excludes naturally occurring saline sources that DEC already permits in some circumstances. Supporters said the change will protect drinking water and surface water runoff from contamination; opponents said DEC's review process and the availability of alternatives make regulation a better first step.
Ending note
Proponents said alternatives such as beet‑juice brines and other locally produced solutions exist, and urged development of those options. Opponents urged greater DEC testing and said municipalities need transition planning to avoid sudden cost increases.
