New York Assembly Bill A04725

New York 2025-2026 Regular Session

• Introduced: 2/5/25
• Refer: 2/5/25
• Report Pass: 4/2/25
• Refer: 4/2/25
• Report Pass: 4/8/25

Caption

Prohibits the use of drilling fluids, brine and flowback water from gas or oil wells, pools, or fields on any highway for any purpose including but not limited to de-icing or dust suppression.

Summary

A04725 would amend the Environmental Conservation Law to direct the Department of Environmental Conservation to prohibit the use of drilling fluids, brine, and flowback water from wells, pools, or fields on any highway in New York State. The ban applies to any highway as defined in the Transportation Law and covers all uses, including de-icing, dust suppression, and any other purpose. In practical terms, the bill would end the use of oil- and gas-related waste fluids on roads and highways, a practice that can be used as a low-cost alternative to conventional road salt or dust control materials. The measure takes effect 180 days after becoming law and would shift highway maintenance practices away from these materials statewide.

Impact

The bill would add a new subdivision to ECL section 23-0305, expanding state environmental law to expressly bar the Department of Environmental Conservation from allowing drilling fluids, brine, and flowback water to be used on highways. It would affect state and local highway maintenance operations, road-salt alternatives, and any entities that currently supply or apply these materials for de-icing or dust suppression. The change would create a clear statewide prohibition rather than leaving the practice to agency discretion or local use.

Sentiment

The bill appears to have generally favorable support in the Assembly, as reflected by its movement through committee and final passage. It was approved by the Assembly Environmental Conservation Committee, then the Codes Committee, and passed the Assembly floor by a substantial margin. The vote pattern suggests broad agreement on restricting the use of drilling-related waste fluids on roads, though the recorded opposition indicates there is still some concern among members about the policy or its practical effects.

Contention

The main point of contention is likely the tradeoff between environmental/health concerns and the practical use of brine or flowback water as a cheaper road treatment or dust suppressant. Supporters appear to favor a categorical ban to prevent potential contamination and avoid using oil and gas waste products on public highways. Opponents, as reflected in the committee and floor votes, may be concerned about costs, availability of alternative materials, or the need for flexibility in highway maintenance.