S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5818
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2013
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, COLTON -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation to regu-
         lation of landfill gas control flares
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "raptor protection act".
    3    S 2. Legislative intent. The legislature hereby finds  that  landfills
    4  are  frequently  a  source  of  food  for hawks, falcons, owls and other
    5  raptors.   Landfills often utilize  landfill  gas  control  flares  that
    6  consist of tall pipes with automatic igniters that burn the methane gas.
    7  Raptors  will  use these devices as perches or fly over the flares; when
    8  they ignite, raptors will suffer severe burns, melted beaks,  talons  or
    9  feathers,  or  even  death. Injured birds have been found throughout the
   10  United States.
   11    S 3. The environmental conservation law is amended  by  adding  a  new
   12  section 27-0709 to read as follows:
   13  S 27-0709.  REGULATION OF LANDFILL GAS CONTROL FLARES.
   14    1.  FOR  THE  PURPOSES OF THIS SECTION, "LANDFILL" MEANS A SOLID WASTE
   15  DISPOSAL FACILITY AT WHICH SOLID WASTE, OR ITS RESIDUE AFTER  TREATMENT,
   16  IS INTENTIONALLY PLACED AND AT WHICH WASTE SHALL REMAIN.
   17    2.  EVERY  LANDFILL  THAT UTILIZES LANDFILL GAS CONTROL FLARES TO BURN
   18  METHANE GAS SHALL BE REQUIRED TO INSTALL SAFER AND  TALLER  PERCHES  FOR
   19  RAPTORS AND ATTACH SPIKES TO ALL LANDFILL GAS CONTROL FLARES.
   20    3.  THE  DEPARTMENT  SHALL COOPERATE AND CONSULT WITH MANUFACTURERS OF
   21  LANDFILL GAS CONTROL FLARES TO  INCORPORATE  BIRD  DETERRENCE  INTO  THE
   22  DESIGN OF SUCH FLARES.
   23    S 4. This act shall take effect immediately, except that subdivision 2
   24  of  section  27-0709  of the environmental conservation law, as added by
   25  section three of this act, shall take effect on the one  hundred  eight-
   26  ieth day after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09474-01-3