Bill Text: NY A09842 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Bars permits from being issued for the siting of solid waste management facilities within one mile of schools.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2020-02-20 - referred to environmental conservation [A09842 Detail]

Download: New_York-2019-A09842-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9842

                   IN ASSEMBLY

                                    February 20, 2020
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN  ACT  to amend the environmental conservation law, in relation to the
          siting of solid waste management facilities near schools

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Paragraph  c of subdivision 2 of section 27-0707 of the
     2  environmental conservation law, as amended by chapter 70 of the laws  of
     3  1988, is amended to read as follows:
     4    c. that a permit will be issued only if:
     5    (1) the proposed facility will be in full compliance with the applica-
     6  ble  rules  and  regulations  in effect on the date of submission of the
     7  permit application; and
     8    (2) there has been opportunity for public review and comment at  rele-
     9  vant stages of the project planning process; and
    10    (3)  a determination has been made that the proposed facility will not
    11  result in unfair competition between municipalities and  scrap  dealers,
    12  processors and consumers; and
    13    (4)  the applicant has received or will receive the written opinion of
    14  counsel to each [muncipality] municipality or public authority which has
    15  entered into a contract, lease or rental  agreement  with  the  proposed
    16  facility  that such contract, lease or rental agreement is in compliance
    17  with the applicable  requirements  of  sections  one  hundred  one,  one
    18  hundred three and one hundred twenty-w of the general municipal law; and
    19    (5)  the  facility will not be sited within one mile of a public, non-
    20  public, charter or board of cooperative educational services  elementary
    21  or  secondary  school  or,  when  the  permit application relates to the
    22  proposed expansion of an existing facility, the facility is not  located
    23  within one mile of a public, non-public, charter or board of cooperative
    24  educational services elementary or secondary school.
    25    § 2.  This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15174-01-0