S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          476
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting  transloading  of  certain waste at facilities in Richmond
         county
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 27-0309 to read as follows:
    3  S 27-0309. PROHIBITIONS ON  SOLID  WASTE,  TOXIC  WASTES  AND  HAZARDOUS
    4               WASTES; RICHMOND COUNTY.
    5    1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW AND EXCEPT AS PROVIDED
    6  IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, NEITHER THE CITY  OF  NEW
    7  YORK  NOR  ANYONE  AFFILIATED WITH SUCH CITY, SHALL ENGAGE IN THE TRANS-
    8  LOADING OF MUNICIPAL SOLID WASTES, TOXIC WASTES OR HAZARDOUS  WASTES  AT
    9  ANY  FACILITY  IN RICHMOND COUNTY, UNLESS SUCH WASTES ORIGINATE IN RICH-
   10  MOND COUNTY.
   11    2. THE CITY OF NEW YORK OR OTHER AUTHORIZED ENTITY MAY ENGAGE  IN  THE
   12  TRANSLOADING  OF  MUNICIPAL  SOLID  WASTES,  TOXIC  WASTES AND HAZARDOUS
   13  WASTES ONLY AFTER AN ENVIRONMENTAL IMPACT STUDY IS CONDUCTED IN  ACCORD-
   14  ANCE  WITH  THE  PROVISIONS  OF  ARTICLE EIGHT OF THIS CHAPTER. A PUBLIC
   15  HEARING  SHALL  BE  HELD  NOT  LATER  THAN  THIRTY  DAYS  FOLLOWING  THE
   16  COMPLETION OF SUCH STUDY.
   17    3.  THIS  SECTION  SHALL  NOT  APPLY  TO MUNICIPAL SOLID WASTES, TOXIC
   18  WASTES OR HAZARDOUS WASTES WHICH ARE RECEIVED AT A FACILITY IN  RICHMOND
   19  COUNTY  IN  A  CONTAINER  WHICH  IS SUBSEQUENTLY SHIPPED OUT OF RICHMOND
   20  COUNTY WITHOUT THE CONTAINER HAVING BEEN OPENED.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02998-01-9