Bill Text: NY S08109 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-18 - referred to energy [S08109 Detail]

Download: New_York-2017-S08109-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8109--A
                    IN SENATE
                                     March 29, 2018
                                       ___________
        Introduced  by Sens. HELMING, AVELLA, HAMILTON, O'MARA, ROBACH, YOUNG --
          read twice and ordered printed, and when printed to  be  committed  to
          the   Committee   on   Energy   and  Telecommunications  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to create a  prohibition  against  alternative  waste  to  energy
          facilities  that  apply  for  approvals  but that do not demonstrate a
          compelling public purpose  and  that  would  have  a  significant  and
          adverse environmental impact that cannot be mitigated
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Notwithstanding any law, rule or regulation to the  contra-
     2  ry,  no  major  electric generating facility which generates electricity
     3  from the combustion, gasification or pyrolysis of solid  waste  or  from
     4  fuel derived from solid waste can be issued a certificate of compatibil-
     5  ity and public need or receive a negative declaration under the New York
     6  State  Environmental  Quality Review Act process if any of the following
     7  criteria exist or are met:
     8    a. It poses a risk to the public health  and  safety  of  a  community
     9  within an environmentally sensitive area of the state; and
    10    b.  It is within 10 miles of a priority waterbody as designated by the
    11  state:
    12    (i) as a critical source of drinking water and tourism driver; and
    13    (ii) as having vulnerabilities to Harmful Algal Blooms; and
    14    c. Is within a thriving agriculture-tourism region in the state  serv-
    15  ing as an economic engine with over one billion dollars ($1,000,000,000)
    16  of investment in the region and has created over 25,000 jobs; and
    17    d.  There  are  existing state approved landfills or other solid waste
    18  management facilities operating within a 50 mile radius of the  proposed
    19  site; and
    20    e.  There  is a significant impact to the access roads surrounding the
    21  proposed site created by the additional traffic  and  transportation  of
    22  materials  associated with the proposed project as determined by munici-
    23  pal department of public works; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14900-08-8
        S. 8109--A                          2
     1    f. It does not demonstrate a compelling public purpose; and
     2    g.  The  project  can  be located on an alternative site that does not
     3  pose an environmental or economic threat to the region.
     4    § 2. This act shall take effect immediately and  shall  be  deemed  to
     5  have been in full force and effect on and after February 1, 2018.