NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6113
SPONSOR: Borelli (MS) TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
municipal solid and regulated medical waste incineration facilities
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that waste to energy facilities do
not burn, incinerate, or otherwise defile the remains of any decedent or
human biological matter for the purpose of producing energy.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend Section 19-0306 of the environmental conservation
law by adding a new subdivision 8 to read as follows:
8. (a) It shall not be lawful for any person operating or employed by a
municipal solid or regulated medical waste incineration facility, as
defined by this section, to burn, incinerate, or otherwise defile the
remains of any decedent or any human biological matter for the purpose
of producing energy.
(b) "Decedent" means a deceased individual of any age and includes a
stillborn infant and a fetus at any stage of development, regardless of
the cause of death.
(c) The commissioner shall have the power to enforce the provisions of
this subdivision.
(d) Any person who violates, disobeys, or disregards any term of this
subdivision shall be liable to the people of the state for a civil
penalty, to be assessed by the commissioner, not to exceed one thousand
dollars for the first violation, two thousand five hundred dollars for
the second violation, and five thousand dollars for the third and subse-
quent violations.
JUSTIFICATION:
This legislation codifies the respect we have for the dead, and for our
fellow human beings, by closing a loophole that allows waste to energy
facilities to use the remains of human beings as a fuel source.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
STATE OF NEW YORK
________________________________________________________________________
6113
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
Introduced by M. of A. BORELLI -- Multi-Sponsored by -- M. of A. CERETTO
-- read once and referred to the Committee on Environmental Conserva-
tion
AN ACT to amend the environmental conservation law, in relation to
municipal solid and regulated medical waste incineration facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 19-0306 of the environmental conservation law is
2 amended by adding a new subdivision 8 to read as follows:
3 8. a. It shall be unlawful for any municipal solid or regulated
4 medical waste incineration facility, as defined by this section, to
5 burn, incinerate or otherwise defile the remains of any decedent or any
6 other recognizable human body part for the purpose of producing energy.
7 b. "Decedent" means a deceased individual of any age and includes a
8 stillborn infant or a fetus at any stage of development regardless of
9 the cause of death.
10 c. The commissioner in conjunction with the commissioner of the
11 department of health shall have the power to enforce the provisions of
12 this subdivision.
13 d. Any municipal solid or regulated medical waste incineration facili-
14 ty that knowingly violates, disobeys, or disregards any term of this
15 subdivision shall be liable to the people of the state for a civil
16 penalty, to be assessed by the commissioner, not to exceed one thousand
17 dollars for the first violation, two thousand five hundred dollars for
18 the second violation, and five thousand dollars for the third and subse-
19 quent violations.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05834-01-5
