NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11214
SPONSOR: Rules (Cusick)
TITLE OF BILL: An act in relation to creating the "Finger Lakes
community act of 2018"
PURPOSE OR GENERAL IDEA OF BILL:
Prohibit the siting of new incineration facilities in the Finger Lakes
SUMMARY OF PROVISIONS:
Section 1: Establishes a legislative intent to protect the Finger Lakes
Region from the adverse effects of the siting of newly constructed
Section 2: Titles the legislation "Finger Lakes Community Preservation
Act of 2018.
Section 3: Sets out definitions for incineration facility and solid
waste management facility.
Section 4: Prohibits an incineration facility from receiving a certif-
icate of environmental compatibility and public need if certain criteria
are met. These criteria include: the incineration facility is within the
Oswego River/Finger Lakes Watershed; there is at least one landfill or
other solid waste management facility permitted by DEC and operating or
located within a 50 mile radius of the incineration facility; and the
incineration facility is within ten miles of a priority waterbody as
designated by DEC.
Section 5: Creates a severability clause.
Section 6: Establishes the effective date.
Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
burn waste materials, and at a higher cost. They also produce toxic ash
from burning a range of solid wastes which can vary widely in chemical
output, making compliance with emissions and toxic waste limits diffi-
cult. These facilities are effectively solid waste landfills which
contravene New York's goals to increase recycling rates.
Construction of the largest trash incinerator in New York State is
proposed for the Finger Lakes region, under an expedited permitting
process for siting electricity generating facilities. Siting a trash
incinerator in the Finger Lakes region, with the associated impacts of
air and ash pollution, with significantly damage the local tourism,
winery and agriculture industries.
This legislation would prohibit incineration facilities from receiving a
certificate of environmental compatibility and public need and other
permits or certificates from the State if certain criteria are met.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after February 1, 2018, and shall not
apply to any facility in operation as of such date.
STATE OF NEW YORK
June 15, 2018
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
read once and referred to the Committee on Energy
AN ACT in relation to creating the "Finger Lakes community act of 2018"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. It is the intent of this Legislature to
2 protect the Finger Lakes region from the adverse effects of the siting
3 of newly constructed incineration facilities, including but not limited
4 to: air and ash pollution, the additional traffic on the public roads
5 and damage to local tourism, winery and agriculture industries as well
6 as the lakes and farmland throughout the area. In an area where three of
7 the largest landfills in New York State are located, over three million
8 tons of trash per year are imported into the Finger Lakes and the cumu-
9 lative impact of adding more imported waste for incineration would have
10 an extremely negative effect on the public health and safety of the
11 community, the local businesses and the lakes. The Finger Lakes region
12 is a thriving agriculture-tourism region in the state serving as an
13 economic engine with over one billion dollars ($1,000,000,000) of
14 investment in the region and has created over 25,000 jobs.
15 The Legislature hereby determines that the public interest requires a
16 prohibition on the siting of newly constructed incineration facilities
17 in the Finger Lakes region.
18 § 2. Short title. This act shall be known and may be cited as the
19 "Finger Lakes community preservation act of 2018".
20 § 3. Definitions. For the purposes of this act, the following terms
21 shall have the following meanings:
22 a. "Incineration facility" shall mean a facility which generates elec-
23 tricity from the combustion, gasification or pyrolysis of solid waste or
24 from fuel from solid waste, provided that such term shall not include
25 any facility constructed or in operation prior to the effective date of
26 this act.
27 b. "Solid waste management facility" has the meaning set forth for
28 such term in subdivision 2 of section 27-0701 of the environmental
29 conservation law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 11214 2
1 § 4. Permits and certificates. Notwithstanding any other law, rule or
2 regulation to the contrary, no certificate of environmental compatibili-
3 ty and public need shall be issued for the construction or operation of
4 a new incineration facility, and no application for such certificate
5 shall proceed for such a facility, and no permit or any other certif-
6 icate shall be issued or granted by the state to such a facility if all
7 of the following criteria exist or are met:
8 a. The incineration facility is within the Oswego River/Finger Lakes
10 b. There is at least one landfill or other solid waste management
11 facility permitted by the department of environmental conservation and
12 operating or located within a fifty mile radius of the incineration
14 c. The incineration facility is within 10 miles of a priority water-
15 body as designated by the department of environmental conservation,
16 pursuant to section 17-1407 of the environmental conservation law.
17 § 5. Severability. The provisions of this act shall be severable, and
18 if any clause, sentence, paragraph, subdivision or part of this act
19 shall be adjudged by any court of competent jurisdiction to be invalid,
20 such judgment shall not affect, impair or invalidate the remainder ther-
21 eof but shall be confined in its operation to the clause, sentence,
22 paragraph, subdivision or part thereof directly involved in the contro-
23 versy in which such judgment shall have been rendered.
24 § 6. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after February 1, 2018, and
26 shall not apply to any facility in operation as of such date.