A11214 Summary:

BILL NOA11214
 
SAME ASSAME AS S08109-B
 
SPONSORRules (Cusick)
 
COSPNSRLifton, Woerner, Lupardo, Kolb, Palmesano, Thiele, Glick, Finch
 
MLTSPNSR
 
 
Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.
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A11214 Actions:

BILL NOA11214
 
06/15/2018referred to energy
06/18/2018reference changed to ways and means
06/19/2018reported referred to rules
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A11214 Committee Votes:

WAYS AND MEANS Chair:Weinstein DATE:06/19/2018AYE/NAY:30/0 Action: Favorable refer to committee Rules
WeinsteinAyeOaksAye
LentolAyeCrouchAye
SchimmingerAbsentBarclayAye
GanttExcusedFitzpatrickAye
GlickAyeHawleyAye
NolanAyeMalliotakisAye
PretlowAyeWalterAye
PerryExcusedMontesanoAye
ColtonAyeCurranAye
CookAyeRaAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAbsent
BraunsteinAbsent
McDonaldAye
RozicAye
Peoples-StokesAye
SimotasAye

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A11214 Memo:

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 region.   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 incineration facilities. 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.   JUSTIFICATION: 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.   EFFECTIVE DATE: 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.
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A11214 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11214
 
                   IN ASSEMBLY
 
                                      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.
                                                                   LBD14900-13-8

        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
     9  Watershed.
    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
    13  facility.
    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.
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