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A10490 Summary:

Add 27-0721, En Con L
Prohibits marine solid waste transfer stations from being located near public housing projects.
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A10490 Actions:

04/30/2018referred to environmental conservation
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A10490 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Seawright
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting marine solid waste transfer stations located in proximity to public housing projects in certain cases   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the construction, location, relocation, or reactivation of marine putrescible or non-putrescible sold waste transfer stations or facilities within 800 feet of public housing projects in cities of one million or more.   SUMMARY OF PROVISIONS: Prohibits the DEC or local agencies from issuing permits which would allow the siting of a marine transfer station within 800 feet of a hous- ing project.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: It is well established that economically under-served neighborhoods have higher asthma rates. For example, East Harlem, which has been called the "asthma capital of New York," has the dubious distinction of claiming an asthma hospitalization rate that is at five times the City average according to a 1999 study by Mt. Sinai Hospital one of the highest rates in the nation. The New York City Department of Health confirms these alarming numbers, reporting that East Harlem has the highest rate of child hospitalization for asthma and other respiratory ailments in all of New York City. Many well-documented studies link air pollution to asthma attacks and other respiratory problems. Traffic, particularly truck traffic, is a major contributing factor to this type of pollution. Many of these same neighborhoods that have high rates of asthma also are more likely to include a greater number of public housing developments, the last bastion of truly affordable housing for low-income New Yorkers in the city. It is important that we ensure that the locating of waste transfer facilities does not unfairly impact economically disadvantaged neighborhoods, specifically public housing developments, which are also often communities of color. Having garbage trucks that spew noxious fumes and leak trash driving past your home all day every day is an undue burden that low-income residents of public housing, who struggle to provide for their families, should not be saddled with.   PRIOR LEGISLATIVE HISTORY: Old Bill of 2015-2016: A5903/S2556   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Unknown.   EFFECTIVE DATE: This act shall take effect immediately.
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A10490 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 30, 2018
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  marine solid waste transfer stations located in proximity
          to public housing projects in certain cases
          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 27-0721 to read as follows:
     3  § 27-0721. Marine solid waste transfer station or facilities.
     4    Notwithstanding any inconsistent provision of state or  local  law  or
     5  regulation,  neither  the department nor any local agency, department or
     6  authority shall issue a permit, regulation, or renew a permit or approve
     7  an application for the expansion, construction, relocation, reactivation
     8  or operation of a marine solid waste transfer station or facility  in  a
     9  city  with  a  population of one million or more, where any part of such
    10  station or facility is to be located within  eight  hundred  feet  of  a
    11  housing  project  as the term project is defined in subdivision fourteen
    12  of section three of the public housing law.
    13    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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