STATE OF NEW YORK
________________________________________________________________________
2541
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, COLTON -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regu-
lation of landfill gas control flares
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "raptor protection act".
3 § 2. Legislative intent. The legislature hereby finds that landfills
4 are frequently a source of food for hawks, falcons, owls and other
5 raptors. Landfills often utilize landfill gas control flares that
6 consist of tall pipes with automatic igniters that burn the methane gas.
7 Raptors will use these devices as perches or fly over the flares; when
8 they ignite, raptors will suffer severe burns, melted beaks, talons or
9 feathers, or even death. Injured birds have been found throughout the
10 United States.
11 § 3. The environmental conservation law is amended by adding a new
12 section 27-0709 to read as follows:
13 § 27-0709. Regulation of landfill gas control flares.
14 1. For the purposes of this section, "landfill" means a solid waste
15 disposal facility at which solid waste, or its residue after treatment,
16 is intentionally placed and at which waste shall remain.
17 2. Every landfill that utilizes landfill gas control flares to burn
18 methane gas shall be required to install safer and taller perches for
19 raptors and attach spikes to all landfill gas control flares.
20 3. The department shall cooperate and consult with manufacturers of
21 landfill gas control flares to incorporate bird deterrence into the
22 design of such flares.
23 § 4. This act shall take effect immediately, except that subdivision 2
24 of section 27-0709 of the environmental conservation law, as added by
25 section three of this act, shall take effect on the one hundred eight-
26 ieth day after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06910-01-9
