Assembly Bill A4823

2013-2014 Legislative Session

Limits medical waste treatment facilities construction, prohibits issuance of permits to facilities, provides for annual review of permits issued to previously-existing facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A4823 (ACTIVE) - Details

See Senate Version of this Bill:
S706
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1517, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4445, S2616
2011-2012: A4369, S1718
2015-2016: A6401, S4044
2017-2018: A247

2013-A4823 (ACTIVE) - Summary

Prohibits the establishment or conversion of medical waste treatment, storage, transfer or disposal facilities in any area of the state not zoned for such uses; prohibits the issuance of permits to such facilities; provides for the annual review of permits issued to previously-existing medical waste treatment, storage, transfer or disposal facilities located in areas not zoned for such use.

2013-A4823 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4823

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. PERRY, JAFFEE, COLTON -- Multi-Sponsored by -- M.
  of  A. ROBINSON, SCARBOROUGH, SCHIMEL -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  establishment  or conversion of medical waste treat-
  ment, storage, transfer or disposal facilities within one-half mile of
  any residential area, prohibiting the  issuance  of  permits  to  such
  facilities,  and  providing for the annual review of permits issued to
  previously-existing medical  waste  treatment,  storage,  transfer  or
  disposal facilities located within one mile of any residential area

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 27-1517 of the environmental  conservation  law  is
amended by adding a new subdivision 4 to read as follows:
  4.  A.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY:  (I) NO
FACILITY  PROVIDING  FOR  THE  STORAGE,  TRANSPORTATION,  TREATMENT   OR
DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE CONSTRUCTED WITHIN ANY AREA
WITHIN  THE STATE WHERE LOCAL ZONING LAWS PROHIBIT THE OPERATION OF SUCH
FACILITY OR IN ANY AREA WHICH IS WITHIN ONE-HALF MILE OF  A  RESIDENTIAL
AREA LOCATED WITHIN THE STATE; AND
  (II)  NO EXISTING FACILITY LOCATED WITHIN THE STATE SHALL BE CONVERTED
TO A FACILITY PROVIDING FOR THE STORAGE,  TRANSPORTATION,  TREATMENT  OR
DISPOSAL OF REGULATED MEDICAL WASTE UNLESS THE FACILITY IS LOCATED IN AN
AREA  WHERE  LOCAL ZONING LAWS PERMIT THE OPERATION OF SUCH FACILITY AND
SUCH AREA IS NOT WITHIN ONE-HALF MILE  OF  A  RESIDENTIAL  AREA  LOCATED
WITHIN THE STATE.
  B.  NO  PERMIT  AUTHORIZING  THE STORAGE, TRANSPORTATION, TREATMENT OR
DISPOSAL OF REGULATED MEDICAL WASTE SHALL  BE  ISSUED  TO  ANY  FACILITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION BY THE DEPARTMENT OR BY ANY
REGIONAL,  DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF HEALTH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00052-01-3

              

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