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Assembly Bill A3289

2015-2016 Legislative Session

Provides for the regulation of landfill methane gas control flares for the protection of raptors

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Archive: Last Bill Status - In Assembly Committee

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2015-A3289 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง27-0709, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8203
2011-2012: A5555
2013-2014: A5818
2017-2018: A2404
2019-2020: A2541
2021-2022: A4100
2023-2024: A3994
2025-2026: A1226

2015-A3289 (ACTIVE) - Summary

Provides for the regulation of landfill methane gas control flares for the protection of raptors.

2015-A3289 (ACTIVE) - Bill Text download pdf 

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

                                  3289

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "raptor protection act".
  S 2. Legislative intent. The legislature hereby finds  that  landfills
are  frequently  a  source  of  food  for hawks, falcons, owls and other
raptors.   Landfills often utilize  landfill  gas  control  flares  that
consist of tall pipes with automatic igniters that burn the methane gas.
Raptors  will  use these devices as perches or fly over the flares; when
they ignite, raptors will suffer severe burns, melted beaks,  talons  or
feathers,  or  even  death. Injured birds have been found throughout the
United States.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 27-0709 to read as follows:
S 27-0709.  REGULATION OF LANDFILL GAS CONTROL FLARES.
  1.  FOR  THE  PURPOSES OF THIS SECTION, "LANDFILL" MEANS A SOLID WASTE
DISPOSAL FACILITY AT WHICH SOLID WASTE, OR ITS RESIDUE AFTER  TREATMENT,
IS INTENTIONALLY PLACED AND AT WHICH WASTE SHALL REMAIN.
  2.  EVERY  LANDFILL  THAT UTILIZES LANDFILL GAS CONTROL FLARES TO BURN
METHANE GAS SHALL BE REQUIRED TO INSTALL SAFER AND  TALLER  PERCHES  FOR
RAPTORS AND ATTACH SPIKES TO ALL LANDFILL GAS CONTROL FLARES.
  3.  THE  DEPARTMENT  SHALL COOPERATE AND CONSULT WITH MANUFACTURERS OF
LANDFILL GAS CONTROL FLARES TO  INCORPORATE  BIRD  DETERRENCE  INTO  THE
DESIGN OF SUCH FLARES.
  S 4. This act shall take effect immediately, except that subdivision 2
of  section  27-0709  of the environmental conservation law, as added by
section three of this act, shall take effect on the one  hundred  eight-
ieth day after such effective date.

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

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