The New York State Senate

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

                                  11214

                          I N  A S S E M B L Y

                              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:

  Section 1. Legislative intent. It is the intent of this Legislature to
protect  the  Finger Lakes region from the adverse effects of the siting
of newly constructed incineration facilities, including but not  limited
to:  air  and  ash pollution, the additional traffic on the public roads
and damage to local tourism, winery and agriculture industries  as  well
as the lakes and farmland throughout the area. In an area where three of
the  largest landfills in New York State are located, over three million
tons of trash per year are imported into the Finger Lakes and the  cumu-
lative  impact of adding more imported waste for incineration would have
an extremely negative effect on the public  health  and  safety  of  the
community,  the  local businesses and the lakes. The Finger Lakes region
is a thriving agriculture-tourism region in  the  state  serving  as  an
economic  engine  with  over  one  billion  dollars  ($1,000,000,000) of
investment in the region and has created over 25,000 jobs.
  The Legislature hereby determines that the public interest requires  a
prohibition  on  the siting of newly constructed incineration facilities
in the Finger Lakes region.
  § 2. Short title. This act shall be known and  may  be  cited  as  the
"Finger Lakes community preservation act of 2018".
  §  3.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:
  a. "Incineration facility" shall mean a facility which generates elec-
tricity from the combustion, gasification or pyrolysis of solid waste or
from fuel from solid waste, provided that such term  shall  not  include
any  facility constructed or in operation prior to the effective date of
this act.
  b. "Solid waste management facility" has the  meaning  set  forth  for
such  term  in  subdivision  2  of  section 27-0701 of the environmental
conservation law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14900-13-8

A. 11214                            2

  § 4. Permits and certificates. Notwithstanding any other law, rule  or
regulation to the contrary, no certificate of environmental compatibili-
ty  and public need shall be issued for the construction or operation of
a new incineration facility, and no  application  for  such  certificate
shall  proceed  for  such a facility, and no permit or any other certif-
icate shall be issued or granted by the state to such a facility if  all
of the following criteria exist or are met:
  a.  The  incineration facility is within the Oswego River/Finger Lakes
Watershed.
  b. There is at least one landfill  or  other  solid  waste  management
facility  permitted  by the department of environmental conservation and
operating or located within a fifty  mile  radius  of  the  incineration
facility.
  c.  The  incineration facility is within 10 miles of a priority water-
body as designated by  the  department  of  environmental  conservation,
pursuant to section 17-1407 of the environmental conservation law.
  §  5. Severability. The provisions of this act shall be severable, and
if any clause, sentence, paragraph, subdivision  or  part  of  this  act
shall  be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  subdivision or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered.
  § 6. 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.