senate Bill S8109B

2017-2018 Legislative Session

Creates the "Finger Lakes community act of 2018"

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 referred to energy
delivered to assembly
passed senate
ordered to third reading cal.1851
committee discharged and committed to rules
Jun 14, 2018 print number 8109b
Jun 14, 2018 amend (t) and recommit to energy and telecommunications
Jun 08, 2018 print number 8109a
Jun 08, 2018 amend (t) and recommit to energy and telecommunications
Mar 29, 2018 referred to energy and telecommunications

Co-Sponsors

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S8109 - Details

See Assembly Version of this Bill:
A11214
Law Section:
Public Service Law

S8109 - Summary

Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

S8109 - Sponsor Memo

S8109 - Bill Text download pdf

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

                                  8109

                            I N  S E N A T E

                             March 29, 2018
                               ___________

Introduced  by  Sens. HELMING, O'MARA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN ACT to amend the public service law, in relation to excluding garbage
  incinerators from the types of facilities eligible to use an expedited
  power plant siting process

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

  Section 1. Paragraphs (c) and (d) of subdivision 4 of section  162  of
the public service law, as added by chapter 388 of the laws of 2011, are
amended and a new paragraph (e) is added to read as follows:
  (c)  To  a major electric generating facility (i) constructed on lands
dedicated to industrial uses, (ii) the output of  which  shall  be  used
solely  for industrial purposes, on the premises, and (iii) the generat-
ing capacity of which does not exceed two  hundred  thousand  kilowatts;
[or]
  (d)  To  a  major  electric  generating  facility if, on or before the
effective date of the rules and regulations promulgated pursuant to this
article and section 19-0312 of the environmental  conservation  law,  an
application has been made for a license, permit, certificate, consent or
approval  from  any federal, state or local commission, agency, board or
regulatory body, in which application the location of the major electric
generating facility has been designated by  the  applicant;  or  if  the
facility is under construction at such time[.]; OR
  (E)  TO A MAJOR ELECTRIC GENERATING FACILITY WHICH GENERATES ELECTRIC-
ITY FROM THE COMBUSTION, GASIFICATION OR PYROLYSIS  OF  SOLID  WASTE  OR
FROM FUEL DERIVED FROM SOLID WASTE.
  S  2.  This  act  shall  take  effect  immediately, and shall apply to
proposed facilities or facilities for which a certificate has  not  been
issued by the New York state board on electric generation siting and the
environment  pursuant to section 162 of the public service law, notwith-
standing  any  pre-application  or  application  processes  pursuant  to
section  163  of  the  public service law, or any other precertification
actions, reviews, or decisions by such siting board.

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

Co-Sponsors

view additional co-sponsors

S8109A - Details

See Assembly Version of this Bill:
A11214
Law Section:
Public Service Law

S8109A - Summary

Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

S8109A - Sponsor Memo

S8109A - Bill Text download pdf

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

                                 8109--A

                            I N  S E N A T E

                             March 29, 2018
                               ___________

Introduced  by Sens. HELMING, AVELLA, HAMILTON, O'MARA, ROBACH, YOUNG --
  read twice and ordered printed, and when printed to  be  committed  to
  the   Committee   on   Energy   and  Telecommunications  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to create a  prohibition  against  alternative  waste  to  energy
  facilities  that  apply  for  approvals  but that do not demonstrate a
  compelling public purpose  and  that  would  have  a  significant  and
  adverse environmental impact that cannot be mitigated

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

  Section 1. Notwithstanding any law, rule or regulation to the  contra-
ry,  no  major  electric generating facility which generates electricity
from the combustion, gasification or pyrolysis of solid  waste  or  from
fuel derived from solid waste can be issued a certificate of compatibil-
ity and public need or receive a negative declaration under the New York
State  Environmental  Quality Review Act process if any of the following
criteria exist or are met:
  a. It poses a risk to the public health  and  safety  of  a  community
within an environmentally sensitive area of the state; and
  b.  It is within 10 miles of a priority waterbody as designated by the
state:
  (i) as a critical source of drinking water and tourism driver; and
  (ii) as having vulnerabilities to Harmful Algal Blooms; and
  c. Is within a thriving agriculture-tourism region in the state  serv-
ing 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; and
  d.  There  are  existing state approved landfills or other solid waste
management facilities operating within a 50 mile radius of the  proposed
site; and
  e.  There  is a significant impact to the access roads surrounding the
proposed site created by the additional traffic  and  transportation  of
materials  associated with the proposed project as determined by munici-
pal department of public works; and

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

Co-Sponsors

view additional co-sponsors

S8109B (ACTIVE) - Details

See Assembly Version of this Bill:
A11214
Law Section:
Public Service Law

S8109B (ACTIVE) - Summary

Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

S8109B (ACTIVE) - Sponsor Memo

S8109B (ACTIVE) - Bill Text download pdf

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

                                 8109--B

                            I N  S E N A T E

                             March 29, 2018
                               ___________

Introduced  by Sens. HELMING, AVELLA, HAMILTON, O'MARA, ROBACH, YOUNG --
  read twice and ordered printed, and when printed to  be  committed  to
  the   Committee   on   Energy   and  Telecommunications  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"Finger Lakes community preservation act of 2018".
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14900-14-8

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