Senate Bill S8109B

2017-2018 Legislative Session

Creates the "Finger Lakes community act of 2018"

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2017-S8109 - Details

See Assembly Version of this Bill:
A11214
Current Committee:
Assembly Energy
Law Section:
Public Service Law
Versions Introduced in 2019-2020 Legislative Session:
S175, S2270, A5029

2017-S8109 - Summary

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

2017-S8109 - Sponsor Memo

2017-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.
   §  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
              

co-Sponsors

2017-S8109A - Details

See Assembly Version of this Bill:
A11214
Current Committee:
Assembly Energy
Law Section:
Public Service Law
Versions Introduced in 2019-2020 Legislative Session:
S175, S2270, A5029

2017-S8109A - Summary

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

2017-S8109A - Sponsor Memo

2017-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
              

co-Sponsors

2017-S8109B (ACTIVE) - Details

See Assembly Version of this Bill:
A11214
Current Committee:
Assembly Energy
Law Section:
Public Service Law
Versions Introduced in 2019-2020 Legislative Session:
S175, S2270, A5029

2017-S8109B (ACTIVE) - Summary

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

2017-S8109B (ACTIVE) - Sponsor Memo

2017-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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.