NY State Senate Bill S8109

Archive: Last 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

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S8109 - Details

Law Section:: Public Service Law
Laws Affected:: Amd §162, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S175, S2270

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

 
BILL NUMBER: S8109

SPONSOR: HELMING
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would exclude major electric generating facilities which
generate electricity from the combustion or pyrolysis of solid waste or
fuel derived from solid waste from an expedited power siting process.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraphs (c) and (d) of subdivision 4 of section 162 of the
public service law are amended to exclude major electric generating
facilities which generate electricity from the combustion or pyrolysis
of solid waste or fuel derived from solid waste from an expedited power
siting process.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

Construction of the largest trash incinerator in New York State is
proposed for the Finger Lakes region, under an expedited permitting
process for siting electricity generating facilities. This proposed
plant has been blocked by local zoning regulation and failed to receive
local permits, but the state siting law could preempt municipal law and
allow the plant to be constructed, if approved by the Public Service
Commission.

Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
bum waste materials, and at a higher cost. They also produce toxic ash
from burning a range of solid wastes which can vary widely in chemical
output, making compliance with emissions and toxic waste limits diffi-
cult. These facilities are effectively solid waste landfills which
contravene New York's goals to increase recycling rates, and should not
be a part of the state's streamlined power plant siting process.

Siting a trash incinerator in the Finger Lakes region, with the associ-
ated impacts of air and ash pollution, will damage the local tourism,
winery and agriculture industries. This legislation eliminates trash
incinerators from the expedited state siting process and ensures that
municipalities will have authority to decide, based on their own zoning
laws, if a trash incinerator project moves forward, or if it would cause
undue environmental and economic degradation following environmental
review. Critically, a full environmental review would be required under
the State Environmental Quality Review Act for any generation facility
that is not expedited.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

                      [ ] is old law to be omitted.
                                                           LBD14900-03-8

Co-Sponsors

S8109A - Details

Law Section:: Public Service Law
Laws Affected:: Amd §162, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S175, S2270

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

 
BILL NUMBER: S8109A

SPONSOR: HELMING
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would create a special act prohibiting a waste to energy
facility from receiving a certificate of compatibility and public need
or a negative declaration under the New York State Environmental Quality
Review Act (SEQRA) if certain criteria are met.

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits a waste to energy facility from receiving a certif-
icate of compatibility and public need or a negative declaration under

the New York State Environmental Quality Review Act (SEQRA) if the
following criteria are met: it poses a risk to the public health and
safety of a community within an environmentally sensitive area of the
state; and it is within 10 miles of a priority waterbody as designated
by the state as a critical source of drinking water and tourism driver
and as having vulnerabilities to harmful algal blooms; and is within a
thriving agriculture-tourism region serving as an economic engine with
over $1 billion of investment in the region and has created over 25,000
jobs; and there are existing state approved landfills or other solid
waste management facilities operating within a 50 mile radius of the
proposed site; and there is significant impact to the access roads
surrounding the proposed site; and it does not demonstrate a compelling
public purpose and the project can be located on an alternative site
that does not pose an environmental or economic threat to the region.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
burn waste materials, and at a higher cost. They also produce toxic ash
from burning a range of solid wastes which can vary widely in chemical
output, making compliance with emissions and toxic waste limits diffi-
cult. These facilities are effectively solid waste management facilities
which contravene New York's goals to increase recycling rates. These
types of facilities are different from other energy generating facili-
ties in that, through truck traffic, there is the importation of waste
on a daily basis.

Construction of the largest trash incinerator in New York State is
proposed for the Finger Lakes region, under an expedited permitting
process for siting electricity generating facilities. Siting a trash
incinerator in the Finger Lakes region, with the associated impacts of
air and ash pollution, will significantly damage the 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
NYS are located, this is an unacceptable area for a project of this
nature. Over 3 million tons of trash per year are located in this area
and the cumulative impact of adding more imported waste would have an
extremely negative effect on the public health and safety of the commu-
nity, the local businesses and the lakes.

This legislation would prohibit a waste to energy facility from receiv-
ing a certificate of compatibility and public need or a negative decla-
ration under the New York State Environmental Quality Review Act (SEQRA)
if the criteria listed above are met.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after February 1, 2018.

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.
                                                           LBD14900-08-8

S. 8109--A                          2

  f. It does not demonstrate a compelling public purpose; and
  g.  The  project  can  be located on an alternative site that does not
pose an environmental or economic threat to the region.
  § 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after February 1, 2018.

Co-Sponsors

S8109B (ACTIVE) - Details

Law Section:: Public Service Law
Laws Affected:: Amd §162, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S175, S2270

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

 
BILL NUMBER: S8109B

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to creating the "Finger Lakes community act of 2018"

 
PURPOSE:

This bill would prohibit a certificate of environmental compatibility
and public need from being issued for the construction or operation of a
new incineration facility if certain criteria are met.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes a legislative intent to protect the Finger Lakes
Region from the adverse effects of the siting of newly constructed
incineration facilities.

Section 2: Titles the legislation "Finger Lakes Community Preservation
Act of 2018."

Section 3: Sets out definitions for incineration facility and solid
waste management.

Section 4: Prohibits a waste to energy facility from receiving a certif-
icate of environmental compatibility and public need if certain criteria
are met. These criteria include: the incineration facility is within the
Oswego River/Finger Lakes Watershed; there is at least one landfill or
other solid waste management facility permitted by DEC and operating or
located within a 50 mile radius of the incineration facility; and the
incineration facility is within ten miles of a priority waterbody as
designated by DEC.

Section 5: Creates a severability clause.

Section 6: Establishes the effective date.

 
JUSTIFICATION:

Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
burn waste materials, and at a higher cost. They also produce toxic ash
from burning a range of solid wastes which can vary widely in chemical
output, making compliance with emissions and toxic waste limits diffi-
cult. These facilities are effectively solid waste landfills which
contravene New York's goals to increase recycling rates.

Construction of the largest trash incinerator in New York State is
proposed for the Finger Lakes region, under an expedited permitting
process for siting electricity generating facilities. Siting a trash
incinerator in the Finger Lakes region, with the associated impacts of
air and ash pollution, will significantly damage the local tourism,
winery and agriculture industries.

This legislation would prohibit a waste to energy facility from receiv-
ing a certificate of compatibility and public need if certain criteria
are met.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

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.

                                                           LBD14900-14-8

S. 8109--B                          2

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.
  §  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.

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The New York State Senate

senate Bill S8109

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 18, 2018 - floor Vote

Floor Vote: Jun 18, 2018

Jun 18, 2018 - Rules committee Vote

Committee Vote: Jun 18, 2018

Bill Amendments

Co-Sponsors

S8109 - Details

S8109 - Summary

S8109 - Sponsor Memo

S8109 - Bill Text download pdf

Co-Sponsors

S8109A - Details

S8109A - Summary

S8109A - Sponsor Memo

S8109A - Bill Text download pdf

Co-Sponsors

S8109B (ACTIVE) - Details

S8109B (ACTIVE) - Summary

S8109B (ACTIVE) - Sponsor Memo

S8109B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8109

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 18, 2018 - floor Vote

Floor Vote: Jun 18, 2018

Jun 18, 2018 - Rules committee Vote

Committee Vote: Jun 18, 2018

Bill Amendments

Co-Sponsors

S8109 - Details

S8109 - Summary

S8109 - Sponsor Memo

S8109 - Bill Text download pdf

Co-Sponsors

S8109A - Details

S8109A - Summary

S8109A - Sponsor Memo

S8109A - Bill Text download pdf

Co-Sponsors

S8109B (ACTIVE) - Details

S8109B (ACTIVE) - Summary

S8109B (ACTIVE) - Sponsor Memo

S8109B (ACTIVE) - Bill Text download pdf

Comments