The New York State Senate

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

                                 5029--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2019
                               ___________

Introduced  by M. of A. CUSICK, LIFTON, PALMESANO, KOLB, WOERNER, LUPAR-
  DO, THIELE, GLICK, FINCH -- read once and referred to the Committee on
  Energy -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT in relation to creating the "Finger Lakes community preservation
  act"

  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".
  §  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

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

                                                           LBD04980-02-9

A. 5029--A                          2

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.
  §  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.