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Assembly Bill A9842

2019-2020 Legislative Session

Relates to the siting of solid waste management facilities near schools

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Archive: Last Bill Status - In Assembly Committee

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2019-A9842 (ACTIVE) - Details

See Senate Version of this Bill:
S7777
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-0707, En Con L
Versions Introduced in 2021-2022 Legislative Session:
A3029, S4101

2019-A9842 (ACTIVE) - Summary

Bars permits from being issued for the siting of solid waste management facilities within one mile of schools.

2019-A9842 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9842
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   siting of solid waste management facilities near schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    Paragraph  c of subdivision 2 of section 27-0707 of the
 environmental conservation law, as amended by chapter 70 of the laws  of
 1988, is amended to read as follows:
   c. that a permit will be issued only if:
   (1) the proposed facility will be in full compliance with the applica-
 ble  rules  and  regulations  in effect on the date of submission of the
 permit application; and
   (2) there has been opportunity for public review and comment at  rele-
 vant stages of the project planning process; and
   (3)  a determination has been made that the proposed facility will not
 result in unfair competition between municipalities and  scrap  dealers,
 processors and consumers; and
   (4)  the applicant has received or will receive the written opinion of
 counsel to each [muncipality] MUNICIPALITY or public authority which has
 entered into a contract, lease or rental  agreement  with  the  proposed
 facility  that such contract, lease or rental agreement is in compliance
 with the applicable  requirements  of  sections  one  hundred  one,  one
 hundred three and one hundred twenty-w of the general municipal law; AND
   (5)  THE  FACILITY WILL NOT BE SITED WITHIN ONE MILE OF A PUBLIC, NON-
 PUBLIC, CHARTER OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  ELEMENTARY
 OR  SECONDARY  SCHOOL  OR,  WHEN  THE  PERMIT APPLICATION RELATES TO THE
 PROPOSED EXPANSION OF AN EXISTING FACILITY, THE FACILITY IS NOT  LOCATED
 WITHIN ONE MILE OF A PUBLIC, NON-PUBLIC, CHARTER OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES ELEMENTARY OR SECONDARY SCHOOL.
   § 2.  This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15174-01-0

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