NY State Senate Bill 2019-S175

Archive: Last Bill Status - Stricken

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to energy and telecommunications

co-Sponsors

2019-S175 (ACTIVE) - Details

Law Section:: Public Services
Versions Introduced in 2017-2018 Legislative Session:: S8109

2019-S175 (ACTIVE) - Summary

Creates the "Finger Lakes community act of 2019"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

2019-S175 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S175

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to creating the "Finger Lakes community act of 2019"

 
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 receiving a certificate of
compatibility and public need or a negative declaration under the New
York State Environmental Quality Review Act (SEQRA) if the criteria
listed above are met.

 
LEGISLATIVE HISTORY:

2018: S.8109-B passed Senate/A.11214 referred to Rules

 
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, 2019.

2019-S175 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    175
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  HELMING, O'MARA, ROBACH, SEPULVEDA, YOUNG -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Energy and Telecommunications
 
 AN ACT in relation to creating the "Finger Lakes community act of 2019"

   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 2019".
   § 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.
                                                            LBD04980-01-9

 S. 175                              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,  2019,  and
 shall not apply to any facility in operation as of such date.

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Senate Bill S175

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Archive: Last Bill Status - Stricken

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co-Sponsors

2019-S175 (ACTIVE) - Details

2019-S175 (ACTIVE) - Summary

2019-S175 (ACTIVE) - Sponsor Memo

2019-S175 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pamela Helming

Archive: Last Bill Status - Stricken

Actions

co-Sponsors

Thomas F. O'Mara

Joseph E. Robach

Luis R. Sepúlveda

Catharine Young

2019-S175 (ACTIVE) - Details

2019-S175 (ACTIVE) - Summary

2019-S175 (ACTIVE) - Sponsor Memo

2019-S175 (ACTIVE) - Bill Text download pdf

Comments