S T A T E O F N E W Y O R K
________________________________________________________________________
1226
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regu-
lation of landfill gas control flares
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "raptor protection act".
§ 2. Legislative intent. The legislature hereby finds that landfills
are frequently a source of food for hawks, falcons, owls and other
raptors. Landfills often utilize landfill gas control flares that
consist of tall pipes with automatic igniters that burn the methane gas.
Raptors will use these devices as perches or fly over the flares; when
they ignite, raptors will suffer severe burns, melted beaks, talons or
feathers, or even death. Injured birds have been found throughout the
United States.
§ 3. The environmental conservation law is amended by adding a new
section 27-0709 to read as follows:
§ 27-0709. REGULATION OF LANDFILL GAS CONTROL FLARES.
1. FOR THE PURPOSES OF THIS SECTION, "LANDFILL" MEANS A SOLID WASTE
DISPOSAL FACILITY AT WHICH SOLID WASTE, OR ITS RESIDUE AFTER TREATMENT,
IS INTENTIONALLY PLACED AND AT WHICH WASTE SHALL REMAIN.
2. EVERY LANDFILL THAT UTILIZES LANDFILL GAS CONTROL FLARES TO BURN
METHANE GAS SHALL BE REQUIRED TO INSTALL SAFER AND TALLER PERCHES FOR
RAPTORS AND ATTACH SPIKES TO ALL LANDFILL GAS CONTROL FLARES.
3. THE DEPARTMENT SHALL COOPERATE AND CONSULT WITH MANUFACTURERS OF
LANDFILL GAS CONTROL FLARES TO INCORPORATE BIRD DETERRENCE INTO THE
DESIGN OF SUCH FLARES.
§ 4. This act shall take effect immediately, except that subdivision 2
of section 27-0709 of the environmental conservation law, as added by
section three of this act, shall take effect on the one hundred eight-
ieth day after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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