NY State Senate Bill 2019-S2270

Senate Bill S2270

Signed By Governor

2019-2020 Legislative Session

Creates the "Finger Lakes community preservation act"

download bill text pdf

Archive: Last Bill Status Via A5029 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2019	signed chap.32 delivered to governor
Mar 20, 2019	returned to assembly passed senate 3rd reading cal.169 substituted for s2270a
Mar 20, 2019	substituted by a5029a
Mar 04, 2019	advanced to third reading
Feb 28, 2019	2nd report cal. amended (t) 2270a
Feb 27, 2019	1st report cal.169
Jan 23, 2019	referred to energy and telecommunications

Votes

- Mar 20, 2019 - Floor Vote
  A5029
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 20, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Feb 27, 2019 - Energy And Telecommunications Committee Vote
  S2270
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 27, 2019
      
      aye (9)
      
      Carlucci
      
      Funke
      
      Harckham
      
      Kavanagh
      
      Kennedy
      
      Metzger
      
      Ortt
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S2270 - Details

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

2019-S2270 - Summary

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

2019-S2270 - Sponsor Memo

                                
 
BILL NUMBER: S2270

SPONSOR: MAY
 
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 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:

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-S2270 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2270
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by Sens. MAY, HELMING -- read twice and ordered printed, and
   when printed to be committed to the Committee on Energy and Telecommu-
   nications
 
 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. 2270                             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.

co-Sponsors

View additional co-sponsors

2019-S2270A (ACTIVE) - Details

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

2019-S2270A (ACTIVE) - Summary

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

2019-S2270A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2270A

SPONSOR: MAY
 
TITLE OF BILL:  An act in relation to creating the "Finger Lakes
community preservation act"

 
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.

**The amendments to this bill move the effective date back a year to
February 1, 2018, ensure that the bill shall not apply to any facility
in operation as of that date, and take the year 2019 out of the title of
the act so that it now reads "Finger Lakes community preservation act".

 
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, 2018 and shall not
apply to any facility in operation as of such date.

2019-S2270A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2270--A
     Cal. No. 169
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sens. MAY, HELMING, FUNKE, HOYLMAN, O'MARA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Energy and  Telecommunications  --  reported  favorably  from  said
   committee,  ordered  to first report, amended on first report, ordered
   to a second report and ordered reprinted, retaining its place  in  the
   order of second report
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04980-03-9

 S. 2270--A                          2
 
   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
 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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Senate Bill S2270

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Sponsored By

Archive: Last Bill Status Via A5029 - Signed by Governor

Bill Amendments

co-Sponsors

2019-S2270 - Details

2019-S2270 - Summary

2019-S2270 - Sponsor Memo

2019-S2270 - Bill Text download pdf

co-Sponsors

2019-S2270A (ACTIVE) - Details

2019-S2270A (ACTIVE) - Summary

2019-S2270A (ACTIVE) - Sponsor Memo

2019-S2270A (ACTIVE) - Bill Text download pdf

Comments