Assembly Bill A2404

2017-2018 Legislative Session

Provides for the regulation of landfill methane gas control flares for the protection of raptors

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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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2017-A2404 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8203
2011-2012: A5555
2013-2014: A5818
2015-2016: A3289
2019-2020: A2541
2021-2022: A4100
2023-2024: A3994

2017-A2404 (ACTIVE) - Summary

Provides for the regulation of landfill methane gas control flares for the protection of raptors.

2017-A2404 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2404
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, COLTON -- 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

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