NY State Senate Bill 2017-S8109

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to energy delivered to assembly passed senate ordered to third reading cal.1851 committee discharged and committed to rules
Jun 14, 2018	print number 8109b
Jun 14, 2018	amend (t) and recommit to energy and telecommunications
Jun 08, 2018	print number 8109a
Jun 08, 2018	amend (t) and recommit to energy and telecommunications
Mar 29, 2018	referred to energy and telecommunications

Votes

- Jun 18, 2018 - Floor Vote
  S8109
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 18, 2018 - Rules Committee Vote
  S8109
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Gianaris
      
      Griffo

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2017-S8109 - Details

Current Committee:: Assembly Energy
Law Section:: Public Service Law
Laws Affected:: Amd §162, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S175, S2270

2017-S8109 - Summary

Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

2017-S8109 - Sponsor Memo

                                
 
BILL NUMBER: S8109

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the public service law, in relation to
excluding garbage incinerators from the types of facilities eligible to
use an expedited power plant siting process

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would exclude major electric generating facilities which
generate electricity from the combustion or pyrolysis of solid waste or
fuel derived from solid waste from an expedited power siting process.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraphs (c) and (d) of subdivision 4 of section 162 of the
public service law are amended to exclude major electric generating
facilities which generate electricity from the combustion or pyrolysis
of solid waste or fuel derived from solid waste from an expedited power
siting process.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

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. This proposed
plant has been blocked by local zoning regulation and failed to receive
local permits, but the state siting law could preempt municipal law and
allow the plant to be constructed, if approved by the Public Service
Commission.

Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
bum 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 landfills which
contravene New York's goals to increase recycling rates, and should not
be a part of the state's streamlined power plant siting process.

Siting a trash incinerator in the Finger Lakes region, with the associ-
ated impacts of air and ash pollution, will damage the local tourism,
winery and agriculture industries. This legislation eliminates trash
incinerators from the expedited state siting process and ensures that
municipalities will have authority to decide, based on their own zoning
laws, if a trash incinerator project moves forward, or if it would cause
undue environmental and economic degradation following environmental
review. Critically, a full environmental review would be required under
the State Environmental Quality Review Act for any generation facility
that is not expedited.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8109 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8109
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by  Sens. HELMING, O'MARA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications
 
 AN ACT to amend the public service law, in relation to excluding garbage
   incinerators from the types of facilities eligible to use an expedited
   power plant siting process

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (c) and (d) of subdivision 4 of section  162  of
 the public service law, as added by chapter 388 of the laws of 2011, are
 amended and a new paragraph (e) is added to read as follows:
   (c)  To  a major electric generating facility (i) constructed on lands
 dedicated to industrial uses, (ii) the output of  which  shall  be  used
 solely  for industrial purposes, on the premises, and (iii) the generat-
 ing capacity of which does not exceed two  hundred  thousand  kilowatts;
 [or]
   (d)  To  a  major  electric  generating  facility if, on or before the
 effective date of the rules and regulations promulgated pursuant to this
 article and section 19-0312 of the environmental  conservation  law,  an
 application has been made for a license, permit, certificate, consent or
 approval  from  any federal, state or local commission, agency, board or
 regulatory body, in which application the location of the major electric
 generating facility has been designated by  the  applicant;  or  if  the
 facility is under construction at such time[.]; OR
   (E)  TO A MAJOR ELECTRIC GENERATING FACILITY WHICH GENERATES ELECTRIC-
 ITY FROM THE COMBUSTION, GASIFICATION OR PYROLYSIS  OF  SOLID  WASTE  OR
 FROM FUEL DERIVED FROM SOLID WASTE.
   §  2.  This  act  shall  take  effect  immediately, and shall apply to
 proposed facilities or facilities for which a certificate has  not  been
 issued by the New York state board on electric generation siting and the
 environment  pursuant to section 162 of the public service law, notwith-
 standing  any  pre-application  or  application  processes  pursuant  to
 section  163  of  the  public service law, or any other precertification
 actions, reviews, or decisions by such siting board.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14900-03-8

co-Sponsors

View additional co-sponsors

2017-S8109A - Details

Current Committee:: Assembly Energy
Law Section:: Public Service Law
Laws Affected:: Amd §162, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S175, S2270

2017-S8109A - Summary

Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

2017-S8109A - Sponsor Memo

                                
 
BILL NUMBER: S8109A

SPONSOR: HELMING
 
TITLE OF BILL:

An act to create a prohibition against alternative waste to energy
facilities that apply for approvals but that do not demonstrate a
compelling public purpose and that would have a significant and adverse
environmental impact that cannot be mitigated

 
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:

New bill.

 
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.

2017-S8109A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8109--A
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by Sens. HELMING, AVELLA, HAMILTON, O'MARA, ROBACH, YOUNG --
   read twice and ordered printed, and when printed to  be  committed  to
   the   Committee   on   Energy   and  Telecommunications  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to create a  prohibition  against  alternative  waste  to  energy
   facilities  that  apply  for  approvals  but that do not demonstrate a
   compelling public purpose  and  that  would  have  a  significant  and
   adverse environmental impact that cannot be mitigated
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any law, rule or regulation to the  contra-
 ry,  no  major  electric generating facility which generates electricity
 from the combustion, gasification or pyrolysis of solid  waste  or  from
 fuel derived from solid waste can be issued a certificate of compatibil-
 ity and public need or receive a negative declaration under the New York
 State  Environmental  Quality Review Act process if any of the following
 criteria exist or are met:
   a. It poses a risk to the public health  and  safety  of  a  community
 within an environmentally sensitive area of the state; and
   b.  It is within 10 miles of a priority waterbody as designated by the
 state:
   (i) as a critical source of drinking water and tourism driver; and
   (ii) as having vulnerabilities to Harmful Algal Blooms; and
   c. Is within a thriving agriculture-tourism region in the state  serv-
 ing 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; and
   d.  There  are  existing state approved landfills or other solid waste
 management facilities operating within a 50 mile radius of the  proposed
 site; and
   e.  There  is a significant impact to the access roads surrounding the
 proposed site created by the additional traffic  and  transportation  of
 materials  associated with the proposed project as determined by munici-
 pal department of public works; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14900-08-8

 S. 8109--A                          2
 
   f. It does not demonstrate a compelling public purpose; and
   g.  The  project  can  be located on an alternative site that does not
 pose an environmental or economic threat to the region.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after February 1, 2018.

co-Sponsors

View additional co-sponsors

2017-S8109B (ACTIVE) - Details

Current Committee:: Assembly Energy
Law Section:: Public Service Law
Laws Affected:: Amd §162, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S175, S2270

2017-S8109B (ACTIVE) - Summary

Creates the "Finger Lakes community act of 2018"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

2017-S8109B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8109B

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to creating the "Finger Lakes community act of 2018"

 
PURPOSE:

This bill would prohibit a certificate of environmental compatibility
and public need from being issued for the construction or operation of a
new incineration facility if certain criteria are met.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes a legislative intent to protect the Finger Lakes
Region from the adverse effects of the siting of newly constructed
incineration facilities.

Section 2: Titles the legislation "Finger Lakes Community Preservation
Act of 2018."

Section 3: Sets out definitions for incineration facility and solid
waste management.

Section 4: Prohibits a waste to energy facility from receiving a certif-
icate of environmental compatibility and public need if certain criteria
are met. These criteria include: the incineration facility is within the
Oswego River/Finger Lakes Watershed; there is at least one landfill or
other solid waste management facility permitted by DEC and operating or
located within a 50 mile radius of the incineration facility; and the
incineration facility is within ten miles of a priority waterbody as
designated by DEC.

Section 5: Creates a severability clause.

Section 6: 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 landfills which
contravene New York's goals to increase recycling rates.

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.

This legislation would prohibit a waste to energy facility from receiv-
ing a certificate of compatibility and public need if certain criteria
are met.

 
LEGISLATIVE HISTORY:

New bill.

 
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.

2017-S8109B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8109--B
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by Sens. HELMING, AVELLA, HAMILTON, O'MARA, ROBACH, YOUNG --
   read twice and ordered printed, and when printed to  be  committed  to
   the   Committee   on   Energy   and  Telecommunications  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT in relation to creating the "Finger Lakes community act of 2018"
 
   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 2018".
   § 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.

                                                            LBD14900-14-8

 S. 8109--B                          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,  2018,  and
 shall not apply to any facility in operation as of such date.

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Senate Bill S8109

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 18, 2018 - Floor Vote

Floor Vote: Jun 18, 2018

Jun 18, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 18, 2018

Bill Amendments

co-Sponsors

2017-S8109 - Details

2017-S8109 - Summary

2017-S8109 - Sponsor Memo

2017-S8109 - Bill Text download pdf

co-Sponsors

2017-S8109A - Details

2017-S8109A - Summary

2017-S8109A - Sponsor Memo

2017-S8109A - Bill Text download pdf

co-Sponsors

2017-S8109B (ACTIVE) - Details

2017-S8109B (ACTIVE) - Summary

2017-S8109B (ACTIVE) - Sponsor Memo

2017-S8109B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8109

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2017-S8109 - Details

2017-S8109 - Summary

2017-S8109 - Sponsor Memo

2017-S8109 - Bill Text download pdf

co-Sponsors

2017-S8109A - Details

2017-S8109A - Summary

2017-S8109A - Sponsor Memo

2017-S8109A - Bill Text download pdf

co-Sponsors

2017-S8109B (ACTIVE) - Details

2017-S8109B (ACTIVE) - Summary

2017-S8109B (ACTIVE) - Sponsor Memo

2017-S8109B (ACTIVE) - Bill Text download pdf

Comments