S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5029--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by M. of A. CUSICK, LIFTON, PALMESANO, KOLB, WOERNER, LUPAR-
   DO, THIELE, GLICK, FINCH -- read once and referred to the Committee on
   Energy -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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:
   a. "Incineration facility" shall mean a facility which generates elec-
 tricity from the combustion, gasification or pyrolysis of solid waste or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04980-02-9

 A. 5029--A                          2
 
 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.