What's happening
This bill prohibits new incineration facilities in the Finger Lakes region to protect public health, tourism, and agriculture.
Why it matters
Strengthens environmental protections for the Finger Lakes by targeting facilities most likely to contribute to pollution. the law specifically blocks new incinerators that burn waste for energy, citing risks like air and ash pollution, as well as threats to water quality in an area known for its lakes and agriculture.
Addresses cumulative impacts of waste infrastructure. the bill highlights that the region already hosts major landfills and imports large amounts of trash, suggesting that additional waste-processing facilities could worsen existing environmental and health burdens.
Aims to preserve the economic vitality of the Finger Lakes. by focusing on protecting tourism, wineries, and agriculture, the legislation recognizes that environmental harm from incineration could jeopardize over $1 billion in regional investment and 25,000 jobs tied to these sectors.
Sets clear geographic and operational limits. the ban applies only to new facilities meeting three criteria: location within the Oswego River/Finger Lakes Watershed, proximity to existing waste facilities, and closeness to designated priority waterbodies, ensuring the law is targeted and does not affect existing operations.
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Who cares
Headline styles
Ban New Incinerators Finger Lakes
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.32
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.169
- Substituted for S2270A
- Referred to energy and telecommunications
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.118
- Reported
- Print number 5029a
Show 2 earlier actions
- Amend (t) and recommit to energy
- Referred to energy
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban New Finger Lakes Incinerators
Senate Floor Calendar · Sponsor Rachel May
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5029--A
2019-2020 Regular Sessions
IN ASSEMBLY
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 Assembly, 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 cumulative 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 electricity 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 compatibility 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 certificate 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 waterbody 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 thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part thereof directly involved in the controversy 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.