Bill Text: NY S07777 | 2019-2020 | General Assembly | Introduced

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Bill Title: Bars permits from being issued for the siting of solid waste management facilities within one mile of schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-19 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07777 Detail]

Download: New_York-2019-S07777-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7777

                    IN SENATE

                                    February 19, 2020
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law, in relation  to  the
          siting of solid waste management facilities near schools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph c of subdivision 2 of  section  27-0707  of  the
     2  environmental  conservation law, as amended by chapter 70 of the laws of
     3  1988, is amended to read as follows:
     4    c. that a permit will be issued only if:
     5    (1) the proposed facility will be in full compliance with the applica-
     6  ble rules and regulations in effect on the date  of  submission  of  the
     7  permit application; and
     8    (2)  there has been opportunity for public review and comment at rele-
     9  vant stages of the project planning process; and
    10    (3) a determination has been made that the proposed facility will  not
    11  result  in  unfair competition between municipalities and scrap dealers,
    12  processors and consumers; and
    13    (4) the applicant has received or will receive the written opinion  of
    14  counsel to each [muncipality] municipality or public authority which has
    15  entered  into  a  contract,  lease or rental agreement with the proposed
    16  facility that such contract, lease or rental agreement is in  compliance
    17  with  the  applicable  requirements  of  sections  one  hundred one, one
    18  hundred three and one hundred twenty-w of the general municipal law; and
    19    (5) the facility will not be sited within one mile of a  public,  non-
    20  public,  charter or board of cooperative educational services elementary
    21  or secondary school or, when  the  permit  application  relates  to  the
    22  proposed  expansion of an existing facility, the facility is not located
    23  within one mile of a public, non-public, charter or board of cooperative
    24  educational services elementary or secondary school.
    25    § 2.  This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15174-01-0