Bill Text: NY A04952 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the environmental conservation law, in relation to authorizing the department of environmental conservation to determine the maximum number of permits for new solid waste management facilities within a given geographic area

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A04952 Detail]

Download: New_York-2009-A04952-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4952
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2009
                                      ___________
       Introduced by M. of A. V. LOPEZ -- Multi-Sponsored by -- M. of A. CLARK,
         GLICK  --  read  once  and  referred to the Committee on Environmental
         Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         authorizing  the department of environmental conservation to determine
         the maximum number of permits for new solid waste  management  facili-
         ties within a given geographic area
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 27-0707 of the environmental  conservation  law  is
    2  amended by adding a new subdivision 8 to read as follows:
    3    8.  THE  DEPARTMENT SHALL DETERMINE A REASONABLE DENSITY AND NUMBER OF
    4  SOLID WASTE  MANAGEMENT  FACILITIES  THAT  MAY  BE  LOCATED  WITHIN  ANY
    5  DISCRETE  NEIGHBORHOOD,  HAMLET,  OR COMMUNITY BOARD JURISDICTION; THESE
    6  GEOGRAPHIC AREAS WILL BE DESIGNATED BY ZIP CODES ASSIGNED BY THE  UNITED
    7  STATES  POSTMASTER GENERAL.  IN REVIEWING THE DECISION TO ISSUE A PERMIT
    8  IN RELATION TO THE NUMBER AND DENSITY OF SOLID WASTE MANAGEMENT  FACILI-
    9  TIES  IN A PARTICULAR LOCATION, THE DEPARTMENT SHALL TAKE INTO CONSIDER-
   10  ATION THE GROSS TONNAGE CAPACITY OF EACH FACILITY IN  RELATION  TO  SUCH
   11  POPULATION  OF  THE AREA SERVED.  NOTWITHSTANDING ANY OTHER PROVISION OF
   12  LAW TO THE CONTRARY, THE DEPARTMENT IS AUTHORIZED TO DENY ANY ADDITIONAL
   13  PERMITS FOR THAT GEOGRAPHIC AREA ONCE THE MAXIMUM NUMBER  OF  FACILITIES
   14  IS  REACHED.  IN THE CASE OF A GEOGRAPHIC AREA OF A COMMUNITY BOARD, THE
   15  MAXIMUM NUMBER OF FACILITIES SHALL BE FIFTEEN.
   16    S 2. This act shall take effect immediately and shall apply to  appli-
   17  cations submitted on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08545-01-9