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c. The board is hereby authorized and directed to, on or before December first, nineteen hundred eighty-five, select an ashfill site in the counties of Nassau or Suffolk from the list submitted to the board pursuant to paragraph a of this subdivision, based upon memoranda, reports and recommendations of the environmental facilities corporation and the public hearing record or other data received and reviewed by the board. In making such selection, the board shall ascertain that such site meets the criteria and qualifications established pursuant to section 27-0704 of the environmental conservation law and section four of this act.

d. If the board shall, for any reason, fail to affirmatively select a site pursuant to paragraph c of this subdivision, the New York state environmental facilities corporation shall, on or before January first nineteen hundred eighty-six, make such selection from the list submitted pursuant to paragraph a of this subdivision.

3. Staff services, including recording of board proceedings, shall be performed by the environmental facilities corporation.

4. Notwithstanding any other provision of law, a municipality may not require any approval, consent, permit, certificate or other condition regarding the operation of the ashfill designated pursuant to this act. § 4. Ashfill site in the counties of Nassau or Suffolk. 1. With the assistance of the Long Island regional ashfill board, the New York state environmental facilities corporation, hereinafter referred to as the "corporation", shall, within forty-five days of the effective date of this act and after consultation with the department of environmental conservation and other state and local agencies, establish criteria for the siting of the Long Island regional ashfill, hereinafter referred to as the "ashfill", which term shall have the meaning ascribed to it in section two of this act. Such criteria shall include, among other factors:

(a) the hydrogeologic zone of the site;

(b) the depth to groundwater;

(c) the size of the site;

(d)

the degree of buffering from the local community afforded by the

site the proximity to delivery routes to the site including highways

and railroad facilities;

(f) the ease of development of the site; and

(g) the land use and zoning of the site.

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2. a. The corporation shall, within sixty days of the effective date of this act, make or cause to be made a list of potential sites for ashfill in the counties of Nassau or Suffolk which may accept solid waste pursuant to section 27-0704 of the environmental conservation law and the criteria established pursuant to subdivision one of this section. Immediately upon completion of such list, the corporation shall submit such list, together with any supporting memoranda, technical reports and recommendations that the corporation deems appropriate, to the Long Island regional ashfill board created pursuant to section three of this act.

b. In making and compiling the list required by paragraph a of this subdivision, the corporation may undertake any activities it deems necessary and appropriate, and may make use of existing studies, surveys, plans, data and other materials in the possession of any state agency or any municipality and subdivision of the state. Each such agency, municipality and subdivision is hereby authorized and directed to make the same available to the corporation and otherwise to assist it in the performance of its functions under this act. In no event shall the corporation consider for inclusion on such list any site which is within:

(i) three thousand feet of a site which is listed on the federal superfund national priorities list as promulgated by the United States environmental protection agency on or before the effective date of this act; or

(ii) three thousand feet of a landfill, as that term is defined in paragraph e of subdivision one of section 27-0704 of the environmental conservation law, which is contiguous with or adjacent to a site listed on the federal superfund national priorities list as promulgated by the United States environmental protection agency on or before the effective date of this act; or

(iii) three thousand feet of a school building, which term shall mean any public or private institution providing instruction for elementary or secondary grades or any post secondary College or university institu

tion that is in use or is under construction on or before the effective date of this act; or

(iv) twelve hundred feet of a municipal parkland, or within a municipal parkland, provided such parkland comprises a minimum of one hundred fifty contiguous acres and was dedicated on or before the effective date of this act.

3. In the event that the Long Island regional ashfill board does not designate a site pursuant to paragraph c of subdivision two of section three of this act, the corporation shall, on or before January first, nineteen hundred eighty-six, designate one of the sites from the list established pursuant to subdivision two of this section as the site for the ashfill, based on the public hearing record or other data received and reviewed by the board and any such materials compiled by the corporation.

4. On or before January thirty-first, nineteen hundred eighty-six, the corporation shall submit a report to the governor and the legislature listing its recommendations for the nineteen hundred eighty-six-eightyseven budget concerning the most cost-effective and economically feasible means for acquisition or condemnation and ultimate disposition of the ashfill site; other institutional or financial arrangements for acquisition, development, and operation of the site designated pursuant to section three of this act; and a report on how such site conforms with the criteria established pursuant to subdivision one of this section. 5. The corporation shall provide technical advice and assistance to the Long Island regional ashfill board and otherwise assist the board in the performance of its duties and responsibilities under section three of this act.

§ 5. The sum of six hundred fifty thousand dollars ($650,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available for the expenses of the New York state environmental facilities corporation in carrying out the provisions of this act.

§ 6. This act shall take effect immediately.

CHAPTER 359

AN ACT to amend a chapter of the laws of nineteen hundred eighty-five, relating to establishing the Long Island regional relation to making technical changes

ashfill board,

Became a law July 19, 1985, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Sections one, two, three and four of a chapter of the laws of nineteen hundred eighty-five, relating to establishing the Long Island regional ashfill board, as proposed in legislative bill number S. 1544, are amended to read as follows:

Section 1. Legislative findings. The legislature finds that the disposal of solid waste, both raw and treated, is a responsibility facing all towns and cities in the counties of Nassau and Suffolk. Chapter two hundred ninety-nine of the laws of nineteen hundred eighty-three mandates a phasing out of the practice of landfilling raw garbage as the principal method for the disposal of municipal solid waste on Long Island and prohibits the establishment of new landfills in areas located above certain hydrogeologic zones determined to be critical to the recharge of the primary aquifer which supplies water to the residents of Nassau and Suffolk counties. Such chapter designates resource recovery as the preferred alternative to landfilling for Long Island.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

As the transition toward resource recovery progresses, a regional ash disposal site is necessary in order to facilitate this orderly transition.

Consistent with the declared policy of the state to protect the safety and adequacy of the drinking water supply of Long Island from the environmental threats posed by the disposal of untreated solid waste in landfills, the legislature finds that state action is necessary to assist in establishing a process to [designate] recommend a site for a regional ash disposal facility.

The legislature finds that the disposal or disposition of the ash residue is an appropriate role of private firms regulated by the state and that such firms can undertake such activity with private capital.

It is, therefore, the intention of the legislature through this act to initiate a process that will assure local decision-makers the primary role in the [designation] recommendation of an environmentally acceptable site, that such site shall be acquired or condemned pursuant to the provisions of law, that the legislature shall review and recommend any appropriation as may be necessary for such acquisition or condemnation in the nineteen hundred eighty-six-eighty-seven budget, and that the legislature shall not consider an appropriation to acquire or condemn site other than that site [designated] recommended by this process.

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§ 2. The Long Island regional ashfill board [or the New York state environmental facilities corporation] shall [designate] recommend a site, pursuant to section three of this act, for a Long Island regional ashfill, hereinafter referred to as the "ashfill", which shall be a landfill in the counties of Nassau or Suffolk which may accept ash or other residue from resource recovery, incineration or other approved treatment processes and other wastes consistent with the provisions of section 27-0704 of the environmental conservation law.

[The design, construction, maintenance, operation and closure of the ashfill authorized by this act shall be in accordance with the criteria and restrictions established pursuant to title seven of article twentyseven of the environmental conservation law and any other conditions the commissioner of environmental conservation may determine to be necessary to mitigate any adverse environmental impacts to the maximum extent practicable.]

The ashfill [authorized] recommended by this act [shall] may continue in operation after full implementation of resource recovery systems by persons affected by section 27-0704 of the environmental conservation law according to schedules approved or imposed by the commissioner of environmental conservation and shall not otherwise be required to cease operation or undergo closure by virtue of any time limitations, any provisions of such section to the contrary notwithstanding.

§ 3. Long Island regional ashfill board. 1. a. A Long Island regional ashfill board is hereby established, hereinafter referred to as the board. The board shall consist of thirteen members, including the commissioners of environmental conservation[,] and health and commerce] the secretary of state or their designees, and ten ad hoc members of whom two shall be appointed by the governor, three each by the Nassau county executive and the Suffolk county executive, one by the minority members of the Nassau county board of supervisors and one by the minority leader of the Suffolk county legislature. Of the three members appointed by the Nassau county executive, one shall be an elected official or employee of the county, one shall be an elected official or employee of a town or city within the county, and one shall be a person who is registered to vote at an address within the county. Of the three members appointed by the Suffolk county executive, one shall be an elected official or employee of the county, one shall be an elected official or employee of a town within the county, and one shall be a person who is registered to vote at an address within the county,

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b. All ad hoc members of the board shall be residents of the counties of Nassau or Suffolk and each shall be, by professional training or perience and attainment, qualified to analyze and interpret matters pertaining to solid waste management.

C. Appointments to the board shall be made within thirty days of the effective date of this act.

d. No later than January [first] fifteenth, nineteen hundred eightysix, the board shall make recommendations to the environmental facilities corporation concerning the operation of the ashfill, including:

(i) potential intermunicipal arrangements for the management of downtime and untreatable waste;

(ii) the process for selection of a facility operator;

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(iii) the establishment of tipping fees for use of the ashfill; and (iv) potential incentives that could be provided to the municipality that hosts the ashfill.

e. After January thirty-first, nineteen hundred eighty-six, the board shall continue to exist, until such time as a permit to construct has been issued for the ashfill, to serve in an advisory capacity to the department of environmental conservation and the operator of such site; except that the commissioners of the departments of environmental conservation[,] and health and [commerce] the secretary of state or their designees shall no longer be members of such board, and further, chief that an additional member shall be appointed to such board by the executive officer of:

(i) the municipality

in which the [designated] recommended ashfill

site is located;

(ii) any municipality in the counties of Nassau or Suffolk in which a permit to construct a resource recovery facility has been issued; and

(iii) any municipality in the counties of Nassau or Suffolk that has issued a formal request for proposal for a resource recovery facility pursuant to section one hundred twenty-w of the general municipal law.

f. The [members of the board] governor shall designate one of the ad hoc members to serve as chairperson.

g. For the purposes of this act, the ad hoc members of the board shall be considered officers or employees of public entities and shall be afforded such defense and indemnification as provided pursuant to section seventeen of the public officers law.

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h. The members of the board shall serve without compensation for their services as members of the board, except that each of them shall be titled to receive those actual and necessary expenses incurred in the discharge of their duties under this section.

i. Prior to January thirty-first, nineteen hundred eighty-six, nine members of the board shall constitute a quorum for the transaction of any business of the board, and the decision of seven members of the board shall constitute action of the board.

2. a. [Within sixty days of the effective date of this act] On or before November first, nineteen hundred eighty-five, the environmental facilities corporation shall, pursuant to section four of this act, submit to the board a list of potential sites for the regional ashfill which may accept solid waste pursuant to section 27-0704 of the environmental conservation law, together with any supporting memoranda, technical reports and recommendations that the corporation deems appropriate. The board shall provide notice to the chief executive officer of each municipality in which a potential site is located.

b. On or before November [first] fifteenth, nineteen hundred eightyfive, the board shall hold one or more hearings in each of the counties of Nassau and Suffolk to receive public comment on the list enumerated in paragraph a of this subdivision. Such hearings shall be preceded by public notice[, published not less than thirty days prior to such hearings];

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c. The board is hereby authorized and directed to, on or before December [first] fifteenth, nineteen hundred eighty-five, [select] recommend ashfill site in the counties of Nassau or Suffolk from the list submitted to the board pursuant to paragraph a of this subdivision, based upon memoranda, reports and recommendations of the environmental facilities corporation and the public hearing record or other data received and reviewed by the board. In making such [selection] recommendation, the board shall ascertain that such site [meets the criteria and qualifications established pursuant to] is in conformance with section 27-0704 of the environmental conservation law and section four of this act.

[d. If the board shall, for any reason, fail to affirmatively select a site pursuant to paragraph c of this subdivision, the New York state environmental facilities corporation shall, on or before January first, nineteen hundred eighty-six, make such selection from the list submitted pursuant to paragraph a of this subdivision. ]

3. Staff services, including recording of board proceedings, shall be performed by the environmental facilities corporation.

4. Notwithstanding any other provision of law, a municipality may not require any approval, consent, permit, certificate or other condition regarding the operation of the ashfill designated pursuant to this act. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

§ 4. Ashfill site in the counties of Nassau or Suffolk. 1. [With the assistance of the Long Island regional ashfill board, the] The New York state environmental facilities corporation, hereinafter referred to as the "corporation", shall, [within forty-five days of the effective date of this act and] after consultation with the department of environmental conservation and other state and local agencies, [establish criteria for the siting of the] cause to be prepared a generic environmental impact statement pursuant to article eight of the environmental conservation law which addresses the process by which a site for the Long Island regional ashfill will be recommended pursuant to the provisions of this act. Such process shall ensure that the site recommended will be in conformance with title seven of article twenty-seven of the environmental conservation law and with paragraph b of subdivision two of this section. The Long Island regional ashfill, hereinafter referred to as the "ashfill", [which term] shall have the meaning ascribed to it in section two of this act. [Such criteria shall include, among other factors:

(a) the hydrogeologic zone of the site;

(b) the depth to groundwater;

(c) the size of the site;

(d) the degree of buffering from the local community afforded by the

site; the proximity to delivery routes to the site including highways

and railroad facilities;

(f) the ease of development of the site; _and

(g) the land use and zoning of the site. ]

2. a. The corporation shall, [within sixty days of the effective date of this act] on or before November first, nineteen hundred eighty-five, make or cause to be made a list of potential sites for an ashfill in the counties of Nassau or Suffolk which may accept solid waste pursuant to [section 27-0704] title seven of article twenty-seven of the environmental conservation law [and the criteria established pursuant to subdivision one of this section]. Immediately upon completion of such list, the corporation shall submit such list, together with any supporting memoranda, technical reports and recommendations that the corporation deems appropriate, to the Long Island regional ashfill board created pursuant to section three of this act.

b. In making and compiling the list required by paragraph a of this subdivision, the corporation may undertake any activities it deems necessary and appropriate, and may make use of existing studies, surveys, plans, data and other materials in the possession of any state agency or any municipality and subdivision of the state. Each such agency, municipality and subdivision is hereby authorized and directed to make the same available to the corporation and otherwise to assist it in the performance of its functions under this act. In no event shall the corporation consider for inclusion on such list any site which is within:

(i) three thousand feet of a site which is listed on the federal superfund national priorities list as promulgated by the United States environmental protection agency on or before the effective date of this act; or

(ii) three thousand feet of a landfill, as that term is defined in paragraph e of subdivision one of section 27-0704 of the environmental conservation law, which is contiguous with or adjacent to a site listed on the federal superfund national priorities list as promulgated by the United States environmental protection agency on or before the effective date of this act; or

(iii) three thousand feet of a school building, which term shall mean any public or private institution providing instruction for elementary or secondary grades or any post secondary college or university institu tion that is in use or is under construction on or before the effective date of this act; or

(iv) twelve hundred feet of a municipal parkland, or within a municipal parkland, provided such parkland comprises a minimum of one hundred fifty contiguous acres and was dedicated on or before the effective date of this act.

3. [In the event that the Long Island regional ashfill board does not designate a site pursuant to paragraph c of subdivision two of section three of this act, the corporation shall, on or before January first, nineteen hundred eighty-six, designate one of the sites from the list established pursuant to subdivision two of this section as the site for the ashfill, based on the public hearing record or other data received

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