NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3994
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to regu-
lation of landfill gas control flares
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to prevent damage and death to birds of prey
from exposure to landfill methane gas control flares.
SUMMARY OF PROVISIONS:
The bill requires that all regulated landfills install safer and taller
perches for raptors and to attach spikes to landfill methane gas control
flares. Furthermore, the bill requires DEC to work with manufacturers of
these flares to incorporate bird deterrence into the design of such
flares.
JUSTIFICATION:
Landfills are often of source of environmental hazards for wildlife.
Landfills frequently flare gas (methane) produced by deposition of the-
waste. One of the unwanted side effects of flaring is their impact on
raptors, such as hawks and owls, which are attracted to landfills
because of the abundance of rodents. The height of the methane burn
stack (60 feet) makes an ideal perch for raptors waiting for rodents and
other prey. The methane burners have an igniter which causes a sudden
flame flare that can scorch and even kill anything perched on top,
flying over or located inside the stack. These side effects have been
documented in a number of states. This bill seeks to minimize and avoid
these unfortunate and sometimes fatal occurrences by denying perches
through the use of steel bird spikes on stacks and encouraging the
installation of alternative higher perches to attract the raptors.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.4100 - Referred to Environmental Conservation
2019-20: A.2541 - Referred to Environmental Conservation
2017-18: A2404 - Referred to Environmental Conservation
2015-16: A.3289 - Referred to Environmental Conservation
2013-14: A.2476-A - Referred to Environmental Conservation
2011-12: A.1582-A - Referred to Environmental Conservation
2009-10: A.370 - Referred to Environmental Conservation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act would take effect 180 days after it shall become law.
STATE OF NEW YORK
________________________________________________________________________
3994
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regu-
lation of landfill gas control flares
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "raptor protection act".
3 § 2. Legislative intent. The legislature hereby finds that landfills
4 are frequently a source of food for hawks, falcons, owls and other
5 raptors. Landfills often utilize landfill gas control flares that
6 consist of tall pipes with automatic igniters that burn the methane gas.
7 Raptors will use these devices as perches or fly over the flares; when
8 they ignite, raptors will suffer severe burns, melted beaks, talons or
9 feathers, or even death. Injured birds have been found throughout the
10 United States.
11 § 3. The environmental conservation law is amended by adding a new
12 section 27-0709 to read as follows:
13 § 27-0709. Regulation of landfill gas control flares.
14 1. For the purposes of this section, "landfill" means a solid waste
15 disposal facility at which solid waste, or its residue after treatment,
16 is intentionally placed and at which waste shall remain.
17 2. Every landfill that utilizes landfill gas control flares to burn
18 methane gas shall be required to install safer and taller perches for
19 raptors and attach spikes to all landfill gas control flares.
20 3. The department shall cooperate and consult with manufacturers of
21 landfill gas control flares to incorporate bird deterrence into the
22 design of such flares.
23 § 4. This act shall take effect immediately, except that subdivision 2
24 of section 27-0709 of the environmental conservation law, as added by
25 section three of this act, shall take effect on the one hundred eight-
26 ieth day after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06970-01-3
