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Legislative Memo

Darren Suarez
Manager of Government Affairs
T 518.465.7511
www.bcnys.org

BILL:

A.7868 (Lentol)

Support

SUBJECT:

Siting of Radioactive or Hazardous Waste Disposal Stations

 

DATE:

June 14, 2011

 

The Business Council opposes this legislation, which would prohibit radioactive waste disposal or transfer stations from being sited within 1,500 feet of school property.

This bill, while well intentioned will cause the displacement and shutdown of facilities that have operated in this state and in their communities for years. The greatest concern is that it does not provide any mechanism to allow existing facilities to maintain their base of operations. It would force facilities to retroactively come into compliance with the mandates of the bill. Any facility currently within 1,500 feet of a school would be in noncompliance with the new law and be forced to shut down operations, which would amount to an unconstitutional taking of a business without just compensation.

Legislation such as this should be prospective, insuring that any new radioactive or hazardous waste disposal facilities meet new siting standards while protecting the economic viability of existing facilities.

This bill will have a negative impact on hospitals and other public institutions like schools and laboratories that generate the very wastes this bill targets.

This bill should be amended to grandfather out those existing facilities currently located within 1,500 feet of a school.

For these reasons, the Business Council opposes adoption of A.7868.