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Two months after the New York State Senate and Assembly both unanimously passed the legislation to stop toxic incinerators in the Finger Lakes, Governor Cuomo has officially signed the Finger Lakes Community Preservation Act into law, showing how committed the Governor is to protecting the environment and local businesses of the region.

"We are thankful to the bill sponsors and co-sponsors for championing this bill. With the Finger Lakes Community Preservation Act becoming law, communities should now be able to refocus their energies on growing the Finger Lakes economy without the looming fear of an environmental or economic disruption," said Seneca Lake Guardian President Joseph Campbell. "While we are relieved that this polluting incinerator will not be built in Romulus, we believe it should not be built anywhere. Seneca Lake Guardian stands ready to assist any other community that may be facing a similar threat of an incinerator proposal from Circular enerG or any other incinerator company."

A proposal by Circular enerG to build a $365 million trash incinerator in Romulus, NY, between Seneca and Cayuga lakes fed a groundswell of opposition to incinerators in the region from elected officials, business owners, local and regional groups. Cuomo prompted New York State lawmakers to introduce bills 5029A and S2270 to stop developers from building garbage incinerators within the Finger Lakes Watershed.

The legislation (S.2270/A.5029) prohibits the New York State Public Service Commission (PSC) and other state agencies from issuing a waste-to-energy permit for a proposed garbage incinerator if it meets the following conditions:

The facility is within the Oswego River/Finger Lakes watershed;
There is at least one landfill or other solid waste management facility permitted by the Department of Environmental Conservation and operating or located within a 50-mile radius of the proposed incineration facility;
The proposed facility is within 10 miles of a priority waterbody as designated by the Department of Environmental Conservation.

Opponents of the Circular EnerG project note that the incinerator would require the daily delivery of more than 2,500 tons of trash to operate. It would produce toxic ash from burning a range of solid wastes that can vary widely in chemical output, making compliance with emissions and toxic waste limits difficult. Siting a garbage incinerator anywhere in the Finger Lakes region, with the associated impacts of air and ash pollution and other negative effects, will damage local tourism as well as the booming wine and agricultural industries.

The Senate bill (S2270) was sponsored by Senator Rachel May and co-sponsored by Senators Pam Helming, Tom O'Mara, Brad Hoylman, Rich Funke, Robert E. Antonacci, David Carlucci and Jen Metzger.

"I join the business owners, environmental advocates, and residents across the Finger Lakes region in celebrating the signing of the Finger Lakes Community Preservation Act into law," Helming said. "The support for this legislation of people from a variety of interests and backgrounds is a clear sign that garbage incinerators are not welcome in the Finger Lakes region. A garbage incinerator would devastate the surrounding communities and negatively impact our health and our environment. As a region, we believe in clean water, clean air, and a high quality of life for our children and families and we fought hard to make our voices heard and protect our lakes and natural resources from further harm. This is just one example of what we can accomplish when we set aside our differences and work together in a bipartisan effort for the good of our communities."

In the Assembly (5029A), it was sponsored by Assemblymember Michael Cuisick and co-sponsored by Assemblymembers Barbara Lifton, Phil Palmesano, Brian Kolb, Carrier Woerner, Donna Lupardo, Fred Thiele, Deborah Glick, Gary Finch, Linda Rosenthal, Felix Ortiz and Steven Englebright.

After hearing about the proposed project last year, Lifton brought the issue to the attention of her colleague, Assemblymember Michael Cusick, Chair of the Assembly Energy Committee and worked closely with him to draft the bill. The Assembly then worked with the Senate to get a companion bill that could become law.

"I was happy to help usher this bill through the Assembly, and I'm very grateful to the Governor for his signature enacting it into law," said Lifton. "This incinerator would have had an extremely detrimental impact on local communities and local agriculture and tourism. I'm very glad the Governor listened to the multitude of voices from both legislators and residents and acted to protect the health and welfare of everyone in our region."

"We can't count our chickens before they hatch, however", said Seneca Lake Guardian Vice President Yvonne Taylor. "Alan Knauf, the attorney for this predatory corporation, Circular enerG, has threatened to take this decision up with the NY State Attorney General, should the law get passed. It would be shameful to do so and it would drag the company and the community down for years. Circular enerG would simply be throwing good money after bad, and continuing to be the big bad bully in the region. We are thankful to Governor Cuomo, our champions in the legislature like Senators Rachel May and Pam Helming, Assemblymembers Michael Cusick, Barbara Lifton, Phil Palmesano and Brian Kolb, as well as the hundreds of Finger Lakes residents who spent countless hours mobilizing against this incinerator."

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