PRINTER'S NO. 1029
No. 88 Session of 1997
INTRODUCED BY REBER, GEORGE, BUNT, COLAIZZO, YOUNGBLOOD,
JAROLIN, FARGO, MELIO, LLOYD, STABACK, ARGALL, SEMMEL, TIGUE,
JADLOWIEC, THOMAS, WAUGH, YEWCIC, COY, McNAUGHTON, FAIRCHILD,
ROBERTS, SHANER, HENNESSEY, LYNCH, NAILOR, READSHAW, HERMAN,
HERSHEY, KREBS, PLATTS, GORDNER, RUBLEY, WALKO, B. SMITH,
KENNEY, NICKOL, SCHRODER, BAKER, DALEY, BARD, BATTISTO,
D. W. SNYDER, LEH, SAYLOR, TANGRETTI, MASLAND, McGILL, ITKIN,
HUTCHINSON, TRUE, STEELMAN, SAINATO, ROHRER, DeLUCA,
S. H. SMITH, PETRARCA, BROWNE, DRUCE, CIVERA, E. Z. TAYLOR,
CURRY, HARHART, EGOLF, SATHER, FEESE, McCALL, HESS, BOSCOLA
AND L. I. COHEN, MARCH 18, 1997
REFERRED TO COMMITTEE ON RULES, MARCH 18, 1997
A RESOLUTION
1 Memorializing the Clinton Administration, the Congress of the
2 United States and the Governor of New York to support and to
3 approve legislation that would give states authority to place
4 reasonable restrictions upon the importation of solid waste.
5 WHEREAS, The United States Supreme Court has issued a series
6 of decisions holding that the Commerce Clause of the
7 Constitution of the United States prohibits states from
8 restricting the importation of solid waste from other states;
9 and
10 WHEREAS, Over the past several years, owners and operators of
11 solid waste landfills located in this Commonwealth have
12 increased significantly the amount of solid waste that they
13 accept from other states; and
14 WHEREAS, According to statistics compiled by the Department
1 of Environmental Protection, the percentage of solid waste
2 disposed of in this Commonwealth that is imported from other
3 states has increased in each of the past six years; and
4 WHEREAS, According to statistics compiled by the Department
5 of Environmental Protection, in 1996 imported waste made up 43%
6 of the solid waste disposed of in landfills located in this
7 Commonwealth; and
8 WHEREAS, New York State and New York City have announced
9 plans to close by the year 2001 the Fresh Kills landfill located
10 on Staten Island, which currently accepts 13,000 tons of waste
11 per day from New York City and the city's sanitation director
12 stated that the city would consider sending its waste to
13 landfills in Pennsylvania, among other places; and
14 WHEREAS, Governor Tom Ridge has notified the Governor of New
15 York that the recently released report on how New York State and
16 New York City will handle the closure of Fresh Kills did not
17 adequately address limiting the exportation of the waste from
18 Fresh Kills or steps New York State will take to plan for the
19 construction of disposal facilities; and
20 WHEREAS, The present and projected future levels of solid
21 waste that owners and operators of landfills and incinerators
22 located in this Commonwealth import from other states pose
23 environmental, aesthetic and traffic problems and is unfair to
24 citizens of this Commonwealth, particularly citizens living in
25 areas where landfills and incinerators are located; and
26 WHEREAS, In 1988 the Commonwealth adopted a law designed to
27 reduce the need for additional landfills and incinerators by
28 requiring and encouraging recycling of certain materials; and
29 WHEREAS, It is within the power of Congress to delegate
30 authority to the states to restrict the amount of solid waste
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1 they import from other states; and
2 WHEREAS, Legislation has been introduced in both Houses of
3 Congress that would give states authority to impose reasonable
4 restrictions on the amount of solid waste imported from other
5 states; and
6 WHEREAS, Passage of such legislation by Congress may hinge
7 upon the success of negotiations between certain states that
8 import and export trash; and
9 WHEREAS, Governor Ridge and the governors of four other
10 states wrote to the Honorable George Pataki, Governor of New
11 York, expressing their desire to reach an accord on authorizing
12 states to place reasonable limits on the importation of solid
13 waste; and
14 WHEREAS, The failure of Congress to act will harm this
15 Commonwealth by allowing the continued unrestricted flow of
16 solid waste generated in other states to landfills and
17 incinerators located in this Commonwealth; therefore be it
18 RESOLVED, That the House of Representatives memorialize the
19 Clinton Administration and Congress to support legislation
20 authorizing states to restrict the amount of solid waste they
21 import from other states; and be it further
22 RESOLVED, That the House of Representatives memorialize the
23 Governor of New York to support the legislation giving states
24 the authority to place reasonable restrictions upon the amount
25 of solid waste imported from other states; and be it further
26 RESOLVED, That copies of this resolution be transmitted to
27 the Honorable William Clinton, President of the United States,
28 the Honorable George Pataki, Governor of New York, the presiding
29 officer of each House of Congress and to each member of Congress
30 from Pennsylvania.
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