PRINTER'S NO. 890
No. 126 Session of 2005
INTRODUCED BY DALLY, ARGALL, BAKER, BARRAR, BELARDI, BROWNE,
BUNT, CALTAGIRONE, CAPPELLI, CRAHALLA, CREIGHTON, DeWEESE,
FAIRCHILD, FREEMAN, GEORGE, GINGRICH, GOODMAN, GRUCELA,
HENNESSEY, HERMAN, HERSHEY, HESS, LEH, LEVDANSKY, MAJOR,
McILHATTAN, O'NEILL, PHILLIPS, REICHLEY, RUBLEY, SAYLOR,
SCAVELLO, SHANER, STERN, SURRA, E. Z. TAYLOR, TIGUE, WALKO,
BENNINGHOFF, HARHART, STURLA AND DENLINGER, MARCH 14, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 14, 2005
A RESOLUTION
1 Memorializing the President and Congress of the United States
2 and the Governor of New York to support and to approve
3 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
15 of Environmental Protection, the percentage of solid waste
16 disposed of in this Commonwealth that is imported from other
1 states has increased in each of the past six years; and
2 WHEREAS, According to statistics compiled by the Department
3 of Environmental Protection, in 1996 imported waste made up 43%
4 of the solid waste disposed of in landfills located in this
5 Commonwealth; and
6 WHEREAS, The present and projected future levels of solid
7 waste that owners and operators of landfills and incinerators
8 located in this Commonwealth import from other states pose
9 environmental, aesthetic and traffic problems and is unfair to
10 citizens of this Commonwealth, particularly citizens living in
11 areas where landfills and incinerators are located; and
12 WHEREAS, In 1988 the Commonwealth adopted a law designed to
13 reduce the need for additional landfills and incinerators by
14 requiring and encouraging recycling of certain materials; and
15 WHEREAS, It is within the power of Congress to delegate
16 authority to the states to restrict the amount of solid waste
17 they import from other states; and
18 WHEREAS, Legislation is needed in both Houses of Congress
19 that would give states authority to impose reasonable
20 restrictions on the amount of solid waste imported from other
21 states; and
22 WHEREAS, Passage of such legislation by Congress may hinge
23 upon the success of negotiations between certain states that
24 import and export trash; and
25 WHEREAS, The failure of Congress to act will harm this
26 Commonwealth by allowing the continued unrestricted flow of
27 solid waste generated in other states to landfills and
28 incinerators located in this Commonwealth; therefore be it
29 RESOLVED, That the House of Representatives memorialize the
30 President and Congress to support legislation authorizing states
20050H0126R0890 - 2 -
1 to restrict the amount of solid waste they import from other
2 states; and be it further
3 RESOLVED, That the House of Representatives memorialize the
4 Governor of New York to support the legislation giving states
5 the authority to place reasonable restrictions upon the amount
6 of solid waste imported from other states; and be it further
7 RESOLVED, That copies of this resolution be transmitted to
8 the President of the United States, the Honorable George E.
9 Pataki, Governor of New York, the presiding officer of each
10 House of Congress and to each member of Congress from
11 Pennsylvania.
A18L82DMS/20050H0126R0890 - 3 -