senate Bill S3029A

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Feb / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 02 / Mar / 2012
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 02 / Mar / 2012
    • PRINT NUMBER 3029A

Summary

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.

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Bill Details

See Assembly Version of this Bill:
A1241A
Versions:
S3029
S3029A
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S7130, A1319
2007-2008: A3318, A3318

Sponsor Memo

BILL NUMBER:S3029A

TITLE OF BILL:
An act to amend the environmental conservation law and the general
municipal law, in relation to disposal and source separation of
recyclable materials

PURPOSE OR GENERAL IDEA OF BILL:
This bill clarifies the obligations of waste haulers regarding the
handling of recyclable materials and specifies the materials which are
to be separated for recycling.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1 of the bill adds a new section 27-0709 to the Environmental
Conservation Law to prohibit private and municipal waste haulers from
delivering recyclable materials to landfills or incinerators.

§ 2 of the bill amends paragraphs (b) and (c) of subdivision 2 of
section 120-aa of the General Municipal Law to specify which materials
must at a minimum be separated for recycling pursuant to a local
recycling law.

§ 3 of the bill contains a severability clause.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Pursuant to General Municipal Law § 120-aa, every municipality must
enact a local law requiring the separation of recyclable materials as
defined in subdivision 2(b). This bill would close the existing
markets loophole contained in the current provision.

JUSTIFICATION:
This bill will encourage and enhance statewide recycling efforts and
compliance by private citizens, local governments and waste haulers,
thereby preserving natural resources, improving air and water quality,
and extending the life of the few remaining disposal facilities in New
York State.

New York State has come a long way since 1988 in statewide recycling
practices. 20 years of experience has allowed the Department of
Environmental Conservation (DEC) and Empire State Development (ESD) to
easily identify materials that are common to most programs in the
state and that have had consistently viable markets.

The state is using its purchasing power to expand the demand for
products that contain recycled content. Governor Mario Cuomo's
Administration issued Executive Order 142 in 1991, which declared that
it shall be NYS policy to practice source separation at all of its
agencies and to promote the practice of purchasing recycled products
to ensure that a market exists. Just recently, the Paterson
Administration issued Executive Order 4, which requires OGS to develop
a comprehensive green purchasing program. Governor Andrew Cuomo has
vowed to continue this initiative in his administration.

After the Environmental Protection Fund (EPF) was established in 1993,


ESD created the Environmental Investment Program (EIP). Since its
establishment EIP has created:

- New capacity to recycle 3.3 million tons/year of secondary materials
- Created or retained 4,800 jobs
- Created a recurring economic benefit estimated at $279.63
million per year

While progress has been made in expanding recycling capacity and
developing secondary materials markets, nearly 65% of the total state
managed materials and about 80% of Municipal Solid Waste (MSW), ends
up in landfills, even though land filling is statutorily the last
resort. The combination of
recycling loopholes, planned obsolescence, the growth of convenience
products, and the advance of technology, has stalled progress toward
an absolute reduction of generated waste.

This bill would close the "existing market" loophole which has allowed
transporters to justify diverting recyclable materials to landfills
or incinerators. It also specifies materials required for separation,
but does not limit a municipality from including other items that
they can find a market for.

The "existing market" clause has proven to be cumbersome in practice,
creating confusion and potentially undermining the value of recycled
materials because a reliable supply of material is critical to
justifying private capital investment in secondary materials markets.
Most programs have continuously collected the same materials for much
of the past two decades despite periodic dips in market values.

PRIOR LEGISLATIVE HISTORY:
This bill was first introduced as an
Attorney General Program Bill in 2000. It has been introduced in each
session since the initial introduction, with passage in the Assembly
nine times.

2011: A.1241/Passed S.3029/Encon
2010: A.1319/Passed S.7130/Encon
2009: A.1319/Passed S.7130/Encon

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill takes effect 180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3029--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sens. GRISANTI, DUANE, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation -- recommitted to the Committee  on  Environmental
  Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  environmental  conservation  law  and  the  general
  municipal  law,  in  relation  to  disposal  and  source separation of
  recyclable materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A. "INCINERATOR" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  B.  "LANDFILL"  SHALL  HAVE  THE  SAME  MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA  OF  THE  GENERAL
MUNICIPAL LAW.
  D.  "RECYCLABLE  MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
WHICH HAVE BEEN SEPARATED FROM OTHER SOLID  WASTE  AS  REQUIRED  BY  THE
LOCAL  RECYCLING  LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.
  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN  A  RECYCLA-
BLES   HANDLING   AND   RECOVERY  FACILITY,  USED  OIL  FACILITY,  OR  A
CONSTRUCTION AND DEMOLITION  DEBRIS  PROCESSING  FACILITY,  WHERE  SOLID
WASTE  IS  RECEIVED  FOR  THE  PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
SOLID WASTE MANAGEMENT  FACILITY  FOR  PROCESSING,  TREATING,  DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04842-06-2

S. 3029--A                          2

  F.  "TRANSPORTER"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
  2.  A.  NO TRANSPORTER SHALL COMMINGLE RECYCLABLE MATERIALS WITH OTHER
SOLID WASTE, OR CAUSE RECYCLABLE MATERIALS TO BE COMMINGLED  WITH  OTHER
SOLID WASTE.
  B.  NO  TRANSPORTER  SHALL  DELIVER  RECYCLABLE MATERIALS TO, OR CAUSE
RECYCLABLE MATERIALS TO BE DELIVERED TO:  (I)  AN  INCINERATOR;  (II)  A
LANDFILL; (III) A TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS ARE
KEPT  SEPARATED FROM OTHER SOLID WASTE; OR (IV) ANYONE WHO THE TRANSPOR-
TER KNOWS OR SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS
WITH OTHER SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCIN-
ERATOR OR A LANDFILL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL ACCEPT RECYCLABLE
MATERIALS FOR DISPOSAL.
  D. NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE RECYCLABLE  MATE-
RIALS  WITH OTHER SOLID WASTE, OR TRANSFER RECYCLABLE MATERIALS OR CAUSE
RECYCLABLE MATERIALS TO BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR
DISPOSAL.
  S 2. Paragraphs b and c of subdivision 2  of  section  120-aa  of  the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  b.  [For  purposes  of this section, "components" shall include paper,
glass, metals, plastics, garden and yard waste, and  may  include  other
elements  of  solid waste.] NO LATER THAN JULY FIRST, TWO THOUSAND THIR-
TEEN, A MUNICIPALITY SHALL ADOPT A LOCAL LAW  OR  ORDINANCE  TO  REQUIRE
THAT  RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH HAS
BEEN LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF  SUCH
WASTE  TO  A  SOLID  WASTE  MANAGEMENT  FACILITY.  FOR  PURPOSES OF THIS
SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS
CONTAINERS, METAL CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1  CODE)  AND
HIGH  DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II) CORRUGATED
CARDBOARD CONTAINERS AND PAPER BOARD; (III)  MIXED  PAPER  GENERATED  BY
NON-RESIDENTIAL  ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF MORE
THAN FOUR DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE  OR  OTHER
MATERIALS  FOR  WHICH  THE MUNICIPALITY DETERMINES THAT ECONOMIC MARKETS
FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE
SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING.
  c. Prior to [exercising the authority of this section to enact such  a
local  law  or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH (IV)
OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public
hearing relating to its proposed provisions and shall give due consider-
ation to existing  source  separation,  recycling  and  [other  resource
recovery]  SOLID  WASTE DISPOSAL activities in the area, to the adequacy
of markets for separated materials, and to  any  additional  effort  and
expense  to  be incurred by residents in meeting the proposed separation
requirements. The authority provided in this section shall be  in  addi-
tion  to  and  without  limitation  upon the authority vested in munici-
palities under any other statute.
  S 3. Severability.   If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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