senate Bill S719

Amended

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

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Feb / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 06 / Feb / 2013
    • PRINT NUMBER 719A
  • 09 / Oct / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 09 / Oct / 2013
    • PRINT NUMBER 719B
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

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

Versions:
S719
S719A
S719B
Legislative Cycle:
2013-2014
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:
2011-2012: S3029A
2009-2010: S7130
2007-2008: A3318

Sponsor Memo

BILL NUMBER:S719

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:
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:
Section 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.

Section 2 of the bill amends Section 120-aa(2) of the General
Municipal Law to specify which materials must at a minimum be
separated for recycling pursuant to a local recycling law.

Section 3 of the bill contains a severability clause.

The bill takes effect 180 days following enactment.

EXISTING LAW:
Pursuant to General Municipal Law § 120-aa, every municipality must
law requiring the separation of recyclable materials for which an
economic alternative uses exists.

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.

PRIOR LEGISLATIVE HISTORY:
S.3029A Referenced to Senate Environmental Conservation Committee

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
________________________________________________________________________

                                   719

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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.
                                                           LBD04063-01-3

S. 719                              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
FIFTEEN, 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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