senate Bill S719A

Amended

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3754
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, A1241A
2009-2010: S7130, A1319
2007-2008: A3318, A3318

Sponsor Memo

BILL NUMBER:S719A

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 Knowingly 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 recy-
cling 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 munici-
pality must enact a local law requiring the separation of recyclable
materials for which an economic market for 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--A

                       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
  -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04063-02-3

S. 719--A                           2

SOLID  WASTE  MANAGEMENT  FACILITY  FOR  PROCESSING, TREATING, DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.
  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 KNOWINGLY COMMINGLE  MATERIALS  WITH  OTHER
SOLID  WASTE  OR  KNOWINGLY  CAUSE MATERIALS TO BE COMMINGLED WITH OTHER
SOLID WASTE IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  B. NO TRANSPORTER SHALL KNOWINGLY DELIVER MATERIALS THAT ARE  RECYCLA-
BLE MATERIALS TO, OR KNOWINGLY CAUSE MATERIALS THAT ARE RECYCLABLE MATE-
RIALS  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 TRANSPORTER KNOWS OR
SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS  WITH  OTHER
SOLID  WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCINERATOR OR A
LANDFILL FOR DISPOSAL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY  ACCEPT
MATERIALS FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  D. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE MATERI-
ALS  WITH  OTHER  SOLID WASTE OR CAUSE MATERIALS TO BE TRANSFERRED TO AN
INCINERATOR OR LANDFILL FOR DISPOSAL IF SUCH  MATERIALS  ARE  RECYCLABLE
MATERIALS.
  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

S. 719--A                           3

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.