Senate Bill S8051

                                BILL NUMBER:S8051

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
development of a biofuel and biodiesel industry

PURPOSE:
This bill amends the Environmental Conservation Law general functions,
powers and duties provision to enable the Department of Environmental
Conservation and the Commissioner to facilitate the development of a
biofuel and biodiesel industry by allowing for the registration of
facilities that use non-combustion, non-incineration technologies to
convert solid waste into a fuel or diesel product. The registration
process, as opposed to the complex permitting process under the Part
360 solid waste regulations, is a far more simplified process to
commence a facility and the Department still has all of its
enforcement authority if the facility fails to comply with applicable
solid waste and air law and regulations in the operation of the
facility.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE
HISTORY AND STATEMENT IN SUPPORT:
This bill amends ECL § 3-0301 (1) by adding a new paragraph 00. to
encourage recycling, reuse and reduction of waste products by
facilitating the registration of facilities that use non-combustion,
              

non-incineration technologies to convert solid waste into a fuel or
diesel product.
Existing regulations in 6 N.Y.C.R.R. §360-3.1(c) already allows for
the registration rather than a permit of "[a]n energy recovery
incinerator or solid waste pyrolysis unit that accepts off-site
generated solid waste as alternate fuels ... provided such waste is
non-hazardous, non-putrescible, recognizable, unadulterated and
uncontaminated. This bill clarifies that all non-combustion,
non-incineration technologies should be encouraged since these new
technologies have minimal to no air emissions and further the State's
goals of recycling over landfill disposal as provided in ECL §27-0106
provides for the following priorities for solid waste management (the
"Solid Waste Hierarchy"):

In the interest of public health, safety and welfare and in order to
conserve energy and natural resources, the state of New York, in
enacting this section, establishes as its policy that:

1. The following are the solid waste management priorities in this
state:

(a) first, to reduce the amount of solid waste generated;

(b) second, to reuse material for the purpose for which it was
originally intended or to recycle material that cannot be reused;

(c) third, to recover, in an environmentally acceptable manner, energy
from solid waste that can not be economically and technically reused
or recycled.

FISCAL IMPLICATIONS:
This bill will result in savings to the State Financial Plan in future
years since the statewide cost of solid waste disposal will be
reduced if more solid waste is converted into fuel or diesel
products. There will be no additional administrative costs because
the registration process involves minimal Department of Environmental
Conservation staff oversight and there are existing staff to provide
this function.

EFFECTIVE DATE:
This bill takes effect immediately.