S T A T E   O F   N E W   Y O R K
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                                  4127

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the general municipal law, in relation to locally gener-
  ated solid waste

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

  Section  1.  Legislative  intent.  In order to further the purposes of
federal and state policies on solid waste management articulated in  the
federal  resource  conservation  and recovery act of 1976 ("The congress
finds with respect to solid  waste  ...  that  ...  the  collection  and
disposal of solid wastes should continue to be primarily the function of
state,  regional, and local agencies ....") and the New York state solid
waste management act of 1988 ("A state-local partnership, in  which  the
basic  responsibility  for  the  planning  and  operation of solid waste
management facilities remains  with  local  governments  and  the  state
provides  necessary  guidance  and assistance, must be forged ..."), the
legislature hereby finds that it is in the public interest to  authorize
municipal  corporations  to adopt local laws, ordinances and resolutions
asserting title to all or any component of solid waste that is left  for
collection within their boundaries.
  S  2.  The  general  municipal  law is amended by adding a new section
120-dd to read as follows:
  S 120-DD. ASSERTION OF TITLE TO SOLID WASTE BY MUNICIPAL CORPORATIONS.
1.  PURSUANT TO THE AUTHORITY OF THIS SECTION, A  MUNICIPAL  CORPORATION
MAY  ADOPT  A LOCAL LAW, ORDINANCE OR RESOLUTION DECLARING, CLAIMING AND
ASSERTING TITLE OR CONTINGENT TITLE TO ALL OR  ANY  COMPONENT  OF  SOLID
WASTE WHICH HAS BEEN LEFT FOR COLLECTION WITHIN ITS BOUNDARIES. ANY SUCH
LOCAL LAW, ORDINANCE OR RESOLUTION MAY DISTINGUISH AMONG DIFFERENT CATE-
GORIES  OR  COMPONENTS  OF  SOLID  WASTE,  INCLUDING  BUT NOT LIMITED TO
RECYCLABLE OR REUSABLE MATERIALS, AND "SECONDARY MATERIALS"  AS  DEFINED
BY  SECTION  27-0401 OF THE ENVIRONMENTAL CONSERVATION LAW. FOR PURPOSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07476-01-1
              

A. 4127                             2

OF THIS SECTION, THE TERM "SOLID WASTE" SHALL HAVE THE SAME  MEANING  AS
SET  FORTH IN SECTION 27-0501 OF THE ENVIRONMENTAL CONSERVATION LAW, AND
THE TERM "CONTINGENT TITLE" SHALL MEAN THAT A MUNICIPAL CORPORATION  MAY
CLAIM  OR  ASSERT TITLE TO SOLID WASTE SUBJECT TO CONDITIONS ESTABLISHED
BY LOCAL LAW, ORDINANCE, OR RESOLUTION OF THE MUNICIPAL CORPORATION.
  2. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION OF A  MUNICIPAL  CORPO-
RATION  WHICH  IS  A  SOLID  WASTE  MANAGEMENT  PLANNING UNIT SHALL TAKE
PRECEDENCE AND SUPERSEDE THAT OF  ANY  OTHER  MUNICIPAL  CORPORATION  OR
MUNICIPAL  CORPORATIONS  LOCATED WITHIN SUCH PLANNING UNIT. IF, HOWEVER,
THE PLANNING UNIT IS NOT A MUNICIPAL CORPORATION, THEN  ANY  SUCH  LOCAL
LAW,  ORDINANCE  OR RESOLUTION ADOPTED BY A COUNTY, OTHER THAN THE COUN-
TIES OF NASSAU AND SUFFOLK, SHALL TAKE PRECEDENCE  AND  SHALL  SUPERSEDE
THAT  OF  ANY  OTHER  MUNICIPAL  CORPORATION  OR  MUNICIPAL CORPORATIONS
LOCATED WITHIN SAID COUNTY. IN THE COUNTIES OF NASSAU  AND  SUFFOLK,  IF
THE  PLANNING  UNIT  IS NOT A MUNICIPAL CORPORATION, THEN ANY SUCH LOCAL
LAW, ORDINANCE OR RESOLUTION ADOPTED BY A TOWN SHALL TAKE PRECEDENCE AND
SHALL SUPERSEDE THAT OF ANY OTHER  MUNICIPAL  CORPORATION  OR  MUNICIPAL
CORPORATIONS LOCATED WITHIN SUCH TOWN. FOR PURPOSES OF THIS SECTION, THE
TERM "PLANNING UNIT" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
27-0107 OF THE ENVIRONMENTAL CONSERVATION LAW.
  3.  PRIOR  TO EXERCISING THE AUTHORITY OF THIS SECTION TO ENACT SUCH A
LOCAL LAW, ORDINANCE OR  RESOLUTION,  THE  PLANNING  UNIT  OR  MUNICIPAL
CORPORATION  SHALL  HOLD  A  PUBLIC  HEARING  RELATING  TO  ITS PROPOSED
PROVISIONS, AND ANY SUCH LOCAL LAW SHALL BE ADOPTED IN  ACCORDANCE  WITH
THE  PROCEDURE  PROVIDED  BY THE MUNICIPAL HOME RULE LAW, EXCEPT THAT NO
SUCH LOCAL LAW SHALL BE SUBJECT TO EITHER MANDATORY OR PERMISSIVE REFER-
ENDUM.
  S 3. Severability.  The provisions of this act shall be severable  and
if  any  portion  thereof  or the applicability thereof to any person or
circumstances shall be held invalid, the remainder of this act  and  the
application thereof shall not be affected thereby.
  S 4. This act shall take effect immediately.