NY State Senate Bill 2011-S2563

Senate Bill S2563

2011-2012 Legislative Session

Permits different standards relating to approval of the solid waste management plan in N.Y. city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2011	referred to cities

2011-S2563 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: General Municipal Law
Laws Affected:: Amd §120-aa, Gen Muni L; amd §27-0107, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S1007

2011-S2563 (ACTIVE) - Summary

Permits different standards to be employed for department of environmental conservation approval of solid waste management plans of cities of 1 million or more population submitted to it; ensures that municipalities with a population of one million or more have the flexibility to determine the most efficient method of implementing local recycling programs.

2011-S2563 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2563

TITLE OF BILL:
An act
to amend the general municipal law and the environmental conservation
law, in relation to the solid waste management plan in cities with a
population of one million or more

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends § 27-0107 of the
Environmental Conservation Law and § 120-aa of the General Municipal
Law to insure that municipalities with a population of one million or
more have the flexibility to determine the most efficient method of
implementing local recycling programs.

JUSTIFICATION:
The 1988 Solid Waste Management Act amended § 120-aa of
the General Municipal Law to require municipalities to adopt by
September 1, 2002, a local source separation law for recyclable,
reusable or other separable components of the solid waste stream for
which economic markets for alternate uses exist. In § 27-0106(2) of
the Environmental Conservation Law, the Legislature clearly indicated
that localities are to have primary responsibility for implementing
waste reduction and recycling programs.

In response to the 1988 Act's requirement that municipalities adopt

recycling laws by September 1, 1992, the New York City Council, in
April of 1989, enacted Local Law 19 which established the framework
for the City's recycling program. Local Law 19 required that the
City's residential recycling program, which at the time of Local Law
19's enactment was in the pilot stage, be expanded citywide in
stages. It is our understanding that § 120-aa allows a reasonable
time for implementation of the recycling program. This bill clarifies
that the City has until September 1, 2002 to provide for the
mandatory separation of recyclable, reusable or, other components of
solid waste for which economic markets for alternate uses exist.

In addition, Local Law 19 requires commercial sector recycling. In
June 1991, commercial recycling rules issued pursuant to Local Law 19
went into effect. These rules require the recycling of several
materials by commercial generators by November 29, 1991 (high-grade
office paper, corrugated cardboard, metals, and certain components of
construction and demolition debris) The rules also require the
recycling of additional materials over the next few years. While
Local Law 19 requires source separation of residential waste, it does
not similarly require source separation of commercial waste. Section
16-306 of Local Law 19 permits generators of private-carter collected
waste either to source separate designated recyclable materials or to
arrange for the post-collection separation of those materials.
Although it may be argued that local Law 19 complies with General
Municipal Law §120-aa by insuring that the policy goals of recycling
are achieved and provides for a substantial
amount of source separation, this bill amends § 120-aa and § 27-0107
to insure that post-collection separation is an option available in
New York City. In order for recycling to be successful, the City
needs the flexibility to try various approaches to recyclable


collection. For many businesses throughout the City, post-collection
separation for certain materials may make better environmental and
economic sense. Source-separation may require multiple collections
and, therefore, multiple trucks. The environmental benefits from
post-collection separation may include potentially less truck traffic
on already crowded city streets, and less pollution, noise, and
energy usage through the avoidance of such traffic.
Additionally, smaller businesses, which comprise a significant portion
of the City's commercial sector, would be spared the financial burden
of paying for multiple collections and of acquiring space for the
storage of source separated materials. The separation and collection
options available to the City must be flexible in order to
accommodate the unique circumstances of the various sectors required
to implement recycling programs. Therefore, § 27-0107 of the
Environmental Conservation Law and § 120-aa of the General Municipal
Law should be amended to insure that the City have flexibility to
determine the most economically and environmentally efficient method
of implementing the State's recycling mandates by September 1, 2002.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S2563 (ACTIVE) - Bill Text download pdf

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

                                  2563

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 25, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general municipal law and the environmental  conser-
  vation  law,  in relation to the solid waste management plan in cities
  with a population of one million or more

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

  Section  1.  Paragraph  a  of  subdivision  2 of section 120-aa of the
general municipal law, as amended by chapter 70 of the laws of 1988,  is
amended to read as follows:
  a.  Pursuant  to  the authority of this section, EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF SECTION 27-0107  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW, no later than September first, nineteen hundred ninety-two, a muni-
cipality shall adopt such a local law or ordinance to require that solid
waste  which  has  been left for collection or which is delivered by the
generator of such waste to a solid waste management facility,  shall  be
separated  into recyclable, [reuseable] REUSABLE or other components for
which economic markets for alternate uses exist.  For purposes  of  this
section,  the  term  "economic markets" refers to instances in which the
full avoided costs of proper collection, transportation and disposal  of
source  separated  materials  are  equal  to or greater than the cost of
collection, transportation and sale of said  material  less  the  amount
received from the sale of said material.
  S  2.  Subdivision 2 of section 27-0107 of the environmental conserva-
tion law is renumbered subdivision 3 and a new subdivision 2 is added to
read as follows:
  2. THE PLAN, OR ANY MODIFICATION THEREOF, SUBMITTED BY A PLANNING UNIT
COMPRISED OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WILL  BE
IN  EFFECT  FOR  SUCH PLANNING UNIT IF THE DEPARTMENT FINDS IN APPROVING
THE PLAN OR MODIFICATION THEREOF THAT THE PLAN, OR THE PLAN AS MODIFIED,
CONTAINS THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION  ONE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06801-01-1

S. 2563                             2

THIS  SECTION  AND  EITHER CONFORMS TO REQUIREMENTS SET FORTH IN SECTION
ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW OR:
  (A)  DEMONSTRATES THE PLANNING UNIT'S EFFORTS TO ACHIEVE, TO THE MAXI-
MUM EXTENT PRACTICABLE, EITHER PRIOR TO  OR  FOLLOWING  COLLECTION,  THE
GOALS  OF  THE  STATE POLICY ON SOLID WASTE MANAGEMENT AS ARTICULATED IN
SECTION 27-0106 OF THIS TITLE AND AS  ESTABLISHED  IN  THE  STATE  SOLID
WASTE  MANAGEMENT  PLAN  PREPARED  PURSUANT  TO  SECTION 27-0103 OF THIS
TITLE; AND
  (B) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED FOR THE MANDATORY
SEPARATION, EITHER PRIOR TO OR FOLLOWING COLLECTION, BY SEPTEMBER FIRST,
TWO THOUSAND TWELVE, OF RECYCLABLE,  REUSABLE  OR  OTHER  COMPONENTS  OF
SOLID WASTE FOR WHICH ECONOMIC MARKETS FOR ALTERNATE USES EXIST, AND FOR
CONTINUING  MONITORING  AND  ENFORCEMENT TO ACHIEVE THE RECOVERY OF SUCH
COMPONENTS; AND
  (C) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED  THAT  THE  SOLID
WASTE  TO  BE  SEPARATED  FOLLOWING  COLLECTION IS GENERATED SOLELY FROM
COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL SOURCES; AND
  (D) PROVIDES, OR DEMONSTRATES THAT THE PLANNING UNIT HAS  ESTABLISHED,
A SCHEDULE FOR THE ESTABLISHMENT BY SEPTEMBER FIRST, TWO THOUSAND EIGHT,
OF  ENFORCEABLE MEASURES WHICH MINIMIZE CONTAMINATION AND MAXIMIZE MARK-
ETABILITY OF RECYCLABLE, REUSABLE OR OTHER  COMPONENTS  OF  SOLID  WASTE
RECOVERED FOLLOWING COLLECTION; AND
  (E)  PROVIDES, OR DEMONSTRATES THAT THE PLANNING UNIT HAS ESTABLISHED,
A SCHEDULE FOR  THE  ESTABLISHMENT  BY  SEPTEMBER  FIRST,  TWO  THOUSAND
TWELVE, OF ENFORCEABLE MEASURES FOR THE REPORTING OF THE POST-COLLECTION
SEPARATION  PROCESSES,  AND  THE  SALE  OR  DISPOSITION OF THE SEPARATED
COMPONENTS AND RESIDUES; AND
  (F) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED OR  WILL  PROVIDE
BY  SEPTEMBER  FIRST, TWO THOUSAND TWELVE, FOR SEPARATION OF SOLID WASTE
INTO RECYCLABLE, REUSABLE OR OTHER COMPONENTS FOLLOWING COLLECTION  ONLY
AT  SOLID  WASTE  MANAGEMENT  FACILITIES  OPERATING  PURSUANT TO A VALID
PERMIT OR ORDER ISSUED BY THE DEPARTMENT OR OTHERWISE  LAWFULLY  OPERAT-
ING; AND
  (G)  ANNUALLY  DEMONSTRATES  FINANCIAL COMMITMENT, AS REFLECTED IN THE
RELEVANT PORTIONS OF  THE  PLANNING  UNIT'S  FOUR-YEAR  FINANCIAL  PLAN,
NECESSARY  TO  ACHIEVE THE MANDATORY SEPARATION, BY SEPTEMBER FIRST, TWO
THOUSAND TWELVE, OF COMPONENTS OF SOLID WASTE AS SET FORTH IN  PARAGRAPH
(B) OF THIS SUBDIVISION.
  S 3.  This act shall take effect immediately.

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