NY State Senate Bill 2017-S2039

Senate Bill S2039

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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 03, 2018	referred to environmental conservation
Jan 11, 2017	referred to environmental conservation

2017-S2039 (ACTIVE) - Details

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 Other Legislative Sessions:: 2009-2010: S7130
2011-2012: S3029
2013-2014: S719
2015-2016: S5404

2017-S2039 (ACTIVE) - 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.

2017-S2039 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2039

 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 OR GENERAL IDEA OF BILL :

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 :

§ 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.

§2 of the bill amends paragraphs (b) and (c) of subdivision 2 of
section 120-aa of the General Municipal Law to specify which materials
must at a minimum be separated for recycling pursuant to a local
recycling law.

§ 3 of the bill contains a severability clause.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

Pursuant to General Municipal Law § 120-aa, every municipality must
enact a local law requiring the separation of recyclable materials as
defined in subdivision 2(b). This bill would close the existing
markets loophole contained in the current provision.

 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.

New York State has come a long way since 1985 in statewide recycling
practices. 20 years of experience has allowed the Department of
Environmental Conservation (DEC) and Empire State Development (ESD) to
easily identify materials that are common to most programs in the
state and that have had consistently viable markets.

The state is using its purchasing power to expand the demand for
products that contain recycled content. Governor Mario Cuomo's
Administration issued Executive Order 142 in 1991, which declared that
it shall be NYS policy to practice source separation at all of its
agencies and to promote the practice of purchasing recycled products
to ensure that a market exists. Just recently, the Paterson
Administration issued Executive Order 4, which requires OGS to develop
a comprehensive Been purchasing program. Governor Andrew Cuomo has
vowed to continue this initiative in his administration.

After the Environmental Protection Fund (EPF) was established in 1993,
ESD created the Environmental Investment Program (EIP). Since its
establishment EIP has created:

>New capacity to recycle 3.3 million tons/year of secondary materials
>Created or retained 4,800 jobs
>Created a recurring economic benefit estimated at 5279.63 million per
year


While progress has been made in expanding recycling capacity and
developing .secondary materials markets, nearly 65% of the total state
managed materials and about 80% of Municipal Solid Waste (MSW), ends
up in land- fills, even though land filling is statutorily the last
resort. The combination of recycling loopholes, planned obsolescence,
the growth of convenience products, and the advance of technology, has
stalled progress toward an absolute reduction of generated waste.

This bill would close the "existing market" loophole which has allowed
transporters to justify diverting recyclable materials to landfills or
incinerators. It also specifies materials required for separation, but
does not limit a municipality from including other items that they can
find a market for.

The "existing market" clause has proven to be cumbersome in practice,
creating confusion and potentially undermining the value of recycled
materials because a reliable supply of material is critical to
justifying private capital investment in secondary materials markets.
Most programs have continuously collected the same materials for much
of the past two decades despite periodic dips in market values.

 PRIOR LEGISLATIVE HISTORY :

This bill was first introduced as an Attorney General Program Bill in
2000. It has been introduced in each session since the initial
introduction, with passage in the Assembly nine times.
2013-14: A.3754-A/Passed; S.719-B/EnCon
2012: A.1241-A/Passed; S.3029- A/Encon
2011: A.1241/Passed; S.3029/Encon
2010: A.1319/Passed; S.7130/Encon
2009: A.1319/Passed; S.7130/Encon

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This bill takes effect 180 days after enactment.

2017-S2039 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2039
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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:
 § 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.
   F.  "TRANSPORTER"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
 TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01189-01-7

 S. 2039                             2
 
   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.
   § 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 NINE-
 TEEN, 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,  REUSABLE  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.
   § 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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