S T A T E O F N E W Y O R K
________________________________________________________________________
3785
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring state and municipal governmental entities have a recycling
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 32 to read as follows:
TITLE 32
STATE AND LOCAL GOVERNMENT RECYCLING
SECTION 27-3201. DEFINITIONS.
27-3203. REQUIRED STATE AND MUNICIPAL RECYCLING PROGRAMS.
27-3205. POWERS OF MUNICIPALITIES.
§ 27-3201. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
2. "LOCAL EDUCATION AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, COMMUNITY COLLEGE, AGRICULTURAL AND TECHNI-
CAL COLLEGE, STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY AND A
CENTER FOR ADVANCED TECHNOLOGY DESIGNATED PURSUANT TO SECTION THIRTY-ONE
HUNDRED TWO-A OF THE PUBLIC AUTHORITIES LAW, AND OTHER POSTSECONDARY
PROVIDERS OF CAREER EDUCATION AS SET FORTH ANNUALLY BY THE COMMISSIONER
AS ELIGIBLE RECIPIENTS UNDER THE FEDERAL VOCATIONAL EDUCATION ACT OF
NINETEEN HUNDRED EIGHTY-FOUR.
3. "MUNICIPALITY" MEANS ANY TOWN, VILLAGE, CITY, COUNTY, DISTRICT,
SPECIAL IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING,
BUT NOT LIMITED TO, SPECIAL DISTRICTS CREATED PURSUANT TO ARTICLE ELEV-
EN, TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN LAW, LIBRARY DISTRICTS, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07431-01-1
A. 3785 2
OTHER DISTRICTS CREATED BY LAW OR ANY DESIGNATED AGENCY OR SUBDIVISION
THEREOF INCLUDING, BUT NOT LIMITED TO, ANY COURTS, PROGRAMS AND FACILI-
TIES.
§ 27-3203. REQUIRED STATE AND MUNICIPAL RECYCLING PROGRAMS.
1. ALL STATE AGENCIES, LOCAL EDUCATION AGENCIES, MUNICIPALITIES, AND
OTHER PUBLIC ENTITIES WITHIN THE STATE SHALL CREATE A RECYCLING PROGRAM
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) INCREASE THE AMOUNT OF WASTE RECYCLED;
(B) MINIMIZE ITS GENERATION OF WASTE;
(C) REDUCE THE NEED FOR DISPOSAL OF ITS GENERATED WASTE; AND
(D) PROVIDE COLLECTION AND EDUCATIONAL RESOURCES, INCLUDING REGULAR
PERIODICAL GUIDANCE, TRAINING, UPDATES, SIGNAGE, AND FLYERS, FOR ITS
WORKFORCE AND THE PUBLIC FOR THE PURPOSES OF TEACHING AND RETAINING
EFFECTIVE PROCEDURES FOR SORTING MATERIALS FOR RECYCLING.
2. ALL STATE AGENCIES, LOCAL EDUCATION AGENCIES, MUNICIPALITIES, AND
OTHER PUBLIC ENTITIES WITHIN THE STATE SHALL PROVIDE TO THE COMMISSIONER
INFORMATION ON ITS PRACTICES, INCLUDING AMOUNTS OF WASTE MANAGED AND
RECYCLED BY VARIOUS METHODS SUCH AS THOSE IMPLEMENTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, ENTITIES OR RESOURCES UTILIZED FOR REDUCING
AND MANAGING SUCH MATERIALS, OR FINANCING MECHANISMS AND INCENTIVES
UTILIZED.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CONTRACTS IN
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RENEWALS OR EXTENSIONS
OF SUCH CONTRACTS ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
4. THE DEPARTMENT SHALL PROMOTE ACTIONS TO TAKE PURSUANT TO THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, AND FOR ALL ENTITIES
AND THE PUBLIC TO TAKE IN EFFORTS TO MANAGE WASTE AND ESTABLISH A RECY-
CLING PROGRAM IN A SIMILAR MANNER.
5. THE DEPARTMENT MAY REPORT INFORMATION TO PROMOTE IMPROVED MANAGE-
MENT WASTE AND RECYCLING PROGRAMS, INCLUDING INFORMATION ON PRACTICES
AND RESOURCES PROVIDING ASSISTANCE FOR REDUCING SUCH MATERIALS OR
PROMOTING SUCH PROGRAMS, FACILITIES ACCEPTING SUCH MATERIALS, OR FINANC-
ING MECHANISMS AND INCENTIVES AVAILABLE FOR SUCH PRACTICES AND FACILI-
TIES.
§ 27-3205. POWERS OF MUNICIPALITIES.
ALL STATE AGENCIES, LOCAL EDUCATION AGENCIES, MUNICIPALITIES, AND
OTHER PUBLIC ENTITIES WITHIN THE STATE SHALL PROMULGATE REGULATIONS,
ORDINANCES, OR LAWS TO TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO
IMPLEMENT AND ENFORCE THIS TITLE. THIS TITLE DOES NOT LIMIT THE AUTHORI-
TY OF A LOCAL GOVERNMENTAL AGENCY TO ADOPT, IMPLEMENT, OR ENFORCE
REQUIREMENTS ON MANAGEMENT OF WASTE MANAGEMENT AND RECYCLING THAT ARE
MORE STRINGENT OR COMPREHENSIVE THAT THE REQUIREMENTS OF THIS TITLE.
§ 2. This act shall take effect on the first of the month following
the one hundred eightieth day after it shall have become a law.