Assembly Bill A11032

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11032
 
                           I N  A S S E M B L Y
 
                              April 23, 2026
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the  environmental  conservation  law;  in  relation  to
   directing state agencies to adopt a waste diversion plan
 
   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 27-0111 to read as follows:
 § 27-0111. STATE ENTITIES WASTE REDUCTION AND DIVERSION.
   1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   (A) "AFFECTED ENTITIES" SHALL MEAN ANY AGENCY OR DEPARTMENT OVER WHICH
 THE  GOVERNOR  HAS  EXECUTIVE AUTHORITY, INCLUDING ALL OFFICES AND DIVI-
 SIONS THEREOF, AS WELL AS ALL PUBLIC AUTHORITIES FOR WHICH THE  GOVERNOR
 APPOINTS  THE  CHAIR,  THE  CHIEF  EXECUTIVE,  OR  THE MAJORITY OF BOARD
 MEMBERS, INCLUDING ALL OFFICES AND DIVISIONS  THEREOF,  EXCEPT  FOR  THE
 PORT  AUTHORITY OF NEW YORK AND NEW JERSEY. THIS SHALL INCLUDE THE STATE
 UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK.
   (B) "COUNCIL" SHALL MEAN THE  GREENNY  COUNCIL,  CREATED  PURSUANT  TO
 EXECUTIVE  ORDER TWENTY-TWO ON SEPTEMBER TWENTIETH, TWO THOUSAND TWENTY-
 TWO.
   2. (A) THE COUNCIL SHALL BE COMPRISED OF THE COMMISSIONER OF  ENVIRON-
 MENTAL  CONSERVATION;  THE  DIRECTOR  OF THE DIVISION OF THE BUDGET; THE
 COMMISSIONER OF  GENERAL  SERVICES;  THE  COMMISSIONER  OF  HEALTH;  THE
 COMMISSIONER  OF  ECONOMIC  DEVELOPMENT; THE COMMISSIONER OF TRANSPORTA-
 TION; THE COMMISSIONER OF PARKS, RECREATION, AND HISTORIC  PRESERVATION;
 THE PRESIDENT OF THE ENVIRONMENTAL FACILITIES CORPORATION; THE PRESIDENT
 OF  THE  NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; THE
 PRESIDENT OF THE NEW YORK POWER AUTHORITY; THE PRESIDENT OF THE DORMITO-
 RY AUTHORITY OF THE STATE OF NEW YORK; AND THE CHIEF  EXECUTIVE  OFFICER
 OF THE METROPOLITAN TRANSPORTATION AUTHORITY.
   (B) MEMBERS OF THE COUNCIL MAY DESIGNATE A STAFF MEMBER, AND AN ALTER-
 NATE, TO REPRESENT THEM AND PARTICIPATE ON THE COUNCIL ON THEIR BEHALF.
   (C)  THE  COUNCIL  SHALL  BE LED AND CO-CHAIRED BY THE COMMISSIONER OF
 GENERAL SERVICES, THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION,  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11202-04-6
 A. 11032                            2
 
 DIRECTOR  OF  THE  DIVISION OF THE BUDGET, THE PRESIDENT OF THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND  THE  PRESIDENT  OF
 THE NEW YORK POWER AUTHORITY, OR THEIR DESIGNEES. THE DAY-TO-DAY WORK OF
 THE  COUNCIL  SHALL BE PERFORMED BY EXECUTIVE AND PROGRAM STAFF OF THESE
 LEADERSHIP AGENCIES AND AUTHORITIES,  IN  CONSULTATION  WITH  ANY  OTHER
 AGENCY OR AUTHORITY STAFF THAT PARTICIPATE IN COUNCIL WORK.
   3.  (A) ALL AFFECTED ENTITIES, IN CONSULTATION WITH THE DEPARTMENT AND
 THE COUNCIL, SHALL CREATE A WASTE DIVERSION PLAN AND FILE SUCH PLAN WITH
 THE COUNCIL, THAT OUTLINES HOW THEY WILL ACHIEVE  A  DECREASE  IN  WASTE
 DISPOSAL  OF TEN PERCENT EVERY FIVE YEARS FROM A BASELINE OF FISCAL YEAR
 TWO THOUSAND EIGHTEEN-TWO THOUSAND NINETEEN, UNTIL REACHING A GOAL OF AN
 OVERALL SEVENTY-FIVE PERCENT DECREASE.
   (B) WASTE DATA REPORTED FOR THESE GOALS SHALL BE BROKEN OUT  INTO  THE
 FOLLOWING CATEGORIES:
   (I) RECYCLED MATERIALS;
   (II) COMPOSTABLE MATERIALS AND OTHER ORGANICS;
   (III)  MATERIAL  SENT TO LANDFILLS, INCLUDING CONSTRUCTION AND DEMOLI-
 TION WASTE; AND
   (IV) SPECIAL WASTE, INCLUDING HAZARDOUS WASTE.
   (C) THE WASTE DIVERSION PLAN SHALL INCORPORATE AT LEAST THE  FOLLOWING
 ELEMENTS:
   (I)  A  SCHEDULE FOR CONDUCTING ROUTINE WASTE AUDITS OF FACILITIES AND
 HOW THE FINDINGS FROM THE WASTE AUDIT  WILL  BE  UTILIZED  IN  ADVANCING
 WASTE REDUCTION;
   (II)  A  PLAN  FOR  DIVERTING ORGANIC WASTE FROM LANDFILLS TO MEET THE
 DIVERSION GOALS;
   (III) IDENTIFYING ALL INSTANCES WHERE SINGLE-USE PLASTICS ARE USED AND
 CREATING A PLAN TO ELIMINATE THEIR USE IN ALL CIRCUMSTANCES WHERE  DOING
 SO WILL NOT ENDANGER EMPLOYEE OR PUBLIC HEALTH AND SAFETY; AND
   (IV)  CONSIDERATION  OF  WHETHER THE AFFECTED ENTITY SHOULD BE TRANSI-
 TIONING TO DUAL-STREAM RECYCLING THAT SOURCE SEPARATES RECYCLABLE  ITEMS
 INTO  SUBCATEGORIES  OF  MIXED PAPER AND COMMINGLED CONTAINERS (PLASTIC,
 GLASS, AND METAL), AT ALL FACILITIES WHERE IT IS PRACTICABLE  AND  WHERE
 DUAL-STREAM  MATERIAL  RECOVERY FACILITIES ARE AVAILABLE, COST-EFFECTIVE
 AND EFFICIENT.
   (D) THE COUNCIL, IN CONSULTATION WITH THE DEPARTMENT,  SHALL  REASSESS
 THE WASTE DIVERSION GOALS OF THIS SUBDIVISION AT LEAST EVERY FIVE YEARS,
 AND  IF  THE GOALS ARE UPDATED BY THE COUNCIL, THE COUNCIL SHALL REQUIRE
 UPDATED WASTE DIVERSION PLANS TO BE SUBMITTED BY AFFECTED ENTITIES.
   4. ALL WASTE DIVERSION PLANS PREPARED PURSUANT TO THIS  SECTION  SHALL
 BE POSTED ON THE DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect immediately.