Bill Text: NY S02563 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-25 - REFERRED TO CITIES [S02563 Detail]
Download: New_York-2011-S02563-Introduced.html
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:
1 Section 1. Paragraph a of subdivision 2 of section 120-aa of the
2 general municipal law, as amended by chapter 70 of the laws of 1988, is
3 amended to read as follows:
4 a. Pursuant to the authority of this section, EXCEPT AS PROVIDED IN
5 SUBDIVISION TWO OF SECTION 27-0107 OF THE ENVIRONMENTAL CONSERVATION
6 LAW, no later than September first, nineteen hundred ninety-two, a muni-
7 cipality shall adopt such a local law or ordinance to require that solid
8 waste which has been left for collection or which is delivered by the
9 generator of such waste to a solid waste management facility, shall be
10 separated into recyclable, [reuseable] REUSABLE or other components for
11 which economic markets for alternate uses exist. For purposes of this
12 section, the term "economic markets" refers to instances in which the
13 full avoided costs of proper collection, transportation and disposal of
14 source separated materials are equal to or greater than the cost of
15 collection, transportation and sale of said material less the amount
16 received from the sale of said material.
17 S 2. Subdivision 2 of section 27-0107 of the environmental conserva-
18 tion law is renumbered subdivision 3 and a new subdivision 2 is added to
19 read as follows:
20 2. THE PLAN, OR ANY MODIFICATION THEREOF, SUBMITTED BY A PLANNING UNIT
21 COMPRISED OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WILL BE
22 IN EFFECT FOR SUCH PLANNING UNIT IF THE DEPARTMENT FINDS IN APPROVING
23 THE PLAN OR MODIFICATION THEREOF THAT THE PLAN, OR THE PLAN AS MODIFIED,
24 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
1 THIS SECTION AND EITHER CONFORMS TO REQUIREMENTS SET FORTH IN SECTION
2 ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW OR:
3 (A) DEMONSTRATES THE PLANNING UNIT'S EFFORTS TO ACHIEVE, TO THE MAXI-
4 MUM EXTENT PRACTICABLE, EITHER PRIOR TO OR FOLLOWING COLLECTION, THE
5 GOALS OF THE STATE POLICY ON SOLID WASTE MANAGEMENT AS ARTICULATED IN
6 SECTION 27-0106 OF THIS TITLE AND AS ESTABLISHED IN THE STATE SOLID
7 WASTE MANAGEMENT PLAN PREPARED PURSUANT TO SECTION 27-0103 OF THIS
8 TITLE; AND
9 (B) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED FOR THE MANDATORY
10 SEPARATION, EITHER PRIOR TO OR FOLLOWING COLLECTION, BY SEPTEMBER FIRST,
11 TWO THOUSAND TWELVE, OF RECYCLABLE, REUSABLE OR OTHER COMPONENTS OF
12 SOLID WASTE FOR WHICH ECONOMIC MARKETS FOR ALTERNATE USES EXIST, AND FOR
13 CONTINUING MONITORING AND ENFORCEMENT TO ACHIEVE THE RECOVERY OF SUCH
14 COMPONENTS; AND
15 (C) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED THAT THE SOLID
16 WASTE TO BE SEPARATED FOLLOWING COLLECTION IS GENERATED SOLELY FROM
17 COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL SOURCES; AND
18 (D) PROVIDES, OR DEMONSTRATES THAT THE PLANNING UNIT HAS ESTABLISHED,
19 A SCHEDULE FOR THE ESTABLISHMENT BY SEPTEMBER FIRST, TWO THOUSAND EIGHT,
20 OF ENFORCEABLE MEASURES WHICH MINIMIZE CONTAMINATION AND MAXIMIZE MARK-
21 ETABILITY OF RECYCLABLE, REUSABLE OR OTHER COMPONENTS OF SOLID WASTE
22 RECOVERED FOLLOWING COLLECTION; AND
23 (E) PROVIDES, OR DEMONSTRATES THAT THE PLANNING UNIT HAS ESTABLISHED,
24 A SCHEDULE FOR THE ESTABLISHMENT BY SEPTEMBER FIRST, TWO THOUSAND
25 TWELVE, OF ENFORCEABLE MEASURES FOR THE REPORTING OF THE POST-COLLECTION
26 SEPARATION PROCESSES, AND THE SALE OR DISPOSITION OF THE SEPARATED
27 COMPONENTS AND RESIDUES; AND
28 (F) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED OR WILL PROVIDE
29 BY SEPTEMBER FIRST, TWO THOUSAND TWELVE, FOR SEPARATION OF SOLID WASTE
30 INTO RECYCLABLE, REUSABLE OR OTHER COMPONENTS FOLLOWING COLLECTION ONLY
31 AT SOLID WASTE MANAGEMENT FACILITIES OPERATING PURSUANT TO A VALID
32 PERMIT OR ORDER ISSUED BY THE DEPARTMENT OR OTHERWISE LAWFULLY OPERAT-
33 ING; AND
34 (G) ANNUALLY DEMONSTRATES FINANCIAL COMMITMENT, AS REFLECTED IN THE
35 RELEVANT PORTIONS OF THE PLANNING UNIT'S FOUR-YEAR FINANCIAL PLAN,
36 NECESSARY TO ACHIEVE THE MANDATORY SEPARATION, BY SEPTEMBER FIRST, TWO
37 THOUSAND TWELVE, OF COMPONENTS OF SOLID WASTE AS SET FORTH IN PARAGRAPH
38 (B) OF THIS SUBDIVISION.
39 S 3. This act shall take effect immediately.
