Bill Text: NY S07075 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the establishment of a small business and household pollution prevention program, including collection events and grants therefor with matching funds required; offers pollution prevention assessments to small businesses; offers technical assistance to collection contractors; provides for educational materials.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07075 Detail]
Download: New_York-2017-S07075-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7075 IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sen. KAVANAGH -- 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, in relation to creating a small business and household pollution prevention program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 30 to read as follows: 3 TITLE 30 4 SMALL BUSINESS AND HOUSEHOLD 5 POLLUTION PREVENTION PROGRAM 6 Section 27-3001. Legislative findings. 7 27-3003. Definitions. 8 27-3005. Small business and household pollution prevention 9 program. 10 27-3007. Small business hazardous substance collection program. 11 27-3009. Household hazardous substance collection program. 12 27-3011. Regulations. 13 27-3013. Grants for small business and household pollution 14 prevention programs. 15 27-3015. Grants for collection events. 16 § 27-3001. Legislative findings. 17 The legislature finds and declares as follows: 18 1. It is the goal of the state to achieve a goal of zero discharge of 19 pollutants into our air, water, and land. This goal will not be 20 achieved with traditional methods of regulating pollutants after they 21 are generated through voluntary pollution prevention measures, recogniz- 22 ing this goal may not be completely achievable by some. 23 2. Education, demonstration project, and technical assistance programs 24 on pollution prevention are essential to help small and medium sized 25 businesses achieve the zero discharge goal and help the public conserve 26 resources, reduce the volume and toxicity of wastes, and recycle or 27 reclaim wastes. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11715-01-7S. 7075 2 1 3. Hazardous substances and other wastes generated by small businesses 2 and households may present dangers to the public health and the environ- 3 ment if managed improperly. These dangers can be greatly reduced by 4 pollution prevention techniques, including source reduction, energy 5 conservation, waste minimization, reduction in the toxicity of wastes 6 generated, beneficial use, reuse, recycling, and reclamation. 7 4. Traditional "end-of-pipe" pollution control techniques often result 8 in the transfer of pollutants from one environmental medium to another. 9 Pollution prevention and source reduction techniques reduce pollution 10 forming in the first place and lessen transfers among air, water, and 11 land. 12 § 27-3003. Definitions. 13 The following words and phrases when used in this title shall have the 14 meanings given to them in this section unless the context clearly indi- 15 cates otherwise: 16 1. "Collection contractor." A person registered and approved by the 17 department and retained by a sponsor to operate a waste collection event 18 for eligible entities under this title. 19 2. "Collection event." An event or program that includes collection 20 and management of solid wastes from eligible entities under this title. 21 The term includes one-day waste collection programs and waste collection 22 programs that are designed for continuous or ongoing operation through- 23 out a designated period of time. 24 3. "Eligible entity." A household, a political subdivision of the 25 state, or a small business. 26 4. "Hazardous substance." Hazardous waste as defined in subdivision 27 one of section 27-1301 of this article. 28 5. "Municipality." A county, city, town, or village. 29 6. "Pollution prevention assessment." An evaluation designed to iden- 30 tify opportunities to eliminate and reduce pollution or reuse waste 31 materials. 32 7. "Program." The small business and household pollution prevention 33 program created by section 27-3005 of this title. 34 8. "Small business." A business entity that is so defined in section 35 one hundred thirty-one of the economic development law. 36 9. "Sponsor." A municipality, corporation, public utility, trade asso- 37 ciation, not-for-profit corporation, not-for-profit association, or 38 other person sponsoring a collection event or small business and house- 39 hold pollution prevention program for eligible entities under this 40 title. 41 10. "Universal waste." Has the meaning provided for in paragraph f of 42 subdivision one of section 27-0923 of this article. 43 § 27-3005. Small business and household pollution prevention program. 44 1. Establishment. The department shall establish the small business 45 and household pollution prevention program for educating and providing 46 assistance to small businesses and the general public in pollution 47 prevention and the proper management of solid wastes and hazardous 48 substances generated in households and small businesses. 49 2. Educational materials. The department shall develop educational 50 materials for the operation of the program in consultation with small 51 businesses, trade associations, educational institutions, and appropri- 52 ate advisory committees. 53 3. Program concerns. The program shall include education, training and 54 technical assistance concerning:S. 7075 3 1 a. Source reduction and methods for conducting pollution prevention 2 assessments to eliminate or reduce the volume or toxicity of solid 3 wastes generated. 4 b. Natural resource and energy conservation. 5 c. Opportunities to reduce environmental contamination from air emis- 6 sions and water effluents. 7 d. Opportunities to beneficially use, reuse, recycle, or reclaim solid 8 waste materials. 9 e. Opportunities to collect and manage universal wastes received from 10 small business and the general public. 11 f. Opportunities to develop and apply environmental improvement tech- 12 nologies and methods. 13 g. Information on compliance with applicable environmental protection 14 laws, including compliance with solid waste management requirements. 15 4. Technical assistance. The department shall provide educational 16 materials and technical assistance to sponsors and collection contrac- 17 tors for the operation of the programs and collection events to encour- 18 age and promote all aspects of pollution prevention. 19 5. Technical assistance for implementation. The department shall 20 provide technical assistance to sponsors and collection contractors to 21 implement the purposes of this title and to facilitate the program and 22 the proper collection, treatment, recycling, or disposal of hazardous 23 substances generated by eligible entities. 24 6. Site visit. At the request of a small business, the department may 25 offer a pollution prevention assessment site visit at the place of busi- 26 ness and may provide assistance on compliance with the environmental 27 protection laws administered by the department and guidance issued by 28 the department on pollution prevention. 29 7. Private contract authorization. The department may cooperate with 30 and may contract for services from private and other entities and is 31 authorized to make grants to private, governmental, and other entities 32 to implement this title. 33 § 27-3007. Small business hazardous substance collection program. 34 1. General rule. A sponsor may establish a collection program for the 35 collection and management of solid wastes generated by eligible entities 36 through collection events. Each sponsor must register the program with 37 the department and receive approval of the department prior to commenc- 38 ing operation. 39 2. Sites. Collection events may be conducted on sites selected by the 40 sponsor. Such sites may be on public or private property, including, but 41 not limited to, property owned, leased or controlled by the state, its 42 agencies, or its political subdivisions. Written permission to use the 43 site for the conduct of the event shall be obtained from the owner prior 44 to the event. 45 3. Liability. An owner who, without charge, permits any property to be 46 used as a site for a collection event shall not be liable for any 47 damage, harm, or injury to any person or property which results from the 48 use of the property as a site for a collection event. A sponsor of a 49 collection event shall not be liable for any damage, harm, or injury to 50 any person or property which results from the operation of a collection 51 event. 52 4. Limitation of type. The sponsor may limit the types of solid wastes 53 or materials to be collected at a collection event in accordance with 54 guidance issued by the department and further limitations determined at 55 the discretion of the sponsor. A small business entity may bring up to 56 but not more than one thousand kilograms of hazardous substance to aS. 7075 4 1 collection event or collection events in any calendar month for waste 2 recycling, treatment, or disposal arranged by the collection contractor. 3 5. Fees. The sponsor may establish and assess reasonable fees from 4 eligible entities for services provided in connection with the 5 collection event. 6 6. Registration and approval. The sponsor may select a collection 7 contractor to operate the collection event or may operate the collection 8 event as the collection contractor. Each sponsor or collection contrac- 9 tor which operates a collection event must first be registered and 10 approved by the department to operate collection events. The department 11 shall issue guidance for registration requirements for the operation of 12 collection events. 13 7. Qualifications. No collection contractor may be selected to operate 14 a collection event unless the contractor can demonstrate to the satis- 15 faction of the department its ability to collect, package, transport, 16 and dispose of solid waste collected under this program consistent with 17 the requirements of this chapter and the regulations of the department. 18 8. Ineligibility. A collection contractor shall not be eligible to 19 operate a collection event if the department finds that such person has 20 shown a lack of ability or a lack of intent to comply with applicable 21 laws and regulations of this state, other states, or the United States. 22 9. Generator. A collection contractor shall be deemed to be the gener- 23 ator of hazardous substances collected at the event which is sent for 24 treatment, storage, or disposal at a permitted hazardous waste facility. 25 10. Pollution prevention. The collection contractor shall practice and 26 encourage pollution prevention and shall recycle or reclaim collected 27 solid wastes to the greatest extent practicable. 28 11. Documentation. In conducting a collection event under this title, 29 the collection contractor shall manage wastes and other materials 30 received at a collection event in compliance with applicable laws and 31 regulations of this state. The sponsor and the collection contractor 32 shall provide documentation and records of an event as requested by the 33 department. 34 12. Optional participation. This section shall not be interpreted as 35 requiring a small business to participate in a small business hazardous 36 substance collection program, or as prohibiting a small business from 37 disposing of its hazardous substances under other applicable laws. 38 § 27-3009. Household hazardous substance collection program. 39 1. Collection events. A sponsor may establish a collection event for 40 the purpose of collecting and managing household hazardous substances. 41 A collection event designed for household hazardous substances shall 42 meet the standards and requirements of section 27-3007 of this title. A 43 sponsor may operate a collection event exclusively for household hazard- 44 ous substances, exclusively for small business waste, or for specified 45 wastes from eligible entities. 46 2. Hazardous substances. A collection event that includes collection 47 of household hazardous substances shall provide educational materials 48 that emphasize home safety, fire prevention, and pollution prevention in 49 the home, including source reduction through the use of alternative less 50 toxic products, recycling, and proper disposal methods for waste materi- 51 als that cannot be recycled. Waste materials collected from households 52 shall be appropriately reused or recycled to the greatest extent practi- 53 cable. The department shall issue guidance on proper management of 54 household hazardous substances. 55 § 27-3011. Regulations.S. 7075 5 1 The department shall promulgate regulations as needed to implement 2 this title. 3 § 27-3013. Grants for small business and household pollution prevention 4 programs. 5 1. General rule. The department is authorized to provide grants to 6 counties not wholly contained within a city and cities containing more 7 than one county, to reimburse a county for eligible costs for education 8 programs on pollution prevention or for providing other technical 9 assistance to small business for the purpose of this title. 10 2. Education programs. The grants to counties not wholly contained 11 within a city and cities containing more than one county under this 12 section may reimburse the county or city for up to eighty percent of the 13 approved cost of education programs on pollution prevention or for 14 providing technical assistance to small business for the purposes of 15 this title. 16 3. Eligible costs. Eligible costs under this section may include costs 17 incurred by counties not wholly contained within a city and cities 18 containing more than one county by contract with another sponsor or 19 other person selected by the county or city to operate the program under 20 this title. The department shall issue guidance for counties not wholly 21 contained within a city and cities containing more than one county in 22 the operation of the program and for eligibility requirements for grants 23 administered under this section. 24 § 27-3015. Grants for collection events. 25 1. Funds. The department is authorized to administer appropriated 26 funds for the administration of these programs. 27 2. Grant eligibility. Grants approved under this title may be paid to 28 a registered sponsor of a collection event, including sponsors other 29 than municipalities. The department is authorized to reimburse sponsors 30 for eligible costs incurred after the effective date of this title for 31 the operation of collection events for eligible entities under this 32 title. 33 3. Matching requirement. The funds administered by the department 34 under this title may be expended by the department only to the extent 35 that the grant amount has been matched, at least dollar for dollar in 36 value, by the grant applicant. Sponsors of a collection event are hereby 37 authorized to receive all or part of the required matching funds from 38 manufacturers or other persons. 39 4. Other limitations. No more than one hundred thousand dollars per 40 fiscal year may be expended by the department for collection events in 41 any one county not wholly contained within a city, and no more than five 42 hundred thousand dollars may be expended by the department for 43 collection events in any city containing more than one county. 44 § 2. This act shall take effect on the one hundred twentieth day after 45 it shall have become a law; provided that the commissioner of environ- 46 mental conservation is authorized to promulgate any and all rules and 47 regulations and take any other measures necessary to implement this act 48 on its effective date on or before such date.
