|SAME AS||No Same As|
|Add S120-dd, Gen Muni L|
|Authorizes municipalities to adopt local laws, ordinances or resolutions to take title to all or any component of solid waste that is left for collection within their boundaries and provides that such local law, ordinance or resolution may distinguish among different categories or components of solid waste, including but not limited to recyclable or reusable materials; requires the municipality hold a public hearing prior to adopting such provisions.|
|01/20/2015||referred to local governments|
|01/06/2016||referred to local governments|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2678 SPONSOR: Englebright (MS)
TITLE OF BILL: An act to amend the general municipal law, in relation to locally gener- ated solid waste   SUMMARY OF PROVISIONS: This bill would explicitly authorize municipalities to adopt local laws, ordinances or resolutions to take title to solid waste that is generated and left for collection within their boundaries. The municipality's local law, ordinance or resolution may distinguish among different cate- gories or components of solid waste, including but not limited to recyclable or reusable materials.   PURPOSE AND JUSTIFICATION: In passing the Solid Waste Management Act of 1988, the Legislature found that the proper management of solid waste is necessary to protect the public health and the environment, that the basic responsibility for the planning, implementation and operation of solid waste management facili- ties remains with local governments and, further, that many communities faced a crisis in the development and implementation of environmentally acceptable ways to dispose of waste produced by their residents and the industries located within their jurisdictions. This crisis demonstrated the need to facilitate planning for and the development of local solid waste management programs and facilities. Many communities have chosen to self-manage waste generated within their borders, in order to ensure long-term capacity and environmentally sound disposal at reasonable and foreseeable cost or without cost and without CERCLA liability for improper disposal. Recent federal court decisions involving municipal solid waste have placed in jeopardy municipal systems of solid waste management, even where such systems may have been established by a local community, for the local community's welfare in managing locally-generated waste, and consistent with federal and state solid waste management policies. Municipalities throughout the state have developed these public solid waste management systems within a legal framework that included flow control powers. Recent court decisions have changed the rules that many local governments had relied upon when making significant investments and plans for the future. Numerous laws have been passed by this Legis- lature over the years, to provide explicit state authorization for the granting and exercise of flow control powers by local governments and their solid waste agencies/authorities. There were sound reasons for passing these laws, and for empowering local governments to establish public solid waste systems where deemed appropriate to address local circumstances. Those reasons remain valid. This legislation would help local governments continue to plan for and provide integrated solid waste management systems, in accordance with the needs of their citizens and in furtherance of federal and state solid waste management policies.   LEGISLATIVE HISTORY: 06/10/99 reported referred to ways and means (A.6453) 01/05/00 referred to local governments 03/14/01 referred to local governments (A.7183) 06/04/02 reported referred to ways and means 02/10/03 referred to local governments (A.3750) 01/07/04 referred to local governments 2005-06 A.2318 referred to local governments 2007-08 A.1793 referred to local governments 2009-10 A.3240 referred to local governments 2011-12 A.4127 local governments 2013-14 A6397 referred to local governments   FISCAL IMPLICATIONS: This legislation would have no known fiscal implications for state government.   LOCAL FISCAL IMPLICATIONS: This legislation would help local governments protect the substantial investments that many of them have made in public solid waste management facilities and programs. Up to $1.2 billion of local government invest- ments could be protected by this legislation.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 2678 2015-2016 Regular Sessions IN ASSEMBLY January 20, 2015 ___________ Introduced by M. of A. ENGLEBRIGHT, COLTON -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to locally gener- ated solid waste The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. In order to further the purposes of 2 federal and state policies on solid waste management articulated in the 3 federal resource conservation and recovery act of 1976 ("The congress 4 finds with respect to solid waste ... that ... the collection and 5 disposal of solid wastes should continue to be primarily the function of 6 state, regional, and local agencies ....") and the New York state solid 7 waste management act of 1988 ("A state-local partnership, in which the 8 basic responsibility for the planning and operation of solid waste 9 management facilities remains with local governments and the state 10 provides necessary guidance and assistance, must be forged ..."), the 11 legislature hereby finds that it is in the public interest to authorize 12 municipal corporations to adopt local laws, ordinances and resolutions 13 asserting title to all or any component of solid waste that is left for 14 collection within their boundaries. 15 § 2. The general municipal law is amended by adding a new section 16 120-dd to read as follows: 17 § 120-dd. Assertion of title to solid waste by municipal corporations. 18 1. Pursuant to the authority of this section, a municipal corporation 19 may adopt a local law, ordinance or resolution declaring, claiming and 20 asserting title or contingent title to all or any component of solid 21 waste which has been left for collection within its boundaries. Any such 22 local law, ordinance or resolution may distinguish among different cate- 23 gories or components of solid waste, including but not limited to 24 recyclable or reusable materials, and "secondary materials" as defined 25 by section 27-0401 of the environmental conservation law. For purposes EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07273-01-5A. 2678 2 1 of this section, the term "solid waste" shall have the same meaning as 2 set forth in section 27-0501 of the environmental conservation law, and 3 the term "contingent title" shall mean that a municipal corporation may 4 claim or assert title to solid waste subject to conditions established 5 by local law, ordinance, or resolution of the municipal corporation. 6 2. Any such local law, ordinance or resolution of a municipal corpo- 7 ration which is a solid waste management planning unit shall take 8 precedence and supersede that of any other municipal corporation or 9 municipal corporations located within such planning unit. If, however, 10 the planning unit is not a municipal corporation, then any such local 11 law, ordinance or resolution adopted by a county, other than the coun- 12 ties of Nassau and Suffolk, shall take precedence and shall supersede 13 that of any other municipal corporation or municipal corporations 14 located within said county. In the counties of Nassau and Suffolk, if 15 the planning unit is not a municipal corporation, then any such local 16 law, ordinance or resolution adopted by a town shall take precedence and 17 shall supersede that of any other municipal corporation or municipal 18 corporations located within such town. For purposes of this section, the 19 term "planning unit" shall have the same meaning as set forth in section 20 27-0107 of the environmental conservation law. 21 3. Prior to exercising the authority of this section to enact such a 22 local law, ordinance or resolution, the planning unit or municipal 23 corporation shall hold a public hearing relating to its proposed 24 provisions, and any such local law shall be adopted in accordance with 25 the procedure provided by the municipal home rule law, except that no 26 such local law shall be subject to either mandatory or permissive refer- 27 endum. 28 § 3. Severability. The provisions of this act shall be severable and 29 if any portion thereof or the applicability thereof to any person or 30 circumstances shall be held invalid, the remainder of this act and the 31 application thereof shall not be affected thereby. 32 § 4. This act shall take effect immediately.