A02678 Summary:

BILL NO    A02678 

SAME AS    No same as 

SPONSOR    Englebright (MS)

COSPNSR    Colton

MLTSPNSR   

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.
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A02678 Actions:

BILL NO    A02678 

01/20/2015 referred to local governments
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A02678 Votes:

There are no votes for this bill in this legislative session.
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A02678 Memo:

BILL NUMBER:A2678

TITLE OF BILL:

An act to amend the general municipal law, in relation to locally
generated 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 categories 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 facilities 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 Legislature 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 investments could be protected by this legislation.

EFFECTIVE DATE:

This act shall take effect immediately.
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A02678 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2678

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  2.  The  general  municipal  law is amended by adding a new section
   16  120-dd to read as follows:
   17    S 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.
                                                                  LBD07273-01-5
       A. 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    S 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    S 4. This act shall take effect immediately.
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