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.
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.
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.
