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A02678 Summary:

A02678 Actions:

A02678 Memo:

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.

A02678 Text:

 
                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.
                                                                   LBD07273-01-5
        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    § 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.