A04624 Summary:

BILL NOA04624A
 
SAME ASSAME AS S05404-A
 
SPONSORColton
 
COSPNSREnglebright, Schimel, Lupardo, Rosenthal, Abinanti, Kearns, Weprin, Mosley, Fahy, Linares, Stirpe, Blake, Arroyo, Seawright, Otis, Gottfried
 
MLTSPNSRCook, Dinowitz, Farrell, Galef, Glick, Ortiz, Perry, Rivera, Robinson, Simon, Walker
 
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
 
Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.
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A04624 Actions:

BILL NOA04624A
 
02/05/2015referred to environmental conservation
03/17/2015reported referred to codes
03/24/2015reported referred to ways and means
04/22/2015reported
04/23/2015advanced to third reading cal.198
01/06/2016referred to environmental conservation
04/11/2016reported referred to codes
04/12/2016amend and recommit to codes
04/12/2016print number 4624a
05/04/2016reported referred to ways and means
05/24/2016reported
05/26/2016advanced to third reading cal.766
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A04624 Committee Votes:

WAYS AND MEANS Chair:Farrell DATE:05/24/2016AYE/NAY:24/9 Action: Favorable
FarrellAyeOaksNay
LentolAyeCrouchNay
SchimmingerAyeBarclayNay
GanttAyeFitzpatrickNay
WeinsteinAyeSaladinoNay
GlickAyeHawleyNay
NolanAyeDupreyNay
PretlowAyeCorwinNay
PerryAyeMalliotakisAye
ColtonAyeWalterNay
CookAye
CahillExcused
AubryAye
HooperAye
ThieleAye
WrightAye
CusickAye
OrtizAye
BenedettoAye
MarkeyAye
MoyaAye
WeprinAye
RodriguezAye
RamosExcused
BraunsteinAye

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A04624 Floor Votes:

There are no votes for this bill in this legislative session.
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A04624 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4624--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2015
                                       ___________
 
        Introduced by M. of A. COLTON, ENGLEBRIGHT, SCHIMEL, LUPARDO, ROSENTHAL,
          ABINANTI,  KEARNS,  WEPRIN,  MOSLEY,  FAHY,  LINARES,  STIRPE,  BLAKE,
          ARROYO, SEAWRIGHT, OTIS, GOTTFRIED -- Multi-Sponsored by -- M.  of  A.
          COOK, DINOWITZ, FARRELL, GALEF, GLICK, ORTIZ, PERRY, RIVERA, ROBINSON,
          SIMON,  WALKER  -- read once and referred to the Committee on Environ-
          mental Conservation -- recommitted to the Committee  on  Environmental
          Conservation  in  accordance  with Assembly Rule 3, sec. 2 -- reported
          and referred to the Committee on Codes -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the  environmental  conservation  law  and  the  general
          municipal  law,  in  relation  to  disposal  and  source separation of
          recyclable materials
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 27-0709 to read as follows:
     3  § 27-0709. Disposal of source separated recyclables.
     4    1. Definitions. For the purposes of this section:
     5    a. "Incinerator" shall have the same meaning as  provided  in  section
     6  72-0401 of this chapter.
     7    b.  "Landfill"  shall  have  the  same  meaning as provided in section
     8  72-0401 of this chapter.
     9    c. "Local recycling law" means a local law or ordinance adopted pursu-
    10  ant to the provisions of section one hundred twenty-aa  of  the  general
    11  municipal law.
    12    d.  "Recyclable  materials" means recyclable components of solid waste
    13  which have been separated from other solid  waste  as  required  by  the
    14  local  recycling  law adopted pursuant to subdivision two of section one
    15  hundred twenty-aa of the general municipal law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01405-03-6

        A. 4624--A                          2
 
     1    e. "Transfer station" means a solid waste management facility, whether
     2  owned or operated by a private or public entity, other than  a  recycla-
     3  bles   handling   and   recovery  facility,  used  oil  facility,  or  a
     4  construction and demolition  debris  processing  facility,  where  solid
     5  waste  is  received  for  the  purpose of subsequent transfer to another
     6  solid waste management  facility  for  processing,  treating,  disposal,
     7  recovery, or further transfer.
     8    f.  "Transporter"  means  any person or entity engaged in the off-site
     9  transportation of solid waste by air, rail, highway, or water.
    10    2. a. No transporter shall knowingly commingle  materials  with  other
    11  solid  waste  or  knowingly  cause materials to be commingled with other
    12  solid waste if such materials are recyclable materials.
    13    b. No transporter shall knowingly deliver materials that are  recycla-
    14  ble materials to, or knowingly cause materials that are recyclable mate-
    15  rials  to  be delivered to: (i) an incinerator; (ii) a landfill; (iii) a
    16  transfer station, unless such recyclable materials  are  kept  separated
    17  from  other  solid  waste;  or  (iv) anyone who the transporter knows or
    18  should know will either commingle such recyclable materials  with  other
    19  solid  waste or deliver such recyclable materials to an incinerator or a
    20  landfill for disposal.
    21    c. No operator of an incinerator or a landfill shall knowingly  accept
    22  materials for disposal if such materials are recyclable materials.
    23    d. No operator of a transfer station shall knowingly commingle materi-
    24  als  with  other  solid waste or cause materials to be transferred to an
    25  incinerator or landfill for disposal if such  materials  are  recyclable
    26  materials.
    27    §  2.  Paragraphs  b  and  c of subdivision 2 of section 120-aa of the
    28  general municipal law, as amended by chapter 70 of the laws of 1988, are
    29  amended to read as follows:
    30    b. [For purposes of this section, "components"  shall  include  paper,
    31  glass,  metals,  plastics,  garden and yard waste, and may include other
    32  elements of solid waste.] No later than July first, two  thousand  eigh-
    33  teen,  a  municipality  shall  adopt a local law or ordinance to require
    34  that recyclable materials be separated from other solid waste which  has
    35  been  left for collection or which is delivered by the generator of such
    36  waste to a  solid  waste  management  facility.  For  purposes  of  this
    37  section, "recyclable materials" means and includes: (i) newsprint, glass
    38  containers,  metal  containers, polyethylene teraphthalate (#1 code) and
    39  high density polyethylene (#2 code) plastic containers; (ii)  corrugated
    40  cardboard  containers  and  paper  board; (iii) mixed paper generated by
    41  non-residential entities or by residential buildings consisting of  more
    42  than  four  dwellings; and (iv) any other recyclable, reuseable or other
    43  materials for which the municipality determines  that  economic  markets
    44  for alternate uses exist, or which the municipality determines should be
    45  separated from other solid waste for recycling.
    46    c.  Prior to [exercising the authority of this section to enact such a
    47  local law or ordinance] making a determination under  subparagraph  (iv)
    48  of paragraph b of this subdivision, the municipality shall hold a public
    49  hearing relating to its proposed provisions and shall give due consider-
    50  ation  to  existing  source  separation,  recycling  and [other resource
    51  recovery] solid waste disposal activities in the area, to  the  adequacy
    52  of  markets  for  separated  materials, and to any additional effort and
    53  expense to be incurred by residents in meeting the  proposed  separation
    54  requirements.  The  authority provided in this section shall be in addi-
    55  tion to and without limitation upon  the  authority  vested  in  munici-
    56  palities under any other statute.

        A. 4624--A                          3
 
     1    §  3.  Severability.    If any clause, sentence, paragraph, section or
     2  part of this act shall be adjudged by any court of  competent  jurisdic-
     3  tion to be invalid, such judgment shall not affect, impair or invalidate
     4  the  remainder  thereof,  but  shall be confined in its operation to the
     5  clause,  sentence,  paragraph, section or part thereof directly involved
     6  in the controversy in which such judgment shall have been rendered.
     7    § 4. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law.
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