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.
