Relates to the development of a biofuel and biodiesel industry

BILL NUMBER:S8051

Title of bill

An act to amend the environmental conservation law, in relation to the development of a biofuel and biodiesel industry

Purpose

This bill amends the Environmental Conservation Law general functions, powers and duties provision to enable the Department of Environmental Conservation and the Commissioner to facilitate the development of a biofuel and biodiesel industry by allowing for the registration of facilities that use non-combustion, non-incineration technologies to convert solid waste into a fuel or diesel product. The registration process, as opposed to the complex permitting process under the Part 360 solid waste regulations, is a far more simplified process to commence a facility and the Department still has all of its enforcement authority if the facility fails to comply with applicable solid waste and air law and regulations in the operation of the facility.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY AND STATEMENT IN SUPPORT: This bill amends ECL § 3-0301 (1) by adding a new paragraph 00. to encourage recycling, reuse and reduction of waste products by facilitating the registration of facilities that use non-combustion, non-incineration technologies to convert solid waste into a fuel or diesel product. Existing regulations in 6 N.Y.C.R.R. §360-3.1(c) already allows for the registration rather than a permit of "[a]n energy recovery incinerator or solid waste pyrolysis unit that accepts off-site generated solid waste as alternate fuels ... provided such waste is non-hazardous, non-putrescible, recognizable, unadulterated and uncontaminated. This bill clarifies that all non-combustion, non-incineration technologies should be encouraged since these new technologies have minimal to no air emissions and further the State's goals of recycling over landfill disposal as provided in ECL §27-0106 provides for the following priorities for solid waste management (the "Solid Waste Hierarchy"):

In the interest of public health, safety and welfare and in order to conserve energy and natural resources, the state of New York, in enacting this section, establishes as its policy that:

1. The following are the solid waste management priorities in this state:

(a) first, to reduce the amount of solid waste generated;

(b) second, to reuse material for the purpose for which it was originally intended or to recycle material that cannot be reused;

(c) third, to recover, in an environmentally acceptable manner, energy from solid waste that can not be economically and technically reused or recycled.

Fiscal implications

This bill will result in savings to the State Financial Plan in future years since the statewide cost of solid waste disposal will be reduced if more solid waste is converted into fuel or diesel products. There will be no additional administrative costs because the registration process involves minimal Department of Environmental Conservation staff oversight and there are existing staff to provide this function.

Effective date

This bill takes effect immediately.