Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor

Summary of specific provisions

§ 1 of the bill adds a new section 27-0709 to the Environmental Conservation Law to prohibit private and municipal waste haulers from delivering recyclable materials to landfills or incinerators.

§ 2 of the bill amends paragraphs (b) and (c) of subdivision 2 of section 120-aa of the General Municipal Law to specify which materials must at a minimum be separated for recycling pursuant to a local recycling law.

§ 3 of the bill contains a severability clause.

Effects of present law which this bill would alter

Pursuant to General Municipal Law § 120-aa, every municipality must enact a local law requiring the separation of recyclable materials as defined in subdivision 2(b). This bill would close the existing markets loophole contained in the current provision.

Justification

This bill will encourage and enhance statewide recycling efforts and compliance by private citizens, local governments and waste haulers, thereby preserving natural resources, improving air and water quality, and extending the life of the few remaining disposal facilities in New York State.

New York State has come a long way since 1988 in statewide recycling practices. 20 years of experience has allowed the Department of Environmental Conservation (DEC) and Empire State Development (ESD) to easily identify materials that are common to most programs in the state and that have had consistently viable markets.

The state is using its purchasing power to expand the demand for products that contain recycled content. Governor Mario Cuomo's Administration issued Executive Order 142 in 1991, which declared that it shall be NYS policy to practice source separation at all of its agencies and to promote the practice of purchasing recycled products to ensure that a market exists. Just recently, the Paterson Administration issued Executive Order 4, which requires OGS to develop a comprehensive green purchasing program. Governor Andrew Cuomo has vowed to continue this initiative in his administration.

After the Environmental Protection Fund (EPF) was established in 1993,

ESD created the Environmental Investment Program (EIP). Since its establishment EIP has created:

- New capacity to recycle 3.3 million tons/year of secondary materials - Created or retained 4,800 jobs - Created a recurring economic benefit estimated at $279.63 million per year

While progress has been made in expanding recycling capacity and developing secondary materials markets, nearly 65% of the total state managed materials and about 80% of Municipal Solid Waste (MSW), ends up in landfills, even though land filling is statutorily the last resort. The combination of recycling loopholes, planned obsolescence, the growth of convenience products, and the advance of technology, has stalled progress toward an absolute reduction of generated waste.

This bill would close the "existing market" loophole which has allowed transporters to justify diverting recyclable materials to landfills or incinerators. It also specifies materials required for separation, but does not limit a municipality from including other items that they can find a market for.

The "existing market" clause has proven to be cumbersome in practice, creating confusion and potentially undermining the value of recycled materials because a reliable supply of material is critical to justifying private capital investment in secondary materials markets. Most programs have continuously collected the same materials for much of the past two decades despite periodic dips in market values.

Prior legislative history

This bill was first introduced as an Attorney General Program Bill in 2000. It has been introduced in each session since the initial introduction, with passage in the Assembly nine times.

2011: A.1241/Passed S.3029/Encon 2010: A.1319/Passed S.7130/Encon 2009: A.1319/Passed S.7130/Encon

Fiscal implications

None.

Effective date

This bill takes effect 180 days after enactment.