Sponsorship

A.7191 - COLTON / - 1

Memorandum in Support

BILL NUMBER: A7191

TITLE OF BILL : An act to amend the environmental conservation law, in relation to electronic equipment disposal and wireless telephone recycling; and to amend the state finance law, in relation to requiring fines and penalties for violations of provisions relating to electronic equipment disposal to be deposited in the solid waste account of the environmental protection fund

PURPOSE OF BILL : The bill would prohibit persons from knowingly disposing of electronic equipment as solid waste; prohibit solid waste management facilities from knowingly accepting electronic equipment for disposal or incineration; and require wireless telephone suppliers to accept recycle or reuse wireless phone pursuant to rules and regulations promulgated by DEC.

SUMMARY OF PROVISIONS : The bill adds new Section 27-0721 to the Environmental Conservation Law prohibiting the knowing disposal of electronic equipment by persons or solid waste management facilities.

The bill renumbers Title 23 of Article 27 of the ECL to Title 25. The bill further amends the Title 25 to require retail sellers of wireless telephones to recycle or reuse wireless telephones pursuant to regulations promulgated by DEC.

JUSTIFICATION : Electronic equipment contains heavy metals such as lead, cadmium and mercury, as well as other hazardous components or additives. Left to traditional disposal methods, these components of electronic equipment can pose a significant threat to public health and the environment. Requiring the recycling and reuse of this equipment will reduce the amount of hazardous materials being discarded in solid waste management facilities.

The use of wireless telephones continues to rapidly grow in New York State. The waste stream generated from wireless telephone disposal is substantial and becoming increasingly problematic. Building on a 2006 law which required wireless telephone service providers to take back these phones, this bill requires the providers to recycle or reuse the phones. This bill would prevent the proliferation of this waste stream by requiring their recycling or reuse, rather than allowing their disposal as solid waste.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.

EFFECTIVE DATE : The Act would take effect immediately, provided that any rules and regulations necessary to implement the provisions of this act are to be promulgated on or before 270 days after the effective date of the law. The disposal ban and penalty requirements would take effect one year after the bill becomes law.

Sponsorship

A.1152 - GUNTHER, WALKER / S.227 - LARKIN, DEFRANCISCO, LITTLE, RATH, SALAND, YOUNG.

Memorandum in Support

BILL NUMBER: A1152

TITLE OF BILL : An act to amend the environmental conservation law, in relation to solid waste landfills

PURPOSE OR GENERAL IDEA OF BILL : To ensure that municipalities have the opportunity to submit comments or objections to the Department of Environmental Conservation (DEC) concerning the siting of a new solid waste management facility or the expansion of an existing facility that is to be either located within such municipality or adjacent to such municipality. Once the Department receives municipal comments during the solid waste management facility siting process, DEC must consider such comments and specifically detail in its decision granting or denying any facility permit how the Department addressed such concerns.

SUMMARY OF PROVISIONS : Section 1: Amends Environmental Conservation Law section 27-0703(2) (a) to specifically mandate that DEC regulations concerning the siting of solid waste management facilities must minimize or avoid to the maximum extent practicable any significant adverse environmental or public health impact on primary water supply aquifers located near the proposed facility site.

Section 2: Amends Environmental Conservation Law section 27-0707(2) to mandate that DEC in its regulations:

A. Provide that municipalities must be given an opportunity to submit comments or objections to DEC concerning the siting of a new solid waste management facility or the expansion of an existing facility that is to be either located within such municipality or adjacent to such municipality. In rendering its facility permit decision, DEC must specifically address the issues raised by those municipalities that commented on the facility permit application.

B. Deny arty new facility permit if such siting would result in an over concentration of facilities in a municipality or in an area in proximity to the site selected.

C. Shall consider all existing comprehensive municipal land use plans and zoning and subdivision local laws in evaluating and determining the size, location or operation of a solid waste management facility. Further, that DEC, in its facility siting decision, must incorporate, to the maximum extent practicable, the underlying planning and land use considerations embodied in such comprehensive municipal land use plans and zoning & subdivision local laws.

Section 3: Amends Environmental Conservation Law section 27-0707(2-d} to ensure that no new solid waste facility shall be established or expanded on a site that poses a significant adverse environmental or public health impact on any primary water supply aquifer.

Section 4; Effective date language.

EXISTING LAW : Under current law, there is no specific statutory mandate that municipalities may comment on the siting of a proposed or expanded solid waste facility or that facilities should not be located near aquifers if they pose a significant adverse impact on the environment or public health.

JUSTIFICATION : The State Environmental Quality Review Act does establish a general framework that must be followed when siting or expanding a solid waste facility, however, the Environmental Conservation Law does not specifically articulate standards when evaluating a proposed or expanded facility that is near a primary aquifer, address the situation of the over-concentration of facilities in certain regions of this State, or mandate that DEC must consider local land use comprehensive plans and zoning local laws when it determines the size, location or operation of a facility.

LEGISLATIVE HISTORY : 2005-2006: S435 Died Senate Rules/A339 Died Assembly Environmental Conservation A.9458a - 06/15/04 - Amend (t) and recommitted to environmental conservation.

FISCAL IMPLICATIONS : None.

LOCAL FISCAL IMPLICATIONS : None

EFFECTIVE DATE : 180 days after it shall have become law, provided that DEC is authorized to promulgate any rules necessary to implement this act on or before its effective date.

Sponsorship

A.8633 - COLTON, BENEDETTO, WEISENBERG, DINOWITZ, JAFFEE, KOON, MILLMAN, EDDINGTON, CYMBROWITZ, LAFAYETTE, CARROZZA, WALKER, SPANO, brennan, gordon t, gunther, maisel, mayersohn, miller, reilly, thiele / S.4477 - ALESI, PADAVAN, RATH, WRIGHT.

Memorandum in Support

BILL NUMBER: A8633

TITLE OF BILL : An act to amend the general business law, in relation to requiring retail businesses to restrict the use of non-compostable plastic bags

PURPOSE : Requires retail businesses to restrict the use of non-compostable plastic bags.

SUMMARY OF PROVISIONS : Section 1: Amends the general business law by adding new section 399-e. Section 399-e provides that all retail business will restrict the use of non-compostable plastic bags by 50% by 2010 and by 2012 all non-compostable plastic bags will be banned. Section 399-e also provides that by January 1, 2013 retail stores can use recyclable paper bags, compostable bags and/or reusable bags as checkout bags. Section Section 2: Effective Date.

EXISTING LAW : None.

JUSTIFICATION : Americans use about 30 billion plastic bags per year. In the United States about 80% of plastic bags end up in landfills. The rest end up as litter. It is a common occurrence to find plastic bags on the side of the road or in the branches of trees. Plastic bags are among the 12 items of debris most often found in coastal cleanups. In addition, plastic bags are not regularly recycled. In fact, only 0.6% of plastic bags are recycled in the United States. Furthermore, plastic bags are made from oil which is a nonrenewable resource. The environmental impact of plastic bags is a reason to seek eeo-friendly alternatives. It is time for New York to begin to phase out the use of plastic bags in favor of alternatives that are compostable or reusable.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately.

Sponsorship

A.842 - ENGLEBRIGHT, LAVELLE, COOK, WEISENBERG, colton, cymbrowitz, diaz r, dinowitz, hoyt, mayersohn, weinstein / - 2

Memorandum in Support

BILL NUMBER: A842

TITLE OF BILL : An act to amend the environmental conservation law, in relation to prohibiting the sale or use of styrofoam as a packaging material

PURPOSE OR GENERAL IDEA OF BILL : To prohibit the use and sale of styrofoam "packing peanuts" as packaging material, and to authorize the commissioner to adopt rules and regulations that are necessary and appropriate to carry out this legislation. SUMMARY OF PROVISIONS : A new section would be added to the environmental conservation law which would make illegal any use or sale of styrofoam as packaging material, and would give the commissioner the authority to adopt whatever rules and regulations are needed to carry out the provisions of this legislation. JUSTIFICATION : Styrofoam "packing peanuts" are hazardous to the environment because they are not biodegradable. They are widely spread over large areas as litter since they are light and easily wind-blown. In addition, they have proven to be harmful to various forms of wildlife that ingest them when they encounter them in their surroundings. Finally, these peanuts present another hazard when they are burned as garbage, because they emit harmful gases such as styrene oxide and particulates. With the assortment of other packaging materials now available that are biodegradable, the continued use of styrofoam for this purpose poses a needless risk to the environment. PRIOR LEGISLATIVE HISTORY : 01/25/95 referred to environmental conservation (A.1839) 01/03/96 referred to environmental conservation 03/03/97 referred to environmental conservation (A.5258) 01/07/98 referred to environmental conservation 02/01/99 referred to environmental conservation (A.3501) 01/05/00 referred to environmental conservation 02/22/01 referred to environmental conservation (A.5348) 01/09/02 referred to environmental conservation 02/13/03 referred to environmental conservation (A.4271) 01/07/04 referred to environmental conservation 2005-06 A.2261 referred to environmental conservation FISCAL IMPLICATIONS : None. EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become a law.