S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   306

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, KAVANAGH, WRIGHT, COLTON -- Multi-Spon-
  sored by --  M.  of  A.    ALFANO,  BARRA,  CLARK,  GLICK,  MAYERSOHN,
  J. RIVERA, SEMINERIO, TOWNS -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  siting and presence  of  adequate  numbers  of  trash  receptacles  in
  commercial zones and recreational areas in cities with a population of
  one million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 of section  27-0107  of  the
environmental  conservation  law,  as added by chapter 70 of the laws of
1988, is amended to read as follows:
  (b) The local solid waste management plan shall:
  (i) characterize the solid waste stream to be managed in the  planning
period;
  (ii)  assess  existing  and  alternate proposed solid waste management
programs and facilities;
  (iii) address to the maximum extent practicable the comments and views
expressed  by  concerned  governmental,  environmental,  commercial  and
industrial  interests  and the public on the waste reduction, recycling,
reuse and disposal alternatives;
  (iv) identify  the  parties  with  responsibility  to  implement  each
element of the plan and the steps which must be undertaken by each;
  (v) set forth a timetable for implementing the plan;
  (vi) describe the participation in the preparation of the plan of each
municipality which has chosen to participate in such preparation; [and]
  (vii)  describe  (A) measures undertaken by the municipalities partic-
ipating in the planning unit  to  secure  participation  of  neighboring
jurisdictions, (B) the limitations, if any, imposed by the proposed plan

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00092-01-9

A. 306                              2

on  solid  waste  management  alternatives available to such neighboring
jurisdictions, and (C) alternatives which would be available if a  local
solid  waste management plan including such jurisdictions were prepared.
Specific  written  suggestions  received  from neighboring jurisdictions
shall be summarized and reflected in the plan; AND
  (VIII) IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, A PLAN  FOR
THE  CONTROL  OF  LITTER,  INCLUDING  PROVISION  FOR THE PLACEMENT OF AN
ADEQUATE NUMBER OF RECEPTACLES FOR  TRASH  AND  RECYCLABLES  LOCATED  IN
COMMERCIAL  AND BUSINESS DISTRICTS AND PUBLIC RECREATIONAL AREAS SUCH AS
PARKS, ZOOS AND BOTANICAL GARDENS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner  of
environmental conservation is authorized to promulgate any and all rules
and  regulations and take any other measures necessary to implement this
act on its effective date on or before such date.