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

                                 1937--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by Sens. PARKER, KRUEGER, ONORATO, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00092-04-0
              

S. 1937--A                          2

jurisdictions, (B) the limitations, if any, imposed by the proposed plan
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  AS  DETERMINED  BY  THE  SANITATION
COMMISSIONER  OF SUCH CITY, AND PUBLIC RECREATIONAL AREAS SUCH AS PARKS,
ZOOS AND BOTANICAL GARDENS AS DETERMINED IN CONJUNCTION WITH  THE  PARKS
COMMISSIONER OF SUCH CITY.
  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.