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

                                  1150

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01740-01-1
              

S. 1150                             2

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.