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

                                  5627

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, COLTON, LUPARDO, MILLMAN, BENEDETTO,
  JAFFEE,  SCHIMEL,  MAISEL,  DINOWITZ,  ROSENTHAL,  WRIGHT, MAGNARELLI,
  ZEBROWSKI, GALEF -- Multi-Sponsored by -- M. of  A.  ABBATE,  BOYLAND,
  BRENNAN,  BROOK-KRASNY,  CAHILL, GABRYSZAK, GOTTFRIED, HOOPER, MARKEY,
  RIVERA, TITONE, WEISENBERG -- read once and referred to the  Committee
  on Tourism, Parks, Arts and Sports Development

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to requiring the collection of recyclable materials at  state
  parks, historic sites and recreational facilities; to amend the gener-
  al  municipal law, in relation to encouraging municipalities to estab-
  lish and implement programs for the collection of recyclable materials
  that are discarded in parks, playgrounds,  historic  sites  and  other
  recreational  facilities;  and to amend the environmental conservation
  law, in relation to providing state  assistance  therefor  to  munici-
  palities

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

  Section 1. Section 3.09 of the parks, recreation and historic  preser-
vation law is amended by adding a new subdivision 23 to read as follows:
  23.  (A)  ESTABLISH  AND  IMPLEMENT  A  PROGRAM  FOR THE COLLECTION OF
RECYCLABLE MATERIALS THAT ARE DISCARDED IN STATE PARKS,  HISTORIC  SITES
AND  RECREATIONAL  FACILITIES.  SUCH RECYCLABLE MATERIALS SHALL INCLUDE,
BUT NOT BE LIMITED TO, METAL, PLASTIC, GLASS AND  PAPER.  IN  EACH  SUCH
PARK,  HISTORIC  SITE AND RECREATIONAL FACILITY THE OFFICE SHALL INSTALL
BINS FOR THE COLLECTION OF RECYCLABLE MATERIALS. THE OFFICE SHALL  REGU-
LARLY  COLLECT AND PROVIDE FOR THE RECYCLING OF THE RECYCLABLE MATERIALS
COLLECTED.
  (B) POST SIGNS IN THOSE PORTIONS OF STATE PARKS,  HISTORIC  SITES  AND
RECREATIONAL  FACILITIES,  WHICH  DO NOT HAVE TRASH RECEPTACLES, STATING
"PLEASE TAKE ANY TRASH YOU GENERATE WHILE UPON THIS  FACILITY  WITH  YOU
FOR DISPOSAL WHEN YOU REACH A TRASH RECEPTACLE."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09217-01-3
              

A. 5627                             2

  S  2.  The  general  municipal  law is amended by adding a new section
120-dd to read as follows:
  S  120-DD. COLLECTION OF RECYCLABLE MATERIAL IN PARKS. 1. EACH MUNICI-
PALITY IS ENCOURAGED TO ESTABLISH AND IMPLEMENT A  RECYCLABLES  RECOVERY
PROGRAM FOR THE COLLECTION OF RECYCLABLE MATERIALS THAT ARE DISCARDED IN
MUNICIPAL  PARKS,  PLAYGROUNDS,  HISTORIC  SITES  AND OTHER RECREATIONAL
FACILITIES. SUCH RECYCLABLE MATERIALS SHALL INCLUDE, BUT NOT BE  LIMITED
TO,  METAL,  PLASTIC,  GLASS  AND  PAPER. IN EACH SUCH PARK, PLAYGROUND,
HISTORIC SITE AND OTHER RECREATIONAL  FACILITY  THE  MUNICIPALITY  SHALL
INSTALL  BINS  FOR  THE  COLLECTION OF RECYCLABLE MATERIAL.  THE MUNICI-
PALITIES SHALL REGULARLY COLLECT AND PROVIDE FOR THE  RECYCLING  OF  THE
RECYCLABLE MATERIALS COLLECTED.
  2.  ANY MUNICIPALITY ELECTING TO ESTABLISH AND IMPLEMENT A RECYCLABLES
RECOVERY PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
ELIGIBLE  TO APPLY FOR STATE ASSISTANCE FOR A RECYCLING PROJECT PURSUANT
TO TITLE SEVEN OF ARTICLE FIFTY-FOUR OF THE  ENVIRONMENTAL  CONSERVATION
LAW.
  3.  EACH MUNICIPALITY IS ENCOURAGED TO POST SIGNS IN THOSE PORTIONS OF
PARKS, PLAYGROUNDS, HISTORIC SITES AND  OTHER  RECREATIONAL  FACILITIES,
WHICH  DO NOT HAVE TRASH RECEPTACLES, STATING "PLEASE TAKE ANY TRASH YOU
GENERATE WHILE UPON THIS FACILITY WITH YOU TO BE DISPOSED  OF  WHEN  YOU
REACH A TRASH RECEPTACLE."
  S  3.  Subdivision 3 of section 54-0701 of the environmental conserva-
tion law, as amended by chapter 146 of the laws of 2000, is  amended  to
read as follows:
  3.  "Recyclables  recovery  program"  means  a program undertaken by a
municipality consistent with  requirements  of  [section]  SECTIONS  one
hundred  twenty-aa AND/OR ONE HUNDRED TWENTY-DD of the general municipal
law to provide for the environmentally sound  recovery  of  recyclables,
primarily  involving  the  collection,  aggregation  and  processing  of
recyclable materials for their use as raw materials for new products  or
for other useful purposes other than for energy recovery, through facil-
ities   planned,   designed  and  constructed  to  ensure  environmental
protection and to maximize the potential  for  recyclables  recovery.  A
recyclables  recovery  program also shall mean planning, educational and
promotional activities to increase public awareness of and participation
in recycling. Such program shall have been approved by the  commissioner
and  undertaken  consistent  with  any local solid waste management plan
pursuant to section 27-0107 of this chapter.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.