S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3785
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  state  and municipal governmental entities have a recycling
   program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 32 to read as follows:
                                 TITLE 32
                   STATE AND LOCAL GOVERNMENT RECYCLING
 SECTION 27-3201. DEFINITIONS.
         27-3203. REQUIRED STATE AND MUNICIPAL RECYCLING PROGRAMS.
         27-3205. POWERS OF MUNICIPALITIES.
 § 27-3201. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY, BOARD, PUBLIC  BENEFIT
 CORPORATION, PUBLIC AUTHORITY, OR COMMISSION.
   2.  "LOCAL EDUCATION AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, COMMUNITY COLLEGE, AGRICULTURAL AND  TECHNI-
 CAL  COLLEGE,  STATE  UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY AND A
 CENTER FOR ADVANCED TECHNOLOGY DESIGNATED PURSUANT TO SECTION THIRTY-ONE
 HUNDRED TWO-A OF THE PUBLIC AUTHORITIES  LAW,  AND  OTHER  POSTSECONDARY
 PROVIDERS  OF CAREER EDUCATION AS SET FORTH ANNUALLY BY THE COMMISSIONER
 AS ELIGIBLE RECIPIENTS UNDER THE FEDERAL  VOCATIONAL  EDUCATION  ACT  OF
 NINETEEN HUNDRED EIGHTY-FOUR.
   3.  "MUNICIPALITY"  MEANS  ANY  TOWN, VILLAGE, CITY, COUNTY, DISTRICT,
 SPECIAL IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT  DISTRICT,  INCLUDING,
 BUT  NOT LIMITED TO, SPECIAL DISTRICTS CREATED PURSUANT TO ARTICLE ELEV-
 EN, TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN LAW, LIBRARY DISTRICTS, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07431-01-1

 A. 3785                             2
 
 OTHER DISTRICTS CREATED BY LAW OR ANY DESIGNATED AGENCY  OR  SUBDIVISION
 THEREOF  INCLUDING, BUT NOT LIMITED TO, ANY COURTS, PROGRAMS AND FACILI-
 TIES.
 § 27-3203. REQUIRED STATE AND MUNICIPAL RECYCLING PROGRAMS.
   1.  ALL  STATE AGENCIES, LOCAL EDUCATION AGENCIES, MUNICIPALITIES, AND
 OTHER PUBLIC ENTITIES WITHIN THE STATE SHALL CREATE A RECYCLING  PROGRAM
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) INCREASE THE AMOUNT OF WASTE RECYCLED;
   (B) MINIMIZE ITS GENERATION OF WASTE;
   (C) REDUCE THE NEED FOR DISPOSAL OF ITS GENERATED WASTE; AND
   (D)  PROVIDE  COLLECTION  AND EDUCATIONAL RESOURCES, INCLUDING REGULAR
 PERIODICAL GUIDANCE, TRAINING, UPDATES, SIGNAGE,  AND  FLYERS,  FOR  ITS
 WORKFORCE  AND  THE  PUBLIC  FOR  THE PURPOSES OF TEACHING AND RETAINING
 EFFECTIVE PROCEDURES FOR SORTING MATERIALS FOR RECYCLING.
   2. ALL STATE AGENCIES, LOCAL EDUCATION AGENCIES,  MUNICIPALITIES,  AND
 OTHER PUBLIC ENTITIES WITHIN THE STATE SHALL PROVIDE TO THE COMMISSIONER
 INFORMATION  ON  ITS  PRACTICES,  INCLUDING AMOUNTS OF WASTE MANAGED AND
 RECYCLED BY VARIOUS METHODS SUCH AS THOSE IMPLEMENTED PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION, ENTITIES OR RESOURCES UTILIZED FOR  REDUCING
 AND  MANAGING  SUCH  MATERIALS,  OR  FINANCING MECHANISMS AND INCENTIVES
 UTILIZED.
   3. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  CONTRACTS  IN
 EFFECT  ON  THE  EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT
 THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RENEWALS OR EXTENSIONS
 OF SUCH CONTRACTS ENTERED INTO ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
 SECTION.
   4.  THE  DEPARTMENT  SHALL  PROMOTE  ACTIONS  TO  TAKE PURSUANT TO THE
 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, AND  FOR  ALL  ENTITIES
 AND  THE PUBLIC TO TAKE IN EFFORTS TO MANAGE WASTE AND ESTABLISH A RECY-
 CLING PROGRAM IN A SIMILAR MANNER.
   5. THE DEPARTMENT MAY REPORT INFORMATION TO PROMOTE  IMPROVED  MANAGE-
 MENT  WASTE  AND  RECYCLING PROGRAMS, INCLUDING INFORMATION ON PRACTICES
 AND RESOURCES  PROVIDING  ASSISTANCE  FOR  REDUCING  SUCH  MATERIALS  OR
 PROMOTING SUCH PROGRAMS, FACILITIES ACCEPTING SUCH MATERIALS, OR FINANC-
 ING  MECHANISMS  AND INCENTIVES AVAILABLE FOR SUCH PRACTICES AND FACILI-
 TIES.
 § 27-3205. POWERS OF MUNICIPALITIES.
   ALL STATE AGENCIES,  LOCAL  EDUCATION  AGENCIES,  MUNICIPALITIES,  AND
 OTHER  PUBLIC  ENTITIES  WITHIN  THE STATE SHALL PROMULGATE REGULATIONS,
 ORDINANCES, OR LAWS TO TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY  TO
 IMPLEMENT AND ENFORCE THIS TITLE. THIS TITLE DOES NOT LIMIT THE AUTHORI-
 TY  OF  A  LOCAL  GOVERNMENTAL  AGENCY  TO  ADOPT, IMPLEMENT, OR ENFORCE
 REQUIREMENTS ON MANAGEMENT OF WASTE MANAGEMENT AND  RECYCLING  THAT  ARE
 MORE STRINGENT OR COMPREHENSIVE THAT THE REQUIREMENTS OF THIS TITLE.
   §  2.  This  act shall take effect on the first of the month following
 the one hundred eightieth day after it shall have become a law.