S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5961
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   advanced recycling and advanced recycling facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 7 of section  27-0303  of  the  environ-
 mental  conservation law, subdivision 1 as amended by chapter 671 of the
 laws of 1986, and subdivision 7 as added by chapter 592 of the  laws  of
 1981, are amended to read as follows:
   1.  "Disposal"  means  the abandonment, discharge, deposit, injection,
 dumping, spilling, leaking or placing of  any  substance  so  that  such
 substance  or any related constituent thereof may enter the environment.
 Disposal also means the thermal destruction of waste or hazardous  waste
 and  the  burning  of  such wastes as fuel for the purpose of recovering
 useable energy, BUT DOES INCLUDE THE CONVERSION OF POST-USE POLYMERS AND
 RECOVERED FEEDSTOCKS AT AN ADVANCED RECYCLING FACILITY AS SUCH TERMS ARE
 DEFINED PURSUANT TO SECTION 27-0701 OF THIS ARTICLE.
   7. "Waste" means any garbage, refuse, sludge from  a  waste  treatment
 plant,  water  supply treatment plant or air pollution control facility,
 and other discarded material,  including  solid,  liquid,  semisolid  or
 contained gaseous material resulting from industrial, commercial, mining
 and  agricultural operations and from community activities, but does not
 include solid or dissolved material in  domestic  sewage,  or  solid  or
 dissolved  materials in irrigation return flows or industrial discharges
 which are point sources subject to permits  under  article  17  of  this
 chapter, or source, special nuclear or by-product material as defined in
 the  Atomic  Energy Act of 1954, as amended (68 Stat. 923) except as may
 be provided by existing agreements between the  state  and  the  federal
 government,  OR  POST-USE POLYMERS AND RECOVERED FEEDSTOCKS CONVERTED AT
 AN ADVANCED RECYCLING FACILITY AS SUCH TERMS  ARE  DEFINED  PURSUANT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05127-01-3
              

 A. 5961                             2
 
 SECTION  27-0701  OF  THIS  ARTICLE,  OR  HELD AT SUCH FACILITY PRIOR TO
 CONVERSION.
   §  2.  Subdivisions  1  and  2 of section 27-0701 of the environmental
 conservation law, subdivision 1 as amended by chapter 425 of the laws of
 1977 and subdivision 2 as amended by chapter 253 of the  laws  of  1988,
 are  amended and eight new subdivisions 5, 6, 7, 8, 9, 10, 11 and 12 are
 added to read as follows:
   1. "Solid waste" means all putrescible and  non-putrescible  materials
 or  substances  discarded or rejected as being spent, useless, worthless
 or in excess to the owners at the time of  such  discard  or  rejection,
 except  including  but  not  limited  to garbage, refuse, industrial and
 commercial waste, sludges from air or water control facilities, rubbish,
 ashes, contained gaseous material, incinerator residue,  demolition  and
 construction  debris,  discarded automobiles and offal but not including
 sewage and other highly diluted water carried  materials  or  substances
 [and], those in gaseous form, AND POST-USE POLYMERS AND RECOVERED FEEDS-
 TOCKS CONVERTED AT AN ADVANCED RECYCLING FACILITY OR HELD AT SUCH FACIL-
 ITY PRIOR TO CONVERSION.
   2.  "Solid  waste  management  facility"  means  any facility employed
 beyond the initial solid waste collection  process  including,  but  not
 limited  to,  transfer  stations,  baling facilities, rail haul or barge
 haul facilities, processing systems, including resource recovery facili-
 ties or other facilities for reducing solid waste volume, sanitary land-
 fills, facilities  for  the  disposal  of  construction  and  demolition
 debris, plants and facilities for compacting, composting or pyrolization
 of  solid wastes, incinerators and other solid waste disposal, reduction
 or conversion facilities, BUT NOT ADVANCED RECYCLING FACILITIES.
   5. "ADVANCED RECYCLING" MEANS A MANUFACTURING PROCESS FOR THE  CONVER-
 SION  OF POST-USE POLYMERS AND RECOVERED FEEDSTOCKS INTO BASIC HYDROCAR-
 BON RAW MATERIALS, FEEDSTOCKS, CHEMICALS, WAXES,  LUBRICANTS  AND  OTHER
 PRODUCTS  THROUGH  PROCESSES THAT INCLUDE PYROLYSIS, GASIFICATION, DEPO-
 LYMERIZATION, CATALYTIC CRACKING, REFORMING, HYDROGENATION,  SOLVOLYSIS,
 AND  OTHER  SIMILAR  TECHNOLOGIES.  THE  RECYCLED  PRODUCTS  PRODUCED AT
 ADVANCED RECYCLING FACILITIES SHALL INCLUDE, BUT  ARE  NOT  LIMITED  TO,
 MONOMERS,  OLIGOMERS,  PLASTICS, PLASTICS AND CHEMICAL FEEDSTOCKS, BASIC
 AND UNFINISHED CHEMICALS, CRUDE OIL, NAPHTHA, WAXES,  LUBRICANTS,  COAT-
 INGS,  OTHER  PRODUCTS AND BASIC HYDROCARBONS.  ADVANCED RECYCLING SHALL
 NOT BE CONSIDERED "SOLID WASTE MANAGEMENT,"  "TREATMENT,"  "PROCESSING,"
 "RESOURCE  RECOVERY,"  "DISPOSAL,"  "THERMAL  TREATMENT  OR PROCESSING,"
 "INCINERATION," OR "COMBUSTION."
   6. "ADVANCED RECYCLING  FACILITY"  MEANS  A  FACILITY  THAT  RECEIVES,
 STORES  AND  CONVERTS  POST-USE  POLYMERS  AND  RECOVERED  FEEDSTOCKS IT
 RECEIVES USING ADVANCED RECYCLING. AN ADVANCED RECYCLING FACILITY  SHALL
 BE A MANUFACTURING FACILITY SUBJECT TO APPLICABLE DEPARTMENT MANUFACTUR-
 ING  REGULATIONS FOR AIR, WATER, WASTE, AND LAND USE. ADVANCED RECYCLING
 FACILITIES SHALL NOT BE CONSIDERED "SOLID WASTE MANAGEMENT  FACILITIES,"
 "SOLID  WASTE  DISPOSAL, REDUCTION OR CONVERSION FACILITIES," "MUNICIPAL
 SOLID WASTE  PROCESSING  FACILITIES,"  "RESOURCE  RECOVERY  FACILITIES,"
 "MATERIAL   RECOVERY   FACILITIES,"   "THERMAL   TREATMENT  FACILITIES,"
 "COMBUSTION FACILITIES,"  OR "INCINERATORS."
   7. "DEPOLYMERIZATION" MEANS A  MANUFACTURING  PROCESS  WHERE  POST-USE
 POLYMERS  ARE BROKEN INTO SMALLER MOLECULES SUCH AS MONOMERS AND OLIGOM-
 ERS OR RAW, INTERMEDIATE,  OR  FINAL  PRODUCTS,  PLASTICS  AND  CHEMICAL
 FEEDSTOCKS,  BASIC  AND UNFINISHED CHEMICALS, CRUDE OIL, NAPHTHA, LIQUID
 TRANSPORTATION FUELS,  WAXES,  LUBRICANTS,  COATINGS,  AND  OTHER  BASIC
 HYDROCARBONS.
 A. 5961                             3
 
   8.  "GASIFICATION"  MEANS A MANUFACTURING PROCESS THROUGH WHICH RECOV-
 ERED FEEDSTOCKS ARE HEATED AND CONVERTED INTO A FUEL AND GAS MIXTURE  IN
 AN  OXYGEN-DEFICIENT  ATMOSPHERE AND THE MIXTURE IS CONVERTED INTO VALU-
 ABLE RAW MATERIALS AND INTERMEDIATE AND FINAL  PRODUCTS,  INCLUDING  BUT
 NOT LIMITED TO, PLASTIC MONOMERS, CHEMICALS, WAXES, LUBRICANTS, CHEMICAL
 FEEDSTOCKS,  CRUDE  OIL,  DIESEL,  GASOLINE, DIESEL AND GASOLINE BLENDS-
 TOCKS, HOME HEATING OIL AND OTHER FUELS INCLUDING ETHANOL AND  TRANSPOR-
 TATION  FUEL,  THAT  ARE RETURNED TO ECONOMIC UTILITY IN THE FORM OF RAW
 MATERIALS, PRODUCTS, OR FUELS.
   9. "POST-USE POLYMER" MEANS A PLASTIC TO WHICH ALL  OF  THE  FOLLOWING
 APPLY:
   (A)   THE PLASTIC IS DERIVED FROM ANY INDUSTRIAL, COMMERCIAL, INSTITU-
 TIONAL, AGRICULTURAL, OR RESIDENTIAL ACTIVITIES;
   (B)  THE PLASTIC IS NOT MIXED WITH  SOLID  WASTE  OR  HAZARDOUS  WASTE
 ONSITE OR DURING PROCESSING AT THE ADVANCED RECYCLING FACILITY;
   (C)  THE PLASTIC'S USE OR INTENDED USE IS AS A FEEDSTOCK FOR THE MANU-
 FACTURING  OF  CRUDE OIL, FUELS, FEEDSTOCKS, BLENDSTOCKS, RAW MATERIALS,
 OR OTHER INTERMEDIATE PRODUCTS OR FINAL PRODUCTS USING ADVANCED  RECYCL-
 ING;
   (D)   THE PLASTIC HAS BEEN SORTED FROM SOLID WASTE AND OTHER REGULATED
 WASTE BUT MAY CONTAIN RESIDUAL AMOUNTS OF SOLID WASTE  SUCH  AS  ORGANIC
 MATERIAL AND INCIDENTAL CONTAMINANTS OR IMPURITIES, SUCH AS PAPER LABELS
 AND METAL RINGS; AND
   (E) THE PLASTIC IS PROCESSED AT AN ADVANCED RECYCLING FACILITY OR HELD
 AT SUCH FACILITY PRIOR TO PROCESSING.
   10.  "PYROLYSIS"  MEANS A MANUFACTURING PROCESS THROUGH WHICH POST-USE
 POLYMERS ARE HEATED IN THE ABSENCE OF OXYGEN UNTIL MELTED AND  THERMALLY
 DECOMPOSED  AND  ARE THEN COOLED, CONDENSED, AND CONVERTED INTO VALUABLE
 RAW MATERIALS AND INTERMEDIATE AND FINAL  PRODUCTS,  INCLUDING  BUT  NOT
 LIMITED  TO,  PLASTIC  MONOMERS,  CHEMICALS, WAXES, LUBRICANTS, CHEMICAL
 FEEDSTOCKS, CRUDE OIL, DIESEL, GASOLINE AND DIESEL AND GASOLINE  BLENDS-
 TOCKS,  HOME HEATING OIL AND OTHER FUELS INCLUDING ETHANOL AND TRANSPOR-
 TATION FUEL, THAT ARE RETURNED TO ECONOMIC UTILITY IN THE  FORM  OF  RAW
 MATERIALS, PRODUCTS, OR FUELS.
   11. (A) "RECOVERED FEEDSTOCK" MEANS ONE OR MORE OF THE FOLLOWING MATE-
 RIALS  THAT HAS BEEN PROCESSED SO THAT IT MAY BE USED AS FEEDSTOCK IN AN
 ADVANCED RECYCLING FACILITY:
   (I)  POST-USE POLYMERS; OR
   (II) MATERIALS FOR WHICH THE UNITED  STATES  ENVIRONMENTAL  PROTECTION
 AGENCY  HAS  MADE  A  NON-WASTE  DETERMINATION  PURSUANT  TO  40  C.F.R.
 241.3(C), OR HAS OTHERWISE  DETERMINED  ARE  FEEDSTOCKS  AND  NOT  SOLID
 WASTE;
   (B)  RECOVERED FEEDSTOCK SHALL NOT INCLUDE UNPROCESSED MUNICIPAL SOLID
 WASTE.
   (C) RECOVERED FEEDSTOCK SHALL NOT BE MIXED WITH SOLID WASTE OR HAZARD-
 OUS WASTE ONSITE OR DURING PROCESSING AT AN ADVANCED RECYCLING FACILITY.
   12. "SOLVOLYSIS" MEANS A MANUFACTURING PROCESS THROUGH WHICH  POST-USE
 POLYMERS  ARE  REACTED  WITH  THE  AID  OF SOLVENTS, WHILE HEATED AT LOW
 TEMPERATURES AND/OR PRESSURIZED TO MAKE USEFUL PRODUCTS  WHILE  ALLOWING
 ADDITIVES  AND  CONTAMINANTS TO BE SEPARATED. THE PRODUCTS OF SOLVOLYSIS
 INCLUDE BUT ARE NOT LIMITED TO MONOMERS, INTERMEDIATES AND VALUABLE  RAW
 MATERIALS.  THE  PROCESS SHALL INCLUDE BUT NOT BE LIMITED TO HYDROLYSIS,
 AMINOLYSIS, AMMONOLOYSIS, METHANOLYSIS AND GLYCOLYSIS.
   § 3. Section 27-0707 of the environmental conservation law is  amended
 by adding a new subdivision 8 to read as follows:
 A. 5961                             4
 
   8.  ADVANCED  RECYCLING FACILITIES SHALL BE EXEMPT FROM PERMITTING AND
 REGULATORY REQUIREMENTS APPLICABLE TO SOLID WASTE MANAGEMENT  FACILITIES
 UNDER  THE  AUTHORITY OF THIS ARTICLE AND FROM REGULATIONS UNDER 6 NYCRR
 PART 360 RELATING TO SOLID WASTE MANAGEMENT FACILITIES, 6 NYCRR PART 361
 RELATING  TO MATERIAL RECOVERY FACILITIES, AND 6 NYCRR PART 362 RELATING
 TO COMBUSTION, THERMAL TREATMENT, TRANSFER, AND COLLECTION FACILITIES.
   § 4. This act shall take effect immediately.