S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4744
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 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 NOT INCLUDE  POST-USE  POLYMERS  AND  RECOVERED
 FEEDSTOCKS CONVERTED AT AN ADVANCED RECYCLING FACILITY OR HELD AT SUCH A
 FACILITY  PRIOR  TO CONVERSION THROUGH AN ADVANCED RECYCLING PROCESS, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05127-02-3
              

 A. 4744                             2
 
 AN  ADVANCED  RECYCLING  FACILITY  AS SUCH TERMS ARE DEFINED PURSUANT TO
 SECTION 27-0701 OF THIS ARTICLE, OR  HELD  AT  SUCH  FACILITY  PRIOR  TO
 CONVERSION.
   §  2.  Subdivisions 1, 2 and 3 of section 27-0701 of the environmental
 conservation law, subdivision 1 as amended by chapter 425 of the laws of
 1977, subdivision 2 as amended by chapter  253  of  the  laws  of  1988,
 subdivision  3  as  added  by  chapter  399 of the laws of 1973 and such
 section as renumbered by chapter 425 of the laws of  1977,  are  amended
 and eleven new subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 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  A
 FACILITY PRIOR TO CONVERSION THROUGH AN ADVANCED RECYCLING PROCESS.
   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 DOES NOT INCLUDE ADVANCED RECYCLING FACIL-
 ITIES.
   3. "Solid waste management" means the purposeful and systematic trans-
 portation, storage, processing, recovery and disposal of solid  waste  ,
 BUT DOES NOT INCLUDE ADVANCED RECYCLING.
   5.  "ADVANCED RECYCLING" MEANS A MANUFACTURING PROCESS FOR THE CONVER-
 SION OF POST-USE POLYMERS AND RECOVERED FEEDSTOCKS INTO BASIC RAW  MATE-
 RIALS,  FEEDSTOCKS, CHEMICALS, AND OTHER PRODUCTS THROUGH PROCESSES THAT
 INCLUDE PYROLYSIS, GASIFICATION, DEPOLYMERIZATION,  CATALYTIC  CRACKING,
 REFORMING, HYDROGENATION, SOLVOLYSIS, CHEMOLYSIS AND OTHER SIMILAR TECH-
 NOLOGIES.   THE RECYCLED PRODUCTS PRODUCED AT ADVANCED RECYCLING FACILI-
 TIES INCLUDE, BUT ARE NOT LIMITED  TO,  MONOMERS,  OLIGOMERS,  PLASTICS,
 PLASTICS AND CHEMICAL FEEDSTOCKS, BASIC AND UNFINISHED CHEMICALS, WAXES,
 LUBRICANTS,  COATINGS,  AND  ADHESIVES.  "ADVANCED  RECYCLING"  DOES NOT
 INCLUDE INCINERATION  OF  PLASTICS  OR  WASTE-TO-ENERGY  PROCESSES,  AND
 PRODUCTS  SOLD  AS  FUEL ARE NOT RECYCLED PRODUCTS. "ADVANCED RECYCLING"
 SHALL BE CONSIDERED "RECYCLING".  FOR PURPOSES OF THIS ARTICLE  AND  ITS
 IMPLEMENTING  REGULATIONS,  "ADVANCED RECYCLING" SHALL NOT BE CONSIDERED
 "SOLID WASTE MANAGEMENT", "SOLID WASTE PROCESSING", "SOLID WASTE  RECOV-
 ERY", "INCINERATION", "TREATMENT" OR "WASTE-TO-ENERGY".
   6.  "ADVANCED  RECYCLING FACILITY" MEANS A MANUFACTURING FACILITY THAT
 RECEIVES, STORES AND CONVERTS POST-USE POLYMERS AND RECOVERED FEEDSTOCKS
 IT RECEIVES USING ADVANCED RECYCLING. AN ADVANCED RECYCLING FACILITY  IS
 A  MANUFACTURING FACILITY SUBJECT TO APPLICABLE DEPARTMENT MANUFACTURING
 REGULATIONS FOR AIR, WATER, WASTE, AND LAND USE. FOR  PURPOSES  OF  THIS
 ARTICLE  AND ITS IMPLEMENTING REGULATIONS, ADVANCED RECYCLING FACILITIES
 SHALL NOT  BE  CONSIDERED  "SOLID  WASTE  DISPOSAL  FACILITIES",  "FINAL
 A. 4744                             3
 
 DISPOSAL  FACILITIES", "SOLID WASTE MANAGEMENT FACILITIES", "SOLID WASTE
 PROCESSING FACILITIES", "SOLID WASTE  RECOVERY  FACILITIES",  "INCINERA-
 TORS" OR "WASTE-TO-ENERGY FACILITIES".
   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, WAXES, LUBRICANTS, AND COAT-
 INGS.
   8. "GASIFICATION" MEANS A MANUFACTURING PROCESS THROUGH WHICH POST-USE
 POLYMERS OR RECOVERED FEEDSTOCKS  ARE  HEATED  IN  AN  OXYGEN-CONTROLLED
 ATMOSPHERE  AND CONVERTED INTO SYNGAS (CARBON MONOXIDE (CO) AND HYDROGEN
 (H2)), FOLLOWED BY CONVERSION INTO VALUABLE RAW, INTERMEDIATE AND  FINAL
 PRODUCTS,  INCLUDING  BUT  NOT  LIMITED  TO PLASTIC MONOMERS, CHEMICALS,
 WAXES, LUBRICANTS, COATINGS, PLASTIC AND CHEMICAL  FEEDSTOCKS  THAT  ARE
 RETURNED TO ECONOMIC UTILITY IN THE FORM OF RAW MATERIALS OR PRODUCTS.
   9.  "MASS  BALANCE  ATTRIBUTION"  MEANS  A CHAIN OF CUSTODY ACCOUNTING
 METHODOLOGY WITH RULES DEFINED BY  A  THIRD-PARTY  CERTIFICATION  SYSTEM
 THAT  ENABLES  THE  ATTRIBUTION OF THE MASS OF ADVANCED RECYCLING FEEDS-
 TOCKS TO ONE OR MORE ADVANCED RECYCLING PRODUCTS.
   10. "POST-USE POLYMER" MEANS A PLASTIC TO WHICH ALL OF  THE  FOLLOWING
 APPLY:
   (A)  THE  PLASTIC IS DERIVED FROM ANY INDUSTRIAL, COMMERCIAL, AGRICUL-
 TURAL, OR DOMESTIC ACTIVITIES, AND INCLUDES PRE-CONSUMER RECOVERED MATE-
 RIALS AND POST-CONSUMER MATERIALS.
   (B) THE PLASTIC HAS BEEN SORTED FROM SOLID WASTE AND  OTHER  REGULATED
 WASTE BUT MAY CONTAIN RESIDUAL AMOUNTS OF WASTE SUCH AS ORGANIC MATERIAL
 AND  INCIDENTAL CONTAMINANTS OR IMPURITIES (E.G., PAPER LABELS AND METAL
 RINGS).
   (C) THE PLASTIC IS NOT MIXED  WITH  SOLID  WASTE  OR  HAZARDOUS  WASTE
 ONSITE OR DURING PROCESSING AT THE ADVANCED RECYCLING FACILITY.
   (D)  THE PLASTIC'S USE OR INTENDED USE IS AS A FEEDSTOCK FOR THE MANU-
 FACTURING OF FEEDSTOCKS, RAW MATERIALS, OR OTHER  INTERMEDIATE  PRODUCTS
 OR FINAL PRODUCTS USING ADVANCED RECYCLING.
   (E) THE PLASTIC IS PROCESSED AT AN ADVANCED RECYCLING FACILITY OR HELD
 AT SUCH FACILITY PRIOR TO PROCESSING.
   11.  "PYROLYSIS"  MEANS A MANUFACTURING PROCESS THROUGH WHICH POST-USE
 POLYMERS OR RECOVERED FEEDSTOCKS ARE HEATED IN  THE  ABSENCE  OF  OXYGEN
 UNTIL  MELTED  AND  THERMALLY  DECOMPOSED (NON-CATALYTICALLY OR CATALYT-
 ICALLY) AND ARE THEN COOLED, CONDENSED, AND CONVERTED INTO VALUABLE  RAW
 MATERIALS AND INTERMEDIATE AND FINAL PRODUCTS, INCLUDING BUT NOT LIMITED
 TO,  PLASTIC  MONOMERS,  CHEMICALS, NAPHTHA, WAXES, PLASTIC AND CHEMICAL
 FEEDSTOCKS THAT ARE RETURNED TO ECONOMIC UTILITY  IN  THE  FORM  OF  RAW
 MATERIALS AND PRODUCTS.
   12. "RECOVERED FEEDSTOCK" MEANS ONE OR MORE OF THE FOLLOWING MATERIALS
 THAT  HAS  BEEN  PROCESSED  SO  THAT  IT  MAY BE USED AS FEEDSTOCK IN AN
 ADVANCED RECYCLING FACILITY:
   (A) POST-USE POLYMERS;
   (B) MATERIALS FOR WHICH THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION
 AGENCY  HAS  MADE  A NON-WASTE DETERMINATION OR HAS OTHERWISE DETERMINED
 ARE FEEDSTOCKS AND NOT SOLID WASTE;
   (C) RECOVERED FEEDSTOCK THAT DOES NOT  INCLUDE  UNPROCESSED  MUNICIPAL
 SOLID WASTE; OR
   (D)  RECOVERED FEEDSTOCK THAT IS NOT MIXED WITH SOLID WASTE OR HAZARD-
 OUS WASTE ONSITE OR DURING PROCESSING AT AN ADVANCED RECYCLING FACILITY.
   13. "RECYCLED PLASTICS" OR "RECYCLED PLASTIC" MEANS PRODUCTS THAT  ARE
 PRODUCED  (A) FROM MECHANICAL RECYCLING OF PRE-CONSUMER RECOVERED FEEDS-
 A. 4744                             4
 
 TOCKS OR PLASTICS, AND POST-CONSUMER PLASTICS OR (B) FROM  THE  ADVANCED
 RECYCLING  OF  PRE-CONSUMER  RECOVERED FEEDSTOCKS OR PLASTICS, AND POST-
 CONSUMER PLASTICS VIA  MASS  BALANCE  ATTRIBUTION  UNDER  A  THIRD-PARTY
 CERTIFICATION SYSTEM.
   14.  "SOLVOLYSIS" MEANS A MANUFACTURING PROCESS THROUGH WHICH POST-USE
 POLYMERS ARE PURIFIED WITH THE AID OF  SOLVENTS,  WHILE  HEATED  AT  LOW
 TEMPERATURES  AND/OR PRESSURIZED TO MAKE USEFUL PRODUCTS, ALLOWING ADDI-
 TIVES AND CONTAMINANTS TO BE REMOVED. THE PRODUCTS OF  SOLVOLYSIS  SHALL
 INCLUDE MONOMERS, INTERMEDIATES, VALUABLE CHEMICALS, PLASTICS AND CHEMI-
 CAL  FEEDSTOCKS  AND RAW MATERIALS. THE PROCESS SHALL INCLUDE BUT IS NOT
 LIMITED TO HYDROLYSIS, AMINOLYSIS, AMMONOLOYSIS, METHANOLYSIS AND GLYCO-
 LYSIS.
   15. "THIRD-PARTY CERTIFICATION  SYSTEM"  MEANS  AN  INTERNATIONAL  AND
 MULTI-NATIONAL THIRD-PARTY CERTIFICATION SYSTEM, WHICH CONSISTS OF A SET
 OF  RULES  FOR THE IMPLEMENTATION OF MASS BALANCE ATTRIBUTION APPROACHES
 FOR ADVANCED RECYCLING OF MATERIALS. THIRD-PARTY  CERTIFICATION  SYSTEMS
 SHALL  INCLUDE,  BUT  ARE NOT LIMITED TO, INTERNATIONAL SUSTAINABILITY &
 CARBON CERTIFICATION; UNDERWRITER LABORATORIES,  SCS  RECYCLED  CONTENT,
 ROUNDTABLE ON SUSTAINABLE BIOMATERIALS, ECOLOOP, AND REDCERT2.
   §  3. Section 27-0707 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   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.