Section 27-0103. State solid waste management plan

1.  For  the purposes of this article, the department is designated as
  the official state agency with  the  responsibility  for  preparing  and
  updating  the  New  York  state solid waste management plan (hereinafter
  referred to as the "plan") consistent with the state  resource  recovery
  policies  declared  in  the New York state resource recovery policy act,
  with this title, with titles five and seven of this  article,  and  with
  the  federal  "Resource  Conservation  and  Recovery  Act  of  1976" and
  amendments thereto.
    2. The commissioner shall, with the advice of the  state  solid  waste
  management  board  established  pursuant  to  section  27-0702  of  this
  article, biennially  review  the  status  of  programs  and  information
  contained  within  the  plan and make recommendations for legislation or
  other state action related to:
    (a) comprehensive procurement policies applicable  to  state  agencies
  and public authorities which will give maximum feasible encouragement to
  the procurement of products manufactured with stated levels of secondary
  materials;
    (b)  incentives for developing and expanding markets for promoting the
  return  of  secondary  materials  and  other  recovered   resources   to
  productive use; and
    (c)  analysis  of  packaging and other various components of the waste
  stream to propose changes which will conserve energy  and  reduce  solid
  waste generation.
    In   making   such   recommendations  and  reviewing  said  plans  the
  commissioner shall take into account sound  principles  of  solid  waste
  management    and   relevant   considerations   of   natural   resources
  conservation, energy production and  employment  creating  opportunities
  and  shall further take into account any relevant changes in federal and
  state laws, any local solid waste management plans developed pursuant to
  section 27-0107 of this article, and the experience of  agencies,  local
  governments,  private industry, the public and the results of the public
  participation contemplated by the United States Environmental Protection
  Agency's Guidelines for  Public  Participation  in  Programs  under  the
  Resource Conservation and Recovery Act (40 CFR Part 25). On the basis of
  that  review,  the  commissioner  shall modify the plan, as appropriate,
  and, not later than March thirty-first of every other year,  shall  file
  such modified plan with the governor and the legislature.
    3. Amendments to the plan shall assure current attention to:
    (a)  an  identification  of the boundaries of those regions within the
  state which, as a result of urban concentration, geographic  conditions,
  secondary   materials  markets,  technological  feasibility,  and  other
  factors,  are  appropriate  for  carrying  out  regional   solid   waste
  management;
    (b)  identification of which solid waste functions will be planned for
  and carried out by which local authorities, regional authorities,  state
  authorities,  agencies  and  public  benefit  corporations,  giving  due
  consideration to the compatibility  of  the  planning  and  implementing
  functions which can be combined at the local level;
    (c)  identification  of  local,  regional  and  state  authorities and
  agencies which shall have responsibility for the solid  waste  functions
  identified  in  the plan which shall be managed and carried out by or on
  behalf  of  such  entities  or  any  combination  thereof,  giving   due
  consideration  to  the  compatibility  of  the planning and implementing
  functions which can be combined at the local level;
    (c-1)  identification  of  strategies,  programs  and  practices,   in
  consultation with the commissioner of the office of general services, to
  be undertaken by the state in the management of solid waste generated by

  state agencies, to ensure the attainment by the state of statewide solid
  waste  reduction  and  recycling  goals  established  in the plan. Using
  information obtained from individual state agencies, the plan shall  set
  forth dates by which the state of New York as a generator of solid waste
  is  to  recover progressively increasing amounts of recyclable materials
  from its waste stream and  attain  a  reduction  in  its  waste  stream,
  consistent  with  the  statewide  waste  reduction  and  recycling goals
  identified in the plan.
    (d) identification of the environmental  impacts  including,  but  not
  limited to, air or water pollution, or the generation of hazardous waste
  resulting from the utilization of solid waste management technologies;
    (e) identification and projections of changes in the waste stream that
  are  likely to occur during the useful life of a proposed facility, on a
  statewide and regional basis, during the projected planning period;
    (f) the status of solid waste management activities and capacity,  and
  projected special needs within the state;
    (g)  an assessment of future programs and resource needs to effectuate
  the purposes of such plan;
    (h) an assessment of alternative resource recovery practices including
  but not limited to source separation, waste volume reduction,  community
  recycling  centers  and sanitary landfill or other environmentally sound
  disposal manner or practice;
    (i)  any  local  solid  waste  management  plan   submitted   to   the
  commissioner by or on behalf of any municipality;
    (j) legislative recommendations appropriate to effectuate the purposes
  of this title; and
    (k) any other recommendations as may be appropriate.
    4.  In the case of any region which, pursuant to the federal "Resource
  Conservation and Recovery Act of 1976", would be located in two or  more
  states,  the commissioner shall include in the plan an identification of
  such regions and the function to be performed thereby and  shall  submit
  to  the governor and the legislature recommendations for the development
  and enactment of the interstate agreements necessary to  carry  out  the
  purposes of this article.
    5.   In   connection  with  developing  and  updating  the  plan,  the
  commissioner  may  request  and  shall  receive  from  any   department,
  division,  board, bureau, commission or other agency of the state or any
  political subdivision thereof or any public  authority  such  assistance
  and  data  as  may be reasonably necessary to enable the commissioner to
  carry out his  responsibilities  under  this  section.  In  making  such
  request,   the  commissioner  shall  consult  and  cooperate  with  such
  municipality  or  other  public  body  to  ensure  against   unnecessary
  duplication of effort or other administrative inefficiency.