Bill Text: NY A00978 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the unlawful disposing of construction and demolition debris.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-02-16 - signed chap.29 [A00978 Detail]

Download: New_York-2021-A00978-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           978

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law, in relation  to  the
          unlawful disposing of construction and demolition debris

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 15 of  section  71-2702  of  the  environmental
     2  conservation law, as added by a chapter of the laws of 2020 amending the
     3  environmental  conservation law relating to the disposal of construction
     4  and demolition waste and amending the penal law relating to creating the
     5  crime of scheme to defraud by disposal of solid waste,  as  proposed  in
     6  legislative  bills  numbers S. 6758-B and A. 10803-A, is amended to read
     7  as follows:
     8    15. For the purposes of section 27-3101 of this chapter  and  subdivi-
     9  sion  five  of  section  71-2712,  subdivisions seven, eight and nine of
    10  section 71-2713 and subdivision three of section 71-2714 of this title:
    11    (a) ["property of another" shall include all property in which another
    12  person has an ownership interest, whether or not a person  who  disposes
    13  on such property, or any other person, may also have an interest in such
    14  property; and
    15    (b)  "construction  and  demolition  waste" shall mean waste resulting
    16  from  the  alteration,  construction,  destruction,  rehabilitation,  or
    17  repair  of  any  man-made structure, including houses, buildings, indus-
    18  trial or commercial facilities and roadways and  restricted  or  limited
    19  use fill and shall not include municipal solid waste.] "construction and
    20  demolition  debris" shall mean waste resulting from construction, remod-
    21  eling, repair and demolition of structures, buildings and roads, includ-
    22  ing but not limited to excavated material. Construction  and  demolition
    23  debris  shall not include, even if generated from construction, remodel-
    24  ing, repair and demolition activities, municipal solid  waste  and  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07182-01-1
        A. 978                              2

     1  other  materials  that  may be listed for exclusion from this definition
     2  pursuant to regulations promulgated by the department.
     3    (b) "excavated material" means excess soil, rock, fill, or other mate-
     4  rial  excavated  during  construction  or maintenance activities. "Fill"
     5  shall include soil or  other  granular,  compactible  material  that  is
     6  authorized  for  use  pursuant to regulations promulgated by the depart-
     7  ment.
     8    § 2. Subdivision 5 of section 71-2712 of the  environmental  conserva-
     9  tion  law,  as added by a chapter of the laws of 2020 amending the envi-
    10  ronmental conservation law relating to the disposal of construction  and
    11  demolition  waste  and  amending  the penal law relating to creating the
    12  crime of scheme to defraud by disposal of solid waste,  as  proposed  in
    13  legislative  bills  numbers S. 6758-B and A. 10803-A, is amended to read
    14  as follows:
    15    5. With intent to dispose of construction and demolition [waste on the
    16  property of another and having no right to  do  so  nor  any  reasonable
    17  grounds  to  believe  he  or  she  has  such right, he or she unlawfully
    18  disposes] debris, he or she intentionally engages in conduct that causes
    19  the unlawful disposal or release of either ten cubic yards or  more,  or
    20  twenty  thousand  pounds or more, of construction and demolition [waste]
    21  debris, as defined in section 71-2702 of this title[, on such property].
    22    § 3. Subdivisions 7, 8 and 9 of section 71-2713 of  the  environmental
    23  conservation law, as added by a chapter of the laws of 2020 amending the
    24  environmental  conservation law relating to the disposal of construction
    25  and demolition waste and amending the penal law relating to creating the
    26  crime of scheme to defraud by disposal of solid waste,  as  proposed  in
    27  legislative  bills numbers S. 6758-B and A. 10803-A, are amended to read
    28  as follows:
    29    7. With intent to dispose of construction and demolition [waste on the
    30  property of another and having no right to  do  so  nor  any  reasonable
    31  grounds  to  believe he or she has such right] debris, he or she [unlaw-
    32  fully disposes] intentionally engages in conduct that causes the  unlaw-
    33  ful  disposal  or  release of either seventy cubic yards or more, or one
    34  hundred forty thousand pounds or more, of  construction  and  demolition
    35  [waste]  debris,  as  defined in section 71-2702 of this title[, on such
    36  property]; or
    37    8. With intent to dispose of a hazardous substance on the property  of
    38  another  [and  having  no  right  to do so nor any reasonable grounds to
    39  believe he or she has such right, he or she unlawfully disposes]  he  or
    40  she  intentionally  engages in conduct that causes the unlawful disposal
    41  or release of a hazardous substance; or
    42    9. He or she recklessly disposes of any acutely hazardous substance on
    43  [the] any property [of another].
    44    § 4. Subdivision 3 of section 71-2714 of the  environmental  conserva-
    45  tion  law,  as added by a chapter of the laws of 2020 amending the envi-
    46  ronmental conservation law relating to the disposal of construction  and
    47  demolition  waste  and  amending  the penal law relating to creating the
    48  crime of scheme to defraud by disposal of solid waste,  as  proposed  in
    49  legislative  bills  numbers S. 6758-B and A. 10803-A, is amended to read
    50  as follows:
    51    3. With intent to dispose of an acutely hazardous  substance  [on  the
    52  property  of  another  and  having  no right to do so nor any reasonable
    53  grounds to believe he or she has such  right],  he  or  she  [unlawfully
    54  disposes]  intentionally  engages  in  conduct  that causes the unlawful
    55  disposal or release of an acutely  hazardous  substance  on  [such]  any
    56  property.
        A. 978                              3

     1    §  5. The title heading of title 31 of article 27 of the environmental
     2  conservation law, as added by a chapter of the laws of 2020 amending the
     3  environmental conservation law relating to the disposal of  construction
     4  and demolition waste and amending the penal law relating to creating the
     5  crime  of  scheme  to defraud by disposal of solid waste, as proposed in
     6  legislative bills numbers S. 6758-B and A. 10803-A, is amended  to  read
     7  as follows:
     8                 CONSTRUCTION AND DEMOLITION [WASTE] DEBRIS
     9    §  6.  Section 27-3101 of the environmental conservation law, as added
    10  by a chapter of the laws of 2020 amending the environmental conservation
    11  law relating to the disposal of construction and  demolition  waste  and
    12  amending  the  penal  law  relating  to  creating the crime of scheme to
    13  defraud by disposal of solid waste, as  proposed  in  legislative  bills
    14  numbers S. 6758-B and A. 10803-A, is amended to read as follows:
    15  § 27-3101. Waste tracking documents.
    16    1.  All  generators in a city with a population of one million or more
    17  that generate construction and demolition [waste] debris, as defined  in
    18  section 71-2702 of this chapter, shall provide waste transporters with a
    19  waste  tracking  document  for  each construction and demolition [waste]
    20  debris shipment, in a form prescribed or  approved  by  the  department,
    21  specifying  the quantity and type of construction and demolition [waste]
    22  debris, and signed and dated by  an  authorized  representative  of  the
    23  generator  and  with a certification in a form prescribed by the depart-
    24  ment, which shall contain a certification  by  the  generator  that  the
    25  information  therein is true, accurate and complete. [The waste tracking
    26  documentation shall state: "I certify, under penalty of  law,  that  the
    27  information  provided  in this waste tracking document has been prepared
    28  under my direction and supervision and further certify that the informa-
    29  tion contained herein is true and accurate. I am aware  that  any  false
    30  statement  made on this form is punishable pursuant to section 210.45 of
    31  the Penal Law."]
    32    2. All transporters of  construction  and  demolition  [waste]  debris
    33  generated in a city with a population of one million or more shall:
    34    (a)  not  accept  a shipment of [waste] debris that does not match the
    35  quantity or type listed on the [waste] debris tracking document;
    36    (b) have the [waste] debris tracking document signed by the  receiving
    37  location  or  facility  upon  delivery  of  the solid [waste] debris and
    38  provide a copy of the tracking document to  the  receiving  location  or
    39  facility.
    40    3.  Failure to maintain such tracking documents is a class A misdemea-
    41  nor.
    42    § 7. This act shall take effect on the  same  date  and  in  the  same
    43  manner  as  a  chapter  of  the  laws of 2020 amending the environmental
    44  conservation law relating to the disposal of construction and demolition
    45  waste and amending the penal law  relating  to  creating  the  crime  of
    46  scheme to defraud by disposal of solid waste, as proposed in legislative
    47  bills numbers S. 6758-B and A. 10803-A, takes effect.