Bill Text: NY A03937 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires state agencies and contractors to recycle a certain percentage of the waste generated on public works construction and demolition sites.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A03937 Detail]

Download: New_York-2021-A03937-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3937

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 29, 2021
                                       ___________

        Introduced  by  M. of A. COLTON, LUPARDO, M. MILLER, DICKENS, SEAWRIGHT,
          ABINANTI, WILLIAMS, BARRON, J. RIVERA, SOLAGES --  Multi-Sponsored  by
          --  M. of A.  GLICK, WALKER -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the executive law, in relation to requiring state  agen-
          cies   and   persons   contracting   with  such  agencies  to  recycle
          construction and demolition site waste

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

     1    Section  1. The executive law is amended by adding a new section 163-b
     2  to read as follows:
     3    § 163-b.  Construction and demolition site waste recycling. 1. As used
     4  in this section:
     5    (a) "Contractor" means a general contractor having a contract  with  a
     6  state agency, and all subcontractors of such general contractor perform-
     7  ing public work pursuant to such contract.
     8    (b) "Construction and demolition debris" shall not include any materi-
     9  al that is contaminated by lead, asbestos or other hazardous material in
    10  such a way as to render recycling illegal or impossible.
    11    (c)  "Recycler"  means a recycling facility, transfer station or other
    12  waste handling facility permitted pursuant to this article which accepts
    13  construction and demolition debris for recycling or for further transfer
    14  to a recycling facility.
    15    (d) "Reuse" means (i) the on-site use of reprocessed construction  and
    16  demolition  debris  if  such on-site use is authorized in writing by the
    17  commissioner; and (ii) the off-site redistribution of a  material  which
    18  would  otherwise  be disposed of, for use in the same or similar form as
    19  it was produced.
    20    (e) "State agency" shall mean (1) (i) any state  department,  or  (ii)
    21  any  division,  board,  commission or bureau of any state department, or
    22  (iii) the state university of New York and the city  university  of  New

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05860-01-1
        A. 3937                             2

     1  York,  including  all  their constituent units except community colleges
     2  and  the  independent  institutions  operating  statutory  or   contract
     3  colleges  on  behalf  of the state, or (iv) a board, a majority of whose
     4  members  are  appointed  by the governor or who serve by virtue of being
     5  state officers or employees as defined  in  subparagraph  (i),  (ii)  or
     6  (iii)  of  paragraph  (i) of subdivision one of section seventy-three of
     7  the public officers law.
     8    (2) the following only to the extent of state contracts  entered  into
     9  for  its  own account or for the benefit of a state agency as defined in
    10  subparagraph one of this paragraph:
    11    dormitory authority of the state of New York;
    12    facilities development corporation;
    13    New York state energy research and development authority;
    14    New York state science and technology foundation.
    15    2. Every state agency and every contractor performing public work  for
    16  a state agency shall recycle or reuse construction and demolition debris
    17  produced  on  site  as  part of construction or demolition activities by
    18  meeting the following requirements:
    19    (a) On a public works project commenced within one year of the  effec-
    20  tive date of this section, the state agency or contractor shall cause to
    21  be  recycled  or reused at least twenty-five percent of the construction
    22  and demolition debris, as measured by weight, produced on site.
    23    (b) On a public works project commenced one year  or  more  after  the
    24  effective  date  of  this  section, the state agency or contractor shall
    25  cause  to  be  recycled  or  reused  at  least  fifty  percent  of   the
    26  construction  and  demolition debris, as measured by weight, produced on
    27  site.
    28    3. Within thirty days of completion of a  public  works  project,  the
    29  state agency or contractor shall submit documentation to the state comp-
    30  troller  to  report compliance with this section. Documentation shall be
    31  in a form prescribed by the state  comptroller,  and  shall  consist  of
    32  notarized  affidavits  from the state agency or contractor and the waste
    33  hauler or recycler for the public works project certifying the extent to
    34  which the public works project complies with this section.
    35    § 2. This act shall take effect on the first of January next  succeed-
    36  ing the date on which it shall have become a law.