Bill Text: NY A05099 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows towns having populations of less than twenty thousand persons to burn brush without a permit.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-02-07 - referred to environmental conservation [A05099 Detail]

Download: New_York-2019-A05099-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5099
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Environmental Conservation
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          allowing towns having populations of less than twenty thousand persons
          to burn brush without a permit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  9-1105  of the environmental conservation law is
     2  amended by adding a new subdivision 7 to read as follows:
     3    7. Exemption. (a) Any city or village, or any town with a  total  town
     4  population, including incorporated or unincorporated areas, of less than
     5  twenty  thousand is hereby further authorized and empowered to adopt and
     6  amend local laws, ordinances, or resolutions which exempt  such  munici-
     7  pality  from  any code, rule, regulation or standard that would restrict
     8  the burning of garbage, refuse or rubbish, as defined in  this  section,
     9  in  an  open  fire. In addition, any city or village, or any town with a
    10  total town population, including incorporated or  unincorporated  areas,
    11  of  less than twenty thousand is hereby further authorized and empowered
    12  to adopt and amend local laws, ordinances, or resolutions  which  exempt
    13  such municipality from any code, rule, regulation or standard that would
    14  restrict  the  burning of garbage, refuse or rubbish, as defined in this
    15  section, in an open fire on land possessed by a single family, a  member
    16  of which is the owner, occupant or lessee of said land, or any part of a
    17  farm on which only animal or vegetable waste is generated as a result of
    18  the operation of such farm.
    19    (b)  For  the  purposes  of this subdivision the following definitions
    20  shall apply:
    21    (i) "Open fire" shall mean any outdoor fire or outdoor smoke producing
    22  process from which  air  contaminants  are  emitted  directly  into  the
    23  outdoor atmosphere.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07607-01-9

        A. 5099                             2
     1    (ii)  "Garbage"  shall  mean  the animal and vegetable waste resulting
     2  from the handling, preparation, cooking and serving of food.
     3    (iii) "Refuse" shall mean all waste material, including but not limit-
     4  ed to, incinerator residue, street sweepings, dead animals and offal.
     5    (iv)  "Rubbish"  shall  mean solid or liquid waste material, including
     6  but not limited to, paper and paper products,  rags,  trees  or  leaves,
     7  needles  and  branches from trees, vines, lawn and garden debris, furni-
     8  ture, wood, and sawdust.
     9    § 2. This act shall take effect immediately.
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