Bill Text: NY A10803 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to the disposal of construction and demolition waste; provides penalties for the unlawful disposal and dealing in construction and demolition wastes; requires waste tracking documents for the disposal of construction and demolition waste; creates the crime of scheme to defraud by disposal of solid waste.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2020-12-15 - approval memo.38 [A10803 Detail]
Download: New_York-2019-A10803-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10803--A IN ASSEMBLY July 11, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright, Stern, Ramos, Griffin, D'Urso, Otis) -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the disposal of construction and demolition waste; and to amend the penal law, in relation to creating the crime of scheme to defraud by disposal of solid waste The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 71-2702 of the environmental conservation law is 2 amended by adding a new subdivision 15 to read as follows: 3 15. For the purposes of section 27-3101 of this chapter and subdivi- 4 sion five of section 71-2712, subdivisions seven, eight and nine of 5 section 71-2713 and subdivision three of section 71-2714 of this title: 6 (a) "property of another" shall include all property in which another 7 person has an ownership interest, whether or not a person who disposes 8 on such property, or any other person, may also have an interest in such 9 property; and 10 (b) "construction and demolition waste" shall mean waste resulting 11 from the alteration, construction, destruction, rehabilitation, or 12 repair of any man-made structure, including houses, buildings, indus- 13 trial or commercial facilities and roadways and restricted or limited 14 use fill and shall not include municipal solid waste. 15 § 2. Subdivision 4 of section 71-2712 of the environmental conserva- 16 tion law, as amended by chapter 26 of the laws of 1998, is amended and a 17 new subdivision 5 is added to read as follows: 18 4. He or she knowingly engages in conduct which causes the release of 19 more than one hundred gallons or one thousand pounds, whichever is less, 20 of an aggregate weight or volume of a substance hazardous to public 21 health, safety or the environment[.]; or 22 5. With intent to dispose of construction and demolition waste on the 23 property of another and having no right to do so nor any reasonable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16927-06-0A. 10803--A 2 1 grounds to believe he or she has such right, he or she unlawfully 2 disposes of either ten cubic yards or more, or twenty thousand pounds or 3 more, of construction and demolition waste, as defined in section 4 71-2702 of this title, on such property. 5 § 3. Subdivision 6 of section 71-2713 of the environmental conserva- 6 tion law, as amended by chapter 26 of the laws of 1998, is amended and 7 three new subdivisions 7, 8 and 9 are added to read as follows: 8 6. He or she knowingly or recklessly engages in conduct which causes 9 the release of a substance hazardous to public health, safety or the 10 environment and such substance enters a primary water supply[.]; or 11 7. With intent to dispose of construction and demolition waste on the 12 property of another and having no right to do so nor any reasonable 13 grounds to believe he or she has such right, he or she unlawfully 14 disposes of either seventy cubic yards or more, or one hundred forty 15 thousand pounds or more, of construction and demolition waste, as 16 defined in section 71-2702 of this title, on such property; or 17 8. With intent to dispose of a hazardous substance on the property of 18 another and having no right to do so nor any reasonable grounds to 19 believe he or she has such right, he or she unlawfully disposes of a 20 hazardous substance; or 21 9. He or she recklessly disposes of any acutely hazardous substance on 22 the property of another. 23 § 4. Subdivision 2 of section 71-2714 of the environmental conserva- 24 tion law, as amended by chapter 26 of the laws of 1998, is amended and a 25 new subdivision 3 is added to read as follows: 26 2. He or she knowingly engages in conduct which causes the release of 27 a substance acutely hazardous to public health, safety or the environ- 28 ment or the release of a substance which at the time of the conduct he 29 or she knows to meet any of the criteria set forth in paragraph (b) of 30 subdivision one of section 37-0103 of this chapter and such release 31 causes physical injury to any person who is not a participant in the 32 crime[.]; 33 3. With intent to dispose of an acutely hazardous substance on the 34 property of another and having no right to do so nor any reasonable 35 grounds to believe he or she has such right, he or she unlawfully 36 disposes of an acutely hazardous substance on such property. 37 § 5. Article 27 of the environmental conservation law is amended by 38 adding a new title 31 to read as follows: 39 TITLE 31 40 CONSTRUCTION AND DEMOLITION WASTE 41 Section 27-3101. Waste tracking documents. 42 § 27-3101. Waste tracking documents. 43 1. All generators in a city with a population of one million or more 44 that generate construction and demolition waste, as defined in section 45 71-2702 of this chapter, shall provide waste transporters with a waste 46 tracking document for each construction and demolition waste shipment, 47 in a form prescribed or approved by the department, specifying the quan- 48 tity and type of construction and demolition waste, and signed and dated 49 by an authorized representative of the generator. The waste tracking 50 documentation shall state: "I certify, under penalty of law, that the 51 information provided in this waste tracking document has been prepared 52 under my direction and supervision and further certify that the informa- 53 tion contained herein is true and accurate. I am aware that any false 54 statement made on this form is punishable pursuant to section 210.45 of 55 the Penal Law."A. 10803--A 3 1 2. All transporters of construction and demolition waste generated in 2 a city with a population of one million or more shall: 3 (a) not accept a shipment of waste that does not match the quantity or 4 type listed on the waste tracking document; 5 (b) have the waste tracking document signed by the receiving location 6 or facility upon delivery of the solid waste and provide a copy of the 7 tracking document to the receiving location or facility. 8 3. Failure to maintain such tracking documents is a class A misdemea- 9 nor. 10 § 6. Section 190.65 of the penal law, as amended by chapter 291 of the 11 laws of 2008, is amended to read as follows: 12 § 190.65 Scheme to defraud in the first degree. 13 1. A person is guilty of a scheme to defraud in the first degree when 14 he or she: (a) engages in a scheme constituting a systematic ongoing 15 course of conduct with intent to defraud ten or more persons or to 16 obtain property from ten or more persons by false or fraudulent 17 pretenses, representations or promises, and so obtains property from one 18 or more of such persons; or (b) engages in a scheme constituting a 19 systematic ongoing course of conduct with intent to defraud more than 20 one person or to obtain property from more than one person by false or 21 fraudulent pretenses, representations or promises, and so obtains prop- 22 erty with a value in excess of one thousand dollars from one or more 23 such persons; or (c) engages in a scheme constituting a systematic ongo- 24 ing course of conduct with intent to defraud more than one person, more 25 than one of whom is a vulnerable elderly person as defined in subdivi- 26 sion three of section [260.30] 260.31 of this chapter or to obtain prop- 27 erty from more than one person, more than one of whom is a vulnerable 28 elderly person as defined in subdivision three of section [260.30] 29 260.31 of this chapter, by false or fraudulent pretenses, representa- 30 tions or promises, and so obtains property from one or more such 31 persons; or (d) engages in a systematic ongoing course of conduct, with 32 intent to defraud more than one person by false or fraudulent pretenses, 33 representations or promises, by disposing of solid waste as defined in 34 section 27-0701 of the environmental conservation law on such persons' 35 property, and so damages the property of one or more of such persons in 36 an amount in excess of one thousand dollars. 37 2. In any prosecution under this section, it shall be necessary to 38 prove the identity of at least one person from whom the defendant so 39 obtained property, but it shall not be necessary to prove the identity 40 of any other intended victim, provided that in any prosecution under 41 paragraph (c) of subdivision one of this section, it shall be necessary 42 to prove the identity of at least one such vulnerable elderly person as 43 defined in subdivision three of section [260.30] 260.31 of this chapter. 44 3. In any prosecution under paragraph (d) of subdivision one of this 45 section, it shall be necessary to prove the identity of at least one 46 person on whose property the defendant fraudulently disposed of solid 47 waste pursuant to such paragraph (d), but it shall not be necessary to 48 prove the identity of any other victim or intended victim. 49 Scheme to defraud in the first degree is a class E felony. 50 § 7. This act shall take effect on the first of January next succeed- 51 ing the date on which it shall have become a law. Effective immediately 52 any rules and regulations necessary to implement the provisions of this 53 act on its effective date are authorized to be made and completed on or 54 before such date.
