Bill Text: NY S04286 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land possessed by a single family or any part of a farm under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-17 - PRINT NUMBER 4286A [S04286 Detail]
Download: New_York-2013-S04286-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4286--A 2013-2014 Regular Sessions I N S E N A T E March 19, 2013 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the environmental conservation law, in relation to the burning of garbage, refuse or rubbish in an open fire; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 19-0301 of the environmental conservation law is 2 amended by adding a new subdivision 6 to read as follows: 3 6. A. THE DEPARTMENT IS PROHIBITED FROM ADOPTING ANY CODE, RULE, REGU- 4 LATION OR STANDARD THAT WOULD RESTRICT THE BURNING OF GARBAGE, REFUSE OR 5 RUBBISH, AS DEFINED IN THIS SECTION, IN AN OPEN FIRE ON LAND POSSESSED 6 BY A SINGLE FAMILY, A MEMBER OF WHICH IS THE OWNER, OCCUPANT OR LESSEE 7 OF SAID LAND, OR ANY PART OF A FARM ON WHICH ONLY ANIMAL OR VEGETABLE 8 WASTE RESULTING FROM THE OPERATION OF SUCH FARM IS DEPOSITED. 9 B. THIS SUBDIVISION SHALL NOT APPLY TO ANY CITY OR VILLAGE, OR ANY 10 TOWN WITH A TOTAL TOWN POPULATION, INCLUDING INCORPORATED OR UNINCORPO- 11 RATED AREAS, OF GREATER THAN TWENTY THOUSAND. 12 C. FOR THE PURPOSES OF THIS SUBDIVISION THE FOLLOWING DEFINITIONS 13 SHALL APPLY: 14 (1) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING 15 PROCESS FROM WHICH AIR CONTAMINANTS ARE EMITTED DIRECTLY INTO THE 16 OUTDOOR ATMOSPHERE. 17 (2) "GARBAGE" SHALL MEAN THE ANIMAL AND VEGETABLE WASTE RESULTING FROM 18 THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD. 19 (3) "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMITED 20 TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00221-02-4 S. 4286--A 2 1 (4) "RUBBISH" SHALL MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING BUT 2 NOT LIMITED TO, PAPER AND PAPER PRODUCTS, RAGS, TREES OR LEAVES, NEEDLES 3 AND BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNITURE, WOOD, 4 AND SAWDUST. 5 S 2. This act shall take effect immediately and shall expire December 6 15, 2018 when upon such date the provisions of this act shall be deemed 7 repealed.