Bill Text: NY S04286 | 2013-2014 | General Assembly | Amended

New York Senate Bill 4286 (Prior Session Legislation)

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.