STATE OF NEW YORK ________________________________________________________________________
10803
IN ASSEMBLY
July 11, 2020 ___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright, Stern, Ramos) -- read once and referred to the Committee on Environ- mental Conservation
AN ACT to amend the environmental conservation law, in relation to the disposal of construction and demolition 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 generated in 11 a city with a population of one million or more resulting from the 12 alteration, construction, destruction, rehabilitation, or repair of any 13 man-made structure, including houses, buildings, industrial or commer- 14 cial facilities and roadways and restricted or limited use fill. 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 24 grounds to believe he or she has such right, he or she unlawfully 25 disposes of either ten cubic yards or more, or twenty thousand pounds or 26 more, of construction and demolition waste, as defined in section 27 71-2702 of this title, on such property.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16927-01-0
A. 10803 2
1 § 3. Subdivision 6 of section 71-2713 of the environmental conserva- 2 tion law, as amended by chapter 26 of the laws of 1998, is amended and 3 three new subdivisions 7, 8 and 9 are added to read as follows: 4 6. He or she knowingly or recklessly engages in conduct which causes 5 the release of a substance hazardous to public health, safety or the 6 environment and such substance enters a primary water supply[.]; or 7 7. With intent to dispose of construction and demolition waste on the 8 property of another and having no right to do so nor any reasonable 9 grounds to believe he or she has such right, he or she unlawfully 10 disposes of either seventy cubic yards or more, or one hundred forty 11 thousand pounds or more, of construction and demolition waste, as 12 defined in section 71-2702 of this title, on such property; or 13 8. With intent to dispose of a hazardous substance on the property of 14 another and having no right to do so nor any reasonable grounds to 15 believe he or she has such right, he or she unlawfully disposes of a 16 hazardous substance; or 17 9. He or she recklessly disposes of any acutely hazardous substance on 18 the property of another. 19 § 4. Subdivision 2 of section 71-2714 of the environmental conserva- 20 tion law, as amended by chapter 26 of the laws of 1998, is amended and a 21 new subdivision 3 is added to read as follows: 22 2. He or she knowingly engages in conduct which causes the release of 23 a substance acutely hazardous to public health, safety or the environ- 24 ment or the release of a substance which at the time of the conduct he 25 or she knows to meet any of the criteria set forth in paragraph (b) of 26 subdivision one of section 37-0103 of this chapter and such release 27 causes physical injury to any person who is not a participant in the 28 crime[.]; 29 3. With intent to dispose of an acutely hazardous substance on the 30 property of another and having no right to do so nor any reasonable 31 grounds to believe he or she has such right, he or she unlawfully 32 disposes of an acutely hazardous substance on such property. 33 § 5. Article 27 of the environmental conservation law is amended by 34 adding a new title 31 to read as follows: 35 TITLE 31 36 CONSTRUCTION AND DEMOLITION WASTE 37 Section 27-3101. Waste tracking documents. 38 § 27-3101. Waste tracking documents. 39 1. All generators of construction and demolition waste, as defined in 40 section 71-2702 of this chapter, shall provide waste transporters with a 41 waste tracking document for each construction and demolition waste ship- 42 ment, in a form prescribed or approved by the department, specifying the 43 quantity and type of construction and demolition waste, and signed and 44 dated by an authorized representative of the generator. The waste track- 45 ing documentation shall state: "I certify, under penalty of law, that 46 the information provided in this waste tracking document has been 47 prepared under my direction and supervision and further certify that the 48 information contained herein is true and accurate. I am aware that any 49 false statement made on this form is punishable pursuant to section 50 210.45 of the Penal Law." 51 2. All transporters of construction and demolition waste shall: 52 (a) not accept a shipment of waste that does not match the quantity or 53 type listed on the waste tracking document; 54 (b) have the waste tracking document signed by the receiving location 55 or facility upon delivery of the solid waste and provide a copy of the 56 tracking document to the receiving location or facility.
A. 10803 3
1 3. Failure to maintain such tracking documents is a class A misdemea- 2 nor. 3 § 6. This act shall take effect on the first of January next succeed- 4 ing the date on which it shall have become a law. Effective immediately 5 any rules and regulations necessary to implement the provisions of this 6 act on its effective date are authorized to be made and completed on or 7 before such date.