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Assembly Bill A7414

2009-2010 Legislative Session

Prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire under certain circumstances

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Archive: Last Bill Status - In Assembly Committee

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2009-A7414 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง19-0301, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1963
2013-2014: A702
2015-2016: A3336
2017-2018: A1566
2019-2020: A1761
2021-2022: A5002
2023-2024: A2049
2025-2026: A2323

2009-A7414 (ACTIVE) - Summary

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.

2009-A7414 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7414

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced by M. of A. GORDON -- read once and referred to the Committee
  on Environmental Conservation

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:

  Section 1. Section 19-0301 of the environmental  conservation  law  is
amended by adding a new subdivision 6 to read as follows:
  6. A. THE DEPARTMENT IS PROHIBITED FROM ADOPTING ANY CODE, RULE, REGU-
LATION OR STANDARD THAT WOULD RESTRICT THE BURNING OF GARBAGE, REFUSE OR
RUBBISH,  AS  DEFINED IN THIS SECTION, IN AN OPEN FIRE ON LAND POSSESSED
BY A SINGLE FAMILY, A MEMBER OF WHICH IS THE OWNER, OCCUPANT  OR  LESSEE
OF  SAID  LAND,  OR ANY PART OF A FARM ON WHICH ONLY ANIMAL OR VEGETABLE
WASTE RESULTING FROM THE OPERATION OF SUCH FARM IS DEPOSITED.
  B. THIS SUBDIVISION SHALL NOT APPLY TO ANY CITY  OR  VILLAGE,  OR  ANY
TOWN  WITH A TOTAL TOWN POPULATION, INCLUDING INCORPORATED OR UNINCORPO-
RATED AREAS, OF GREATER THAN TWENTY THOUSAND.
  C. FOR THE PURPOSES OF  THIS  SUBDIVISION  THE  FOLLOWING  DEFINITIONS
SHALL APPLY:
  (1) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
PROCESS  FROM  WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY INTO THE
OUTDOOR ATMOSPHERE.
  (2) "GARBAGE" SHALL MEAN THE ANIMAL AND VEGETABLE WASTE RESULTING FROM
THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
  (3) "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT  LIMITED
TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.
  (4) "RUBBISH" SHALL MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING BUT
NOT LIMITED TO, PAPER AND PAPER PRODUCTS, RAGS, TREES OR LEAVES, NEEDLES
AND BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNITURE, WOOD,
AND SAWDUST.
  S  2. This act shall take effect immediately and shall expire December
15, 2015 when upon such date the provisions of this act shall be  deemed
repealed.

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