S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10803--A
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Section 71-2702 of the environmental  conservation  law  is
 amended by adding a new subdivision 15 to read as follows:
   15.  FOR  THE PURPOSES OF SECTION 27-3101 OF THIS CHAPTER AND SUBDIVI-
 SION FIVE OF SECTION 71-2712, SUBDIVISIONS  SEVEN,  EIGHT  AND  NINE  OF
 SECTION 71-2713 AND SUBDIVISION THREE OF SECTION 71-2714 OF THIS TITLE:
   (A)  "PROPERTY OF ANOTHER" SHALL INCLUDE ALL PROPERTY IN WHICH ANOTHER
 PERSON HAS AN OWNERSHIP INTEREST, WHETHER OR NOT A PERSON  WHO  DISPOSES
 ON SUCH PROPERTY, OR ANY OTHER PERSON, MAY ALSO HAVE AN INTEREST IN SUCH
 PROPERTY; AND
   (B)  "CONSTRUCTION  AND  DEMOLITION  WASTE" SHALL MEAN WASTE RESULTING
 FROM  THE  ALTERATION,  CONSTRUCTION,  DESTRUCTION,  REHABILITATION,  OR
 REPAIR  OF  ANY  MAN-MADE STRUCTURE, INCLUDING HOUSES, BUILDINGS, INDUS-
 TRIAL OR COMMERCIAL FACILITIES AND ROADWAYS AND  RESTRICTED  OR  LIMITED
 USE FILL AND SHALL NOT INCLUDE MUNICIPAL SOLID WASTE.
   §  2.  Subdivision 4 of section 71-2712 of the environmental conserva-
 tion law, as amended by chapter 26 of the laws of 1998, is amended and a
 new subdivision 5 is added to read as follows:
   4. He OR SHE knowingly engages in conduct which causes the release  of
 more than one hundred gallons or one thousand pounds, whichever is less,
 of  an  aggregate  weight  or  volume of a substance hazardous to public
 health, safety or the environment[.]; OR
   5. WITH INTENT TO DISPOSE OF CONSTRUCTION AND DEMOLITION WASTE ON  THE
 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.
                                                            LBD16927-06-0

 A. 10803--A                         2
 
 GROUNDS TO BELIEVE HE OR SHE  HAS  SUCH  RIGHT,  HE  OR  SHE  UNLAWFULLY
 DISPOSES OF EITHER TEN CUBIC YARDS OR MORE, OR TWENTY THOUSAND POUNDS OR
 MORE,  OF  CONSTRUCTION  AND  DEMOLITION  WASTE,  AS  DEFINED IN SECTION
 71-2702 OF THIS TITLE, ON SUCH PROPERTY.
   §  3.  Subdivision 6 of section 71-2713 of the environmental conserva-
 tion law, as amended by chapter 26 of the laws of 1998, is  amended  and
 three new subdivisions 7, 8 and 9 are added to read as follows:
   6.  He  OR SHE knowingly or recklessly engages in conduct which causes
 the release of a substance hazardous to public  health,  safety  or  the
 environment and such substance enters a primary water supply[.]; OR
   7.  WITH INTENT TO DISPOSE OF CONSTRUCTION AND DEMOLITION WASTE ON THE
 PROPERTY OF ANOTHER AND HAVING NO RIGHT TO  DO  SO  NOR  ANY  REASONABLE
 GROUNDS  TO  BELIEVE  HE  OR  SHE  HAS  SUCH RIGHT, HE OR SHE UNLAWFULLY
 DISPOSES OF EITHER SEVENTY CUBIC YARDS OR MORE,  OR  ONE  HUNDRED  FORTY
 THOUSAND  POUNDS  OR  MORE,  OF  CONSTRUCTION  AND  DEMOLITION WASTE, AS
 DEFINED IN SECTION 71-2702 OF THIS TITLE, ON SUCH PROPERTY; OR
   8. WITH INTENT TO DISPOSE OF A HAZARDOUS SUBSTANCE ON THE PROPERTY  OF
 ANOTHER  AND  HAVING  NO  RIGHT  TO  DO SO NOR ANY REASONABLE GROUNDS TO
 BELIEVE HE OR SHE HAS SUCH RIGHT, HE OR SHE  UNLAWFULLY  DISPOSES  OF  A
 HAZARDOUS SUBSTANCE; OR
   9. HE OR SHE RECKLESSLY DISPOSES OF ANY ACUTELY HAZARDOUS SUBSTANCE ON
 THE PROPERTY OF ANOTHER.
   §  4.  Subdivision 2 of section 71-2714 of the environmental conserva-
 tion law, as amended by chapter 26 of the laws of 1998, is amended and a
 new subdivision 3 is added to read as follows:
   2. He OR SHE knowingly engages in conduct which causes the release  of
 a  substance  acutely hazardous to public health, safety or the environ-
 ment or the release of a substance which at the time of the  conduct  he
 OR  SHE  knows to meet any of the criteria set forth in paragraph (b) of
 subdivision one of section 37-0103 of  this  chapter  and  such  release
 causes  physical  injury  to  any person who is not a participant in the
 crime[.];
   3. WITH INTENT TO DISPOSE OF AN ACUTELY  HAZARDOUS  SUBSTANCE  ON  THE
 PROPERTY  OF  ANOTHER  AND  HAVING  NO RIGHT TO DO SO NOR ANY REASONABLE
 GROUNDS TO BELIEVE HE OR SHE  HAS  SUCH  RIGHT,  HE  OR  SHE  UNLAWFULLY
 DISPOSES OF AN ACUTELY HAZARDOUS SUBSTANCE ON SUCH PROPERTY.
   §  5.   Article 27 of the environmental conservation law is amended by
 adding a new title 31 to read as follows:
                                 TITLE 31
                     CONSTRUCTION AND DEMOLITION WASTE
 SECTION 27-3101. WASTE TRACKING DOCUMENTS.
 §  27-3101. WASTE TRACKING DOCUMENTS.
   1. ALL GENERATORS IN A CITY WITH A POPULATION OF ONE MILLION  OR  MORE
 THAT  GENERATE  CONSTRUCTION AND DEMOLITION WASTE, AS DEFINED IN SECTION
 71-2702 OF THIS CHAPTER, SHALL PROVIDE WASTE TRANSPORTERS WITH  A  WASTE
 TRACKING  DOCUMENT  FOR EACH CONSTRUCTION AND DEMOLITION WASTE SHIPMENT,
 IN A FORM PRESCRIBED OR APPROVED BY THE DEPARTMENT, SPECIFYING THE QUAN-
 TITY AND TYPE OF CONSTRUCTION AND DEMOLITION WASTE, AND SIGNED AND DATED
 BY AN AUTHORIZED REPRESENTATIVE OF THE  GENERATOR.  THE  WASTE  TRACKING
 DOCUMENTATION  SHALL  STATE:  "I CERTIFY, UNDER PENALTY OF LAW, THAT THE
 INFORMATION PROVIDED IN THIS WASTE TRACKING DOCUMENT HAS  BEEN  PREPARED
 UNDER MY DIRECTION AND SUPERVISION AND FURTHER CERTIFY THAT THE INFORMA-
 TION  CONTAINED  HEREIN  IS TRUE AND ACCURATE. I AM AWARE THAT ANY FALSE
 STATEMENT MADE ON THIS FORM IS PUNISHABLE PURSUANT TO SECTION 210.45  OF
 THE PENAL LAW."

 A. 10803--A                         3
 
   2.  ALL TRANSPORTERS OF CONSTRUCTION AND DEMOLITION WASTE GENERATED IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL:
   (A) NOT ACCEPT A SHIPMENT OF WASTE THAT DOES NOT MATCH THE QUANTITY OR
 TYPE LISTED ON THE WASTE TRACKING DOCUMENT;
   (B)  HAVE THE WASTE TRACKING DOCUMENT SIGNED BY THE RECEIVING LOCATION
 OR FACILITY UPON DELIVERY OF THE SOLID WASTE AND PROVIDE A COPY  OF  THE
 TRACKING DOCUMENT TO THE RECEIVING LOCATION OR FACILITY.
   3.  FAILURE TO MAINTAIN SUCH TRACKING DOCUMENTS IS A CLASS A MISDEMEA-
 NOR.
   § 6. Section 190.65 of the penal law, as amended by chapter 291 of the
 laws  of 2008, is amended to read as follows:
 § 190.65 Scheme to defraud in the first degree.
   1. A person is guilty of a scheme to defraud in the first degree  when
 he  or  she:  (a)  engages in a scheme constituting a systematic ongoing
 course of conduct with intent to defraud  ten  or  more  persons  or  to
 obtain  property  from  ten  or  more  persons  by  false  or fraudulent
 pretenses, representations or promises, and so obtains property from one
 or more of such persons; or (b)  engages  in  a  scheme  constituting  a
 systematic  ongoing  course  of conduct with intent to defraud more than
 one person or to obtain property from more than one person by  false  or
 fraudulent  pretenses, representations or promises, and so obtains prop-
 erty with a value in excess of one thousand dollars  from  one  or  more
 such persons; or (c) engages in a scheme constituting a systematic ongo-
 ing  course of conduct with intent to defraud more than one person, more
 than one of whom is a vulnerable elderly person as defined  in  subdivi-
 sion three of section [260.30] 260.31 of this chapter or to obtain prop-
 erty  from  more  than one person, more than one of whom is a vulnerable
 elderly person as defined  in  subdivision  three  of  section  [260.30]
 260.31  of  this  chapter, by false or fraudulent pretenses, representa-
 tions or promises, and  so  obtains  property  from  one  or  more  such
 persons;  OR (D) ENGAGES IN A SYSTEMATIC ONGOING COURSE OF CONDUCT, WITH
 INTENT TO DEFRAUD MORE THAN ONE PERSON BY FALSE OR FRAUDULENT PRETENSES,
 REPRESENTATIONS OR PROMISES, BY DISPOSING OF SOLID WASTE AS  DEFINED  IN
 SECTION  27-0701  OF THE ENVIRONMENTAL CONSERVATION LAW ON SUCH PERSONS'
 PROPERTY, AND SO DAMAGES THE PROPERTY OF ONE OR MORE OF SUCH PERSONS  IN
 AN AMOUNT IN EXCESS OF ONE THOUSAND DOLLARS.
   2.  In  any  prosecution  under this section, it shall be necessary to
 prove the identity of at least one person from  whom  the  defendant  so
 obtained  property,  but it shall not be necessary to prove the identity
 of any other intended victim, provided that  in  any  prosecution  under
 paragraph  (c) of subdivision one of this section, it shall be necessary
 to prove the identity of at least one such vulnerable elderly person  as
 defined in subdivision three of section [260.30] 260.31 of this chapter.
   3.  IN  ANY PROSECUTION UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF THIS
 SECTION, IT SHALL BE NECESSARY TO PROVE THE IDENTITY  OF  AT  LEAST  ONE
 PERSON  ON  WHOSE  PROPERTY THE DEFENDANT FRAUDULENTLY DISPOSED OF SOLID
 WASTE PURSUANT TO SUCH PARAGRAPH (D), BUT IT SHALL NOT BE  NECESSARY  TO
 PROVE THE IDENTITY OF ANY OTHER VICTIM OR INTENDED VICTIM.
   Scheme to defraud in the first degree is a class E felony.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective  immediately
 any  rules and regulations necessary to implement the provisions of this
 act on its effective date are authorized to be made and completed on  or
 before such date.