assembly Bill A10803A

Signed By Governor
2019-2020 Legislative Session

Relates to the disposal of construction and demolition waste and creates the crime of scheme to defraud by disposal of solid waste

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 15, 2020 approval memo.38
signed chap.332
Dec 03, 2020 delivered to governor
Jul 23, 2020 returned to assembly
passed senate
3rd reading cal.1007
substituted for s6758b
referred to rules
delivered to senate
passed assembly
Jul 22, 2020 ordered to third reading rules cal.296
rules report cal.296
reported
Jul 20, 2020 print number 10803a
Jul 20, 2020 amend (t) and recommit to rules
Jul 17, 2020 reported referred to rules
Jul 14, 2020 reported referred to codes
Jul 11, 2020 referred to environmental conservation

Co-Sponsors

A10803 - Details

See Senate Version of this Bill:
S6758
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§71-2702, 71-2712, 71-2713 & 71-2714, add Art 27 Title 31 §27-3101, En Con L; amd §190.65, Pen L

A10803 - Summary

Relates to the disposal of construction and demolition waste; provides penalties for the unlawful disposal and dealing in construction and demolition wastes; requires waste tracking documents for the disposal of construction and demolition waste; creates the crime of scheme to defraud by disposal of solid waste.

A10803 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10803
 
                           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)  -- 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:
 
   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 GENERATED IN
 A CITY WITH A POPULATION OF ONE  MILLION  OR  MORE  RESULTING  FROM  THE
 ALTERATION,  CONSTRUCTION, DESTRUCTION, REHABILITATION, OR REPAIR OF ANY
 MAN-MADE STRUCTURE, INCLUDING HOUSES, BUILDINGS, INDUSTRIAL  OR  COMMER-
 CIAL FACILITIES AND ROADWAYS AND RESTRICTED OR LIMITED USE FILL.
   §  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A10803A (ACTIVE) - Details

See Senate Version of this Bill:
S6758
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§71-2702, 71-2712, 71-2713 & 71-2714, add Art 27 Title 31 §27-3101, En Con L; amd §190.65, Pen L

A10803A (ACTIVE) - Summary

Relates to the disposal of construction and demolition waste; provides penalties for the unlawful disposal and dealing in construction and demolition wastes; requires waste tracking documents for the disposal of construction and demolition waste; creates the crime of scheme to defraud by disposal of solid waste.

A10803A (ACTIVE) - Bill Text download pdf

 
                     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