senate Bill S6758A

2019-2020 Legislative Session

Establishes certain crimes relating to the disposal, possession and acceptance of solid waste and hazardous materials and crimes relating to sand mining

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Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2020 print number 6758a
Mar 11, 2020 amend and recommit to codes
Jan 08, 2020 referred to codes
Oct 02, 2019 referred to rules

Co-Sponsors

view additional co-sponsors

S6758 - Details

See Assembly Version of this Bill:
A8672
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §27-0305, En Con L

S6758 - Summary

Establishes certain crimes relating to the disposal, possession and acceptance of solid waste and hazardous materials, including the crimes of criminal disposal, scheme to defraud by disposal of solid waste, criminal possession of solid waste, criminal acceptance of solid waste or construction and demolition material, and criminal acceptance of solid waste containing a hazardous and acutely hazardous substance; establishes crimes relating to sand mining including scheme to defraud by sand mining, criminal sand mining and criminal disposal incident to sand mining.

S6758 - Sponsor Memo

S6758 - Bill Text download pdf


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

                                  6758

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             October 2, 2019
                               ___________

Introduced  by  Sens.  KAMINSKY,  BROOKS,  GAUGHRAN,  KAPLAN,  MARTINEZ,
  THOMAS, BOYLE -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Rules

AN ACT to amend the penal law and the environmental conservation law, in
  relation to the disposal, possession and acceptance of solid waste and
  hazardous materials and to establishing crimes related to sand mining

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is  amended  by  adding  seven  new  sections
145.71,  145.72,  145.73,  145.74,  145.75, 145.76 and 145.77 to read as
follows:
§ 145.71 CRIMINAL DISPOSAL IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DISPOSAL IN THE FOURTH DEGREE WHEN:
  1. WITH INTENT TO DISPOSE OF SOLID WASTE AS DEFINED IN PARAGRAPH B  OF
SUBDIVISION ONE OF SECTION 19-0306 OF THE ENVIRONMENTAL CONSERVATION LAW
ON THE PROPERTY OF ANOTHER, HE OR SHE DISPOSES SOLID WASTE ON SUCH PROP-
ERTY; OR
  2.  WITH  INTENT TO DISPOSE OF CONSTRUCTION AND DEMOLITION MATERIAL ON
THE PROPERTY OF ANOTHER, HE OR SHE DISPOSES SUCH MATERIAL ON SUCH  PROP-
ERTY.
  CRIMINAL DISPOSAL IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
§ 145.72 CRIMINAL DISPOSAL IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DISPOSAL IN THE THIRD DEGREE WHEN:
  1.  WITH  INTENT TO DISPOSE OF SOLID WASTE ON THE PROPERTY OF ANOTHER,
HE OR SHE DISPOSES OF EITHER TEN CUBIC YARDS OR MORE, OR TWENTY THOUSAND
POUNDS OR MORE, OF SOLID WASTE AS DEFINED IN PARAGRAPH B OF  SUBDIVISION
ONE  OF  SECTION  19-0306  OF THE ENVIRONMENTAL CONSERVATION LAW ON SUCH
PROPERTY; OR
  2. WITH INTENT TO DISPOSE OF CONSTRUCTION AND DEMOLITION  MATERIAL  ON
THE PROPERTY OF ANOTHER, HE OR SHE DISPOSES OF EITHER TEN CUBIC YARDS OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10865-04-9

Co-Sponsors

view additional co-sponsors

S6758A (ACTIVE) - Details

See Assembly Version of this Bill:
A8672
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §27-0305, En Con L

S6758A (ACTIVE) - Summary

Establishes certain crimes relating to the disposal, possession and acceptance of solid waste and hazardous materials, including the crimes of criminal disposal, scheme to defraud by disposal of solid waste, criminal possession of solid waste, criminal acceptance of solid waste or construction and demolition material, and criminal acceptance of solid waste containing a hazardous and acutely hazardous substance; establishes crimes relating to sand mining including scheme to defraud by sand mining, criminal sand mining and criminal disposal incident to sand mining.

S6758A (ACTIVE) - Sponsor Memo

S6758A (ACTIVE) - Bill Text download pdf


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

                                 6758--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             October 2, 2019
                               ___________

Introduced  by  Sens.  KAMINSKY,  BROOKS,  GAUGHRAN,  KAPLAN,  MARTINEZ,
  THOMAS, BOYLE, COMRIE -- read twice  and  ordered  printed,  and  when
  printed  to  be  committed to the Committee on Rules -- recommitted to
  the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law and the environmental conservation law, in
  relation to the disposal, possession and acceptance of solid waste and
  hazardous materials and to establishing crimes related to sand mining

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  penal  law  is  amended by adding seven new sections
145.71, 145.72, 145.73, 145.74, 145.75, 145.76 and  145.77  to  read  as
follows:
§ 145.71 CRIMINAL DISPOSAL IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DISPOSAL IN THE FOURTH DEGREE WHEN:
  1.  WITH  INTENT TO DISPOSE OF SOLID WASTE AS DEFINED IN ARTICLE TWEN-
TY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW ON THE PROPERTY OF ANOTH-
ER, HE OR SHE DISPOSES SOLID WASTE ON SUCH PROPERTY; OR
  2. WITH INTENT TO DISPOSE OF CONSTRUCTION AND DEMOLITION  MATERIAL  ON
THE  PROPERTY OF ANOTHER, HE OR SHE DISPOSES SUCH MATERIAL ON SUCH PROP-
ERTY.
  CRIMINAL DISPOSAL IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
§ 145.72 CRIMINAL DISPOSAL IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DISPOSAL IN THE THIRD DEGREE WHEN:
  1. WITH INTENT TO DISPOSE OF SOLID WASTE ON THE PROPERTY  OF  ANOTHER,
HE OR SHE DISPOSES OF EITHER TEN CUBIC YARDS OR MORE, OR TWENTY THOUSAND
POUNDS OR MORE, OF SOLID WASTE AS DEFINED IN ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW ON SUCH PROPERTY; OR
  2.  WITH  INTENT TO DISPOSE OF CONSTRUCTION AND DEMOLITION MATERIAL ON
THE PROPERTY OF ANOTHER, HE OR SHE DISPOSES OF EITHER TEN CUBIC YARDS OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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