Senate Bill S6758B

Signed By Governor
2019-2020 Legislative Session

Relates to the disposal of construction and demolition waste and provides penalties for the unlawful disposal and dealing in construction and demolition wastes

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Sponsored By

Archive: Last Bill Status Via A10803 - Signed by Governor


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

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Bill Amendments

co-Sponsors

2019-S6758 - Details

See Assembly Version of this Bill:
A10803
Law Section:
Penal 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

2019-S6758 - 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.

2019-S6758 - Sponsor Memo

2019-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

2019-S6758A - Details

See Assembly Version of this Bill:
A10803
Law Section:
Penal 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

2019-S6758A - 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.

2019-S6758A - Sponsor Memo

2019-S6758A - 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.
              

co-Sponsors

2019-S6758B (ACTIVE) - Details

See Assembly Version of this Bill:
A10803
Law Section:
Penal 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

2019-S6758B (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.

2019-S6758B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6758--B
 
                        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, BAILEY, BIAGGI,  COMRIE,  SKOUFIS  --  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  --  reported
   favorably  from said committee and committed 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10865-07-0

              

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