senate Bill S6758B

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

Current Bill Status Via A10803 - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 returned to assembly
passed senate
3rd reading cal.1007
substituted for s6758b
Jul 23, 2020 substituted by a10803a
ordered to third reading cal.1007
Jul 20, 2020 print number 6758b
Jul 20, 2020 amend (t) and recommit to rules
reported and committed to rules
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:
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

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.

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 - 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

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.

S6758A - Sponsor Memo

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

view additional co-sponsors

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

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.

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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