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
              

 S. 6758                             2
 
 MORE, OR TWENTY THOUSAND POUNDS OR MORE OF SUCH MATERIAL ON SUCH PROPER-
 TY.
   CRIMINAL DISPOSAL IN THE THIRD DEGREE IS A CLASS E FELONY.
 § 145.73 CRIMINAL DISPOSAL IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF CRIMINAL DISPOSAL IN THE SECOND 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 OF EITHER  SEVENTY  CUBIC
 YARDS  OR  MORE  OR  ONE  HUNDRED FORTY THOUSAND POUNDS OR MORE OF 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 OF EITHER SEVENTY CUBIC
 YARDS OR MORE OR ONE HUNDRED FORTY THOUSAND POUNDS OR MORE OF SUCH MATE-
 RIAL ON SUCH PROPERTY.
   CRIMINAL DISPOSAL IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 145.74 CRIMINAL DISPOSAL IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL DISPOSAL IN THE FIRST DEGREE WHEN:
   1. WITH INTENT TO DISPOSE OF A HAZARDOUS SUBSTANCE AS DEFINED  BY  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION ON THE PROPERTY OF ANOTHER, HE
 OR SHE DISPOSES OF A HAZARDOUS SUBSTANCE ON SUCH PROPERTY; OR
   2. HE OR SHE RECKLESSLY DISPOSES OF AN ACUTELY HAZARDOUS SUBSTANCE  AS
 DEFINED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THE PROPERTY
 OF ANOTHER.
   CRIMINAL DISPOSAL IN THE FIRST DEGREE IS A CLASS C FELONY.
 § 145.75 AGGRAVATED CRIMINAL DISPOSAL.
   A PERSON IS GUILTY OF AGGRAVATED CRIMINAL DISPOSAL WHEN,  WITH  INTENT
 TO  DISPOSE  OF AN ACUTELY HAZARDOUS SUBSTANCE AS DEFINED BY THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION ON THE PROPERTY OF ANOTHER, HE OR SHE
 DISPOSES OF AN ACUTELY HAZARDOUS SUBSTANCE ON SUCH PROPERTY.
   AGGRAVATED CRIMINAL DISPOSAL IS A CLASS B FELONY.
 § 145.76 PRESUMPTIONS.
   1. FOR THE PURPOSES OF THIS ARTICLE, IT SHALL BE A REBUTTABLE PRESUMP-
 TION THAT THE PRESENCE OF A HAZARDOUS OR ACUTELY HAZARDOUS SUBSTANCE  AS
 DEFINED IN ARTICLE THIRTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW IN
 ANY  MATERIAL  RELEASED  INTO THE ENVIRONMENT IS EVIDENCE OF THE KNOWING
 RELEASE OF SUCH SUBSTANCE BY ANY PERSON WHO CAUSED OR ATTEMPTED TO CAUSE
 THE RELEASE OF SUCH SUBSTANCE.
   2. FOR THE PURPOSES OF THIS ARTICLE, THE POSSESSION  OF  AN  AGGREGATE
 AMOUNT  OF TEN OR MORE CUBIC YARDS OR TWENTY THOUSAND POUNDS OF MATERIAL
 CONTAINING A HAZARDOUS OR ACUTELY  HAZARDOUS  SUBSTANCE  AS  DEFINED  IN
 ARTICLE  THIRTY-SEVEN  OF THE ENVIRONMENTAL CONSERVATION LAW WITHOUT THE
 DOCUMENTATION REQUIRED BY SECTION 27-0305 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW IS PRESUMPTIVE EVIDENCE THAT THE DEFENDANT KNOWINGLY  POSSESSED
 SUCH SUBSTANCE.
 § 145.77 ENHANCED PENALTIES.
   1.  WHEN  A PERSON IS CONVICTED OF A CRIME DEFINED IN SECTIONS 145.71,
 145.72, 145.73, 145.74, 145.80, 145.81, 145.85, 145.86  OR  145.87,  AND
 SUCH  CONDUCT  RESULTED  IN THE CONTAMINATION OF GROUNDWATER, WHETHER OR
 NOT SUCH CONTAMINATION RESULTED IN  INJURY  TO  ANY  PERSON  OR  FURTHER
 DAMAGE TO PROPERTY, SUCH CRIME SHALL BE DEEMED TO BE ONE CATEGORY HIGHER
 THAN THE OFFENSE THE DEFENDANT COMMITTED.
   2.  WHEN  A  PERSON IS CONVICTED OF A CRIME DEFINED IN SECTION 145.75,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
 THIS CHAPTER;

 S. 6758                             3
 
   (B) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 FOUR  YEARS  IF  THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
 THIS CHAPTER; AND
   (C)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 TEN YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.06  OF
 THIS CHAPTER.
   §  2. Section 145.13 of the penal law, as amended by chapter 45 of the
 laws of 2009, is amended to read as follows:
 § 145.13 Definitions.
   1. (A) For the purposes of  sections  145.00,  145.05,  145.10  [and],
 145.12,  145.71,  145.72,  145.73, 145.74 AND 145.75 of this article[:],
 "[Property] PROPERTY of another" shall include  all  property  in  which
 another  person  has  an ownership interest, whether or not a person who
 damages such property, or any other person, may also have an interest in
 such property.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, FOR PURPOSES OF
 SECTIONS 145.71, 145.72, 145.73, 145.74  AND  145.75  OF  THIS  ARTICLE,
 "PROPERTY OF ANOTHER" SHALL NOT INCLUDE ANY LANDFILLS, RECYCLING, AND/OR
 TRANSFER  STATIONS  THAT ARE PERMITTED OR REGISTERED WITH THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION TO RECEIVE SOLID WASTE,  HAZARDOUS  WASTE,
 OR ACUTELY HAZARDOUS WASTE.
   2.  FOR  THE  PURPOSES  OF SECTIONS 145.71, 145.72, 145.73, 145.81 AND
 145.85 OF THIS ARTICLE, "CONSTRUCTION  AND  DEMOLITION  MATERIAL"  SHALL
 MEAN MATERIALS RESULTING FROM THE ALTERATION, CONSTRUCTION, DESTRUCTION,
 REHABILITATION,  OR  REPAIR OF ANY MAN-MADE STRUCTURE, INCLUDING HOUSES,
 BUILDINGS, INDUSTRIAL OR COMMERCIAL FACILITIES AND ROADWAYS.
   § 3. The penal law is amended by adding two new  sections  190.66  and
 190.68 to read as follows:
 § 190.66 SCHEME TO DEFRAUD BY DISPOSAL OF SOLID WASTE.
   1.  A  PERSON  IS  GUILTY  OF A SCHEME TO DEFRAUD BY DISPOSAL OF SOLID
 WASTE WHEN HE OR SHE ENGAGES IN A SYSTEMATIC ONGOING COURSE  OF  CONDUCT
 WITH  INTENT TO DEFRAUD MORE THAN ONE PERSON BY DISPOSING SOLID WASTE AS
 DEFINED IN PARAGRAPH B OF SUBDIVISION ONE  OF  SECTION  19-0306  OF  THE
 ENVIRONMENTAL  CONSERVATION LAW ON SUCH PERSON'S PROPERTY UNDER FALSE OR
 FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES, AND  SO  DAMAGES  THE
 PROPERTY OF ONE OR MORE OF SUCH PERSONS.
   2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
 PROVE THE IDENTITY OF AT LEAST ONE PERSON ON WHOSE PROPERTY THE  DEFEND-
 ANT DISPOSED OF SOLID WASTE PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 BUT  IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY OF ANY OTHER VICTIM
 OR INTENDED VICTIM.
   SCHEME TO DEFRAUD BY DISPOSAL OF SOLID WASTE IS A CLASS E FELONY.
 § 190.68 SCHEME TO DEFRAUD BY SAND MINING.
   A PERSON IS GUILTY OF SCHEME TO DEFRAUD BY SAND MINING WHEN HE OR  SHE
 ENGAGES  IN  A  SCHEME  CONSTITUTING  AN  ONGOING COURSE OF CONDUCT WITH
 INTENT TO DEFRAUD MORE THAN ONE PERSON BY EXTRACTING NATURALLY-OCCURRING
 SAND FROM PROPERTY BELONGING TO SUCH OTHER PERSONS UNDER FALSE OR  FRAU-
 DULENT  PRETENSES, REPRESENTATIONS OR PROMISES, AND SO REMOVES SUCH SAND
 FROM SUCH PROPERTY.
   IT IS NECESSARY TO PROVE THE IDENTITY OF  AT  LEAST  ONE  PERSON  FROM
 WHOSE  PROPERTY THE DEFENDANT FRAUDULENTLY EXTRACTED SAND, BUT IT IS NOT
 NECESSARY TO PROVE THE IDENTITY OF ANY OTHER VICTIM.
   SCHEME TO DEFRAUD BY SAND MINING IS A CLASS E FELONY.
   § 4. The penal law is amended by  adding  five  new  sections  145.80,
 145.81, 145.85, 145.86 and 145.87 to read as follows:
 § 145.80 CRIMINAL POSSESSION OF SOLID WASTE IN THE SECOND DEGREE.

 S. 6758                             4
 
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF SOLID WASTE IN THE SECOND
 DEGREE  WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES SOLID WASTE AS
 DEFINED IN PARAGRAPH B OF SUBDIVISION ONE  OF  SECTION  19-0306  OF  THE
 ENVIRONMENTAL CONSERVATION LAW OUTSIDE OF THE CITY OF NEW YORK, WITH THE
 INTENT  TO  DISPOSE OF SUCH SOLID WASTE IN CONTRAVENTION OF THE ENVIRON-
 MENTAL CONSERVATION LAW OR APPLICABLE REGULATIONS.
   CRIMINAL POSSESSION OF SOLID WASTE IN THE SECOND DEGREE IS A  CLASS  A
 MISDEMEANOR.
 § 145.81 CRIMINAL POSSESSION OF SOLID WASTE IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF SOLID WASTE IN THE FIRST
 DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OF  SOLID
 WASTE  IN  THE  SECOND  DEGREE  OR CRIMINAL ACCEPTANCE OF SOLID WASTE OR
 CONSTRUCTION AND DEMOLITION MATERIAL, AND HAS PREVIOUSLY BEEN  CONVICTED
 OF  ANY CRIME IN SECTION 145.71, 145.72, 145.73, 145.74, 145.75, 145.80,
 145.81, 145.85, 145.86, 145.87 OR 190.66 OF THIS PART.
   CRIMINAL POSSESSION OF SOLID WASTE IN THE FIRST DEGREE IS  A  CLASS  D
 FELONY.
 § 145.85 CRIMINAL  ACCEPTANCE OF SOLID WASTE OR CONSTRUCTION AND DEMOLI-
            TION MATERIAL.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  ACCEPTANCE  OF  SOLID  WASTE   OR
 CONSTRUCTION  AND  DEMOLITION MATERIAL WHEN, KNOWING THAT HE OR SHE DOES
 NOT POSSESS A PERMIT OR REGISTRATION AS REQUIRED BY  THE  DEPARTMENT  OF
 ENVIRONMENTAL CONSERVATION TO RECEIVE OR STORE SOLID WASTE AS DEFINED IN
 PARAGRAPH  B  OF SUBDIVISION ONE OF SECTION 19-0306 OF THE ENVIRONMENTAL
 CONSERVATION LAW OR CONSTRUCTION AND  DEMOLITION  MATERIAL,  HE  OR  SHE
 SOLICITS,  ACCEPTS  OR  AGREES TO ACCEPT SOLID WASTE OR CONSTRUCTION AND
 DEMOLITION MATERIAL FROM ANOTHER PERSON. FOR PURPOSES OF THIS SECTION, A
 PROPRIETOR, DIRECTOR, MANAGER, AGENT,  OR  EMPLOYEE  OF  A  CORPORATION,
 PARTNERSHIP,  OR OTHER BUSINESS ENTITY SHALL BE PRESUMED TO BE OPERATING
 KNOWINGLY IF SUCH PROPRIETOR, DIRECTOR, MANAGER, AGENT, OR EMPLOYEE OF A
 CORPORATION, PARTNERSHIP, OR OTHER BUSINESS ENTITY FAILS  TO  POSSESS  A
 PERMIT  OR  REGISTRATION  AS REQUIRED BY THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, AND KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT SUCH PERMIT
 OR REGISTRATION IS REQUIRED FOR ACCEPTANCE OF SUCH MATERIAL.
   CRIMINAL ACCEPTANCE OF SOLID  WASTE  OR  CONSTRUCTION  AND  DEMOLITION
 MATERIAL IS A CLASS A MISDEMEANOR.
 § 145.86 CRIMINAL ACCEPTANCE OF A HAZARDOUS SUBSTANCE.
   1.  A PERSON IS GUILTY OF CRIMINAL ACCEPTANCE OF A HAZARDOUS SUBSTANCE
 WHEN HE OR SHE SOLICITS, ACCEPTS OR AGREES TO ACCEPT MATERIAL CONTAINING
 A HAZARDOUS SUBSTANCE AS DEFINED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION  AND  THEREBY CAUSES SUCH SUBSTANCE TO BE RELEASED INTO THE
 ENVIRONMENT.
   2.  IN  ANY  PROSECUTION  FOR  CRIMINAL  ACCEPTANCE  OF  A   HAZARDOUS
 SUBSTANCE,  IT IS NO DEFENSE THAT THE DEFENDANT HAS BEEN ISSUED A PERMIT
 OR REGISTRATION TO OPERATE A SOLID WASTE FACILITY BY THE  DEPARTMENT  OF
 ENVIRONMENTAL CONSERVATION.
   CRIMINAL ACCEPTANCE OF A HAZARDOUS SUBSTANCE IS A CLASS D FELONY.
 § 145.87 CRIMINAL ACCEPTANCE OF AN ACUTELY HAZARDOUS SUBSTANCE.
   1.  A  PERSON IS GUILTY OF CRIMINAL ACCEPTANCE OF AN ACUTELY HAZARDOUS
 SUBSTANCE WHEN HE OR SHE SOLICITS, ACCEPTS OR AGREES TO ACCEPT  MATERIAL
 CONTAINING  AN  ACUTELY HAZARDOUS SUBSTANCE AS DEFINED BY THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION AND THEREBY CAUSES SUCH  SUBSTANCE  TO  BE
 RELEASED INTO THE ENVIRONMENT.
   2.  IN ANY PROSECUTION FOR CRIMINAL ACCEPTANCE OF AN ACUTELY HAZARDOUS
 SUBSTANCE, IT IS NO DEFENSE THAT THE DEFENDANT HAS BEEN ISSUED A  PERMIT

 S. 6758                             5
 
 OR  REGISTRATION  TO OPERATE A SOLID WASTE FACILITY BY THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION.
   CRIMINAL  ACCEPTANCE  OF  AN  ACUTELY HAZARDOUS SUBSTANCE IS A CLASS C
 FELONY.
   § 6. Section 105.10 of the penal law, as amended by chapter 489 of the
 laws of 2000, is amended to read as follows:
 § 105.10 Conspiracy in the fourth degree.
   A person is guilty of conspiracy  in  the  fourth  degree  when,  with
 intent that conduct constituting:
   1. a class B or class C felony be performed, he or she agrees with one
 or  more  persons to engage in or cause the performance of such conduct;
 or
   2. a felony be performed, he or she, being over eighteen years of age,
 agrees with one or more persons under sixteen years of age to engage  in
 or cause the performance of such conduct; or
   3.  the  felony  of money laundering in the third degree as defined in
 section 470.10 of this chapter, be performed, he or she agrees with  one
 or  more  persons  to  engage  in  or  cause  the  performance  of  such
 conduct[.]; OR
   4. A FELONY RELATED TO CRIMINAL DISPOSAL AS DEFINED IN SECTION 145.72,
 145.73 OR 145.74 OF THIS PART BE PERFORMED, HE OR SHE AGREES WITH ONE OR
 MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
   Conspiracy in the fourth degree is a class E felony.
   § 7. Section 27-0305 of the environmental conservation law is  amended
 by adding a new subdivision 13 to read as follows:
   13. ANY INDIVIDUAL, CORPORATION, OR ANY OTHER PUBLIC OR PRIVATE ENTITY
 REGISTERED  OR PERMITTED BY THE DEPARTMENT TO REMOVE, TRANSPORT, ACCEPT,
 STORE, OR DISPOSE OF SOLID WASTE, CONSTRUCTION AND DEMOLITION  MATERIAL,
 LIMITED USE FILL, AND RESTRICTED USE FILL SHALL DOCUMENT THE MOVEMENT OF
 SUCH  MATERIAL  FROM  THE  POINT AT WHICH THE INDIVIDUAL, CORPORATION OR
 ENTITY RECEIVES SUCH MATERIAL TO THE  POINT  IN  WHICH  THE  INDIVIDUAL,
 CORPORATION  OR  ENTITY  PROVIDES  THAT  MATERIAL TO ANOTHER INDIVIDUAL,
 CORPORATION OR ENTITY OR TO ITS POINT OF FINAL DISPOSITION.
   § 8. Subdivision 4 of section 175.05 of the penal law is amended and a
 new subdivision 5 is added to read as follows:
   4. Prevents the making of a true entry or causes the omission  thereof
 in the business records of an enterprise[.]; OR
   5.  MAKES  OR  CAUSES A FALSE ENTRY IN A SOLID WASTE TRACKING DOCUMENT
 REQUIRED BY SECTION 27-0305 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 9. The penal law is amended by adding a new section 175.50  to  read
 as follows:
 § 175.50 FAILURE TO MAINTAIN SOLID WASTE TRACKING DOCUMENTS.
   AN  INDIVIDUAL,  CORPORATION,  OR  ANY  OTHER PUBLIC OR PRIVATE ENTITY
 REGISTERED OR PERMITTED BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION
 TO  REMOVE,  TRANSPORT,  ACCEPT,  STORE,  OR  DISPOSE  OF  SOLID  WASTE,
 CONSTRUCTION AND DEMOLITION MATERIAL, LIMITED USE FILL,  AND  RESTRICTED
 USE FILL IS GUILTY OF FAILURE TO MAINTAIN SOLID WASTE TRACKING DOCUMENTS
 WHEN  SUCH  INDIVIDUAL,  CORPORATION  OR ENTITY FAILS TO MAINTAIN PROPER
 DOCUMENTATION DETAILING THE MOVEMENT OF SUCH MATERIAL FROM THE POINT  AT
 WHICH  THE  INDIVIDUAL,  CORPORATION OR ENTITY RECEIVES SUCH MATERIAL TO
 THE POINT IN WHICH THE INDIVIDUAL, CORPORATION OR ENTITY  PROVIDES  THAT
 MATERIAL TO ANOTHER INDIVIDUAL, CORPORATION OR ENTITY OR TO ITS POINT OF
 FINAL DISPOSITION.
   FAILURE TO MAINTAIN SOLID WASTE TRACKING DOCUMENTS IS A CLASS A MISDE-
 MEANOR.

 S. 6758                             6
 
   §  10.  Paragraph  (b) of subdivision 2 of section 175.35 of the penal
 law, as added by chapter 490 of the laws of 2013, is amended and  a  new
 subdivision 3 is added to read as follows:
   (b) such instrument is a financing statement the contents of which are
 prescribed by section 9--502 of the uniform commercial code, the collat-
 eral  asserted  to  be  covered  in  such statement is the property of a
 person who is a state or local officer as defined by section two of  the
 public  officers  law  or  who  otherwise  is  a judge or justice of the
 unified court system, such financing statement does  not  relate  to  an
 actual  transaction,  and  he  or  she filed such financing statement in
 retaliation for the performance of official duties by such person[.]; OR
   3. WITH THE INTENT TO USE PROPERTY  FOR  ANOTHER  PURPOSE  THAT  WOULD
 OTHERWISE  REQUIRE  A  PERMIT  FROM A STATE AGENCY, HE OR SHE PRESENTS A
 WRITTEN INSTRUMENT TO RECEIVE A  PERMIT  FOR  AGRICULTURAL  OR  BUILDING
 PURPOSES  FOR  SUCH  PROPERTY TO A PUBLIC OFFICE, PUBLIC SERVANT, PUBLIC
 AUTHORITY, OR PUBLIC BENEFIT CORPORATION, WITH THE INTENT TO DEFRAUD THE
 STATE OR ANY POLITICAL SUBDIVISION, PUBLIC AUTHORITY OR  PUBLIC  BENEFIT
 CORPORATION  OF  THE  STATE WITH THE KNOWLEDGE OR BELIEF THAT IT WILL BE
 FILED WITH, REGISTERED OR RECORDED IN OR OTHERWISE BECOME A PART OF  THE
 RECORDS OF SUCH PUBLIC OFFICE.
   §  11.  The  penal law is amended by adding seven new sections 270.40,
 270.45, 270.50, 270.55, 270.60, 270.65 and 270.70 to read as follows:
 § 270.40 CRIMINAL SAND MINING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SAND MINING IN THE SECOND DEGREE  WHEN,
 WITH INTENT TO REMOVE MORE THAN ONE THOUSAND TONS OR SEVEN HUNDRED FIFTY
 CUBIC YARDS OF SAND FROM ANY RESIDENTIAL, COMMERCIAL, INDUSTRIAL OR FARM
 LAND  WHERE THE SAND IS NATURALLY OCCURRING, HE OR SHE REMOVES, DIRECTS,
 IMPORTUNES OR INTENTIONALLY AIDS ANOTHER TO EXTRACT SAND FROM SUCH PROP-
 ERTY, WITHOUT A VALID  MINING  PERMIT  OR  REGISTRATION  ISSUED  BY  THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   CRIMINAL SAND MINING IN THE SECOND DEGREE IS A CLASS E FELONY.
 § 270.45 CRIMINAL SAND MINING IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF CRIMINAL SAND MINING IN THE FIRST DEGREE WHEN,
 WITH INTENT TO REMOVE MORE THAN ONE THOUSAND TONS OR SEVEN HUNDRED FIFTY
 CUBIC YARDS OF SAND FROM ANY RESIDENTIAL, COMMERCIAL, INDUSTRIAL OR FARM
 LAND WHERE THE SAND IS NATURALLY OCCURRING, HE OR SHE REMOVES,  DIRECTS,
 IMPORTUNES OR INTENTIONALLY AIDS ANOTHER TO EXTRACT SAND FROM SUCH PROP-
 ERTY,  WITHOUT A VALID MINING PERMIT OR REGISTRATION FROM THE DEPARTMENT
 OF ENVIRONMENTAL  CONSERVATION,  AND  HE  OR  SHE  HAS  PREVIOUSLY  BEEN
 CONVICTED  OF  THE  CRIME OF CRIMINAL SAND MINING IN THE FIRST OR SECOND
 DEGREE, OR CRIMINAL DISPOSAL INCIDENT  TO  SAND  MINING  IN  THE  FIRST,
 SECOND, THIRD OR FOURTH DEGREE WITHIN THE PRECEDING TEN YEARS.
   CRIMINAL SAND MINING IN THE FIRST DEGREE IS A CLASS D FELONY.
 § 270.50 CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE FOURTH DEGREE.
   A PERSON IS GUILTY OF CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE
 FOURTH DEGREE WHEN, EXCEPT AS OTHERWISE PERMITTED BY LAW:
   1.  WITH  INTENT  TO  DISPOSE  OF  SOLID  WASTE  ON PROPERTY WHERE THE
 EXTRACTION AND REMOVAL OF SAND OCCURRED,  HE  OR  SHE  DISPOSES  OF,  OR
 DIRECTS,  IMPORTUNES,  OR INTENTIONALLY AIDS ANOTHER TO DISPOSE OF SOLID
 WASTE ON SUCH PROPERTY; OR
   2. WITH INTENT TO DISPOSE  OF  LIQUID  WASTE  ON  PROPERTY  WHERE  THE
 EXTRACTION  AND  REMOVAL  OF  SAND  OCCURRED,  HE OR SHE DISPOSES OF, OR
 DIRECTS, IMPORTUNES, OR INTENTIONALLY AIDS ANOTHER TO DISPOSE OF  LIQUID
 WASTE ON SUCH PROPERTY; OR
   3.  WITH  INTENT TO DISPOSE OF VEGETATIVE ORGANIC WASTE ON PROPERTY OF
 WHERE THE EXTRACTION AND REMOVAL OF SAND OCCURRED, HE  OR  SHE  DISPOSES

 S. 6758                             7
 
 OF,  OR DIRECTS, IMPORTUNES, OR INTENTIONALLY AIDS ANOTHER TO DISPOSE OF
 VEGETATIVE ORGANIC WASTE ON SUCH PROPERTY.
   CRIMINAL  DISPOSAL  INCIDENT  TO SAND MINING IN THE FOURTH DEGREE IS A
 CLASS E FELONY.
 § 270.55 CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE
 THIRD DEGREE WHEN, EXCEPT AS OTHERWISE PERMITTED BY LAW:
   1. WITH INTENT TO DISPOSE OF A HAZARDOUS SUBSTANCE ON  PROPERTY  WHERE
 THE  EXTRACTION  AND REMOVAL OF SAND OCCURRED, HE OR SHE DISPOSES OF, OR
 DIRECTS, IMPORTUNES, OR INTENTIONALLY AIDS ANOTHER TO DISPOSE OF HAZARD-
 OUS SUBSTANCES ON SUCH PROPERTY; OR
   2. WITH INTENT TO DISPOSE OF SOLID WASTE, LIQUID WASTE, OR  VEGETATIVE
 ORGANIC  WASTE  ON  PROPERTY  WHERE  THE  EXTRACTION AND REMOVAL OF SAND
 OCCURRED, HE OR SHE DISPOSES  OF,  OR  DIRECTS,  IMPORTUNES,  OR  INTEN-
 TIONALLY AIDS ANOTHER TO DISPOSE OF SOLID WASTE, LIQUID WASTE OR VEGETA-
 TIVE  WASTE  ON  SUCH PROPERTY, AND HAS PREVIOUSLY BEEN CONVICTED OF THE
 CRIME OF CRIMINAL SAND MINING IN THE FIRST OR SECOND DEGREE, OR CRIMINAL
 DISPOSAL INCIDENT TO SAND MINING IN THE FIRST, SECOND, THIRD  OR  FOURTH
 DEGREE IN THE PRECEDING TEN YEARS.
   CRIMINAL  DISPOSAL  INCIDENT  TO  SAND MINING IN THE THIRD DEGREE IS A
 CLASS D FELONY.
 § 270.60 CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE
 SECOND DEGREE WHEN, EXCEPT AS OTHERWISE PERMITTED BY LAW:
   1. WITH INTENT TO DISPOSE OF A HAZARDOUS SUBSTANCE ON  PROPERTY  WHERE
 THE  EXTRACTION  AND  REMOVAL  OF  SAND OCCURRED, HE OR SHE DISPOSES OF,
 DIRECTS, IMPORTUNES, OR INTENTIONALLY AIDS ANOTHER TO DISPOSE OF HAZARD-
 OUS SUBSTANCES ON SUCH PROPERTY; OR
   2. WITH INTENT TO DISPOSE OF A HAZARDOUS SUBSTANCE ON  PROPERTY  WHERE
 THE  EXTRACTION  AND REMOVAL OF SAND OCCURRED, HE OR SHE DISPOSES OF, OR
 DIRECTS, IMPORTUNES, OR INTENTIONALLY  AIDS  ANOTHER  TO  DISPOSE  OF  A
 HAZARDOUS  SUBSTANCE  ON SUCH PROPERTY AND HAS PREVIOUSLY BEEN CONVICTED
 OF THE CRIME OF CRIMINAL SAND MINING IN THE FIRST OR SECOND  DEGREE,  OR
 CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE FIRST, SECOND, THIRD OR
 FOURTH DEGREE IN THE PRECEDING TEN YEARS.
   CRIMINAL  DISPOSAL  INCIDENT  TO SAND MINING IN THE SECOND DEGREE IS A
 CLASS C FELONY.
 § 270.65 CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE
 FIRST DEGREE WHEN, EXCEPT AS OTHERWISE PERMITTED BY LAW, WITH INTENT  TO
 DISPOSE  OF  AN  ACUTELY  HAZARDOUS  SUBSTANCE  ON  PROPERTY  WHERE  THE
 EXTRACTION AND REMOVAL OF SAND OCCURRED,  HE  OR  SHE  DISPOSES  OF,  OR
 DIRECTS,  IMPORTUNES,  OR  INTENTIONALLY  AIDS  ANOTHER TO DISPOSE OF AN
 ACUTELY HAZARDOUS SUBSTANCE ON SUCH PROPERTY.
   CRIMINAL DISPOSAL INCIDENT TO SAND MINING IN THE  FIRST  DEGREE  IS  A
 CLASS B FELONY.
 § 270.70 PRESUMPTION.
   FOR THE PURPOSES OF THIS ARTICLE, THE LACK OF A PERMIT OR REGISTRATION
 REQUIRED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IS PRESUMPTIVE
 EVIDENCE THAT ALL PROPRIETORS, DIRECTORS, MANAGERS, AGENTS AND EMPLOYEES
 OF ANY CORPORATION, PARTNERSHIP OR BUSINESS ENTITY, AND ANY  ACCOMPLICES
 OR ACCESSORIES, ARE KNOWINGLY OPERATING WITHOUT SAID PERMIT OR REGISTRA-
 TION.
   §  12.  Subdivisions 9, 10, and 11 of section 155.30 of the penal law,
 subdivision 9 as amended by chapter 479 of the laws of 2010, subdivision
 10 as added by chapter 491 of the laws of 1992, and  subdivision  11  as

 S. 6758                             8
 
 added by chapter 394 of the laws of 2005, are amended and a new subdivi-
 sion 12 is added to read as follows:
   9. The property consists of a scroll, religious vestment, a vessel, an
 item  comprising  a display of religious symbols which forms a represen-
 tative expression of faith, or  other  miscellaneous  item  of  property
 which:
   (a) has a value of at least one hundred dollars; and
   (b)  is  kept  for or used in connection with religious worship in any
 building, structure or upon the curtilage of such building or  structure
 used  as  a  place  of  religious worship by a religious corporation, as
 incorporated under the  religious  corporations  law  or  the  education
 law[.]; OR
   10. The property consists of an access device which the person intends
 to use unlawfully to obtain telephone service[.]; OR
   11.  The  property  consists of anhydrous ammonia or liquified ammonia
 gas and the actor intends to use, or knows  another  person  intends  to
 use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
 methamphetamine[.]; OR
   12. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF SAND  NATURALLY
 OCCURRING ON THE LAND FROM WHICH THE SAND WAS TAKEN.
   §  13.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.

                            
 
                     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

              

 S. 6758--B                          2
 
   § 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.
   §  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-

 S. 6758--B                          3
 
 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."
   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.

 S. 6758--B                          4
 
   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.