S T A T E O F N E W Y O R K
________________________________________________________________________
978
2021-2022 Regular Sessions
I N A S S E M B L Y
January 6, 2021
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
unlawful disposing of construction and demolition debris
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 15 of section 71-2702 of the environmental
conservation law, as added by a chapter of the laws of 2020 amending the
environmental conservation law relating to the disposal of construction
and demolition waste and amending the penal law relating to creating the
crime of scheme to defraud by disposal of solid waste, as proposed in
legislative bills numbers S. 6758-B and A. 10803-A, is amended 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.] "CONSTRUCTION AND
DEMOLITION DEBRIS" SHALL MEAN WASTE RESULTING FROM CONSTRUCTION, REMOD-
ELING, REPAIR AND DEMOLITION OF STRUCTURES, BUILDINGS AND ROADS, INCLUD-
ING BUT NOT LIMITED TO EXCAVATED MATERIAL. CONSTRUCTION AND DEMOLITION
DEBRIS SHALL NOT INCLUDE, EVEN IF GENERATED FROM CONSTRUCTION, REMODEL-
ING, REPAIR AND DEMOLITION ACTIVITIES, MUNICIPAL SOLID WASTE AND SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07182-01-1
A. 978 2
OTHER MATERIALS THAT MAY BE LISTED FOR EXCLUSION FROM THIS DEFINITION
PURSUANT TO REGULATIONS PROMULGATED BY THE DEPARTMENT.
(B) "EXCAVATED MATERIAL" MEANS EXCESS SOIL, ROCK, FILL, OR OTHER MATE-
RIAL EXCAVATED DURING CONSTRUCTION OR MAINTENANCE ACTIVITIES. "FILL"
SHALL INCLUDE SOIL OR OTHER GRANULAR, COMPACTIBLE MATERIAL THAT IS
AUTHORIZED FOR USE PURSUANT TO REGULATIONS PROMULGATED BY THE DEPART-
MENT.
§ 2. Subdivision 5 of section 71-2712 of the environmental conserva-
tion law, as added by a chapter of the laws of 2020 amending the envi-
ronmental conservation law relating to the disposal of construction and
demolition waste and amending the penal law relating to creating the
crime of scheme to defraud by disposal of solid waste, as proposed in
legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
as follows:
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] DEBRIS, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT THAT CAUSES
THE UNLAWFUL DISPOSAL OR RELEASE of either ten cubic yards or more, or
twenty thousand pounds or more, of construction and demolition [waste]
DEBRIS, as defined in section 71-2702 of this title[, on such property].
§ 3. Subdivisions 7, 8 and 9 of section 71-2713 of the environmental
conservation law, as added by a chapter of the laws of 2020 amending the
environmental conservation law relating to the disposal of construction
and demolition waste and amending the penal law relating to creating the
crime of scheme to defraud by disposal of solid waste, as proposed in
legislative bills numbers S. 6758-B and A. 10803-A, are amended to read
as follows:
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] DEBRIS, he or she [unlaw-
fully disposes] INTENTIONALLY ENGAGES IN CONDUCT THAT CAUSES THE UNLAW-
FUL DISPOSAL OR RELEASE of either seventy cubic yards or more, or one
hundred forty thousand pounds or more, of construction and demolition
[waste] DEBRIS, 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] HE OR
SHE INTENTIONALLY ENGAGES IN CONDUCT THAT CAUSES THE UNLAWFUL DISPOSAL
OR RELEASE of a hazardous substance; or
9. He or she recklessly disposes of any acutely hazardous substance on
[the] ANY property [of another].
§ 4. Subdivision 3 of section 71-2714 of the environmental conserva-
tion law, as added by a chapter of the laws of 2020 amending the envi-
ronmental conservation law relating to the disposal of construction and
demolition waste and amending the penal law relating to creating the
crime of scheme to defraud by disposal of solid waste, as proposed in
legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
as follows:
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] INTENTIONALLY ENGAGES IN CONDUCT THAT CAUSES THE UNLAWFUL
DISPOSAL OR RELEASE of an acutely hazardous substance on [such] ANY
property.
A. 978 3
§ 5. The title heading of title 31 of article 27 of the environmental
conservation law, as added by a chapter of the laws of 2020 amending the
environmental conservation law relating to the disposal of construction
and demolition waste and amending the penal law relating to creating the
crime of scheme to defraud by disposal of solid waste, as proposed in
legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
as follows:
CONSTRUCTION AND DEMOLITION [WASTE] DEBRIS
§ 6. Section 27-3101 of the environmental conservation law, as added
by a chapter of the laws of 2020 amending the environmental conservation
law relating to the disposal of construction and demolition waste and
amending the penal law relating to creating the crime of scheme to
defraud by disposal of solid waste, as proposed in legislative bills
numbers S. 6758-B and A. 10803-A, is amended to read as follows:
§ 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] DEBRIS, as defined in
section 71-2702 of this chapter, shall provide waste transporters with a
waste tracking document for each construction and demolition [waste]
DEBRIS shipment, in a form prescribed or approved by the department,
specifying the quantity and type of construction and demolition [waste]
DEBRIS, and signed and dated by an authorized representative of the
generator AND WITH A CERTIFICATION IN A FORM PRESCRIBED BY THE DEPART-
MENT, WHICH SHALL CONTAIN A CERTIFICATION BY THE GENERATOR THAT THE
INFORMATION THEREIN IS TRUE, ACCURATE AND COMPLETE. [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] DEBRIS
generated in a city with a population of one million or more shall:
(a) not accept a shipment of [waste] DEBRIS that does not match the
quantity or type listed on the [waste] DEBRIS tracking document;
(b) have the [waste] DEBRIS tracking document signed by the receiving
location or facility upon delivery of the solid [waste] DEBRIS 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.
§ 7. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020 amending the environmental
conservation law relating to the disposal of construction and demolition
waste and amending the penal law relating to creating the crime of
scheme to defraud by disposal of solid waste, as proposed in legislative
bills numbers S. 6758-B and A. 10803-A, takes effect.