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Assembly Bill A2049

2023-2024 Legislative Session

Prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire under certain circumstances

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Archive: Last Bill Status - In Assembly Committee

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2023-A2049 (ACTIVE) - Details

See Senate Version of this Bill:
S5924
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §19-0301, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7414
2011-2012: A1963
2013-2014: A702
2015-2016: A3336
2017-2018: A1566
2019-2020: A1761
2021-2022: A5002
2025-2026: A2323, S1626

2023-A2049 (ACTIVE) - Summary

Prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land possessed by a single family or any part of a farm under certain circumstances; provides for the repeal of such provisions under the expiration thereof.

2023-A2049 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2049
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. HAWLEY, ANGELINO, GALLAHAN, LEMONDES, MANKTELOW,
   BURDICK -- Multi-Sponsored by -- M. of A. BARCLAY, DeSTEFANO,  GOODELL
   --  read once and referred to the Committee on Environmental Conserva-
   tion
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   burning  of  garbage, refuse or rubbish in an open fire; and providing
   for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19-0301 of the environmental conservation law is
 amended by adding a new subdivision 6 to read as follows:
   6. A. THE DEPARTMENT IS PROHIBITED FROM ADOPTING ANY CODE, RULE, REGU-
 LATION OR STANDARD THAT WOULD RESTRICT THE BURNING OF GARBAGE, REFUSE OR
 RUBBISH, AS DEFINED IN THIS SECTION, IN AN OPEN FIRE ON  LAND  POSSESSED
 BY  A  SINGLE FAMILY, A MEMBER OF WHICH IS THE OWNER, OCCUPANT OR LESSEE
 OF SAID LAND, OR ANY PART OF A FARM ON WHICH ONLY  ANIMAL  OR  VEGETABLE
 WASTE RESULTING FROM THE OPERATION OF SUCH FARM IS DEPOSITED.
   B.  THIS  SUBDIVISION  SHALL  NOT APPLY TO ANY CITY OR VILLAGE, OR ANY
 TOWN WITH A TOTAL TOWN POPULATION, INCLUDING INCORPORATED OR  UNINCORPO-
 RATED AREAS, OF GREATER THAN TWENTY THOUSAND PERSONS.
   C.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION THE FOLLOWING DEFINITIONS
 SHALL APPLY:
   (1) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
 PROCESS FROM WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY  INTO  THE
 OUTDOOR ATMOSPHERE.
   (2) "GARBAGE" SHALL MEAN THE ANIMAL AND VEGETABLE WASTE RESULTING FROM
 THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
   (3)  "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMITED
 TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.
   (4) "RUBBISH" SHALL MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING BUT
 NOT LIMITED TO, PAPER AND PAPER PRODUCTS, RAGS, TREES OR LEAVES, NEEDLES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02891-01-3

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