BILL NUMBER: S5924

SPONSOR: BORRELLO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To temporarily prohibit the Department of Environmental Conservation
from implementing greater restrictions on the burning of garbage, refuse
or rubbish in an open fire on land possessed by a single family, a
member of which is the owner, occupant, or lessee of said land, except
in cities and villages, or in towns with populations of 20.000 or great-
er.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 19-0301 of the Environmental Conservation Law
by adding a new subsection 6, which provides that the DEC is prohibited
              

from restricting the burning of garbage, refuse or rubbish in an open
fire on land possessed by a single family, a member of which is the
owner, occupant, or lessee of said land, except in cities and villages,
or in towns with populations of 20,000 or greater. "Open fire"
"garbage", "refuse", and "rubbish" are defined therein.

Section 2 provides that the act shall take effect immediately, and shall
expire December 15, 2023.

 
JUSTIFICATION:

Currently, the open burning of garbage, refuse and rubbish in rural
communities is a longstanding means of eliminating waste material.  Many
rural communities do not have waste management facilities and/or appara-
tus to transport waste material to such facilities. Under current law,
the DEC is permitted to adopt regulations banning the open burning of
such material, and the DEC has, in fact, adopted regulations banning
such burning in cities and villages, and in towns with populations of
20,000 or greater. The DEC has recently proposed expanding the ban
throughout the state, but rural communities are simply not equipped, and
do not have the financial resources, to deal with an onslaught of waste
material at this time. This bill would prevent the DEC from significant-
ly burdening rural residents and communities during this recessionary
period by implementing a statewide ban until December 15, 2023. This
bill will not affect the restriction on burning waste material in cities
and village, or in towns with populations of 20,000 or greater.

 
PRIOR LEGISLATIVE HISTORY:

A5002 - 03/22/22 held for consideration in environmental conservation

A1761 - 07/14/20 held for consideration in environmental conservation

A1566 - 01/03/18 referred to environmental conservation

A3336- 03/15/16 held for consideration in environmental conservation

2014 - A702A- 01/23/14 amend and recommit to environmental conservation
01/23/14 print number 702a

2013 - S.4286/A.702 - EnCON/EnCon

2012 - A.1963- referred to Environmental Conservation

2010 - A 7414 - referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire December 15,
2027 when upon such date the provisions of this act shall be deemed
repealed.