S T A T E O F N E W Y O R K
________________________________________________________________________
2323
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Environmental Conservation
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
AND BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNITURE, WOOD,
AND SAWDUST.
§ 2. This act shall take effect immediately and shall expire on Decem-
ber 15, 2029 when upon such date the provisions of this act shall be
deemed repealed.
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