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 deemed repealed.
 
              
             
                          
                  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01781-01-5