[ ] is old law to be omitted.
LBD13128-03-5
S. 8168 2
§ 392. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
AND DECLARES THAT THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT
(CLCPA) OF 2019 AND THE CLIMATE ACTION COUNCIL'S SCOPING PLAN WASTE
SECTOR VISION FOR 2050 CALL FOR A DRAMATIC SHIFT IN THE WAY WASTE IS
MANAGED, TO THE POINT THAT LANDFILLS AND COMBUSTORS ARE ONLY USED SPAR-
INGLY FOR SPECIFIC MATERIAL STREAMS, THAT REDUCTION, REUSE AND AND RECY-
CLING OF BUILDING MATERIALS ARE ROBUST AND UBIQUITOUS PRACTICES, AND
THAT DECONSTRUCTED BUILDING MATERIALS ARE PROCESSED SEPARATELY TO MAXI-
MIZE THEIR CONTINUED USEFULNESS. IN NEW YORK STATE, LOCAL GOVERNMENTS
CARRY RESPONSIBILITY FOR MATERIALS MANAGEMENT AND SOLID WASTE MANAGEMENT
PROGRAMMING BUT LACK TARGETED STATE FUNDING TO INVEST IN SYSTEMS
SUPPORTING THE DECONSTRUCTION AND SALVAGE OF VALUABLE MATERIALS FROM
BUILDINGS FOR REUSE. FINALLY, THE LEGISLATURE ALSO FINDS AND DECLARES
THAT IT IS IN THE PUBLIC INTEREST, IN ORDER TO FURTHER THE PURPOSES OF
THE STATE POLICY ON SOLID WASTE MANAGEMENT ARTICULATED IN SECTION
27-0106 OF THE ENVIRONMENTAL CONSERVATION LAW, FOR LOCAL POLITICAL
SUBDIVISIONS TO ADOPT LOCAL LAWS OR ORDINANCES INCENTIVIZING DECON-
STRUCTION AND SALVAGE OF BUILDING MATERIALS, RATHER THAN THE CURRENT
STANDARD PRACTICE OF DEMOLITION OF BUILDINGS WITHOUT REGARD TO THE VALUE
OF POTENTIALLY REUSABLE MATERIALS.
THE PURPOSE OF THIS ARTICLE IS TO INCENTIVIZE LOCAL POLITICAL SUBDIVI-
SIONS OF NEW YORK STATE TO ADOPT AND IMPLEMENT LOCAL ORDINANCES SUPPORT-
ING THE DECONSTRUCTION AND SALVAGE OF VALUABLE BUILDING MATERIALS AND
INCREASING THE REUSE OF THESE MATERIALS, WITH THE ULTIMATE GOALS OF
REDUCING THE GENERATION OF CONSTRUCTION AND DEMOLITION WASTE GOING TO
LANDFILLS, AND BY EXTENDING THE USEFUL LIFESPAN OF THESE MATERIALS,
REDUCING CARBON EMISSIONS ASSOCIATED WITH BOTH CONSTRUCTION AND DEMOLI-
TION AND WITH THE PRODUCTION OF NEW MATERIALS FOR CONSTRUCTION, AS WELL
AS REDUCING THE ADVERSE HEALTH IMPACTS ASSOCIATED WITH BUILDING DEMOLI-
TION THROUGH THE RELEASE OF DUST, PARTICULATE MATTER, AND VOLATILE
ORGANIC COMPOUNDS AND POLLUTANTS INTO AIR, WATER AND SOIL.
IN ORDER FOR LOCAL POLITICAL SUBDIVISIONS TO IMPLEMENT LOCAL DECON-
STRUCTION ORDINANCES EFFECTIVELY, THEY MUST BE ABLE TO FIND QUALIFIED
DECONSTRUCTION CONTRACTORS. THE LACK OF SKILLED BUILDING DECONSTRUCTION
CONTRACTORS IS A BARRIER TO INCREASING THE PRACTICE OF DECONSTRUCTION
RATHER THAN DEMOLITION. THEREFORE, A FURTHER PURPOSE OF THIS ARTICLE IS
TO HELP ESTABLISH A ROBUST AND WELL-QUALIFIED DECONSTRUCTION WORKFORCE.
§ 393. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS"
SHALL MEAN CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS, AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION FIFTEEN OF SECTION 71-2702 OF
THE ENVIRONMENTAL CONSERVATION LAW, WHICH RESULT FROM THE CONSTRUCTION,
REMODELING, REPAIR, DECONSTRUCTION OR DEMOLITION OF BUILDINGS.
2. "BUILDING WASTE MATERIALS" SHALL MEAN BUILDING CONSTRUCTION, DECON-
STRUCTION, AND DEMOLITION MATERIALS THAT ARE LOST TO LANDFILLS OR INCIN-
ERATION.
3. "DECONSTRUCTED BUILDING MATERIALS HUB" SHALL MEAN A DECONSTRUCTED
BUILDING MATERIALS WAREHOUSE OR OTHER STORAGE SPACE USED TO STORE
DIVERTED AND RECLAIMED MATERIALS AVAILABLE FOR SALE WHICH MEETS SAFETY
STANDARDS FOR DRY STORAGE AND PUBLIC ACCESSIBILITY, TO BE DETERMINED BY
THE COMMISSIONER, AND WHICH AT A MINIMUM:
(A) HAS SUFFICIENT FORMS OF INGRESS AND EGRESS TO ALLOW FOR FLOW OF
MATERIALS INTO AND OUT OF THE FACILITY;
S. 8168 3
(B) HAS SUFFICIENT SIZE AND CAPACITY TO ACCOMMODATE THE FULL RANGE OF
DIVERTED BUILDING AND RECLAIMED MATERIALS INTENDED TO BE STORED THERE;
AND
(C) INCLUDES THE OPERATIONAL CAPACITY FOR PURCHASE OF DIVERTED AND
RECLAIMED BUILDING MATERIALS, EITHER ON SITE OR AT A LOCATION WHICH IS
NEAR ENOUGH TO THE STORAGE FACILITY TO MINIMIZE TRANSPORTATION COSTS AND
EMISSIONS.
4. "DECONSTRUCTION CONTRACTOR" SHALL MEAN A CONTRACTOR THAT HAS
SUCCESSFULLY COMPLETED A DECONSTRUCTION CERTIFICATION PROGRAM RECOGNIZED
BY THE NEW YORK STATE DEPARTMENT OF LABOR.
5. "DECONSTRUCTION" SHALL MEAN THE SYSTEMATIC DISMANTLING OF A BUILD-
ING EITHER AS A WHOLE OR IN PART, TO MAXIMIZE THE SALVAGE OF VALUABLE
MATERIALS AND ARCHITECTURAL COMPONENTS FOR REUSE, RESALE, OR RECYCLING.
6. "DECONSTRUCTION AND SALVAGE SURVEY" SHALL MEAN A BUILDING ANALYSIS
CONDUCTED BY A DECONSTRUCTION CONTRACTOR THAT ACCOUNTS FOR THE QUANTITY,
TYPE AND ESTIMATED VALUE OF MATERIALS WHICH CAN BE SALVAGED FOR REUSE
AND/OR RECYCLING AND DIVERTED FROM BEING TAKEN TO A LANDFILL, AS WELL AS
AN ESTIMATE OF THE QUANTITY AND TYPE OF MATERIAL RENDERED UNSALVAGEABLE
BY THE PRESENCE OF HAZARDOUS OR ACUTELY HAZARDOUS MATERIALS, INCLUDING
BUT NOT LIMITED TO ASBESTOS AND LEAD.
7. "DECONSTRUCTION AND SALVAGE PLAN" SHALL MEAN A PLAN FOR HOW BUILD-
ING AND DECONSTRUCTION MATERIALS IDENTIFIED IN THE DECONSTRUCTION AND
SALVAGE SURVEY ARE INTENDED TO BE DECONSTRUCTED OR SALVAGED FOR REUSE OR
RECYCLING, AND HOW MUCH MATERIAL IS INTENDED TO BE DIVERTED FROM BEING
TAKEN TO A LANDFILL, THE SPECIFIC LOCATION TO WHICH SUCH MATERIAL IS
BEING DIVERTED, WHETHER SUCH MATERIAL IS BEING OFFERED FOR PURCHASE ON
SITE THROUGH DIRECT SALE OR PRE-DECONSTRUCTION AUCTION OR TAKEN TO A
STORAGE FACILITY OR RETAIL OUTLET, AND WHETHER SUCH STORAGE FACILITY OR
RETAIL OUTLET IS INSIDE OR OUTSIDE OF THE STATE.
8. "DEMOLITION" SHALL MEAN THE PARTIAL OR COMPLETE DESTROYING, TEARING
DOWN, OR WRECKING OF ANY BUILDING WITH THE PRIMARY GOAL OF SITE CLEAR-
ANCE WITHOUT REGARD TO THE VALUE OF BUILDING CONSTRUCTION, DECON-
STRUCTION, AND DEMOLITION MATERIALS.
9. "DIRECTOR" SHALL MEAN THE DIRECTOR OF PLANNING AND DEVELOPMENT OF A
MUNICIPALITY OR OTHER DESIGNEE APPOINTED BY THE ELECTED BODY OF THE
MUNICIPALITY.
10. "DIVERTED BUILDING MATERIALS" SHALL MEAN BUILDING CONSTRUCTION,
DECONSTRUCTION OR DEMOLITION MATERIALS THAT ARE REUSED OR RECYCLED FOR
USE IN BUILDING CONSTRUCTION OR RENOVATION.
11. "RECLAIMED BUILDING MATERIALS" SHALL MEAN MATERIALS THAT HAVE BEEN
SEPARATED OUT OF THE WASTE STREAM AND RECYCLED, REFABRICATED, RECONSTI-
TUTED OR INTEGRATED INTO A NEW PRODUCT OR TECHNOLOGY THAT CAN BE USED IN
BUILDING CONSTRUCTION OR RENOVATION.
12. "REUSE" SHALL MEAN THE PROCESS OF USING A PRE-EXISTING COMPONENT,
PRODUCT OR MATERIAL FOR A NEW PROJECT OR PURPOSE WHILE MAINTAINING THE
ORIGINAL COMPOSITION AND SHAPE OF SUCH COMPONENT, PRODUCT OR MATERIAL.
13. "REUSE ORGANIZATION" SHALL MEAN AN ORGANIZATION THAT ACTIVELY
HARVESTS, ACCEPTS, AND RESELLS SORTED ARCHITECTURAL COMPONENTS OR
RECLAIMED BUILDING MATERIALS.
14. "SALVAGE" SHALL MEAN THE SYSTEMATIC EXTRACTION OF BUILDING MATERI-
ALS, COMPONENTS, OR PRODUCTS WHICH WOULD OTHERWISE BE DISPOSED OF AS
WASTE, SUCH THAT SUCH MATERIALS, COMPONENTS OR PRODUCTS MAY BE SAFELY
REUSED, REPURPOSED, OR RE-INSTALLED INTO BUILDINGS WHICH ARE BEING
CONSTRUCTED, REPAIRED, OR REMODELED. SALVAGE SHALL NOT INCLUDE REMOVAL
OF HAZARDOUS WASTES OR MATERIALS THAT WOULD CONSTITUTE A PUBLIC HEALTH
OR SAFETY RISK IF REUSED.
S. 8168 4
15. "SOURCE SEPARATION" SHALL MEAN THE SEGREGATION OF RECYCLABLE OR
REUSABLE MATERIALS FROM THE SOLID WASTE STREAM AT THE POINT OF
CONSTRUCTION, RENOVATION, DECONSTRUCTION OR DEMOLITION FOR SEPARATE
COLLECTION, SALE, OR OTHER DISPOSITION, AS DEFINED IN SUBDIVISION NINE
OF SECTION 27-0501 OF THE ENVIRONMENTAL CONSERVATION LAW, FOLLOWED BY
FULL DISAGGREGATION INTO MATERIALS CATEGORIES THAT COLLECTIVELY WOULD BE
EQUALLY REUSABLE AND/OR RECYCLABLE AND THAT WOULD BE USED TOGETHER IN
THEIR FUTURE USE.
§ 394. LOCAL DECONSTRUCTION ORDINANCE. 1. IN ORDER FOR A MUNICIPALITY
TO BE ELIGIBLE TO RECEIVE GRANT FUNDING PURSUANT TO SECTION THREE
HUNDRED NINETY-SIX OF THIS ARTICLE, A MUNICIPALITY SHALL CONDUCT A
REVIEW OF BUILDING STOCK WITHIN SUCH MUNICIPALITY'S LOCAL POLITICAL
SUBDIVISION AND SUBSEQUENTLY ADOPT A LOCAL ORDINANCE DESIGNED TO REDUCE
THE AMOUNT OF BUILDING CONSTRUCTION, DECONSTRUCTION AND DEMOLITION MATE-
RIALS GOING TO LANDFILLS.
2. (A) THE RESULTS OF THE REVIEW OF LOCAL BUILDING STOCK CONDUCTED BY
THE LOCAL POLITICAL SUBDIVISION PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE USED TO DETERMINE THE SCOPE OF THE LOCAL POLITICAL
SUBDIVISION'S DECONSTRUCTION ORDINANCE BASED ON THE CHARACTERISTICS OF
BUILDINGS WITHIN THE POLITICAL SUBDIVISION. CHARACTERISTICS TO BE
CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO, BUILDING CONSTRUCTION
MATERIALS, BUILDING OWNERSHIP MODELS SUCH AS PRIVATE OR PUBLIC, THE AGE
OF BUILDINGS, THE ASSESSED VALUE OF BUILDINGS, AND BUILDING SIZES AND
TYPES SUCH AS RESIDENTIAL, MIXED-USE, OR COMMERCIAL.
(B) THE LOCAL POLITICAL SUBDIVISION MAY ALSO USE THE RESULTS OF THE
REVIEW TO DETERMINE WHETHER AND HOW TO PHASE IN THE SCOPE OF ITS LOCAL
ORDINANCE BASED ON ONE OR MORE BUILDING CHARACTERISTICS.
(C) THE DIRECTOR OF PLANNING AND DEVELOPMENT OF THE LOCAL POLITICAL
SUBDIVISION OR OTHER DESIGNEE APPOINTED BY AN ELECTED BODY OF THE LOCAL
POLITICAL SUBDIVISION IS AUTHORIZED TO ADMINISTER THE PROVISIONS OF THE
LOCAL ORDINANCE AND ADOPT RULES, PROCEDURES, AND FORMS TO IMPLEMENT THE
PROVISIONS OF SUCH ORDINANCE.
(D) EACH SUCH LOCAL ORDINANCE SHALL BE SUBSTANTIALLY SIMILAR TO THE
FOLLOWING TEMPLATE:
1 - DECONSTRUCTION & SALVAGE SURVEY AND PLAN
(1) NO DEMOLITION PERMIT FOR A STRUCTURE COVERED UNDER THIS LOCAL
ORDINANCE SHALL BE ISSUED UNLESS ONE OF THE FOLLOWING CONDITIONS IS
SATISFIED:
A. THE DEMOLITION OR DECONSTRUCTION PROJECT AGREES TO CONDUCT, PRIOR
TO BEGINNING ANY DEMOLITION OR DECONSTRUCTION WORK, A DECONSTRUCTION AND
SALVAGE SURVEY AND ESTABLISH A DECONSTRUCTION AND SALVAGE PLAN, OR
B. DEMOLITION OF THE STRUCTURE HAS BEEN ORDERED BECAUSE THE BUILDING
HAS BEEN DETERMINED TO BE A DANGEROUS, UNSAFE OR COLLAPSED STRUCTURE.
(2) THE DECONSTRUCTION AND SALVAGE SURVEY SHALL INCLUDE AN INVENTORY
BY TYPE AND ESTIMATED WEIGHT OF ALL MATERIALS THAT CAN BE REUSED, RECY-
CLED OR OTHERWISE DIVERTED FROM THE LANDFILL.
(3) THE DECONSTRUCTION AND SALVAGE PLAN SHALL INCLUDE THE ESTIMATED
WEIGHT OF MATERIALS TO BE GENERATED, DESCRIBE HOW MATERIALS ARE TO BE
SORTED ON SITE TO ENABLE BOTH ON SITE AUCTIONS AS WELL AS TRANSPORT TO
OFFSITE FACILITIES SUCH AS RECYCLING CENTERS OR DECONSTRUCTED BUILDING
MATERIALS HUBS, NAME THE FOR-PROFIT, NOT-FOR-PROFIT OR GOVERNMENT ENTITY
TO WHICH THE APPLICANT PROPOSES TO TRANSPORT THE MATERIALS, NAME THE
FACILITY TO WHICH THE MATERIALS WILL BE TRANSPORTED, INCLUDE EXPECTED
RATE OF DIVERSION FROM THE WASTE STREAM BY MATERIAL TYPE, AND ESTIMATED
WEIGHT OF BUILDING WASTE MATERIALS TO BE DISPOSED OF AT A LANDFILL OR
LANDFILLS.
S. 8168 5
(4) THE DECONSTRUCTION AND SALVAGE SURVEY AND DECONSTRUCTION AND
SALVAGE PLAN MUST BE COMPLETED AND INCLUDED FOR REVIEW AS PART OF THE
PERMIT APPLICATION.
(5) DEMONSTRATION OF IMPLEMENTATION. THE PERMITTEE SHALL DEMONSTRATE
IMPLEMENTATION OF THE APPROVED DECONSTRUCTION AND SALVAGE PLAN BY
SUBMITTING A REPORT TO THE DIRECTOR OF PLANNING AND DEVELOPMENT OF THE
LOCAL POLITICAL SUBDIVISION OR OTHER DESIGNEE APPOINTED BY AN ELECTED
BODY OF THE LOCAL POLITICAL SUBDIVISION NO LATER THAN NINETY DAYS AFTER
THE COMPLETION OF THE PROJECT. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE AMOUNT OF BUILDING MATERIALS THAT WERE DIVERTED FROM
LANDFILLS, THE NAME AND ADDRESS OF THE OFFSITE FACILITY TO WHICH THE
DIVERTED BUILDING MATERIALS WERE DELIVERED, THE NAME AND CONTACT INFOR-
MATION OF THE DECONSTRUCTION CONTRACTOR, AS WELL AS PRICE QUOTES FOR
DIVERTED AND RECLAIMED BUILDING MATERIALS, PROCESSING COSTS, AND LAND-
FILL TIPPING FEES ASSOCIATED WITH THE PROJECT.
2 - ON-SITE SOURCE SEPARATION REQUIREMENT
EACH CONSTRUCTION, DEMOLITION OR DECONSTRUCTION PROJECT MUST IMPLEMENT
SOURCE SEPARATION OF BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLI-
TION MATERIALS AT THE PROJECT SITE.
3 - MINIMUM DIVERSION REQUIREMENT
FOR EACH PROJECT COVERED BY THIS LOCAL ORDINANCE, THE MINIMUM PERCENT-
AGE OF BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
WHICH MUST BE DIVERTED FROM DISPOSAL IN A LANDFILL (THROUGH SALVAGE FOR
REUSE OR RECYCLING) SHALL BE:
(1) IN PHASE I (BEGINNING ON THE EFFECTIVE DATE OF THIS ORDINANCE, AND
FOR 3 YEARS THEREAFTER) - 10% MINIMUM DIVERSION;
(2) IN PHASE II (BETWEEN 3 AND 5 YEARS FROM THE EFFECTIVE DATE) - 25%
MINIMUM DIVERSION;
(3) IN PHASE III (5 YEARS FROM THE EFFECTIVE DATE AND BEYOND) - 50%
MINIMUM DIVERSION.
4 - PRIORITY TO PROJECTS WITH DECONSTRUCTION
THE DIRECTOR OF PLANNING AND DEVELOPMENT OF THE LOCAL POLITICAL SUBDI-
VISION OR OTHER DESIGNEE APPOINTED BY AN ELECTED BODY OF THE LOCAL POLI-
TICAL SUBDIVISION SHALL GIVE PRIORITY TO PERMIT APPLICATIONS FOR
PROJECTS WITH AN APPROVED DECONSTRUCTION AND SALVAGE PLAN COMPLETED BY A
DECONSTRUCTION CONTRACTOR WHICH INCLUDES A COMMITMENT TO DECONSTRUCT AND
MEET THE CURRENT MINIMUM DIVERSION REQUIREMENT, FOR PURPOSES OF PROCESS-
ING SUCH APPLICATION BEFORE PROJECTS WITHOUT SUCH A PLAN. PERMIT APPLI-
CATIONS FOR NEW CONSTRUCTION PROJECTS ON A SITE WHERE A DECONSTRUCTION
PROJECT HAS OCCURRED THAT HAS MET THE FULL CRITERIA OF THE DECON-
STRUCTION ORDINANCE OF THE POLITICAL SUBDIVISION, IF BY THE SAME DEVEL-
OPER WHO IMPLEMENTED THE DECONSTRUCTION PROJECT, SHALL ALSO BE PRIOR-
ITIZED OVER PROJECTS WHERE THE PRIOR BUILDING WAS NOT DECONSTRUCTED IN
ACCORDANCE WITH THE LOCAL DECONSTRUCTION ORDINANCE.
5 - LOWER PERMIT FEES FOR PROJECTS WITH DECONSTRUCTION
PERMIT FEES FOR PROJECTS WITH AN APPROVED DECONSTRUCTION AND SALVAGE
PLAN WHICH INCLUDES A COMMITMENT TO MEET THE CURRENT MINIMUM DIVERSION
REQUIREMENT SHALL BE AT LEAST 50% LOWER THAN FOR PROJECTS WITHOUT SUCH A
PLAN.
6 - ENFORCEMENT
(1) THE DIRECTOR OF PLANNING AND DEVELOPMENT OF THE LOCAL POLITICAL
SUBDIVISION OR OTHER DESIGNEE APPOINTED BY AN ELECTED BODY OF THE LOCAL
POLITICAL SUBDIVISION OR THEIR DESIGNEE SHALL IMPOSE PENALTIES ON ANY
RESPONSIBLE PARTY WHO FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS
ORDINANCE OR WHO HAS MISREPRESENTED ANY MATERIAL FACT IN A DOCUMENT OR
PIECE OF EVIDENCE REQUIRED TO BE PREPARED OR SUBMITTED BY THIS ORDI-
S. 8168 6
NANCE. VIOLATIONS WILL BE REFERRED TO THE CITY ATTORNEY OR RELEVANT
EQUIVALENT LEGAL COUNSEL. PENALTIES MAY INCLUDE FINANCIAL PENALTIES ON
A PERMIT BASIS AND TEMPORARY OR PERMANENT REMOVAL OF A DECONSTRUCTION
CONTRACTOR FROM THE LOCAL POLITICAL SUBDIVISION'S APPROVED LIST OF
CONTRACTORS.
(2) STOP WORK ORDERS. WHEN NECESSARY TO OBTAIN COMPLIANCE WITH THIS
ORDINANCE, THE DIRECTOR OF PLANNING AND DEVELOPMENT OF THE LOCAL POLI-
TICAL SUBDIVISION OR OTHER DESIGNEE APPOINTED BY AN ELECTED BODY OF THE
LOCAL POLITICAL SUBDIVISION MAY ISSUE A STOP WORK ORDER REQUIRING THAT
ALL WORK, EXCEPT WORK DIRECTLY RELATED TO ELIMINATION OF THE VIOLATION,
BE IMMEDIATELY AND COMPLETELY STOPPED. IF THE DIRECTOR ISSUES A STOP
WORK ORDER, ACTIVITY SUBJECT TO THE ORDER MAY NOT BE RESUMED UNTIL SUCH
TIME AS THE DIRECTOR GIVES SPECIFIC APPROVAL IN WRITING. THE STOP WORK
ORDER WILL BE IN WRITING AND POSTED AT A CONSPICUOUS LOCATION AT THE
SITE. WHEN AN EMERGENCY CONDITION EXISTS, A STOP WORK ORDER MAY BE
ISSUED ORALLY, FOLLOWED BY A WRITTEN STOP WORK ORDER. IT IS UNLAWFUL FOR
ANY PERSON TO REMOVE, OBSCURE, MUTILATE, OR OTHERWISE DAMAGE A STOP WORK
ORDER. ANY APPLICANT SUBJECT TO A STOP WORK ORDER MAY SEEK ADMINISTRA-
TIVE REVIEW OF THE ORDER AND MAY APPEAL THE DIRECTOR'S ADMINISTRATIVE
DETERMINATION.
(3) PENALTY CRITERIA. THE MUNICIPAL ATTORNEY OR RELEVANT EQUIVALENT
LEGAL COUNSEL WILL CONSIDER THE FOLLOWING CRITERIA IN DETERMINING THE
NUMBER OF PENALTIES OR REMEDIES TO IMPOSE UNDER THIS ORDINANCE:
A. THE NATURE AND EXTENT OF THE APPLICANT'S INVOLVEMENT IN THE
VIOLATION;
B. WHETHER THE APPLICANT WAS SEEKING ANY BENEFITS, ECONOMIC OR OTHER-
WISE, THROUGH THE VIOLATION;
C. WHETHER OTHER SIMILAR PRIOR VIOLATIONS HAVE OCCURRED WITH THAT
APPLICANT;
D. WHETHER THE VIOLATION WAS ISOLATED AND TEMPORARY, OR REPEATED AND
CONTINUOUS;
E. THE LENGTH OF TIME FROM ANY PRIOR VIOLATIONS;
F. THE MAGNITUDE AND SEVERITY OF THE VIOLATION;
G. THE COSTS OF INVESTIGATING AND REMEDYING THE VIOLATION;
H. OTHER RELEVANT, APPLICABLE EVIDENCE BEARING ON THE NATURE AND
SEVERITY OF THE VIOLATION.
(4) INSPECTIONS. THE DIRECTOR OF PLANNING AND DEVELOPMENT OF THE LOCAL
POLITICAL SUBDIVISION OR OTHER DESIGNEE APPOINTED BY AN ELECTED BODY OF
THE LOCAL POLITICAL SUBDIVISION OR MUNICIPAL ATTORNEY OR RELEVANT EQUIV-
ALENT LEGAL COUNSEL MAY CONDUCT INSPECTIONS WHENEVER NECESSARY TO
ENFORCE ANY PROVISIONS OF THIS ORDINANCE AND TO DETERMINE COMPLIANCE
WITH THIS ORDINANCE OR WHENEVER THE DIRECTOR HAS REASONABLE CAUSE TO
BELIEVE THAT THERE EXISTS ANY VIOLATION OF THIS ORDINANCE. IF THE
RESPONSIBLE PARTY IS AT THE SITE WHEN THE INSPECTION IS OCCURRING, THE
DIRECTOR WILL FIRST PRESENT PROPER CREDENTIALS TO THE RESPONSIBLE PARTY
AND REQUEST ENTRY.
(5) APPEALS. WHENEVER THE RESPONSIBLE PARTY HAS BEEN GIVEN A WRITTEN
NOTICE OR ORDER PURSUANT TO THIS ORDINANCE OR HAS BEEN DIRECTED TO MAKE
ANY CORRECTION, PAY A PENALTY, OR PERFORM ANY ACT AND THE RESPONSIBLE
PARTY BELIEVES THAT THE FINDING OF THE NOTICE OR ORDER WAS IN ERROR, THE
RESPONSIBLE PARTY MAY HAVE THE NOTICE OR ORDER REVIEWED BY THE DIRECTOR
OF PLANNING AND DEVELOPMENT OF THE LOCAL POLITICAL SUBDIVISION OR OTHER
DESIGNEE APPOINTED BY AN ELECTED BODY OF THE LOCAL POLITICAL SUBDIVI-
SION.
§ 395. REPORTING REQUIREMENTS. BEGINNING ONE YEAR AFTER THE AWARDING
OF GRANTS PURSUANT TO SECTION THREE HUNDRED NINETY-SIX OF THIS ARTICLE,
S. 8168 7
EACH LOCAL POLITICAL SUBDIVISION AWARDED A GRANT PURSUANT TO SUCH
SECTION OF THE ENVIRONMENTAL CONSERVATION LAW SHALL BE REQUIRED TO
REPORT TO THE DEPARTMENT ANNUALLY REGARDING HOW MANY PERMITS FOR
PROJECTS WITH DECONSTRUCTION AND SALVAGE PLANS WERE ISSUED WITHIN SUCH
LOCAL POLITICAL SUBDIVISION AND, FOR ALL CONSTRUCTION PROJECT SITES
WITHIN SUCH LOCAL POLITICAL SUBDIVISION'S JURISDICTIONAL BOUNDARIES,
SUMMARY DATA ON WHERE BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLI-
TION MATERIALS WERE TAKEN WHEN THEY LEFT SUCH PROJECT SITES, PROVIDING A
BREAKDOWN BY TYPE, QUANTITY AND QUALITY OF MATERIAL. PENALTIES MAY
INCLUDE FINANCIAL PENALTIES ON A PERMIT BASIS AND TEMPORARY OR PERMANENT
REMOVAL OF A DECONSTRUCTION CONTRACTOR FROM THE LOCAL POLITICAL SUBDIVI-
SION'S APPROVED LIST OF CONTRACTORS.
§ 396. CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION WASTE PREVENTION
AND REDUCTION GRANT AND TECHNICAL SUPPORT PROGRAM. 1. THERE IS HEREBY
ESTABLISHED WITHIN THE DEPARTMENT OF STATE A CONSTRUCTION, DECON-
STRUCTION, AND DEMOLITION WASTE PREVENTION AND REDUCTION GRANT AND TECH-
NICAL SUPPORT PROGRAM TO REDUCE THE GENERATION AND DISPOSAL OF BUILDING
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION WASTE BY PROMOTING THE
DECONSTRUCTION, SALVAGE, REPURPOSING, AND REUSE OF PREVIOUSLY USED,
DIVERTED AND RECLAIMED BUILDING MATERIALS, AND TO ESTABLISH A ROBUST
STATEWIDE DECONSTRUCTION MATERIALS ECONOMY. SUCH FUNDS AS MAY BE APPRO-
PRIATED SHALL BE EQUITABLY DIVIDED ACROSS THE STATE'S TEN REGIONS,
INCLUDING WESTERN NEW YORK, THE FINGER LAKES, THE SOUTHERN TIER, CENTRAL
NEW YORK, THE MOHAWK VALLEY, THE CAPITAL REGION, MID-HUDSON, NEW YORK
CITY, LONG ISLAND, THE NORTH COUNTRY, AND SHALL BE AWARDED ON A COMPET-
ITIVE BASIS WITHIN EACH REGION. AWARDS SHALL BE MADE WITH A GOAL FOR
DISADVANTAGED COMMUNITIES, AS DEFINED IN SECTION 75-0101 OF THE ENVIRON-
MENTAL CONSERVATION LAW AND USING CRITERIA DEVELOPED BY THE CLIMATE
JUSTICE WORKING GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THE
ENVIRONMENTAL CONSERVATION LAW, TO RECEIVE FORTY PERCENT OF THE OVERALL
AMOUNT AWARDED. THE AMOUNT OF EACH GRANT AWARDED TO A MUNICIPALITY WHICH
ADOPTS AN ORDINANCE PURSUANT TO SECTION THREE HUNDRED NINETY-FOUR OF
THIS ARTICLE SHALL BE DETERMINED ACCORDING TO THE QUANTITY OF DECON-
STRUCTED BUILDING MATERIALS EACH HUB HAS THE CAPACITY TO DIVERT FROM
LANDFILLS AND MAKE AVAILABLE FOR REUSE. THE SECRETARY OF STATE MAY, IN
THE FIRST YEAR IN WHICH FUNDS ARE APPROPRIATED, MAKE AWARDS TO A SMALL
NUMBER OF APPLICANTS AS A PILOT PROGRAM IN ORDER TO GATHER INFORMATION
ABOUT PROGRAM IMPLEMENTATION AND MAKE IMPROVEMENTS TO THE PROGRAM BEFORE
PROGRAM EXPANSION. THE SECRETARY OF STATE SHALL PROMULGATE SUCH REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT THIS PROGRAM NO LATER THAN ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
2. SUBJECT TO APPROPRIATIONS THEREFOR, FUNDS MAY BE AWARDED BY THE
SECRETARY OF STATE ON A COMPETITIVE BASIS TO ANY MUNICIPALITY WHICH
ADOPTS AN ORDINANCE PURSUANT TO SECTION THREE HUNDRED NINETY-FOUR OF
THIS ARTICLE AND WHICH PROVIDES FOR THE ESTABLISHMENT AND OPERATION OF A
DECONSTRUCTED BUILDING MATERIALS HUB AS DEFINED IN SECTION THREE HUNDRED
NINETY-THREE OF THIS ARTICLE.
3. GRANTS AWARDED PURSUANT TO THIS SECTION MAY BE USED FOR COSTS ASSO-
CIATED WITH:
(A) DEVELOPING AND IMPLEMENTING A LOCAL DECONSTRUCTION ORDINANCE;
(B) COLLECTING AND REPORTING DATA REQUIRED PURSUANT TO SECTION THREE
HUNDRED NINETY-FIVE OF THIS ARTICLE;
(C) ESTABLISHMENT AND/OR OPERATION OF A DECONSTRUCTED BUILDING MATERI-
ALS HUB, INCLUDING CONTRACTING ANOTHER ENTITY TO BUILD AND/OR OPERATE
SUCH HUB;
S. 8168 8
(D) TRAINING CONTRACTORS AND LABORERS IN BEST PRACTICES FOR DECON-
STRUCTION OF BUILDINGS;
(E) PLANNING AND/OR IMPLEMENTING DECONSTRUCTION PROJECTS;
(F) REMEDIATION ACTIVITIES NECESSARY FOR DECONSTRUCTION, INCLUDING BUT
NOT LIMITED TO LEAD, ASBESTOS, AND OTHER HAZARDOUS MATERIAL REMEDIATION.
FUNDS FOR REMEDIATION SHALL BE PROVIDED ON A MATCHING BASIS, AND THE
DEPARTMENT SHALL SPECIFY: THE PERCENTAGE THAT WILL BE THE STATE'S SHARE,
AS WELL AS THE MUNICIPALITY'S SHARE; MAXIMUM PER-BUILDING AWARDS; MAXI-
MUM TOTAL PROJECT AWARDS; AND ANY OTHER STANDARDS, GUIDELINES OR RULES
AS MAY BE NECESSARY.
4. TECHNICAL SUPPORT FOR PREPARING AN APPLICATION FOR A GRANT PURSUANT
TO THIS SECTION SHALL BE MADE AVAILABLE BY THE DEPARTMENT OF STATE TO
ANY MUNICIPALITY IN THE STATE, REGARDLESS OF WHETHER SUCH MUNICIPALITY
IS ALREADY A GRANTEE OF THE PROGRAM. INFORMATION ABOUT THE GRANT
PROGRAM AS WELL AS RESOURCES ON CONSTRUCTION, DECONSTRUCTION, AND DEMO-
LITION WASTE PREVENTION AND REDUCTION SHALL BE MADE AVAILABLE ON THE
DEPARTMENT OF STATE WEBSITE.
§ 4. The title heading of title 31 of article 27 of the environmental
conservation law, as amended by chapter 29 of the laws of 2021, is
amended to read as follows:
CONSTRUCTION, DECONSTRUCTION,
AND DEMOLITION [DEBRIS] MATERIALS
§ 5. Section 27-3101 of the environmental conservation law, as amended
by chapter 29 of the laws of 2021, 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, DECONSTRUCTION, and demolition [debris]
MATERIALS, as defined in section 71-2702 of this chapter, shall provide
waste transporters with a waste tracking document for each construction,
DECONSTRUCTION, and demolition [debris] MATERIALS shipment, in a form
prescribed or approved by the department, specifying the quantity and
type of construction, DECONSTRUCTION, and demolition [debris] MATERIALS,
and signed and dated by an authorized representative of the generator
and with a certification in a form prescribed by the department, which
shall contain a certification by the generator that the information
therein is true, accurate and complete.
2. All transporters of construction, DECONSTRUCTION, and demolition
[debris] MATERIALS generated in a city with a population of one million
or more shall:
(a) not accept a shipment of [debris] CONSTRUCTION, DECONSTRUCTION,
AND DEMOLITION MATERIALS that does not match the quantity or type listed
on the [debris] CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
tracking document;
(b) have the [debris] CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION
MATERIALS tracking document signed by the receiving location or facility
upon delivery of the [solid debris] MATERIALS 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.
§ 6. Paragraph (a) of subdivision 15 of section 71-2702 of the envi-
ronmental conservation law, as amended by chapter 29 of the laws of
2021, is amended to read as follows:
(a) "construction, DECONSTRUCTION, and demolition [debris] MATERIALS"
shall mean [waste] MATERIALS resulting from construction, remodeling,
repair, DECONSTRUCTION, and demolition of structures, buildings and
roads, including but not limited to excavated material. Construction,
S. 8168 9
DECONSTRUCTION, and demolition [debris] MATERIALS shall not include,
even if generated from construction, remodeling, repair, DECONSTRUCTION,
and demolition activities, municipal solid waste and such other materi-
als that may be listed for exclusion from this definition pursuant to
regulations promulgated by the department.
§ 7. Section 71-2712 of the environmental conservation law, as amended
by chapter 26 of the laws of 1998, subdivision 4 as amended by chapter
332 of the laws of 2020, and subdivision 5 as amended by chapter 29 of
the laws of 2021, is amended to read as follows:
§ 71-2712. Endangering public health, safety or the environment in the
third degree.
A person is guilty of endangering public health, safety or the envi-
ronment in the third degree when:
1. [He] SUCH PERSON recklessly engages in conduct which causes the
release of a substance acutely hazardous to public health, safety or the
environment; or
2. [He] SUCH PERSON recklessly engages in conduct which causes the
release of more than two hundred gallons or two thousand pounds, which-
ever is less, of an aggregate weight or volume of a substance hazardous
to public health, safety or the environment; or
3. [He] SUCH PERSON recklessly engages in conduct which causes the
release of more than one hundred gallons or one thousand pounds, which-
ever is less, of an aggregate weight or volume of a substance hazardous
to public health, safety or the environment and such release creates a
substantial risk of physical injury to any person who is not a partic-
ipant in the crime; or
4. [He or she] SUCH PERSON knowingly engages in conduct which causes
the release of more than one hundred gallons or one thousand pounds,
whichever is less, of an aggregate weight or volume of a substance
hazardous to public health, safety or the environment; or
5. With intent to dispose of construction, DECONSTRUCTION, and demoli-
tion [debris] MATERIALS, [he or she] SUCH PERSON 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,
DECONSTRUCTION, and demolition [debris] MATERIALS, as defined in section
71-2702 of this title.
Endangering public health, safety or the environment in the third
degree is a class E felony.
§ 8. Section 71-2713 of the environmental conservation law, as amended
by chapter 26 of the laws of 1998, subdivision 6 as amended by chapter
332 of the laws of 2020, and subdivisions 7, 8 and 9 as amended by chap-
ter 29 of the laws of 2021, is amended to read as follows:
§ 71-2713. Endangering public health, safety or the environment in the
second degree.
A person is guilty of endangering public health, safety or the envi-
ronment in the second degree when:
1. [He] SUCH PERSON knowingly engages in conduct which causes the
release of a substance hazardous to public health, safety or the envi-
ronment and such release causes physical injury to any person who is not
a participant in the crime; or
2. [He] SUCH PERSON knowingly engages in conduct which causes the
release of a substance acutely hazardous to public health, safety or the
environment or the release of a substance which at the time of the
conduct [he] SUCH PERSON knows to meet any of the criteria set forth in
paragraph (b) of subdivision one of section 37-0103 of this chapter; or
S. 8168 10
3. [He] SUCH PERSON knowingly engages in conduct which causes the
release of more than one thousand five hundred gallons or fifteen thou-
sand pounds, whichever is less, of an aggregate weight or volume of a
substance hazardous to public health, safety or the environment; or
4. [He] SUCH PERSON recklessly engages in conduct which causes the
release of a substance acutely hazardous to public health, safety or the
environment and such release causes physical injury to any person who is
not a participant in the crime; or
5. [He] SUCH PERSON knowingly engages in conduct which causes the
release of more than one hundred gallons or one thousand pounds, which-
ever is less, of an aggregate weight or volume of a substance hazardous
to public health, safety or the environment and such substance enters
water; or
6. [He or she] SUCH PERSON knowingly or recklessly engages in conduct
which causes the release of a substance hazardous to public health,
safety or the environment and such substance enters a primary water
supply; or
7. With intent to dispose of construction, DECONSTRUCTION, and demoli-
tion [debris, he or she] MATERIALS, SUCH PERSON intentionally engages in
conduct that causes the unlawful disposal or release of either seventy
cubic yards or more, or one hundred forty thousand pounds or more, of
construction, DECONSTRUCTION, and demolition [debris] MATERIALS, as
defined in section 71-2702 of this title; or
8. With intent to dispose of a hazardous substance on the property of
another [he or she] SUCH PERSON intentionally engages in conduct that
causes the unlawful disposal or release of a hazardous substance; or
9. [He or she] SUCH PERSON recklessly disposes of any acutely hazard-
ous substance on any property.
Endangering public health, safety or the environment in the second
degree is a class D felony.
§ 9. Subdivision 9 of section 27-0501 of the environmental conserva-
tion law, as added by chapter 552 of the laws of 1980, is amended to
read as follows:
9. "Source separation" means the segregation of recyclable OR REUSABLE
materials from the solid waste stream at the point of generation for
separate collection, sale or other disposition.
§ 10. The labor law is amended by adding a new article 35-A to read as
follows:
ARTICLE 35-A
DECONSTRUCTION CONTRACTOR CERTIFICATION
SECTION 1010. LEGISLATIVE FINDINGS AND DECLARATION.
1011. DEFINITIONS.
1012. CERTIFICATION PROGRAM.
1013. CERTIFICATION PROCEDURE.
§ 1010. LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE FINDS
THAT THE DECONSTRUCTION AND SALVAGE OF VALUABLE BUILDING CONSTRUCTION
AND DEMOLITION MATERIALS IS AN IMPORTANT, SUSTAINABLE WASTE MANAGEMENT
PRACTICE WHICH, WHEN COMBINED WITH SOURCE SEPARATION OF BUILDING
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS, HAS THE POTEN-
TIAL TO SIGNIFICANTLY REDUCE THE PRODUCTION OF CONSTRUCTION WASTE RAPID-
LY FILLING NEW YORK STATE'S LANDFILLS. TO IMPLEMENT DECONSTRUCTION
EFFECTIVELY, PROJECTS MUST BE ABLE TO RETAIN QUALIFIED DECONSTRUCTION
CONTRACTORS. THE LACK OF SKILLED DECONSTRUCTION CONTRACTORS IS A BARRIER
TO INCREASING THE PRACTICE OF DECONSTRUCTION RATHER THAN DEMOLITION. THE
PURPOSE OF THIS ARTICLE IS TO HELP ESTABLISH A ROBUST AND WELL QUALIFIED
DECONSTRUCTION WORKFORCE TO INCREASE THE PRACTICE OF DECONSTRUCTION,
S. 8168 11
THEREBY INCREASING THE DIVERSION OF OTHERWISE VALUABLE BUILDING
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS WHICH WOULD
OTHERWISE GO INTO LANDFILLS AND REDUCING CARBON EMISSIONS ASSOCIATED
WITH MANUFACTURING NEW BUILDING MATERIALS.
§ 1011. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS"
SHALL MEAN CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION FIFTEEN OF SECTION 71-2702 OF
THE ENVIRONMENTAL CONSERVATION LAW WHICH RESULT FROM CONSTRUCTION,
REMODELING, REPAIR, DECONSTRUCTION OR DEMOLITION OF BUILDINGS.
2. "DECONSTRUCTION" SHALL MEAN THE SYSTEMATIC DISMANTLING OF A BUILD-
ING EITHER AS A WHOLE OR IN PART, TO MAXIMIZE THE SALVAGE OF VALUABLE
MATERIALS AND ARCHITECTURAL COMPONENTS FOR REUSE, RESALE, OR RECYCLING.
3. "SOURCE SEPARATION" SHALL MEAN THE SEGREGATION OF RECYCLABLE OR
REUSABLE MATERIALS FROM THE SOLID WASTE STREAM AT THE POINT OF GENER-
ATION FOR SEPARATE COLLECTION, SALE, OR OTHER DISPOSITION, FOLLOWED BY
FULL DISAGGREGATION INTO MATERIALS CATEGORIES THAT COLLECTIVELY WOULD BE
EQUALLY REUSABLE AND/OR RECYCLABLE AND THAT WOULD BE USED TOGETHER IN
THEIR FUTURE USE.
§ 1012. CERTIFICATION PROGRAM. 1. THE DEPARTMENT SHALL PROMULGATE
RULES AND REGULATIONS FOR THE ESTABLISHMENT OF A CERTIFICATION PROGRAM
FOR DECONSTRUCTION CONTRACTORS WHICH SHALL PROVIDE EDUCATION, TRAINING
AND CERTIFICATION FOR DECONSTRUCTION CONTRACTORS IN SUSTAINABLE BUILDING
AND WASTE MANAGEMENT PRACTICES, INCLUDING DECONSTRUCTION AND SOURCE
SEPARATION OF BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION
MATERIALS.
2. SUCH CERTIFICATION PROGRAM SHALL:
A. ESTABLISH TRAINING COMPETENCIES IN DECONSTRUCTION OF THE FULL RANGE
OF BUILDING TYPES, INCLUDING COMPLETING A DECONSTRUCTION AND SALVAGE
SURVEY, A DECONSTRUCTION AND SALVAGE PLAN, AND PROPER BUILDING
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIAL COLLECTION, SOURCE
SEPARATION, CLEANING, PROCESSING, TRANSPORTING, AND STORAGE OF DIVERTED
AND RECLAIMED BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION
MATERIALS AS DEFINED IN SECTION THREE HUNDRED NINETY-THREE OF THE EXECU-
TIVE LAW, TO MAXIMIZE THE USEFUL LIFE OF SUCH MATERIALS;
B. OUTLINE TRAINING CRITERIA TO ESTABLISH COMPETENCY IN PERFORMING THE
DIFFERENT TYPES OF DECONSTRUCTION, INCLUDING BUT NOT LIMITED TO SOFT-
STRIPPING, HYBRID, AND FULL DECONSTRUCTION; AND
C. ESTABLISH GUIDELINES AND RESPONSIBILITIES FOR TRAINING AND OVERSEE-
ING WORKFORCE FOR COMPETENCY, EFFICIENCY AND SAFETY, INCLUDING THE IDEN-
TIFICATION OF BUILDINGS ELIGIBLE FOR DECONSTRUCTION AND PROPERLY HANDL-
ING BUILDING CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
CONTAINING ASBESTOS, LEAD AND FLAME RETARDANTS AND ANY MATERIALS LISTED
AS HAZARDOUS WASTE PURSUANT TO SECTION 27-0903 OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 1013. CERTIFICATION PROCEDURE. 1. TO BE ELIGIBLE FOR CERTIFICATION,
DECONSTRUCTION CONTRACTORS SHALL SUCCESSFULLY COMPLETE THE TRAINING
PROGRAM DEVELOPED PURSUANT TO SECTION ONE THOUSAND TWELVE OF THIS ARTI-
CLE OR ANOTHER DECONSTRUCTION CONTRACTOR CERTIFICATION PROGRAM RECOG-
NIZED BY THE DEPARTMENT, AS DETERMINED BY THE COMMISSIONER.
2. ALL APPLICATIONS FOR DECONSTRUCTION CONTRACTOR CERTIFICATES SHALL
BE SUBMITTED ELECTRONICALLY ON FORMS FURNISHED BY THE COMMISSIONER AND
SHALL CONTAIN SUCH INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
§ 11. This act shall take effect immediately.
