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A01566 Summary:

MLTSPNSRBarclay, Goodell
Amd 19-0301, En Con L
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.
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A01566 Actions:

01/12/2017referred to environmental conservation
05/16/2017held for consideration in environmental conservation
01/03/2018referred to environmental conservation
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A01566 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
        Introduced  by  M.  of A. HAWLEY, OAKS -- Multi-Sponsored by -- M. of A.
          BARCLAY, GOODELL -- read once and referred to the Committee  on  Envi-
          ronmental 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:
     1    Section 1. Section 19-0301 of the environmental  conservation  law  is
     2  amended by adding a new subdivision 6 to read as follows:
     3    6. a. The department is prohibited from adopting any code, rule, regu-
     4  lation or standard that would restrict the burning of garbage, refuse or
     5  rubbish,  as  defined in this section, in an open fire on land possessed
     6  by a single family, a member of which is the owner, occupant  or  lessee
     7  of  said  land,  or any part of a farm on which only animal or vegetable
     8  waste resulting from the operation of such farm is deposited.
     9    b. This subdivision shall not apply to any city  or  village,  or  any
    10  town  with a total town population, including incorporated or unincorpo-
    11  rated areas, of greater than twenty thousand.
    12    c. For the purposes of  this  subdivision  the  following  definitions
    13  shall apply:
    14    (1) "Open fire" shall mean any outdoor fire or outdoor smoke producing
    15  process  from  which  air  contaminants  are  emitted  directly into the
    16  outdoor atmosphere.
    17    (2) "Garbage" shall mean the animal and vegetable waste resulting from
    18  the handling, preparation, cooking and serving of food.
    19    (3) "Refuse" shall mean all waste material, including but not  limited
    20  to, incinerator residue, street sweepings, dead animals and offal.
    21    (4) "Rubbish" shall mean solid or liquid waste material, including but
    22  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.

        A. 1566                             2
     1  and branches from trees, vines, lawn and garden debris, furniture, wood,
     2  and sawdust.
     3    §  2. This act shall take effect immediately and shall expire December
     4  15, 2021 when upon such date the provisions of this act shall be  deemed
     5  repealed.
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