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; provides for the repeal of such provisions under the expiration thereof.
STATE OF NEW YORK
________________________________________________________________________
2323
2025-2026 Regular Sessions
IN ASSEMBLY
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:
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 persons.
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
23 and branches from trees, vines, lawn and garden debris, furniture, wood,
24 and sawdust.
25 § 2. This act shall take effect immediately and shall expire on Decem-
26 ber 15, 2029 when upon such date the provisions of this act shall be
27 deemed repealed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01781-01-5
