Amd 375, add Art 18-B 392 - 396, Exec L; amd Art 27 Title 31 Title Head, 27-3101, 71-2702, 71-2712, 71-2713 &
27-0501, En Con L; add Art 35-A 1010 - 1013, Lab L
Relates to the reuse of building construction, deconstruction, and demolition materials, including requiring local deconstruction ordinances and reporting requirements for local political subdivisions awarded grants for construction, deconstruction and demolition projects; establishes a construction, deconstruction, and demolition waste prevention and reduction grant and technical support program; establishes deconstruction contractor certification requirements.
STATE OF NEW YORK
________________________________________________________________________
8637
2025-2026 Regular Sessions
IN ASSEMBLY
May 22, 2025
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law and the environmental conservation
law, in relation to deconstruction and salvage of building
construction, deconstruction, and demolition materials; and to amend
the labor law, in relation to deconstruction contractor certification
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "building materials reduction, reuse, and recycling act".
3 § 2. Section 375 of the executive law is amended by adding a new
4 subdivision 10 to read as follows:
5 10. To, as soon as practicable and no later than eighteen months after
6 the effective date of this subdivision, update the uniform fire
7 prevention and building code to reflect any changes the council deems
8 necessary and appropriate to support the salvage and reuse of valuable
9 building materials and reduce the generation of construction and demoli-
10 tion waste going to landfills, consistent with the purposes set forth in
11 section three hundred ninety-two of this chapter.
12 § 3. The executive law is amended by adding a new article 18-B to read
13 as follows:
14 ARTICLE 18-B
15 BUILDING MATERIALS REDUCTION, REUSE, AND RECYCLING PROMOTION ACT
16 Section 392. Legislative findings and intent.
17 393. Definitions.
18 394. Local deconstruction ordinance.
19 395. Reporting requirements.
20 396. Construction, deconstruction, and demolition waste
21 prevention and reduction grant and technical support
22 program.
23 § 392. Legislative findings and intent. The legislature hereby finds
24 and declares that the Climate Leadership and Community Protection Act
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13128-03-5
A. 8637 2
1 (CLCPA) of 2019 and the Climate Action Council's Scoping Plan Waste
2 Sector Vision for 2050 call for a dramatic shift in the way waste is
3 managed, to the point that landfills and combustors are only used spar-
4 ingly for specific material streams, that reduction, reuse and and recy-
5 cling of building materials are robust and ubiquitous practices, and
6 that deconstructed building materials are processed separately to maxi-
7 mize their continued usefulness. In New York state, local governments
8 carry responsibility for materials management and solid waste management
9 programming but lack targeted state funding to invest in systems
10 supporting the deconstruction and salvage of valuable materials from
11 buildings for reuse. Finally, the legislature also finds and declares
12 that it is in the public interest, in order to further the purposes of
13 the state policy on solid waste management articulated in section
14 27-0106 of the environmental conservation law, for local political
15 subdivisions to adopt local laws or ordinances incentivizing decon-
16 struction and salvage of building materials, rather than the current
17 standard practice of demolition of buildings without regard to the value
18 of potentially reusable materials.
19 The purpose of this article is to incentivize local political subdivi-
20 sions of New York state to adopt and implement local ordinances support-
21 ing the deconstruction and salvage of valuable building materials and
22 increasing the reuse of these materials, with the ultimate goals of
23 reducing the generation of construction and demolition waste going to
24 landfills, and by extending the useful lifespan of these materials,
25 reducing carbon emissions associated with both construction and demoli-
26 tion and with the production of new materials for construction, as well
27 as reducing the adverse health impacts associated with building demoli-
28 tion through the release of dust, particulate matter, and volatile
29 organic compounds and pollutants into air, water and soil.
30 In order for local political subdivisions to implement local decon-
31 struction ordinances effectively, they must be able to find qualified
32 deconstruction contractors. The lack of skilled building deconstruction
33 contractors is a barrier to increasing the practice of deconstruction
34 rather than demolition. Therefore, a further purpose of this article is
35 to help establish a robust and well-qualified deconstruction workforce.
36 § 393. Definitions. For the purposes of this article, the following
37 terms shall have the following meanings:
38 1. "Building construction, deconstruction, and demolition materials"
39 shall mean construction, deconstruction, and demolition materials, as
40 defined in paragraph (a) of subdivision fifteen of section 71-2702 of
41 the environmental conservation law, which result from the construction,
42 remodeling, repair, deconstruction or demolition of buildings.
43 2. "Building waste materials" shall mean building construction, decon-
44 struction, and demolition materials that are lost to landfills or incin-
45 eration.
46 3. "Deconstructed building materials hub" shall mean a deconstructed
47 building materials warehouse or other storage space used to store
48 diverted and reclaimed materials available for sale which meets safety
49 standards for dry storage and public accessibility, to be determined by
50 the commissioner, and which at a minimum:
51 (a) has sufficient forms of ingress and egress to allow for flow of
52 materials into and out of the facility;
53 (b) has sufficient size and capacity to accommodate the full range of
54 diverted building and reclaimed materials intended to be stored there;
55 and
A. 8637 3
1 (c) includes the operational capacity for purchase of diverted and
2 reclaimed building materials, either on site or at a location which is
3 near enough to the storage facility to minimize transportation costs and
4 emissions.
5 4. "Deconstruction contractor" shall mean a contractor that has
6 successfully completed a deconstruction certification program recognized
7 by the New York state department of labor.
8 5. "Deconstruction" shall mean the systematic dismantling of a build-
9 ing either as a whole or in part, to maximize the salvage of valuable
10 materials and architectural components for reuse, resale, or recycling.
11 6. "Deconstruction and salvage survey" shall mean a building analysis
12 conducted by a deconstruction contractor that accounts for the quantity,
13 type and estimated value of materials which can be salvaged for reuse
14 and/or recycling and diverted from being taken to a landfill, as well as
15 an estimate of the quantity and type of material rendered unsalvageable
16 by the presence of hazardous or acutely hazardous materials, including
17 but not limited to asbestos and lead.
18 7. "Deconstruction and salvage plan" shall mean a plan for how build-
19 ing and deconstruction materials identified in the deconstruction and
20 salvage survey are intended to be deconstructed or salvaged for reuse or
21 recycling, and how much material is intended to be diverted from being
22 taken to a landfill, the specific location to which such material is
23 being diverted, whether such material is being offered for purchase on
24 site through direct sale or pre-deconstruction auction or taken to a
25 storage facility or retail outlet, and whether such storage facility or
26 retail outlet is inside or outside of the state.
27 8. "Demolition" shall mean the partial or complete destroying, tearing
28 down, or wrecking of any building with the primary goal of site clear-
29 ance without regard to the value of building construction, decon-
30 struction, and demolition materials.
31 9. "Director" shall mean the director of planning and development of a
32 municipality or other designee appointed by the elected body of the
33 municipality.
34 10. "Diverted building materials" shall mean building construction,
35 deconstruction or demolition materials that are reused or recycled for
36 use in building construction or renovation.
37 11. "Reclaimed building materials" shall mean materials that have been
38 separated out of the waste stream and recycled, refabricated, reconsti-
39 tuted or integrated into a new product or technology that can be used in
40 building construction or renovation.
41 12. "Reuse" shall mean the process of using a pre-existing component,
42 product or material for a new project or purpose while maintaining the
43 original composition and shape of such component, product or material.
44 13. "Reuse organization" shall mean an organization that actively
45 harvests, accepts, and resells sorted architectural components or
46 reclaimed building materials.
47 14. "Salvage" shall mean the systematic extraction of building materi-
48 als, components, or products which would otherwise be disposed of as
49 waste, such that such materials, components or products may be safely
50 reused, repurposed, or re-installed into buildings which are being
51 constructed, repaired, or remodeled. Salvage shall not include removal
52 of hazardous wastes or materials that would constitute a public health
53 or safety risk if reused.
54 15. "Source separation" shall mean the segregation of recyclable or
55 reusable materials from the solid waste stream at the point of
56 construction, renovation, deconstruction or demolition for separate
A. 8637 4
1 collection, sale, or other disposition, as defined in subdivision nine
2 of section 27-0501 of the environmental conservation law, followed by
3 full disaggregation into materials categories that collectively would be
4 equally reusable and/or recyclable and that would be used together in
5 their future use.
6 § 394. Local deconstruction ordinance. 1. In order for a municipality
7 to be eligible to receive grant funding pursuant to section three
8 hundred ninety-six of this article, a municipality shall conduct a
9 review of building stock within such municipality's local political
10 subdivision and subsequently adopt a local ordinance designed to reduce
11 the amount of building construction, deconstruction and demolition mate-
12 rials going to landfills.
13 2. (a) The results of the review of local building stock conducted by
14 the local political subdivision pursuant to subdivision one of this
15 section shall be used to determine the scope of the local political
16 subdivision's deconstruction ordinance based on the characteristics of
17 buildings within the political subdivision. Characteristics to be
18 considered shall include, but not be limited to, building construction
19 materials, building ownership models such as private or public, the age
20 of buildings, the assessed value of buildings, and building sizes and
21 types such as residential, mixed-use, or commercial.
22 (b) The local political subdivision may also use the results of the
23 review to determine whether and how to phase in the scope of its local
24 ordinance based on one or more building characteristics.
25 (c) The director of planning and development of the local political
26 subdivision or other designee appointed by an elected body of the local
27 political subdivision is authorized to administer the provisions of the
28 local ordinance and adopt rules, procedures, and forms to implement the
29 provisions of such ordinance.
30 (d) Each such local ordinance shall be substantially similar to the
31 following template:
32 1 - Deconstruction & salvage survey and plan
33 (1) No demolition permit for a structure covered under this local
34 ordinance shall be issued unless one of the following conditions is
35 satisfied:
36 a. The demolition or deconstruction project agrees to conduct, prior
37 to beginning any demolition or deconstruction work, a deconstruction and
38 salvage survey and establish a deconstruction and salvage plan, or
39 b. Demolition of the structure has been ordered because the building
40 has been determined to be a dangerous, unsafe or collapsed structure.
41 (2) The deconstruction and salvage survey shall include an inventory
42 by type and estimated weight of all materials that can be reused, recy-
43 cled or otherwise diverted from the landfill.
44 (3) The deconstruction and salvage plan shall include the estimated
45 weight of materials to be generated, describe how materials are to be
46 sorted on site to enable both on site auctions as well as transport to
47 offsite facilities such as recycling centers or deconstructed building
48 materials hubs, name the for-profit, not-for-profit or government entity
49 to which the applicant proposes to transport the materials, name the
50 facility to which the materials will be transported, include expected
51 rate of diversion from the waste stream by material type, and estimated
52 weight of building waste materials to be disposed of at a landfill or
53 landfills.
54 (4) The deconstruction and salvage survey and deconstruction and
55 salvage plan must be completed and included for review as part of the
56 permit application.
A. 8637 5
1 (5) Demonstration of implementation. The permittee shall demonstrate
2 implementation of the approved deconstruction and salvage plan by
3 submitting a report to the director of planning and development of the
4 local political subdivision or other designee appointed by an elected
5 body of the local political subdivision no later than ninety days after
6 the completion of the project. Such report shall include, but not be
7 limited to, the amount of building materials that were diverted from
8 landfills, the name and address of the offsite facility to which the
9 diverted building materials were delivered, the name and contact infor-
10 mation of the deconstruction contractor, as well as price quotes for
11 diverted and reclaimed building materials, processing costs, and land-
12 fill tipping fees associated with the project.
13 2 - On-site source separation requirement
14 Each construction, demolition or deconstruction project must implement
15 source separation of building construction, deconstruction, and demoli-
16 tion materials at the project site.
17 3 - Minimum diversion requirement
18 For each project covered by this local ordinance, the minimum percent-
19 age of building construction, deconstruction, and demolition materials
20 which must be diverted from disposal in a landfill (through salvage for
21 reuse or recycling) shall be:
22 (1) in Phase I (beginning on the effective date of this ordinance, and
23 for 3 years thereafter) - 10% minimum diversion;
24 (2) in Phase II (between 3 and 5 years from the effective date) - 25%
25 minimum diversion;
26 (3) in Phase III (5 years from the effective date and beyond) - 50%
27 minimum diversion.
28 4 - Priority to projects with deconstruction
29 The director of planning and development of the local political subdi-
30 vision or other designee appointed by an elected body of the local poli-
31 tical subdivision shall give priority to permit applications for
32 projects with an approved deconstruction and salvage plan completed by a
33 deconstruction contractor which includes a commitment to deconstruct and
34 meet the current minimum diversion requirement, for purposes of process-
35 ing such application before projects without such a plan. Permit appli-
36 cations for new construction projects on a site where a deconstruction
37 project has occurred that has met the full criteria of the decon-
38 struction ordinance of the political subdivision, if by the same devel-
39 oper who implemented the deconstruction project, shall also be prior-
40 itized over projects where the prior building was not deconstructed in
41 accordance with the local deconstruction ordinance.
42 5 - Lower permit fees for projects with deconstruction
43 Permit fees for projects with an approved deconstruction and salvage
44 plan which includes a commitment to meet the current minimum diversion
45 requirement shall be at least 50% lower than for projects without such a
46 plan.
47 6 - Enforcement
48 (1) The director of planning and development of the local political
49 subdivision or other designee appointed by an elected body of the local
50 political subdivision or their designee shall impose penalties on any
51 responsible party who fails to comply with the requirements of this
52 ordinance or who has misrepresented any material fact in a document or
53 piece of evidence required to be prepared or submitted by this ordi-
54 nance. Violations will be referred to the city attorney or relevant
55 equivalent legal counsel. Penalties may include financial penalties on
56 a permit basis and temporary or permanent removal of a deconstruction
A. 8637 6
1 contractor from the local political subdivision's approved list of
2 contractors.
3 (2) Stop work orders. When necessary to obtain compliance with this
4 ordinance, the director of planning and development of the local poli-
5 tical subdivision or other designee appointed by an elected body of the
6 local political subdivision may issue a stop work order requiring that
7 all work, except work directly related to elimination of the violation,
8 be immediately and completely stopped. If the director issues a stop
9 work order, activity subject to the order may not be resumed until such
10 time as the director gives specific approval in writing. The stop work
11 order will be in writing and posted at a conspicuous location at the
12 site. When an emergency condition exists, a stop work order may be
13 issued orally, followed by a written stop work order. It is unlawful for
14 any person to remove, obscure, mutilate, or otherwise damage a stop work
15 order. Any applicant subject to a stop work order may seek administra-
16 tive review of the order and may appeal the director's administrative
17 determination.
18 (3) Penalty criteria. The municipal attorney or relevant equivalent
19 legal counsel will consider the following criteria in determining the
20 number of penalties or remedies to impose under this ordinance:
21 a. The nature and extent of the applicant's involvement in the
22 violation;
23 b. Whether the applicant was seeking any benefits, economic or other-
24 wise, through the violation;
25 c. Whether other similar prior violations have occurred with that
26 applicant;
27 d. Whether the violation was isolated and temporary, or repeated and
28 continuous;
29 e. The length of time from any prior violations;
30 f. The magnitude and severity of the violation;
31 g. The costs of investigating and remedying the violation;
32 h. Other relevant, applicable evidence bearing on the nature and
33 severity of the violation.
34 (4) Inspections. The director of planning and development of the local
35 political subdivision or other designee appointed by an elected body of
36 the local political subdivision or municipal attorney or relevant equiv-
37 alent legal counsel may conduct inspections whenever necessary to
38 enforce any provisions of this ordinance and to determine compliance
39 with this ordinance or whenever the director has reasonable cause to
40 believe that there exists any violation of this ordinance. If the
41 responsible party is at the site when the inspection is occurring, the
42 director will first present proper credentials to the responsible party
43 and request entry.
44 (5) Appeals. Whenever the responsible party has been given a written
45 notice or order pursuant to this ordinance or has been directed to make
46 any correction, pay a penalty, or perform any act and the responsible
47 party believes that the finding of the notice or order was in error, the
48 responsible party may have the notice or order reviewed by the director
49 of planning and development of the local political subdivision or other
50 designee appointed by an elected body of the local political subdivi-
51 sion.
52 § 395. Reporting requirements. Beginning one year after the awarding
53 of grants pursuant to section three hundred ninety-six of this article,
54 each local political subdivision awarded a grant pursuant to such
55 section of the environmental conservation law shall be required to
56 report to the department annually regarding how many permits for
A. 8637 7
1 projects with deconstruction and salvage plans were issued within such
2 local political subdivision and, for all construction project sites
3 within such local political subdivision's jurisdictional boundaries,
4 summary data on where building construction, deconstruction, and demoli-
5 tion materials were taken when they left such project sites, providing a
6 breakdown by type, quantity and quality of material. Penalties may
7 include financial penalties on a permit basis and temporary or permanent
8 removal of a deconstruction contractor from the local political subdivi-
9 sion's approved list of contractors.
10 § 396. Construction, deconstruction, and demolition waste prevention
11 and reduction grant and technical support program. 1. There is hereby
12 established within the department of state a construction, decon-
13 struction, and demolition waste prevention and reduction grant and tech-
14 nical support program to reduce the generation and disposal of building
15 construction, deconstruction, and demolition waste by promoting the
16 deconstruction, salvage, repurposing, and reuse of previously used,
17 diverted and reclaimed building materials, and to establish a robust
18 statewide deconstruction materials economy. Such funds as may be appro-
19 priated shall be equitably divided across the state's ten regions,
20 including western New York, the finger lakes, the southern tier, central
21 New York, the Mohawk valley, the capital region, mid-Hudson, New York
22 city, Long Island, the north country, and shall be awarded on a compet-
23 itive basis within each region. Awards shall be made with a goal for
24 disadvantaged communities, as defined in section 75-0101 of the environ-
25 mental conservation law and using criteria developed by the climate
26 justice working group established pursuant to section 75-0111 of the
27 environmental conservation law, to receive forty percent of the overall
28 amount awarded. The amount of each grant awarded to a municipality which
29 adopts an ordinance pursuant to section three hundred ninety-four of
30 this article shall be determined according to the quantity of decon-
31 structed building materials each hub has the capacity to divert from
32 landfills and make available for reuse. The secretary of state may, in
33 the first year in which funds are appropriated, make awards to a small
34 number of applicants as a pilot program in order to gather information
35 about program implementation and make improvements to the program before
36 program expansion. The secretary of state shall promulgate such regu-
37 lations as may be necessary to implement this program no later than one
38 year after the effective date of this section.
39 2. Subject to appropriations therefor, funds may be awarded by the
40 secretary of state on a competitive basis to any municipality which
41 adopts an ordinance pursuant to section three hundred ninety-four of
42 this article and which provides for the establishment and operation of a
43 deconstructed building materials hub as defined in section three hundred
44 ninety-three of this article.
45 3. Grants awarded pursuant to this section may be used for costs asso-
46 ciated with:
47 (a) developing and implementing a local deconstruction ordinance;
48 (b) collecting and reporting data required pursuant to section three
49 hundred ninety-five of this article;
50 (c) establishment and/or operation of a deconstructed building materi-
51 als hub, including contracting another entity to build and/or operate
52 such hub;
53 (d) training contractors and laborers in best practices for decon-
54 struction of buildings;
55 (e) planning and/or implementing deconstruction projects;
A. 8637 8
1 (f) remediation activities necessary for deconstruction, including but
2 not limited to lead, asbestos, and other hazardous material remediation.
3 Funds for remediation shall be provided on a matching basis, and the
4 department shall specify: the percentage that will be the state's share,
5 as well as the municipality's share; maximum per-building awards; maxi-
6 mum total project awards; and any other standards, guidelines or rules
7 as may be necessary.
8 4. Technical support for preparing an application for a grant pursuant
9 to this section shall be made available by the department of state to
10 any municipality in the state, regardless of whether such municipality
11 is already a grantee of the program. Information about the grant
12 program as well as resources on construction, deconstruction, and demo-
13 lition waste prevention and reduction shall be made available on the
14 department of state website.
15 § 4. The title heading of title 31 of article 27 of the environmental
16 conservation law, as amended by chapter 29 of the laws of 2021, is
17 amended to read as follows:
18 CONSTRUCTION, DECONSTRUCTION,
19 AND DEMOLITION [DEBRIS] MATERIALS
20 § 5. Section 27-3101 of the environmental conservation law, as amended
21 by chapter 29 of the laws of 2021, is amended to read as follows:
22 § 27-3101. Waste tracking documents.
23 1. All generators in a city with a population of one million or more
24 that generate construction, deconstruction, and demolition [debris]
25 materials, as defined in section 71-2702 of this chapter, shall provide
26 waste transporters with a waste tracking document for each construction,
27 deconstruction, and demolition [debris] materials shipment, in a form
28 prescribed or approved by the department, specifying the quantity and
29 type of construction, deconstruction, and demolition [debris] materials,
30 and signed and dated by an authorized representative of the generator
31 and with a certification in a form prescribed by the department, which
32 shall contain a certification by the generator that the information
33 therein is true, accurate and complete.
34 2. All transporters of construction, deconstruction, and demolition
35 [debris] materials generated in a city with a population of one million
36 or more shall:
37 (a) not accept a shipment of [debris] construction, deconstruction,
38 and demolition materials that does not match the quantity or type listed
39 on the [debris] construction, deconstruction, and demolition materials
40 tracking document;
41 (b) have the [debris] construction, deconstruction, and demolition
42 materials tracking document signed by the receiving location or facility
43 upon delivery of the [solid debris] materials and provide a copy of the
44 tracking document to the receiving location or facility.
45 3. Failure to maintain such tracking documents is a class A misdemea-
46 nor.
47 § 6. Paragraph (a) of subdivision 15 of section 71-2702 of the envi-
48 ronmental conservation law, as amended by chapter 29 of the laws of
49 2021, is amended to read as follows:
50 (a) "construction, deconstruction, and demolition [debris] materials"
51 shall mean [waste] materials resulting from construction, remodeling,
52 repair, deconstruction, and demolition of structures, buildings and
53 roads, including but not limited to excavated material. Construction,
54 deconstruction, and demolition [debris] materials shall not include,
55 even if generated from construction, remodeling, repair, deconstruction,
56 and demolition activities, municipal solid waste and such other materi-
A. 8637 9
1 als that may be listed for exclusion from this definition pursuant to
2 regulations promulgated by the department.
3 § 7. Section 71-2712 of the environmental conservation law, as amended
4 by chapter 26 of the laws of 1998, subdivision 4 as amended by chapter
5 332 of the laws of 2020, and subdivision 5 as amended by chapter 29 of
6 the laws of 2021, is amended to read as follows:
7 § 71-2712. Endangering public health, safety or the environment in the
8 third degree.
9 A person is guilty of endangering public health, safety or the envi-
10 ronment in the third degree when:
11 1. [He] Such person recklessly engages in conduct which causes the
12 release of a substance acutely hazardous to public health, safety or the
13 environment; or
14 2. [He] Such person recklessly engages in conduct which causes the
15 release of more than two hundred gallons or two thousand pounds, which-
16 ever is less, of an aggregate weight or volume of a substance hazardous
17 to public health, safety or the environment; or
18 3. [He] Such person recklessly engages in conduct which causes the
19 release of more than one hundred gallons or one thousand pounds, which-
20 ever is less, of an aggregate weight or volume of a substance hazardous
21 to public health, safety or the environment and such release creates a
22 substantial risk of physical injury to any person who is not a partic-
23 ipant in the crime; or
24 4. [He or she] Such person knowingly engages in conduct which causes
25 the release of more than one hundred gallons or one thousand pounds,
26 whichever is less, of an aggregate weight or volume of a substance
27 hazardous to public health, safety or the environment; or
28 5. With intent to dispose of construction, deconstruction, and demoli-
29 tion [debris] materials, [he or she] such person intentionally engages
30 in conduct that causes the unlawful disposal or release of either ten
31 cubic yards or more, or twenty thousand pounds or more, of construction,
32 deconstruction, and demolition [debris] materials, as defined in section
33 71-2702 of this title.
34 Endangering public health, safety or the environment in the third
35 degree is a class E felony.
36 § 8. Section 71-2713 of the environmental conservation law, as amended
37 by chapter 26 of the laws of 1998, subdivision 6 as amended by chapter
38 332 of the laws of 2020, and subdivisions 7, 8 and 9 as amended by chap-
39 ter 29 of the laws of 2021, is amended to read as follows:
40 § 71-2713. Endangering public health, safety or the environment in the
41 second degree.
42 A person is guilty of endangering public health, safety or the envi-
43 ronment in the second degree when:
44 1. [He] Such person knowingly engages in conduct which causes the
45 release of a substance hazardous to public health, safety or the envi-
46 ronment and such release causes physical injury to any person who is not
47 a participant in the crime; or
48 2. [He] Such person knowingly engages in conduct which causes the
49 release of a substance acutely hazardous to public health, safety or the
50 environment or the release of a substance which at the time of the
51 conduct [he] such person knows to meet any of the criteria set forth in
52 paragraph (b) of subdivision one of section 37-0103 of this chapter; or
53 3. [He] Such person knowingly engages in conduct which causes the
54 release of more than one thousand five hundred gallons or fifteen thou-
55 sand pounds, whichever is less, of an aggregate weight or volume of a
56 substance hazardous to public health, safety or the environment; or
A. 8637 10
1 4. [He] Such person recklessly engages in conduct which causes the
2 release of a substance acutely hazardous to public health, safety or the
3 environment and such release causes physical injury to any person who is
4 not a participant in the crime; or
5 5. [He] Such person knowingly engages in conduct which causes the
6 release of more than one hundred gallons or one thousand pounds, which-
7 ever is less, of an aggregate weight or volume of a substance hazardous
8 to public health, safety or the environment and such substance enters
9 water; or
10 6. [He or she] Such person knowingly or recklessly engages in conduct
11 which causes the release of a substance hazardous to public health,
12 safety or the environment and such substance enters a primary water
13 supply; or
14 7. With intent to dispose of construction, deconstruction, and demoli-
15 tion [debris, he or she] materials, such person intentionally engages in
16 conduct that causes the unlawful disposal or release of either seventy
17 cubic yards or more, or one hundred forty thousand pounds or more, of
18 construction, deconstruction, and demolition [debris] materials, as
19 defined in section 71-2702 of this title; or
20 8. With intent to dispose of a hazardous substance on the property of
21 another [he or she] such person intentionally engages in conduct that
22 causes the unlawful disposal or release of a hazardous substance; or
23 9. [He or she] Such person recklessly disposes of any acutely hazard-
24 ous substance on any property.
25 Endangering public health, safety or the environment in the second
26 degree is a class D felony.
27 § 9. Subdivision 9 of section 27-0501 of the environmental conserva-
28 tion law, as added by chapter 552 of the laws of 1980, is amended to
29 read as follows:
30 9. "Source separation" means the segregation of recyclable or reusable
31 materials from the solid waste stream at the point of generation for
32 separate collection, sale or other disposition.
33 § 10. The labor law is amended by adding a new article 35-A to read as
34 follows:
35 ARTICLE 35-A
36 DECONSTRUCTION CONTRACTOR CERTIFICATION
37 Section 1010. Legislative findings and declaration.
38 1011. Definitions.
39 1012. Certification program.
40 1013. Certification procedure.
41 § 1010. Legislative findings and declaration. The legislature finds
42 that the deconstruction and salvage of valuable building construction
43 and demolition materials is an important, sustainable waste management
44 practice which, when combined with source separation of building
45 construction, deconstruction, and demolition materials, has the poten-
46 tial to significantly reduce the production of construction waste rapid-
47 ly filling New York state's landfills. To implement deconstruction
48 effectively, projects must be able to retain qualified deconstruction
49 contractors. The lack of skilled deconstruction contractors is a barrier
50 to increasing the practice of deconstruction rather than demolition. The
51 purpose of this article is to help establish a robust and well qualified
52 deconstruction workforce to increase the practice of deconstruction,
53 thereby increasing the diversion of otherwise valuable building
54 construction, deconstruction, and demolition materials which would
55 otherwise go into landfills and reducing carbon emissions associated
56 with manufacturing new building materials.
A. 8637 11
1 § 1011. Definitions. For purposes of this article:
2 1. "Building construction, deconstruction, and demolition materials"
3 shall mean construction, deconstruction, and demolition materials as
4 defined in paragraph (a) of subdivision fifteen of section 71-2702 of
5 the environmental conservation law which result from construction,
6 remodeling, repair, deconstruction or demolition of buildings.
7 2. "Deconstruction" shall mean the systematic dismantling of a build-
8 ing either as a whole or in part, to maximize the salvage of valuable
9 materials and architectural components for reuse, resale, or recycling.
10 3. "Source separation" shall mean the segregation of recyclable or
11 reusable materials from the solid waste stream at the point of gener-
12 ation for separate collection, sale, or other disposition, followed by
13 full disaggregation into materials categories that collectively would be
14 equally reusable and/or recyclable and that would be used together in
15 their future use.
16 § 1012. Certification program. 1. The department shall promulgate
17 rules and regulations for the establishment of a certification program
18 for deconstruction contractors which shall provide education, training
19 and certification for deconstruction contractors in sustainable building
20 and waste management practices, including deconstruction and source
21 separation of building construction, deconstruction, and demolition
22 materials.
23 2. Such certification program shall:
24 a. establish training competencies in deconstruction of the full range
25 of building types, including completing a deconstruction and salvage
26 survey, a deconstruction and salvage plan, and proper building
27 construction, deconstruction, and demolition material collection, source
28 separation, cleaning, processing, transporting, and storage of diverted
29 and reclaimed building construction, deconstruction, and demolition
30 materials as defined in section three hundred ninety-three of the execu-
31 tive law, to maximize the useful life of such materials;
32 b. outline training criteria to establish competency in performing the
33 different types of deconstruction, including but not limited to soft-
34 stripping, hybrid, and full deconstruction; and
35 c. establish guidelines and responsibilities for training and oversee-
36 ing workforce for competency, efficiency and safety, including the iden-
37 tification of buildings eligible for deconstruction and properly handl-
38 ing building construction, deconstruction, and demolition materials
39 containing asbestos, lead and flame retardants and any materials listed
40 as hazardous waste pursuant to section 27-0903 of the environmental
41 conservation law.
42 § 1013. Certification procedure. 1. To be eligible for certification,
43 deconstruction contractors shall successfully complete the training
44 program developed pursuant to section one thousand twelve of this arti-
45 cle or another deconstruction contractor certification program recog-
46 nized by the department, as determined by the commissioner.
47 2. All applications for deconstruction contractor certificates shall
48 be submitted electronically on forms furnished by the commissioner and
49 shall contain such information which the commissioner may require.
50 § 11. This act shall take effect immediately.
