New York State Assembly

 
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A10803 Summary:

A10803 Actions:

A10803 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:07/14/2020AYE/NAY:27/0  Action: Favorable refer to committee Codes        
Englebright
Aye
Stec
Aye
Glick
Aye
Palumbo
Aye
Colton
Excused
Miller ML
Aye
Cymbrowitz
Aye
Miller B 
Aye
Lifton
Aye
Tague
Aye
O'Donnell
Aye
LiPetri
Aye
Gunther
Aye
Smullen
Aye
Jaffee
Aye
Crouch
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Burke
Aye
Griffin
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:07/17/2020AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Reilly
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

Committee:RULES   Chair:Heastie      
DATE:07/22/2020AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Aye
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Excused
Cook
Excused
Norris
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Excused
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A10803 Floor Votes:

A10803 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10803--A
 
                   IN ASSEMBLY
 
                                      July 11, 2020
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright,
          Stern,  Ramos, Griffin, D'Urso, Otis) -- read once and referred to the
          Committee on Environmental Conservation -- reported  and  referred  to
          the  Committee on Rules -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the environmental conservation law, in relation  to  the
          disposal  of construction and demolition waste; and to amend the penal
          law, in relation to  creating  the  crime  of  scheme  to  defraud  by
          disposal of solid waste
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 71-2702 of the environmental  conservation  law  is
     2  amended by adding a new subdivision 15 to read as follows:
     3    15.  For  the purposes of section 27-3101 of this chapter and subdivi-
     4  sion five of section 71-2712, subdivisions  seven,  eight  and  nine  of
     5  section 71-2713 and subdivision three of section 71-2714 of this title:
     6    (a)  "property of another" shall include all property in which another
     7  person has an ownership interest, whether or not a person  who  disposes
     8  on such property, or any other person, may also have an interest in such
     9  property; and
    10    (b)  "construction  and  demolition  waste" shall mean waste resulting
    11  from  the  alteration,  construction,  destruction,  rehabilitation,  or
    12  repair  of  any  man-made structure, including houses, buildings, indus-
    13  trial or commercial facilities and roadways and  restricted  or  limited
    14  use fill and shall not include municipal solid waste.
    15    §  2.  Subdivision 4 of section 71-2712 of the environmental conserva-
    16  tion law, as amended by chapter 26 of the laws of 1998, is amended and a
    17  new subdivision 5 is added to read as follows:
    18    4. He or she knowingly engages in conduct which causes the release  of
    19  more than one hundred gallons or one thousand pounds, whichever is less,
    20  of  an  aggregate  weight  or  volume of a substance hazardous to public
    21  health, safety or the environment[.]; or
    22    5. With intent to dispose of construction and demolition waste on  the
    23  property  of  another  and  having  no right to do so nor any reasonable
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16927-06-0
        A. 10803--A                         2
 
     1  grounds to believe he or she  has  such  right,  he  or  she  unlawfully
     2  disposes of either ten cubic yards or more, or twenty thousand pounds or
     3  more,  of  construction  and  demolition  waste,  as  defined in section
     4  71-2702 of this title, on such property.
     5    §  3.  Subdivision 6 of section 71-2713 of the environmental conserva-
     6  tion law, as amended by chapter 26 of the laws of 1998, is  amended  and
     7  three new subdivisions 7, 8 and 9 are added to read as follows:
     8    6.  He  or she knowingly or recklessly engages in conduct which causes
     9  the release of a substance hazardous to public  health,  safety  or  the
    10  environment and such substance enters a primary water supply[.]; or
    11    7.  With intent to dispose of construction and demolition waste on the
    12  property of another and having no right to  do  so  nor  any  reasonable
    13  grounds  to  believe  he  or  she  has  such right, he or she unlawfully
    14  disposes of either seventy cubic yards or more,  or  one  hundred  forty
    15  thousand  pounds  or  more,  of  construction  and  demolition waste, as
    16  defined in section 71-2702 of this title, on such property; or
    17    8. With intent to dispose of a hazardous substance on the property  of
    18  another  and  having  no  right  to  do so nor any reasonable grounds to
    19  believe he or she has such right, he or she  unlawfully  disposes  of  a
    20  hazardous substance; or
    21    9. He or she recklessly disposes of any acutely hazardous substance on
    22  the property of another.
    23    §  4.  Subdivision 2 of section 71-2714 of the environmental conserva-
    24  tion law, as amended by chapter 26 of the laws of 1998, is amended and a
    25  new subdivision 3 is added to read as follows:
    26    2. He or she knowingly engages in conduct which causes the release  of
    27  a  substance  acutely hazardous to public health, safety or the environ-
    28  ment or the release of a substance which at the time of the  conduct  he
    29  or  she  knows to meet any of the criteria set forth in paragraph (b) of
    30  subdivision one of section 37-0103 of  this  chapter  and  such  release
    31  causes  physical  injury  to  any person who is not a participant in the
    32  crime[.];
    33    3. With intent to dispose of an acutely  hazardous  substance  on  the
    34  property  of  another  and  having  no right to do so nor any reasonable
    35  grounds to believe he or she  has  such  right,  he  or  she  unlawfully
    36  disposes of an acutely hazardous substance on such property.
    37    §  5.   Article 27 of the environmental conservation law is amended by
    38  adding a new title 31 to read as follows:
    39                                  TITLE 31
    40                      CONSTRUCTION AND DEMOLITION WASTE
    41  Section 27-3101. Waste tracking documents.
    42  §  27-3101. Waste tracking documents.
    43    1. All generators in a city with a population of one million  or  more
    44  that  generate  construction and demolition waste, as defined in section
    45  71-2702 of this chapter, shall provide waste transporters with  a  waste
    46  tracking  document  for each construction and demolition waste shipment,
    47  in a form prescribed or approved by the department, specifying the quan-
    48  tity and type of construction and demolition waste, and signed and dated
    49  by an authorized representative of the  generator.  The  waste  tracking
    50  documentation  shall  state:  "I certify, under penalty of law, that the
    51  information provided in this waste tracking document has  been  prepared
    52  under my direction and supervision and further certify that the informa-
    53  tion  contained  herein  is true and accurate. I am aware that any false
    54  statement made on this form is punishable pursuant to section 210.45  of
    55  the Penal Law."
        A. 10803--A                         3
 
     1    2.  All transporters of construction and demolition waste generated in
     2  a city with a population of one million or more shall:
     3    (a) not accept a shipment of waste that does not match the quantity or
     4  type listed on the waste tracking document;
     5    (b)  have the waste tracking document signed by the receiving location
     6  or facility upon delivery of the solid waste and provide a copy  of  the
     7  tracking document to the receiving location or facility.
     8    3.  Failure to maintain such tracking documents is a class A misdemea-
     9  nor.
    10    § 6. Section 190.65 of the penal law, as amended by chapter 291 of the
    11  laws  of 2008, is amended to read as follows:
    12  § 190.65 Scheme to defraud in the first degree.
    13    1. A person is guilty of a scheme to defraud in the first degree  when
    14  he  or  she:  (a)  engages in a scheme constituting a systematic ongoing
    15  course of conduct with intent to defraud  ten  or  more  persons  or  to
    16  obtain  property  from  ten  or  more  persons  by  false  or fraudulent
    17  pretenses, representations or promises, and so obtains property from one
    18  or more of such persons; or (b)  engages  in  a  scheme  constituting  a
    19  systematic  ongoing  course  of conduct with intent to defraud more than
    20  one person or to obtain property from more than one person by  false  or
    21  fraudulent  pretenses, representations or promises, and so obtains prop-
    22  erty with a value in excess of one thousand dollars  from  one  or  more
    23  such persons; or (c) engages in a scheme constituting a systematic ongo-
    24  ing  course of conduct with intent to defraud more than one person, more
    25  than one of whom is a vulnerable elderly person as defined  in  subdivi-
    26  sion three of section [260.30] 260.31 of this chapter or to obtain prop-
    27  erty  from  more  than one person, more than one of whom is a vulnerable
    28  elderly person as defined  in  subdivision  three  of  section  [260.30]
    29  260.31  of  this  chapter, by false or fraudulent pretenses, representa-
    30  tions or promises, and  so  obtains  property  from  one  or  more  such
    31  persons;  or (d) engages in a systematic ongoing course of conduct, with
    32  intent to defraud more than one person by false or fraudulent pretenses,
    33  representations or promises, by disposing of solid waste as  defined  in
    34  section  27-0701  of the environmental conservation law on such persons'
    35  property, and so damages the property of one or more of such persons  in
    36  an amount in excess of one thousand dollars.
    37    2.  In  any  prosecution  under this section, it shall be necessary to
    38  prove the identity of at least one person from  whom  the  defendant  so
    39  obtained  property,  but it shall not be necessary to prove the identity
    40  of any other intended victim, provided that  in  any  prosecution  under
    41  paragraph  (c) of subdivision one of this section, it shall be necessary
    42  to prove the identity of at least one such vulnerable elderly person  as
    43  defined in subdivision three of section [260.30] 260.31 of this chapter.
    44    3.  In  any prosecution under paragraph (d) of subdivision one of this
    45  section, it shall be necessary to prove the identity  of  at  least  one
    46  person  on  whose  property the defendant fraudulently disposed of solid
    47  waste pursuant to such paragraph (d), but it shall not be  necessary  to
    48  prove the identity of any other victim or intended victim.
    49    Scheme to defraud in the first degree is a class E felony.
    50    §  7. This act shall take effect on the first of January next succeed-
    51  ing the date on which it shall have become a law. Effective  immediately
    52  any  rules and regulations necessary to implement the provisions of this
    53  act on its effective date are authorized to be made and completed on  or
    54  before such date.