STATE OF NEW YORK
________________________________________________________________________
890
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
unlawful disposing of construction and demolition debris
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 15 of section 71-2702 of the environmental
2 conservation law, as added by a chapter of the laws of 2020 amending the
3 environmental conservation law relating to the disposal of construction
4 and demolition waste and amending the penal law relating to creating the
5 crime of scheme to defraud by disposal of solid waste, as proposed in
6 legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
7 as follows:
8 15. For the purposes of section 27-3101 of this chapter and subdivi-
9 sion five of section 71-2712, subdivisions seven, eight and nine of
10 section 71-2713 and subdivision three of section 71-2714 of this title:
11 (a) ["property of another" shall include all property in which another
12 person has an ownership interest, whether or not a person who disposes
13 on such property, or any other person, may also have an interest in such
14 property; and
15 (b) "construction and demolition waste" shall mean waste resulting
16 from the alteration, construction, destruction, rehabilitation, or
17 repair of any man-made structure, including houses, buildings, indus-
18 trial or commercial facilities and roadways and restricted or limited
19 use fill and shall not include municipal solid waste.] "construction and
20 demolition debris" shall mean waste resulting from construction, remod-
21 eling, repair and demolition of structures, buildings and roads, includ-
22 ing but not limited to excavated material. Construction and demolition
23 debris shall not include, even if generated from construction, remodel-
24 ing, repair and demolition activities, municipal solid waste and such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07182-01-1
S. 890 2
1 other materials that may be listed for exclusion from this definition
2 pursuant to regulations promulgated by the department.
3 (b) "excavated material" means excess soil, rock, fill, or other mate-
4 rial excavated during construction or maintenance activities. "Fill"
5 shall include soil or other granular, compactible material that is
6 authorized for use pursuant to regulations promulgated by the depart-
7 ment.
8 § 2. Subdivision 5 of section 71-2712 of the environmental conserva-
9 tion law, as added by a chapter of the laws of 2020 amending the envi-
10 ronmental conservation law relating to the disposal of construction and
11 demolition waste and amending the penal law relating to creating the
12 crime of scheme to defraud by disposal of solid waste, as proposed in
13 legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
14 as follows:
15 5. With intent to dispose of construction and demolition [waste on the
16 property of another and having no right to do so nor any reasonable
17 grounds to believe he or she has such right, he or she unlawfully
18 disposes] debris, he or she intentionally engages in conduct that causes
19 the unlawful disposal or release of either ten cubic yards or more, or
20 twenty thousand pounds or more, of construction and demolition [waste]
21 debris, as defined in section 71-2702 of this title[, on such property].
22 § 3. Subdivisions 7, 8 and 9 of section 71-2713 of the environmental
23 conservation law, as added by a chapter of the laws of 2020 amending the
24 environmental conservation law relating to the disposal of construction
25 and demolition waste and amending the penal law relating to creating the
26 crime of scheme to defraud by disposal of solid waste, as proposed in
27 legislative bills numbers S. 6758-B and A. 10803-A, are amended to read
28 as follows:
29 7. With intent to dispose of construction and demolition [waste on the
30 property of another and having no right to do so nor any reasonable
31 grounds to believe he or she has such right] debris, he or she [unlaw-
32 fully disposes] intentionally engages in conduct that causes the unlaw-
33 ful disposal or release of either seventy cubic yards or more, or one
34 hundred forty thousand pounds or more, of construction and demolition
35 [waste] debris, as defined in section 71-2702 of this title[, on such
36 property]; or
37 8. With intent to dispose of a hazardous substance on the property of
38 another [and having no right to do so nor any reasonable grounds to
39 believe he or she has such right, he or she unlawfully disposes] he or
40 she intentionally engages in conduct that causes the unlawful disposal
41 or release of a hazardous substance; or
42 9. He or she recklessly disposes of any acutely hazardous substance on
43 [the] any property [of another].
44 § 4. Subdivision 3 of section 71-2714 of the environmental conserva-
45 tion law, as added by a chapter of the laws of 2020 amending the envi-
46 ronmental conservation law relating to the disposal of construction and
47 demolition waste and amending the penal law relating to creating the
48 crime of scheme to defraud by disposal of solid waste, as proposed in
49 legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
50 as follows:
51 3. With intent to dispose of an acutely hazardous substance [on the
52 property of another and having no right to do so nor any reasonable
53 grounds to believe he or she has such right], he or she [unlawfully
54 disposes] intentionally engages in conduct that causes the unlawful
55 disposal or release of an acutely hazardous substance on [such] any
56 property.
S. 890 3
1 § 5. The title heading of title 31 of article 27 of the environmental
2 conservation law, as added by a chapter of the laws of 2020 amending the
3 environmental conservation law relating to the disposal of construction
4 and demolition waste and amending the penal law relating to creating the
5 crime of scheme to defraud by disposal of solid waste, as proposed in
6 legislative bills numbers S. 6758-B and A. 10803-A, is amended to read
7 as follows:
8 CONSTRUCTION AND DEMOLITION [WASTE] DEBRIS
9 § 6. Section 27-3101 of the environmental conservation law, as added
10 by a chapter of the laws of 2020 amending the environmental conservation
11 law relating to the disposal of construction and demolition waste and
12 amending the penal law relating to creating the crime of scheme to
13 defraud by disposal of solid waste, as proposed in legislative bills
14 numbers S. 6758-B and A. 10803-A, is amended to read as follows:
15 § 27-3101. Waste tracking documents.
16 1. All generators in a city with a population of one million or more
17 that generate construction and demolition [waste] debris, as defined in
18 section 71-2702 of this chapter, shall provide waste transporters with a
19 waste tracking document for each construction and demolition [waste]
20 debris shipment, in a form prescribed or approved by the department,
21 specifying the quantity and type of construction and demolition [waste]
22 debris, and signed and dated by an authorized representative of the
23 generator and with a certification in a form prescribed by the depart-
24 ment, which shall contain a certification by the generator that the
25 information therein is true, accurate and complete. [The waste tracking
26 documentation shall state: "I certify, under penalty of law, that the
27 information provided in this waste tracking document has been prepared
28 under my direction and supervision and further certify that the informa-
29 tion contained herein is true and accurate. I am aware that any false
30 statement made on this form is punishable pursuant to section 210.45 of
31 the Penal Law."]
32 2. All transporters of construction and demolition [waste] debris
33 generated in a city with a population of one million or more shall:
34 (a) not accept a shipment of [waste] debris that does not match the
35 quantity or type listed on the [waste] debris tracking document;
36 (b) have the [waste] debris tracking document signed by the receiving
37 location or facility upon delivery of the solid [waste] debris and
38 provide a copy of the tracking document to the receiving location or
39 facility.
40 3. Failure to maintain such tracking documents is a class A misdemea-
41 nor.
42 § 7. This act shall take effect on the same date and in the same
43 manner as a chapter of the laws of 2020 amending the environmental
44 conservation law relating to the disposal of construction and demolition
45 waste and amending the penal law relating to creating the crime of
46 scheme to defraud by disposal of solid waste, as proposed in legislative
47 bills numbers S. 6758-B and A. 10803-A, takes effect.