Amd 71-2702, 71-2712, 71-2713 & 71-2714, add Art 27 Title 31 27-3101, En Con L; amd 190.65, Pen L
Relates to the disposal of construction and demolition waste; provides penalties for the unlawful disposal and dealing in construction and demolition wastes; requires waste tracking documents for the disposal of construction and demolition waste; creates the crime of scheme to defraud by disposal of solid waste.
STATE OF NEW YORK
________________________________________________________________________
6758--B
2019-2020 Regular Sessions
IN SENATE
October 2, 2019
___________
Introduced by Sens. KAMINSKY, BROOKS, GAUGHRAN, KAPLAN, MARTINEZ,
THOMAS, BOYLE, BAILEY, BIAGGI, COMRIE, SKOUFIS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- recommitted to the Committee on Codes in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10865-07-0
S. 6758--B 2
1 § 2. Subdivision 4 of section 71-2712 of the environmental conserva-
2 tion law, as amended by chapter 26 of the laws of 1998, is amended and a
3 new subdivision 5 is added to read as follows:
4 4. He or she knowingly engages in conduct which causes the release of
5 more than one hundred gallons or one thousand pounds, whichever is less,
6 of an aggregate weight or volume of a substance hazardous to public
7 health, safety or the environment[.]; or
8 5. With intent to dispose of construction and demolition waste on the
9 property of another and having no right to do so nor any reasonable
10 grounds to believe he or she has such right, he or she unlawfully
11 disposes of either ten cubic yards or more, or twenty thousand pounds or
12 more, of construction and demolition waste, as defined in section
13 71-2702 of this title, on such property.
14 § 3. Subdivision 6 of section 71-2713 of the environmental conserva-
15 tion law, as amended by chapter 26 of the laws of 1998, is amended and
16 three new subdivisions 7, 8 and 9 are added to read as follows:
17 6. He or she knowingly or recklessly engages in conduct which causes
18 the release of a substance hazardous to public health, safety or the
19 environment and such substance enters a primary water supply[.]; or
20 7. With intent to dispose of construction and demolition waste on the
21 property of another and having no right to do so nor any reasonable
22 grounds to believe he or she has such right, he or she unlawfully
23 disposes of either seventy cubic yards or more, or one hundred forty
24 thousand pounds or more, of construction and demolition waste, as
25 defined in section 71-2702 of this title, on such property; or
26 8. With intent to dispose of a hazardous substance on the property of
27 another and having no right to do so nor any reasonable grounds to
28 believe he or she has such right, he or she unlawfully disposes of a
29 hazardous substance; or
30 9. He or she recklessly disposes of any acutely hazardous substance on
31 the property of another.
32 § 4. Subdivision 2 of section 71-2714 of the environmental conserva-
33 tion law, as amended by chapter 26 of the laws of 1998, is amended and a
34 new subdivision 3 is added to read as follows:
35 2. He or she knowingly engages in conduct which causes the release of
36 a substance acutely hazardous to public health, safety or the environ-
37 ment or the release of a substance which at the time of the conduct he
38 or she knows to meet any of the criteria set forth in paragraph (b) of
39 subdivision one of section 37-0103 of this chapter and such release
40 causes physical injury to any person who is not a participant in the
41 crime[.];
42 3. With intent to dispose of an acutely hazardous substance on the
43 property of another and having no right to do so nor any reasonable
44 grounds to believe he or she has such right, he or she unlawfully
45 disposes of an acutely hazardous substance on such property.
46 § 5. Article 27 of the environmental conservation law is amended by
47 adding a new title 31 to read as follows:
48 TITLE 31
49 CONSTRUCTION AND DEMOLITION WASTE
50 Section 27-3101. Waste tracking documents.
51 § 27-3101. Waste tracking documents.
52 1. All generators in a city with a population of one million or more
53 that generate construction and demolition waste, as defined in section
54 71-2702 of this chapter, shall provide waste transporters with a waste
55 tracking document for each construction and demolition waste shipment,
56 in a form prescribed or approved by the department, specifying the quan-
S. 6758--B 3
1 tity and type of construction and demolition waste, and signed and dated
2 by an authorized representative of the generator. The waste tracking
3 documentation shall state: "I certify, under penalty of law, that the
4 information provided in this waste tracking document has been prepared
5 under my direction and supervision and further certify that the informa-
6 tion contained herein is true and accurate. I am aware that any false
7 statement made on this form is punishable pursuant to section 210.45 of
8 the Penal Law."
9 2. All transporters of construction and demolition waste generated in
10 a city with a population of one million or more shall:
11 (a) not accept a shipment of waste that does not match the quantity or
12 type listed on the waste tracking document;
13 (b) have the waste tracking document signed by the receiving location
14 or facility upon delivery of the solid waste and provide a copy of the
15 tracking document to the receiving location or facility.
16 3. Failure to maintain such tracking documents is a class A misdemea-
17 nor.
18 § 6. Section 190.65 of the penal law, as amended by chapter 291 of the
19 laws of 2008, is amended to read as follows:
20 § 190.65 Scheme to defraud in the first degree.
21 1. A person is guilty of a scheme to defraud in the first degree when
22 he or she: (a) engages in a scheme constituting a systematic ongoing
23 course of conduct with intent to defraud ten or more persons or to
24 obtain property from ten or more persons by false or fraudulent
25 pretenses, representations or promises, and so obtains property from one
26 or more of such persons; or (b) engages in a scheme constituting a
27 systematic ongoing course of conduct with intent to defraud more than
28 one person or to obtain property from more than one person by false or
29 fraudulent pretenses, representations or promises, and so obtains prop-
30 erty with a value in excess of one thousand dollars from one or more
31 such persons; or (c) engages in a scheme constituting a systematic ongo-
32 ing course of conduct with intent to defraud more than one person, more
33 than one of whom is a vulnerable elderly person as defined in subdivi-
34 sion three of section [260.30] 260.31 of this chapter or to obtain prop-
35 erty from more than one person, more than one of whom is a vulnerable
36 elderly person as defined in subdivision three of section [260.30]
37 260.31 of this chapter, by false or fraudulent pretenses, representa-
38 tions or promises, and so obtains property from one or more such
39 persons; or (d) engages in a systematic ongoing course of conduct, with
40 intent to defraud more than one person by false or fraudulent pretenses,
41 representations or promises, by disposing of solid waste as defined in
42 section 27-0701 of the environmental conservation law on such persons'
43 property, and so damages the property of one or more of such persons in
44 an amount in excess of one thousand dollars.
45 2. In any prosecution under this section, it shall be necessary to
46 prove the identity of at least one person from whom the defendant so
47 obtained property, but it shall not be necessary to prove the identity
48 of any other intended victim, provided that in any prosecution under
49 paragraph (c) of subdivision one of this section, it shall be necessary
50 to prove the identity of at least one such vulnerable elderly person as
51 defined in subdivision three of section [260.30] 260.31 of this chapter.
52 3. In any prosecution under paragraph (d) of subdivision one of this
53 section, it shall be necessary to prove the identity of at least one
54 person on whose property the defendant fraudulently disposed of solid
55 waste pursuant to such paragraph (d), but it shall not be necessary to
56 prove the identity of any other victim or intended victim.
S. 6758--B 4
1 Scheme to defraud in the first degree is a class E felony.
2 § 7. This act shall take effect on the first of January next succeed-
3 ing the date on which it shall have become a law. Effective immediately
4 any rules and regulations necessary to implement the provisions of this
5 act on its effective date are authorized to be made and completed on or
6 before such date.
