Bill Text: NY A01761 | 2019-2020 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in environmental conservation [A01761 Detail]

Download: New_York-2019-A01761-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1761
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. BARCLAY,
          GOODELL  --  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.
    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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02073-01-9
        A. 1761                             2
     1  and branches from trees, vines, lawn and garden debris, furniture, wood,
     2  and sawdust.
     3    §  2. This act shall take effect immediately and shall expire December
     4  15, 2023 when upon such date the provisions of this act shall be  deemed
     5  repealed.