STATE OF NEW YORK ________________________________________________________________________ 3203 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. COLTON, DINOWITZ, PERRY, ENGLEBRIGHT, L. ROSEN- THAL, CARROLL, OTIS, SEAWRIGHT, D'URSO, ORTIZ, WILLIAMS, MOSLEY, SIMON, BARRON, RIVERA, SOLAGES, COOK, RAIA, BLAKE, GOTTFRIED -- Multi-Sponsored by -- M. of A. GLICK, HYNDMAN, LUPARDO, WRIGHT -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the general city law, in relation to requiring contrac- tors in certain cities to recycle construction and demolition site waste The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The purpose of this act is to signif- 2 icantly reduce the amount of waste produced by construction and demoli- 3 tion activities in cities having populations of one million or more. 4 There are many opportunities to reduce or recycle materials from 5 construction and demolition, including metals, cardboard, drywall, 6 glass, wood and asphalt. This act is consistent with the goals of large 7 cities' solid waste management plans, complementing other recycling and 8 recovery programs currently in effect. 9 § 2. The general city law is amended by adding a new section 23-a to 10 read as follows: 11 § 23-a. Construction and demolition site waste recycling; certain 12 cities. 1. Definitions. As used in this section: 13 a. "Contractor" means a general contractor and shall also include any 14 subcontractor engaged in the demolition or wrecking of a structure for 15 which a permit is required. 16 b. "Construction and demolition debris" shall include, but not be 17 limited to, metals, cardboard, drywall, glass, wood, concrete, brick and 18 asphalt, but shall not include any material that is contaminated by 19 lead, asbestos or any other hazardous material such that recycling ther- 20 eof would be illegal or unfeasible. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03752-01-9A. 3203 2 1 c. "Recycler" means a recycling facility, transfer station or other 2 solid waste management facility permitted pursuant to the environmental 3 conservation law. 4 d. "Reuse" means (i) the on-site use of reprocessed construction and 5 demolition debris if the use of such debris is authorized by the city 6 department of buildings; and (ii) the off-site redistribution of a mate- 7 rial which would otherwise be disposed of, for use in the same or simi- 8 lar form as it was produced. 9 2. Applicability. a. The provisions of this section shall apply only 10 in cities having a population of one million or more. 11 b. Contractors shall recycle or reuse construction and demolition 12 debris produced on site as part of construction or demolition activities 13 by meeting the following requirements: 14 (1) on a project that is issued a permit with an application date 15 within one year of the effective date of this section, the contractor 16 shall cause to be recycled or reused at least twenty-five percent of the 17 construction and demolition debris, as measured by weight, produced on 18 site. 19 (2) on a project that is issued a permit with an application date a 20 year or more after the effective date of this section, the contractor 21 shall cause to be recycled or reused at least fifty percent of the 22 construction and demolition debris, as measured by weight, produced on 23 site. 24 c. The following projects shall be subject to the provisions of this 25 section: 26 (1) Construction of new residential buildings with four or more dwell- 27 ing units; 28 (2) Construction of new non-residential buildings, other than projects 29 for which the total area is four thousand square feet or less; 30 (3) Any rehabilitation of non-residential buildings of more than four 31 thousand square feet that will require a certificate of occupancy to be 32 issued from the city; 33 (4) Demolition of residential buildings with four or more dwelling 34 units that includes the demolition of at least one outside wall; and 35 (5) Demolition of non-residential buildings, other than projects for 36 which the total area is four thousand square feet or less. 37 d. A project shall be exempt from the provisions of this section if 38 only a plumbing permit or only an electrical permit is required for such 39 project. 40 3. Contractor responsibilities. a. Within thirty days of completion of 41 a project, the contractor shall submit documentation to report compli- 42 ance with this section and the regulations promulgated pursuant to this 43 section. If the contractor is unable to meet the recycling and reuse 44 requirements of this section, the contractor may apply for a waiver from 45 the city. Such documentation shall be in a form and manner determined by 46 the city department of buildings. 47 b. If a contractor is unable or refuses to submit the required 48 documentation, a property owner may submit a waiver application 49 supported by an affidavit that the contractor is unavailable or refuses 50 to provide the required documentation. 51 c. A contractor shall comply with all reasonable requests for informa- 52 tion and documentation by the city department of buildings pursuant to 53 an audit to monitor compliance with this section. Documentation 54 required by this section shall be maintained for at least three years. 55 4. City responsibilities. a. The city shall establish a procedure for 56 contractors to apply for waivers of the requirements of this section.A. 3203 3 1 Such requirements shall include documentation of the amount of material 2 the contractor is actually able to recycle or reuse and the reason or 3 reasons for which the contractor cannot meet the recycling and reuse 4 requirements in this section. 5 b. The city shall not issue any new building or demolition permit to a 6 contractor who has failed to timely submit the required documentation 7 with respect to any completed project, until such contractor either 8 submits (1) the required documents including, where applicable, proof 9 that any fine due pursuant to subdivision five of this section has been 10 paid in full, or (2) proof of a waiver issued by the city and, the 11 payment of any fine due. 12 c. The city may withhold a certificate of occupancy for a project 13 until the contractor submits either the required documentation includ- 14 ing, where applicable, proof that any fine due pursuant to subdivision 15 five of this section has been paid in full; or proof of a waiver issued 16 by the city and, the payment of any fine due. 17 d. The city is authorized to conduct audits of contractors to deter- 18 mine and validate compliance with the requirements of this section. The 19 city may request information and documentation relevant to such an audit 20 from any contractor. 21 e. The city is authorized to promulgate such rules and regulations as 22 necessary to implement the provisions of this section. Such rules and 23 regulations shall contain provisions for seeking and obtaining a waiver 24 from the provisions of this section. 25 5. Fines and penalties. a. Contractors who fail to provide the 26 documentation required by this section or who have not received a waiver 27 from the city shall be subject to a fine of five hundred dollars for 28 each day that they fail to provide the information or apply for a waiv- 29 er. 30 b. Contractors who fail to meet the recycling or reuse requirements of 31 this section and have applied for and not received a waiver from the 32 city shall be assessed a fine as follows: 33 (1) for projects involving ten thousand square feet or more of reno- 34 vated, newly constructed or demolished space, five hundred dollars for 35 each percentage point of difference between the amount required by this 36 section to be recycled or reused and the amount actually recycled or 37 reused; and 38 (2) for projects involving less than ten thousand square feet of reno- 39 vated, newly constructed or demolished space, two hundred fifty dollars 40 for each percentage point of difference between the amount required by 41 this section to be recycled or reused and the amount actually recycled 42 or reused. 43 c. The city may modify the penalties required by paragraph a or b of 44 this subdivision for failure to provide documentation or meet the recy- 45 cling and reuse requirements, if it finds that there are extenuating 46 circumstances for such failures. 47 § 3. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law.