Bill Text: NY S03148 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires contractors to recycle a certain percentage of the waste generated on construction and demolition sites; provides contractors can apply for a waiver if they are unable to recycle the appropriate amount and shall be exempt if their construction site is more than 25 miles from a construction and delivery recycling center or if such a center is not located within the construction site's county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-05 - PRINT NUMBER 3148A [S03148 Detail]

Download: New_York-2021-S03148-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3148

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          requiring  contractors  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 the state of New York. There are many opportunities
     4  to reduce or recycle materials from construction and demolition, includ-
     5  ing metals, cardboard, drywall, glass, wood and  asphalt.  This  act  is
     6  consistent  with  the  goals of the state's solid waste management plan,
     7  complementing other recycling and recovery programs currently in effect.
     8    § 2. The environmental conservation law is amended  by  adding  a  new
     9  section 27-0721 to read as follows:
    10  § 27-0721. Construction and demolition site waste recycling.
    11    1. Definitions. As used in this section:
    12    (a) "Contractor" means a general contractor and shall also include any
    13  subcontractor  engaged  in the demolition or wrecking of a structure for
    14  which a permit is required.
    15    (b) "Construction and demolition debris" shall  include,  but  not  be
    16  limited to, metals, cardboard, drywall, glass, wood, concrete, brick and
    17  asphalt,  but  shall  not  include  any material that is contaminated by
    18  lead, asbestos or other hazardous material such that  recycling  thereof
    19  would be illegal or unfeasible.
    20    (c)  "Recycler"  means a recycling facility, transfer station or other
    21  waste handling facility permitted pursuant to this article which accepts
    22  construction and demolition debris for recycling or for further transfer
    23  to a recycling facility.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05862-01-1
        S. 3148                             2

     1    (d) "Reuse" means (i) the on-site use of reprocessed construction  and
     2  demolition debris if the use of such debris is authorized by the commis-
     3  sioner;  and  (ii) the off-site redistribution of a material which would
     4  otherwise be disposed of, for use in the same or similar form as it  was
     5  produced.
     6    2.  Applicability. (a) Contractors shall recycle or reuse construction
     7  and demolition debris produced on site as part of construction or  demo-
     8  lition activities by meeting the following requirements:
     9    (i)  On  a  project  that  is issued a permit with an application date
    10  within one year of the effective date of this  section,  the  contractor
    11  shall cause to be recycled or reused at least twenty-five percent of the
    12  construction  and  demolition debris, as measured by weight, produced on
    13  site.
    14    (ii) On a project that is issued a permit with an application  date  a
    15  year  or  more  after the effective date of this section, the contractor
    16  shall cause to be recycled or reused  at  least  fifty  percent  of  the
    17  construction  and  demolition debris, as measured by weight, produced on
    18  site.
    19    (b) The following projects shall be subject to the provisions of  this
    20  section:
    21    (i) Construction of new residential buildings with four or more dwell-
    22  ing units;
    23    (ii)   Construction  of  new  non-residential  buildings,  other  than
    24  projects for which the total area is four thousand square feet or less;
    25    (iii) Any rehabilitation of non-residential  buildings  of  more  than
    26  four  thousand  square feet that will require certification of occupancy
    27  to be issued from the appropriate city, town or village department;
    28    (iv) Demolition of residential buildings with four  or  more  dwelling
    29  units that includes the demolition of at least one outside wall; and
    30    (v)  Demolition  of non-residential buildings, other than projects for
    31  which the total area is four thousand square feet or less.
    32    (c) A project shall be exempt from this section  if  only  a  plumbing
    33  permit or only an electrical permit is required for such project.
    34    3.  Contractor  responsibilities. (a) Within thirty days of completion
    35  of a project, the contractor shall submit documentation to the appropri-
    36  ate city, town or village to report compliance with this section and the
    37  regulations promulgated pursuant to this section. If the  contractor  is
    38  unable to meet the recycling and reuse requirements of this section, the
    39  contractor  may  apply for a waiver from the city, town or village. Such
    40  documentation shall be in a form and manner determined by the city, town
    41  or village.
    42    (b) If a contractor is  unable  or  refuses  to  submit  the  required
    43  documentation,   a  property  owner  may  submit  a  waiver  application
    44  supported by an affidavit that the contractor is unavailable or  refuses
    45  to provide the required documentation.
    46    (c)  A contractor shall comply with all reasonable requests for infor-
    47  mation and documentation by the city, town or  village  pursuant  to  an
    48  audit to monitor compliance with this section. Documentation required by
    49  this section shall be maintained for at least three years.
    50    4.  City,  town  and village responsibilities. (a) Each city, town and
    51  village shall establish a procedure for contractors to apply for waivers
    52  of the requirements of this section.  Such  requirements  shall  include
    53  documentation  of the amount of material the contractor is actually able
    54  to recycle or reuse and the reason or reasons for which  the  contractor
    55  cannot meet the recycling and reuse requirements in this section.
        S. 3148                             3

     1    (b)  A city, town or village shall not issue any new building or demo-
     2  lition permit to a contractor  who  has  failed  to  timely  submit  the
     3  required documentation with respect to any completed project, until such
     4  contractor  either  submits  (i) the required documents including, where
     5  applicable, proof that any fine due pursuant to subdivision five of this
     6  section  has  been paid in full, or (ii) proof of a waiver issued by the
     7  city, town or village and, the payment of any fine due.
     8    (c) The city, town or village may withhold a certificate of  occupancy
     9  for  a project until the contractor submits either the required documen-
    10  tation including, where applicable, proof that any fine due pursuant  to
    11  subdivision  five  of  this section has been paid in full; or proof of a
    12  waiver issued by the city, town or village and, payment of any fine due.
    13    (d) The city, town or village  is  authorized  to  conduct  audits  of
    14  contractors  to  determine and validate compliance with the requirements
    15  of this section. The city, town or village may request  information  and
    16  documentation relevant to such an audit from any contractor.
    17    (e)  The  city, town or village is authorized to promulgate such rules
    18  and regulations  as  necessary  to  implement  the  provisions  of  this
    19  section.   Such rules and regulations shall contain provisions for seek-
    20  ing and obtaining a waiver from the provisions of this section.
    21    5. Fines and penalties.  (a)  Contractors  who  fail  to  provide  the
    22  documentation required by this section or who have not received a waiver
    23  from  the  city,  town  or  village  shall  be subject to a fine of five
    24  hundred dollars for each day that they fail to provide  the  information
    25  or apply for a waiver.
    26    (b)  Contractors  who fail to meet the recycling or reuse requirements
    27  of this section and have applied for and not received a waiver from  the
    28  city, town or village shall be assessed a fine as follows:
    29    (i)  For  projects involving ten thousand square feet or more of reno-
    30  vated, newly constructed or demolished space, five hundred  dollars  for
    31  each  percentage point of difference between the amount required by this
    32  section to be recycled or reused and the  amount  actually  recycled  or
    33  reused; and
    34    (ii)  For  projects  involving  less  than ten thousand square feet of
    35  renovated, newly constructed or  demolished  space,  two  hundred  fifty
    36  dollars  for  each  percentage  point  of  difference between the amount
    37  required by this section to be recycled or reused and the amount actual-
    38  ly recycled or reused.
    39    (c) The city, town or village may modify  the  penalties  required  by
    40  paragraph (a) or (b) of this subdivision for failure to provide documen-
    41  tation  or  meet  the recycling and reuse requirements, if it finds that
    42  there are extenuating circumstances for such failures.
    43    § 3. This act shall take effect on the first of January next  succeed-
    44  ing the date on which it shall have become a law.