S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1576

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on Governmental Operations

AN  ACT to amend the executive law, in relation to requiring state agen-
  cies  and  persons  contracting  with   such   agencies   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:

  Section 1. The executive law is amended by adding a new section  163-b
to read as follows:
  S 163-B.  CONSTRUCTION AND DEMOLITION SITE WASTE RECYCLING. 1. AS USED
IN THIS SECTION:
  (A)  "CONTRACTOR"  MEANS A GENERAL CONTRACTOR HAVING A CONTRACT WITH A
STATE AGENCY, AND ALL SUBCONTRACTORS OF SUCH GENERAL CONTRACTOR PERFORM-
ING PUBLIC WORK PURSUANT TO SUCH CONTRACT.
  (B) "CONSTRUCTION AND DEMOLITION DEBRIS" SHALL NOT INCLUDE ANY MATERI-
AL THAT IS CONTAMINATED BY LEAD, ASBESTOS OR OTHER HAZARDOUS MATERIAL IN
SUCH A WAY AS TO RENDER RECYCLING ILLEGAL OR IMPOSSIBLE.
  (C) "RECYCLER" MEANS A RECYCLING FACILITY, TRANSFER STATION  OR  OTHER
WASTE HANDLING FACILITY PERMITTED PURSUANT TO THIS ARTICLE WHICH ACCEPTS
CONSTRUCTION AND DEMOLITION DEBRIS FOR RECYCLING OR FOR FURTHER TRANSFER
TO A RECYCLING FACILITY.
  (D)  "REUSE" MEANS (I) THE ON-SITE USE OF REPROCESSED CONSTRUCTION AND
DEMOLITION DEBRIS IF SUCH ON-SITE USE IS AUTHORIZED IN  WRITING  BY  THE
COMMISSIONER;  AND  (II) THE OFF-SITE REDISTRIBUTION OF A MATERIAL WHICH
WOULD OTHERWISE BE DISPOSED OF, FOR USE IN THE SAME OR SIMILAR  FORM  AS
IT WAS PRODUCED.
  (E)  "STATE  AGENCY"  SHALL MEAN (1) (I) ANY STATE DEPARTMENT, OR (II)
ANY DIVISION, BOARD, COMMISSION OR BUREAU OF ANY  STATE  DEPARTMENT,  OR
(III)  THE  STATE  UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, INCLUDING ALL THEIR CONSTITUENT UNITS  EXCEPT  COMMUNITY  COLLEGES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01442-01-9

A. 1576                             2

AND   THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR  CONTRACT
COLLEGES ON BEHALF OF THE STATE, OR (IV) A BOARD, A  MAJORITY  OF  WHOSE
MEMBERS  ARE  APPOINTED  BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING
STATE  OFFICERS  OR  EMPLOYEES  AS  DEFINED IN SUBPARAGRAPH (I), (II) OR
(III) OF PARAGRAPH (I) OF SUBDIVISION ONE OF  SECTION  SEVENTY-THREE  OF
THE PUBLIC OFFICERS LAW.
  (2)  THE  FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS  DEFINED  IN
SUBPARAGRAPH ONE OF THIS PARAGRAPH:
  DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
  FACILITIES DEVELOPMENT CORPORATION;
  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
  NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
  2.  EVERY STATE AGENCY AND EVERY CONTRACTOR PERFORMING PUBLIC WORK FOR
A STATE AGENCY SHALL RECYCLE OR REUSE CONSTRUCTION AND DEMOLITION DEBRIS
PRODUCED ON SITE AS PART OF CONSTRUCTION  OR  DEMOLITION  ACTIVITIES  BY
MEETING THE FOLLOWING REQUIREMENTS:
  (A)  ON A PUBLIC WORKS PROJECT COMMENCED WITHIN ONE YEAR OF THE EFFEC-
TIVE DATE OF THIS SECTION, THE STATE AGENCY OR CONTRACTOR SHALL CAUSE TO
BE RECYCLED OR REUSED AT LEAST TWENTY-FIVE PERCENT OF  THE  CONSTRUCTION
AND DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON SITE.
  (B)  ON  A  PUBLIC  WORKS PROJECT COMMENCED ONE YEAR OR MORE AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE STATE  AGENCY  OR  CONTRACTOR  SHALL
CAUSE   TO  BE  RECYCLED  OR  REUSED  AT  LEAST  FIFTY  PERCENT  OF  THE
CONSTRUCTION AND DEMOLITION DEBRIS, AS MEASURED BY WEIGHT,  PRODUCED  ON
SITE.
  3.  WITHIN  THIRTY  DAYS  OF COMPLETION OF A PUBLIC WORKS PROJECT, THE
STATE AGENCY OR CONTRACTOR SHALL SUBMIT DOCUMENTATION TO THE STATE COMP-
TROLLER TO REPORT COMPLIANCE WITH THIS SECTION. DOCUMENTATION  SHALL  BE
IN  A  FORM  PRESCRIBED  BY  THE STATE COMPTROLLER, AND SHALL CONSIST OF
NOTARIZED AFFIDAVITS FROM THE STATE AGENCY OR CONTRACTOR AND  THE  WASTE
HAULER OR RECYCLER FOR THE PUBLIC WORKS PROJECT CERTIFYING THE EXTENT TO
WHICH THE PUBLIC WORKS PROJECT COMPLIES WITH THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.