S T A T E   O F   N E W   Y O R K
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                                  5103

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

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:

  Section  1.  Legislative intent. The purpose of this act is to signif-
icantly reduce the amount of waste produced by construction and  demoli-
tion  activities  in  cities  having populations of one million or more.
There are  many  opportunities  to  reduce  or  recycle  materials  from
construction  and  demolition,  including  metals,  cardboard,  drywall,
glass, wood and asphalt. This act is consistent with the goals of  large
cities'  solid waste management plans, complementing other recycling and
recovery programs currently in effect.
  S 2.  The general city law is amended by adding a new section 23-a  to
read as follows:
  S  23-A.    CONSTRUCTION  AND DEMOLITION SITE WASTE RECYCLING; CERTAIN
CITIES. 1. DEFINITIONS. AS USED IN THIS SECTION:
  A. "CONTRACTOR" MEANS A GENERAL CONTRACTOR AND SHALL ALSO INCLUDE  ANY
SUBCONTRACTOR  ENGAGED  IN THE DEMOLITION OR WRECKING OF A STRUCTURE FOR
WHICH A PERMIT IS REQUIRED.
  B. "CONSTRUCTION AND DEMOLITION DEBRIS"  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, METALS, CARDBOARD, DRYWALL, GLASS, WOOD, CONCRETE, BRICK AND
ASPHALT,  BUT  SHALL  NOT  INCLUDE  ANY MATERIAL THAT IS CONTAMINATED BY
LEAD, ASBESTOS OR ANY OTHER HAZARDOUS MATERIAL SUCH THAT RECYCLING THER-
EOF WOULD BE ILLEGAL OR UNFEASIBLE.
  C. "RECYCLER" MEANS A RECYCLING FACILITY, TRANSFER  STATION  OR  OTHER
SOLID  WASTE MANAGEMENT FACILITY PERMITTED PURSUANT TO THE ENVIRONMENTAL
CONSERVATION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01443-02-9

              

S. 5103                             2

  D. "REUSE" MEANS (I) THE ON-SITE USE OF REPROCESSED  CONSTRUCTION  AND
DEMOLITION  DEBRIS  IF  THE USE OF SUCH DEBRIS IS AUTHORIZED BY THE CITY
DEPARTMENT OF BUILDINGS; AND (II) THE OFF-SITE REDISTRIBUTION OF A MATE-
RIAL WHICH WOULD OTHERWISE BE DISPOSED OF, FOR USE IN THE SAME OR  SIMI-
LAR FORM AS IT WAS PRODUCED.
  2.  APPLICABILITY. A.  THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY
IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE.
  B. CONTRACTORS SHALL RECYCLE  OR  REUSE  CONSTRUCTION  AND  DEMOLITION
DEBRIS PRODUCED ON SITE AS PART OF CONSTRUCTION OR DEMOLITION ACTIVITIES
BY MEETING THE FOLLOWING REQUIREMENTS:
  (1)  ON  A  PROJECT  THAT  IS ISSUED A PERMIT WITH AN APPLICATION DATE
WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SECTION,  THE  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.
  (2) ON A PROJECT THAT IS ISSUED A PERMIT WITH AN  APPLICATION  DATE  A
YEAR  OR  MORE  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 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.
  C. THE FOLLOWING PROJECTS SHALL BE SUBJECT TO THE PROVISIONS  OF  THIS
SECTION:
  (1) CONSTRUCTION OF NEW RESIDENTIAL BUILDINGS WITH FOUR OR MORE DWELL-
ING UNITS;
  (2) CONSTRUCTION OF NEW NON-RESIDENTIAL BUILDINGS, OTHER THAN PROJECTS
FOR WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS;
  (3)  ANY REHABILITATION OF NON-RESIDENTIAL BUILDINGS OF MORE THAN FOUR
THOUSAND SQUARE FEET THAT WILL REQUIRE A CERTIFICATE OF OCCUPANCY TO  BE
ISSUED FROM THE CITY;
  (4)  DEMOLITION  OF  RESIDENTIAL  BUILDINGS WITH FOUR OR MORE DWELLING
UNITS THAT INCLUDES THE DEMOLITION OF AT LEAST ONE OUTSIDE WALL; AND
  (5) DEMOLITION OF NON-RESIDENTIAL BUILDINGS, OTHER THAN  PROJECTS  FOR
WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS.
  D.  A  PROJECT  SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SECTION IF
ONLY A PLUMBING PERMIT OR ONLY AN ELECTRICAL PERMIT IS REQUIRED FOR SUCH
PROJECT.
  3. CONTRACTOR RESPONSIBILITIES. A. WITHIN THIRTY DAYS OF COMPLETION OF
A PROJECT, THE CONTRACTOR SHALL SUBMIT DOCUMENTATION TO  REPORT  COMPLI-
ANCE  WITH THIS SECTION AND THE REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION. IF THE CONTRACTOR IS UNABLE TO MEET  THE  RECYCLING  AND  REUSE
REQUIREMENTS OF THIS SECTION, THE CONTRACTOR MAY APPLY FOR A WAIVER FROM
THE CITY. SUCH DOCUMENTATION SHALL BE IN A FORM AND MANNER DETERMINED BY
THE CITY DEPARTMENT OF BUILDINGS.
  B.  IF  A  CONTRACTOR  IS  UNABLE  OR  REFUSES  TO SUBMIT THE REQUIRED
DOCUMENTATION,  A  PROPERTY  OWNER  MAY  SUBMIT  A  WAIVER   APPLICATION
SUPPORTED  BY AN AFFIDAVIT THAT THE CONTRACTOR IS UNAVAILABLE OR REFUSES
TO PROVIDE THE REQUIRED DOCUMENTATION.
  C. A CONTRACTOR SHALL COMPLY WITH ALL REASONABLE REQUESTS FOR INFORMA-
TION AND DOCUMENTATION BY THE CITY DEPARTMENT OF BUILDINGS  PURSUANT  TO
AN  AUDIT  TO  MONITOR  COMPLIANCE  WITH  THIS  SECTION.   DOCUMENTATION
REQUIRED BY THIS SECTION SHALL BE MAINTAINED FOR AT LEAST THREE YEARS.
  4. CITY RESPONSIBILITIES. A. THE CITY SHALL ESTABLISH A PROCEDURE  FOR
CONTRACTORS  TO  APPLY  FOR WAIVERS OF THE REQUIREMENTS OF THIS SECTION.
SUCH REQUIREMENTS SHALL INCLUDE DOCUMENTATION OF THE AMOUNT OF  MATERIAL
THE  CONTRACTOR  IS  ACTUALLY ABLE TO RECYCLE OR REUSE AND THE REASON OR

S. 5103                             3

REASONS FOR WHICH THE CONTRACTOR CANNOT MEET  THE  RECYCLING  AND  REUSE
REQUIREMENTS IN THIS SECTION.
  B. THE CITY SHALL NOT ISSUE ANY NEW BUILDING OR DEMOLITION PERMIT TO A
CONTRACTOR  WHO  HAS  FAILED TO TIMELY SUBMIT THE REQUIRED DOCUMENTATION
WITH RESPECT TO ANY COMPLETED  PROJECT,  UNTIL  SUCH  CONTRACTOR  EITHER
SUBMITS  (1)  THE  REQUIRED DOCUMENTS INCLUDING, WHERE APPLICABLE, PROOF
THAT ANY FINE DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION HAS  BEEN
PAID  IN  FULL,  OR  (2)  PROOF  OF A WAIVER ISSUED BY THE CITY AND, THE
PAYMENT OF ANY FINE DUE.
  C. THE CITY MAY WITHHOLD A CERTIFICATE  OF  OCCUPANCY  FOR  A  PROJECT
UNTIL  THE  CONTRACTOR SUBMITS EITHER THE REQUIRED DOCUMENTATION INCLUD-
ING, WHERE APPLICABLE, PROOF THAT ANY FINE DUE PURSUANT  TO  SUBDIVISION
FIVE  OF THIS SECTION HAS BEEN PAID IN FULL; OR PROOF OF A WAIVER ISSUED
BY THE CITY AND, THE PAYMENT OF ANY FINE DUE.
  D. THE CITY IS AUTHORIZED TO CONDUCT AUDITS OF CONTRACTORS  TO  DETER-
MINE AND VALIDATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.  THE
CITY MAY REQUEST INFORMATION AND DOCUMENTATION RELEVANT TO SUCH AN AUDIT
FROM ANY CONTRACTOR.
  E.  THE CITY IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS AS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.  SUCH  RULES  AND
REGULATIONS  SHALL CONTAIN PROVISIONS FOR SEEKING AND OBTAINING A WAIVER
FROM THE PROVISIONS OF THIS SECTION.
  5. FINES AND  PENALTIES.  A.  CONTRACTORS  WHO  FAIL  TO  PROVIDE  THE
DOCUMENTATION REQUIRED BY THIS SECTION OR WHO HAVE NOT RECEIVED A WAIVER
FROM  THE  CITY  SHALL  BE SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS FOR
EACH DAY THAT THEY FAIL TO PROVIDE THE INFORMATION OR APPLY FOR A  WAIV-
ER.
  B. CONTRACTORS WHO FAIL TO MEET THE RECYCLING OR REUSE REQUIREMENTS OF
THIS  SECTION  AND  HAVE  APPLIED FOR AND NOT RECEIVED A WAIVER FROM THE
CITY SHALL BE ASSESSED A FINE AS FOLLOWS:
  (1) FOR PROJECTS INVOLVING TEN THOUSAND SQUARE FEET OR MORE  OF  RENO-
VATED,  NEWLY  CONSTRUCTED OR DEMOLISHED SPACE, FIVE HUNDRED DOLLARS FOR
EACH PERCENTAGE POINT OF DIFFERENCE BETWEEN THE AMOUNT REQUIRED BY  THIS
SECTION  TO  BE  RECYCLED  OR REUSED AND THE AMOUNT ACTUALLY RECYCLED OR
REUSED; AND
  (2) FOR PROJECTS INVOLVING LESS THAN TEN THOUSAND SQUARE FEET OF RENO-
VATED, NEWLY CONSTRUCTED OR DEMOLISHED SPACE, TWO HUNDRED FIFTY  DOLLARS
FOR  EACH  PERCENTAGE POINT OF DIFFERENCE BETWEEN THE AMOUNT REQUIRED BY
THIS SECTION TO BE RECYCLED OR REUSED AND THE AMOUNT  ACTUALLY  RECYCLED
OR REUSED.
  C.  THE  CITY MAY MODIFY THE PENALTIES REQUIRED BY PARAGRAPH A OR B OF
THIS SUBDIVISION FOR FAILURE TO PROVIDE DOCUMENTATION OR MEET THE  RECY-
CLING  AND  REUSE  REQUIREMENTS,  IF IT FINDS THAT THERE ARE EXTENUATING
CIRCUMSTANCES FOR SUCH FAILURES.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.