NY State Senate Bill 2013-S4286A

Senate Bill S4286A

2013-2014 Legislative Session

Prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire under certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2014	print number 4286a
Jan 17, 2014	amend and recommit to environmental conservation
Jan 08, 2014	referred to environmental conservation
Mar 19, 2013	referred to environmental conservation

Bill Amendments

Original

A (Active)

2013-S4286 - Details

See Assembly Version of this Bill:: A702
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0301, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7414
2011-2012: A1963
2015-2016: A3336
2017-2018: A1566
2019-2020: A1761
2021-2022: A5002
2023-2024: A2049

2013-S4286 - Summary

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.

2013-S4286 - Sponsor Memo

                                BILL NUMBER:S4286

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:

Temporarily prohibit the department of environmental conservation from
implementing greater restrictions on the burning of garbage, refuse ox
rubbish in en open fire on land possessed by a single family, a member
of which is the owner, occupant, or lessee of said land, except in
cities and villages, or in towns with populations of 20,000 or
greater.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the section 19-0301 of the environmental conservation
law by adding a new subsection 6, which provides that the DEC is
prohibited from restricting the burning of garbage, refuse or rubbish
in an open fire on land possessed by a single family, a member of
which is the owner, occupant, or lessee of said land, except in cities
and villages, or in towns with populations of 20,000 or greater. "Open
fire", "garbage", "refuse", and "rubbish" are defined therein.

Section 2 provides that the act shall take effect immediately, and
shall expire December 15, 2017.

JUSTIFICATION:

Currently, the open burning of garbage, refuse and rubbish in rural
communities is a longstanding means of eliminating waste material.
Many rural communities do not have waste management facilities and/or
apparatus to transport waste material to such facilities. Under
current law the DEC is permitted to adopt regulations banning the open
burning of such material, and the DEC has, in fact, adopted
regulations banning such burning in cities and villages, and in towns
with populations of 20,000 or greater. The DEC has recently proposed
expanding the ban throughout the state, but rural communities are
simply not equipped, and do not have the financial resources, to deal
with an onslaught of waste material at this time. This bill would
prevent the DEC from significantly burdening rural residents and
communities during this recessionary period by implementing a
statewide ban until December 15, 2015. This bill will not affect the
restriction on burning waste material in cities and village, or in
towns with populations of 20,000 or greater.

PRIOR LEGISLATIVE HISTORY:

2012 - A.1963 - referred to environmental conservation
2010 - A 7414 - referred to environmental conservation

FISCAL IMPLICATIONS:

None to the state.


EFFECTIVE DATE:

Immediately.

2013-S4286 - Bill Text download pdf

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

                                  4286

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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:

  Section  1.  Section  19-0301 of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
  6. A. THE DEPARTMENT IS PROHIBITED FROM ADOPTING ANY CODE, RULE, REGU-
LATION OR STANDARD THAT WOULD RESTRICT THE BURNING OF GARBAGE, REFUSE OR
RUBBISH, AS DEFINED IN THIS SECTION, IN AN OPEN FIRE ON  LAND  POSSESSED
BY  A  SINGLE FAMILY, A MEMBER OF WHICH IS THE OWNER, OCCUPANT OR LESSEE
OF SAID LAND, OR ANY PART OF A FARM ON WHICH ONLY  ANIMAL  OR  VEGETABLE
WASTE RESULTING FROM THE OPERATION OF SUCH FARM IS DEPOSITED.
  B.  THIS  SUBDIVISION  SHALL  NOT APPLY TO ANY CITY OR VILLAGE, OR ANY
TOWN WITH A TOTAL TOWN POPULATION, INCLUDING INCORPORATED OR  UNINCORPO-
RATED AREAS, OF GREATER THAN TWENTY THOUSAND.
  C.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION THE FOLLOWING DEFINITIONS
SHALL APPLY:
  (1) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
PROCESS FROM WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY  INTO  THE
OUTDOOR ATMOSPHERE.
  (2) "GARBAGE" SHALL MEAN THE ANIMAL AND VEGETABLE WASTE RESULTING FROM
THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
  (3)  "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMITED
TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.
  (4) "RUBBISH" SHALL MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING BUT
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.
                                                           LBD00221-01-3

S. 4286                             2

AND BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNITURE, WOOD,
AND SAWDUST.
  S  2. This act shall take effect immediately and shall expire December
15, 2017 when upon such date the provisions of this act shall be  deemed
repealed.

2013-S4286A (ACTIVE) - Details

See Assembly Version of this Bill:: A702
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §19-0301, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7414
2011-2012: A1963
2015-2016: A3336
2017-2018: A1566
2019-2020: A1761
2021-2022: A5002
2023-2024: A2049

2013-S4286A (ACTIVE) - Summary

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.

2013-S4286A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4286A

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:

To temporarily prohibit the Department of Environmental Conservation
from implementing greater restrictions on the burning of garbage,
refuse or rubbish in an open fire on land possessed by a single
family, a member of which is the owner, occupant, or lessee of said
land, except in cities and villages, or in towns with populations of
20.000 or greater.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 19-0301 of the Environmental Conservation Law
by adding a new subsection 6, which provides that the DEC is
prohibited from restricting the burning of garbage, refuse or rubbish
in an open fire on land possessed by a single family, a member of
which is the owner, occupant, or lessee of said land, except in cities
and villages, or in towns with populations of 20,000 or greater. "Open
fire" "garbage", "refuse", and "rubbish" are defined therein.

Section 2 provides that the act shall take effect immediately, and
shall expire December 15, 2018.

JUSTIFICATION:

Currently, the open burning of garbage, refuse and rubbish in rural
communities is a longstanding means of eliminating waste material.
Many rural communities do not have waste management facilities and/or
apparatus to transport waste material to such facilities. Under
current law, the DEC is permitted to adopt regulations banning the
open burning of such material, and the DEC has, in fact, adopted
regulations banning such burning in cities and villages, and in towns
with populations of 20,000 or greater. The DEC has recently proposed
expanding the ban throughout the state, but rural communities are
simply not equipped, and do not have the financial resources, to deal
with an onslaught of waste material at this time. This bill would
prevent the DEC from significantly burdening rural residents and
communities during this recessionary period by implementing a
statewide ban until December 15, 2018. This bill will not affect the
restriction on burning waste material in cities and village, or in
towns with populations of 20,000 or greater.

PRIOR LEG1SLATIVE HISTORY:

2013 - S.4286/A.702 - EnCON/EnCon
2012- A.1963- referred to Environmental Conservation
2010 - A 7414 - referred to Environmental Conservation

FISCAL IMPLICATIONS :

None to the state.


EFFECTIVE DATE:

This act shall take effect immediately and shall expire December 15,
2018 when upon such date the provisions of this act shall be deemed
repealed.

2013-S4286A (ACTIVE) - Bill Text download pdf

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

                                 4286--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation -- recommitted to the Committee on  Environmental  Conservation
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  Section  19-0301 of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
  6. A. THE DEPARTMENT IS PROHIBITED FROM ADOPTING ANY CODE, RULE, REGU-
LATION OR STANDARD THAT WOULD RESTRICT THE BURNING OF GARBAGE, REFUSE OR
RUBBISH, AS DEFINED IN THIS SECTION, IN AN OPEN FIRE ON  LAND  POSSESSED
BY  A  SINGLE FAMILY, A MEMBER OF WHICH IS THE OWNER, OCCUPANT OR LESSEE
OF SAID LAND, OR ANY PART OF A FARM ON WHICH ONLY  ANIMAL  OR  VEGETABLE
WASTE RESULTING FROM THE OPERATION OF SUCH FARM IS DEPOSITED.
  B.  THIS  SUBDIVISION  SHALL  NOT APPLY TO ANY CITY OR VILLAGE, OR ANY
TOWN WITH A TOTAL TOWN POPULATION, INCLUDING INCORPORATED OR  UNINCORPO-
RATED AREAS, OF GREATER THAN TWENTY THOUSAND.
  C.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION THE FOLLOWING DEFINITIONS
SHALL APPLY:
  (1) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
PROCESS FROM WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY  INTO  THE
OUTDOOR ATMOSPHERE.
  (2) "GARBAGE" SHALL MEAN THE ANIMAL AND VEGETABLE WASTE RESULTING FROM
THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
  (3)  "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMITED
TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00221-02-4

S. 4286--A                          2

  (4) "RUBBISH" SHALL MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING BUT
NOT LIMITED TO, PAPER AND PAPER PRODUCTS, RAGS, TREES OR LEAVES, NEEDLES
AND BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNITURE, WOOD,
AND SAWDUST.
  S  2. This act shall take effect immediately and shall expire December
15, 2018 when upon such date the provisions of this act shall be  deemed
repealed.

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