S T A T E   O F   N E W   Y O R K
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                                  5392

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

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
AND  THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR   CONTRACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06434-01-5
              

S. 5392                             2

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.