S T A T E   O F   N E W   Y O R K
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                                  5393

                       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 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:

  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 the state of New York. There are many opportunities
to reduce or recycle materials from construction and demolition, includ-
ing metals, cardboard, drywall, glass, wood and  asphalt.  This  act  is
consistent  with  the  goals of the state's solid waste management plan,
complementing other recycling and recovery programs currently in effect.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 27-0721 to read as follows:
S 27-0721. CONSTRUCTION AND DEMOLITION SITE WASTE RECYCLING.
  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 OTHER HAZARDOUS MATERIAL SUCH THAT  RECYCLING  THEREOF
WOULD BE ILLEGAL OR UNFEASIBLE.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06524-01-5

              

S. 5393                             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 COMMIS-
SIONER;  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.
  2.  APPLICABILITY. (A) CONTRACTORS SHALL RECYCLE OR REUSE CONSTRUCTION
AND DEMOLITION DEBRIS PRODUCED ON SITE AS PART OF CONSTRUCTION OR  DEMO-
LITION ACTIVITIES BY MEETING THE FOLLOWING REQUIREMENTS:
  (I)  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.
  (II) 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.
  (B) THE FOLLOWING PROJECTS SHALL BE SUBJECT TO THE PROVISIONS OF  THIS
SECTION:
  (I) CONSTRUCTION OF NEW RESIDENTIAL BUILDINGS WITH FOUR OR MORE DWELL-
ING UNITS;
  (II)   CONSTRUCTION  OF  NEW  NON-RESIDENTIAL  BUILDINGS,  OTHER  THAN
PROJECTS FOR WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS;
  (III) ANY REHABILITATION OF NON-RESIDENTIAL  BUILDINGS  OF  MORE  THAN
FOUR  THOUSAND  SQUARE FEET THAT WILL REQUIRE CERTIFICATION OF OCCUPANCY
TO BE ISSUED FROM THE APPROPRIATE CITY, TOWN OR VILLAGE DEPARTMENT;
  (IV) DEMOLITION OF RESIDENTIAL BUILDINGS WITH FOUR  OR  MORE  DWELLING
UNITS THAT INCLUDES THE DEMOLITION OF AT LEAST ONE OUTSIDE WALL; AND
  (V)  DEMOLITION  OF NON-RESIDENTIAL BUILDINGS, OTHER THAN PROJECTS FOR
WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS.
  (C) A PROJECT SHALL BE EXEMPT FROM 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 THE APPROPRI-
ATE CITY, TOWN OR VILLAGE TO REPORT COMPLIANCE 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, TOWN OR VILLAGE. SUCH
DOCUMENTATION SHALL BE IN A FORM AND MANNER DETERMINED BY THE CITY, TOWN
OR VILLAGE.
  (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 INFOR-
MATION AND DOCUMENTATION BY THE CITY, TOWN OR  VILLAGE  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,  TOWN  AND VILLAGE RESPONSIBILITIES. (A) EACH CITY, TOWN AND
VILLAGE 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 REASONS FOR WHICH  THE  CONTRACTOR
CANNOT MEET THE RECYCLING AND REUSE REQUIREMENTS IN THIS SECTION.

S. 5393                             3

  (B)  A CITY, TOWN OR VILLAGE SHALL NOT ISSUE ANY NEW BUILDING OR DEMO-
LITION PERMIT TO A CONTRACTOR  WHO  HAS  FAILED  TO  TIMELY  SUBMIT  THE
REQUIRED DOCUMENTATION WITH RESPECT TO ANY COMPLETED PROJECT, UNTIL SUCH
CONTRACTOR  EITHER  SUBMITS  (I) THE REQUIRED DOCUMENTS INCLUDING, WHERE
APPLICABLE, PROOF THAT ANY FINE DUE PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION  HAS  BEEN PAID IN FULL, OR (II) PROOF OF A WAIVER ISSUED BY THE
CITY, TOWN OR VILLAGE AND, THE PAYMENT OF ANY FINE DUE.
  (C) THE CITY, TOWN OR VILLAGE MAY WITHHOLD A CERTIFICATE OF  OCCUPANCY
FOR  A PROJECT UNTIL THE CONTRACTOR SUBMITS EITHER THE REQUIRED DOCUMEN-
TATION INCLUDING, 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, TOWN OR VILLAGE AND, PAYMENT OF ANY FINE DUE.
  (D) THE CITY, TOWN OR VILLAGE  IS  AUTHORIZED  TO  CONDUCT  AUDITS  OF
CONTRACTORS  TO  DETERMINE AND VALIDATE COMPLIANCE WITH THE REQUIREMENTS
OF THIS SECTION. THE CITY, TOWN OR VILLAGE MAY REQUEST  INFORMATION  AND
DOCUMENTATION RELEVANT TO SUCH AN AUDIT FROM ANY CONTRACTOR.
  (E)  THE  CITY, TOWN OR VILLAGE 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 SEEK-
ING 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,  TOWN  OR  VILLAGE  SHALL  BE SUBJECT TO A FINE OF FIVE
HUNDRED DOLLARS FOR EACH DAY THAT THEY FAIL TO PROVIDE  THE  INFORMATION
OR APPLY FOR A WAIVER.
  (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, TOWN OR VILLAGE SHALL BE ASSESSED A FINE AS FOLLOWS:
  (I)  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
  (II)  FOR  PROJECTS  INVOLVING  LESS  THAN TEN THOUSAND SQUARE FEET OF
RENOVATED, 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 ACTUAL-
LY RECYCLED OR REUSED.
  (C) THE CITY, TOWN OR VILLAGE MAY MODIFY  THE  PENALTIES  REQUIRED  BY
PARAGRAPH (A) OR (B) OF THIS SUBDIVISION FOR FAILURE TO PROVIDE DOCUMEN-
TATION  OR  MEET  THE RECYCLING 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.