S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3121
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M. of A. COLTON, LUPARDO, BLAKE, SALADINO -- Multi-Spon-
   sored by -- M. of A. GLICK, RIVERA, WALKER -- 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:
   § 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.
              

                                                            LBD01183-01-7

 A. 3121                             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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.