NY State Senate Bill 2017-S4103

Senate Bill S4103

2017-2018 Legislative Session

Requires contractors in certain large cities to recycle 50% of the waste generated on construction and demolition sites

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Feb 03, 2017	referred to cities

2017-S4103 (ACTIVE) - Details

See Assembly Version of this Bill:: A3699
Current Committee:: Senate Cities
Law Section:: General City Law
Laws Affected:: Add §23-a, Gen City L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5103, A1264
2011-2012: S1107, A903
2013-2014: S7455, A1688
2015-2016: S3271, A4758
2019-2020: S1587, A3203
2021-2022: S6228, A4155
2023-2024: S4720, A1836

2017-S4103 (ACTIVE) - Summary

Requires contractors in cities having a population of one million or more to recycle 50% of the waste generated on construction and demolition sites.

2017-S4103 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4103

 TITLE OF BILL :

An act to amend the general city law, in relation to requiring
contractors in certain cities to recycle construction and demolition
site waste

 PURPOSE :

The purpose of the bill is to reduce the solid waste disposal from
Construction and Demolition sites by requiring a contractor to use or
recycle at least 50% of the Construction and Demolition debris.

 SUMMARY OF PROVISIONS :

The bill requires that contractors in New York City reuse or recycle
a) 25% by weight of the Construction and Demolition debris, for those
project which have been issued a permit with an application date
within one year of the effective date of the bill; and b) 50% by
weight of Construction and Demolition debris for those projects issued
a permit with an application of more than one year after the effective
date of the bill. The bill defines the types of projects that would be
subject to the recycling/reuse requirements.  Contractors would be
required to document their Construction and Demolition debris
recycling/reuse. The bill contains penalties for violations of the

requirements of the program.

 EXISTING LAW :

New law

 JUSTIFICATION :

According to a study released by the NYC Department of Sanitation
(DOS), 60% of the solid waste stream consists of construction and
debris materials. The purpose of the legislation is to significantly
reduce the amount of waste produced by construction and demolition
activities. There are many opportunities to reduce or recycle
materials, including metals, cardboard, drywall, glass, wood, glass
and asphalt, from Construction and Demolition sites. Although New York
City has a voluntary Construction and Demolition reuse and recycling
program and has produced a manual for contractors on how to manage
these wastes, there is no requirement to do so. Furthermore, NYC has
failed to include Construction and Demolition waste reuse and
recycling in its Solid Waste Management Plan update. Given continuing
problems with managing garbage, this bill could significantly reduce
materials going into landfills by requiring their reuse and recycling.

The DOS estimates that 60% of fill materials and 40% of non-fill
materials are currently being recycled. This legislation requires a
50% rate after one year of enactment, and poses no significant
financial burden to contractors. In fact, a study released by The
Boston Society of Architects states that recycling construction and
debris materials is considerably less-expensive than the cost
attributed to hauling the waste to a landfill and paying tonnage fees.
These savings are realized even after all costs for planning,
training, recordkeeping, and reporting are factored in.

 LEGISLATIVE HISTORY :

01/06/16 Referred to Cities
02/04/15 Referred to Cities

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

The bill will have minimum administrative impacts on New York City.

 EFFECTIVE DATE :
This act would take effect January one after it becomes law.

2017-S4103 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4103
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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.
   § 2.  The general city law is amended by adding a new section 23-a  to
 read as follows:
   §  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.
                                                            LBD01513-01-7

 S. 4103                             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. 4103                             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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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