S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3203
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M. of A. COLTON, DINOWITZ, PERRY, ENGLEBRIGHT, L. ROSEN-
   THAL, CARROLL,  OTIS,  SEAWRIGHT,  D'URSO,  ORTIZ,  WILLIAMS,  MOSLEY,
   SIMON,  BARRON,  RIVERA,  SOLAGES,  COOK,  RAIA,  BLAKE,  GOTTFRIED --
   Multi-Sponsored by -- M. of A.   GLICK, HYNDMAN,  LUPARDO,  WRIGHT  --
   read once and referred to the Committee on Environmental Conservation

 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03752-01-9
              

 A. 3203                             2
 
   C.  "RECYCLER"  MEANS  A RECYCLING FACILITY, TRANSFER STATION OR OTHER
 SOLID WASTE MANAGEMENT FACILITY PERMITTED PURSUANT TO THE  ENVIRONMENTAL
 CONSERVATION LAW.
   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.

 A. 3203                             3
 
 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.
   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.