S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5099
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   allowing towns having populations of less than twenty thousand persons
   to burn brush without a permit

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9-1105  of the environmental conservation law is
 amended by adding a new subdivision 7 to read as follows:
   7. EXEMPTION. (A) ANY CITY OR VILLAGE, OR ANY TOWN WITH A  TOTAL  TOWN
 POPULATION, INCLUDING INCORPORATED OR UNINCORPORATED AREAS, OF LESS THAN
 TWENTY  THOUSAND IS HEREBY FURTHER AUTHORIZED AND EMPOWERED TO ADOPT AND
 AMEND LOCAL LAWS, ORDINANCES, OR RESOLUTIONS WHICH EXEMPT  SUCH  MUNICI-
 PALITY  FROM  ANY CODE, RULE, REGULATION OR STANDARD THAT WOULD RESTRICT
 THE BURNING OF GARBAGE, REFUSE OR RUBBISH, AS DEFINED IN  THIS  SECTION,
 IN  AN  OPEN  FIRE. IN ADDITION, ANY CITY OR VILLAGE, OR ANY TOWN WITH A
 TOTAL TOWN POPULATION, INCLUDING INCORPORATED OR  UNINCORPORATED  AREAS,
 OF  LESS THAN TWENTY THOUSAND IS HEREBY FURTHER AUTHORIZED AND EMPOWERED
 TO ADOPT AND AMEND LOCAL LAWS, ORDINANCES, OR RESOLUTIONS  WHICH  EXEMPT
 SUCH MUNICIPALITY FROM ANY CODE, RULE, REGULATION OR STANDARD THAT WOULD
 RESTRICT  THE  BURNING OF GARBAGE, REFUSE OR RUBBISH, AS DEFINED IN THIS
 SECTION, IN AN OPEN FIRE ON LAND POSSESSED BY A SINGLE FAMILY, A  MEMBER
 OF WHICH IS THE OWNER, OCCUPANT OR LESSEE OF SAID LAND, OR ANY PART OF A
 FARM ON WHICH ONLY ANIMAL OR VEGETABLE WASTE IS GENERATED AS A RESULT OF
 THE OPERATION OF SUCH FARM.
   (B)  FOR  THE  PURPOSES  OF THIS SUBDIVISION THE FOLLOWING DEFINITIONS
 SHALL APPLY:
   (I) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
 PROCESS FROM WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY  INTO  THE
 OUTDOOR ATMOSPHERE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07607-01-9
              

 A. 5099                             2
 
   (II)  "GARBAGE"  SHALL  MEAN  THE ANIMAL AND VEGETABLE WASTE RESULTING
 FROM THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
   (III) "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMIT-
 ED TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.
   (IV)  "RUBBISH"  SHALL  MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING
 BUT NOT LIMITED TO, PAPER AND PAPER PRODUCTS,  RAGS,  TREES  OR  LEAVES,
 NEEDLES  AND  BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNI-
 TURE, WOOD, AND SAWDUST.
   § 2. This act shall take effect immediately.