S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3992
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. COLTON, LUPARDO, M. MILLER, DICKENS, SEAWRIGHT,
   ABINANTI, WILLIAMS, BARRON, J. RIVERA, SOLAGES --  Multi-Sponsored  by
   --  M. of A.  GLICK, WALKER -- read once and referred 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 27-0721 to read as follows:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05862-01-1
              

 A. 3992                             2
 
 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 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

 A. 3992                             3
 
 TO  RECYCLE  OR REUSE AND THE REASON OR REASONS FOR WHICH THE CONTRACTOR
 CANNOT MEET THE RECYCLING AND REUSE REQUIREMENTS IN THIS SECTION.
   (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.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.