NY State Senate Bill 2023-S4826

Senate Bill S4826

2023-2024 Legislative Session

Requires state agencies and contractors to recycle 50% of the waste generated on public works construction and demolition sites

download bill text pdf

Current Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Feb 15, 2023	referred to finance

2023-S4826 (ACTIVE) - Details

See Assembly Version of this Bill:: A2540
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §163-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1576
2011-2012: A990
2013-2014: A1254
2015-2016: S5392, A4672
2017-2018: S1388, A3121
2019-2020: S6875, A3365
2021-2022: S3147, A3937

2023-S4826 (ACTIVE) - Summary

Requires state agencies and contractors to recycle a certain percentage of the waste generated on public works construction and demolition sites.

2023-S4826 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4826

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
PURPOSE OF THE BILL:

The purpose of the bill is to reduce the solid waste disposal from C&D
sites by requiring State agencies and their contractor to reuse or recy-
cle at least 50'i, of the C&D debris from their projects:

 
SUMMARY OF PROVISIONS:

The bill requires that State agencies and their contractors reuse or
recycle at least a) 25's by weight of their C&D debris within one year
of the effective date of the bill; and b) 50 by weight of C&D debris for
those projects more than one year after the effective date of the bill.
The bill defines State agencies to include SUNY and CUNY, NYSERDA,

Dormitory Authority, Facilities Development Corp. and NYS Science and
Technology Foundation. State agencies and their contractors would be
required to document their C&D waste.

 
JUSTIFICATION:

The purpose of the legislation is hold NYS agencies and their contrac-
tors to requirements for reuse and recycling of C&D waste to demonstrate
the State's commitment to significantly reduce the amount of waste
produced by construction and demolition, activities. There are many
opportunities to reduce or recycle materials, including metals, card-
board, drywall, glass, wood, glass and asphalt, from C &D sites. The NYS
Department of Environmental Conservation Solid Waste Management Plan,
last updated in 2000, only makes passing reference to evaluating the
reuse, recycling and recovery of C&D waste. Given continuing problems
with managing garbage, this bill could significantly reduce materials
going into landfills by requiring their reuse and recycling.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE FINANCE

2021-22 referred to assembly governmental operations

2019-20 REFERRED TO SENATE FINANCE

2019-20 referred to assembly governmental operations

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill should have minimum administrative impacts on State and local
government and in fact should reduce waste disposal costs.

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

2023-S4826 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4826
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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
 AND  THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR   CONTRACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00448-01-3

 S. 4826                             2
 
 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.

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