Bill Text: NY S05392 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO FINANCE [S05392 Detail]

Download: New_York-2015-S05392-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5392
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- 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:
    1    Section  1. The executive law is amended by adding a new section 163-b
    2  to read as follows:
    3    S 163-B.  CONSTRUCTION AND DEMOLITION SITE WASTE RECYCLING. 1. AS USED
    4  IN THIS SECTION:
    5    (A) "CONTRACTOR" MEANS A GENERAL CONTRACTOR HAVING A CONTRACT  WITH  A
    6  STATE AGENCY, AND ALL SUBCONTRACTORS OF SUCH GENERAL CONTRACTOR PERFORM-
    7  ING PUBLIC WORK PURSUANT TO SUCH CONTRACT.
    8    (B) "CONSTRUCTION AND DEMOLITION DEBRIS" SHALL NOT INCLUDE ANY MATERI-
    9  AL THAT IS CONTAMINATED BY LEAD, ASBESTOS OR OTHER HAZARDOUS MATERIAL IN
   10  SUCH A WAY AS TO RENDER RECYCLING ILLEGAL OR IMPOSSIBLE.
   11    (C)  "RECYCLER"  MEANS A RECYCLING FACILITY, TRANSFER STATION OR OTHER
   12  WASTE HANDLING FACILITY PERMITTED PURSUANT TO THIS ARTICLE WHICH ACCEPTS
   13  CONSTRUCTION AND DEMOLITION DEBRIS FOR RECYCLING OR FOR FURTHER TRANSFER
   14  TO A RECYCLING FACILITY.
   15    (D) "REUSE" MEANS (I) THE ON-SITE USE OF REPROCESSED CONSTRUCTION  AND
   16  DEMOLITION  DEBRIS  IF  SUCH ON-SITE USE IS AUTHORIZED IN WRITING BY THE
   17  COMMISSIONER; AND (II) THE OFF-SITE REDISTRIBUTION OF A  MATERIAL  WHICH
   18  WOULD  OTHERWISE  BE DISPOSED OF, FOR USE IN THE SAME OR SIMILAR FORM AS
   19  IT WAS PRODUCED.
   20    (E) "STATE AGENCY" SHALL MEAN (1) (I) ANY STATE  DEPARTMENT,  OR  (II)
   21  ANY  DIVISION,  BOARD,  COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR
   22  (III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVERSITY  OF  NEW
   23  YORK,  INCLUDING  ALL  THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES
   24  AND  THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR   CONTRACT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06434-01-5
       S. 5392                             2
    1  COLLEGES  ON  BEHALF  OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
    2  MEMBERS ARE APPOINTED BY THE GOVERNOR OR WHO SERVE BY  VIRTUE  OF  BEING
    3  STATE  OFFICERS  OR  EMPLOYEES  AS  DEFINED IN SUBPARAGRAPH (I), (II) OR
    4  (III)  OF  PARAGRAPH  (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
    5  THE PUBLIC OFFICERS LAW.
    6    (2) THE FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS  ENTERED  INTO
    7  FOR  ITS  OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS DEFINED IN
    8  SUBPARAGRAPH ONE OF THIS PARAGRAPH:
    9    DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
   10    FACILITIES DEVELOPMENT CORPORATION;
   11    NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
   12    NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
   13    2. EVERY STATE AGENCY AND EVERY CONTRACTOR PERFORMING PUBLIC WORK  FOR
   14  A STATE AGENCY SHALL RECYCLE OR REUSE CONSTRUCTION AND DEMOLITION DEBRIS
   15  PRODUCED  ON  SITE  AS  PART OF CONSTRUCTION OR DEMOLITION ACTIVITIES BY
   16  MEETING THE FOLLOWING REQUIREMENTS:
   17    (A) ON A PUBLIC WORKS PROJECT COMMENCED WITHIN ONE YEAR OF THE  EFFEC-
   18  TIVE DATE OF THIS SECTION, THE STATE AGENCY OR CONTRACTOR SHALL CAUSE TO
   19  BE  RECYCLED  OR REUSED AT LEAST TWENTY-FIVE PERCENT OF THE CONSTRUCTION
   20  AND DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON SITE.
   21    (B) ON A PUBLIC WORKS PROJECT COMMENCED ONE YEAR  OR  MORE  AFTER  THE
   22  EFFECTIVE  DATE  OF  THIS  SECTION, THE STATE AGENCY OR CONTRACTOR SHALL
   23  CAUSE  TO  BE  RECYCLED  OR  REUSED  AT  LEAST  FIFTY  PERCENT  OF   THE
   24  CONSTRUCTION  AND  DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON
   25  SITE.
   26    3. WITHIN THIRTY DAYS OF COMPLETION OF A  PUBLIC  WORKS  PROJECT,  THE
   27  STATE AGENCY OR CONTRACTOR SHALL SUBMIT DOCUMENTATION TO THE STATE COMP-
   28  TROLLER  TO  REPORT COMPLIANCE WITH THIS SECTION. DOCUMENTATION SHALL BE
   29  IN A FORM PRESCRIBED BY THE STATE  COMPTROLLER,  AND  SHALL  CONSIST  OF
   30  NOTARIZED  AFFIDAVITS  FROM THE STATE AGENCY OR CONTRACTOR AND THE WASTE
   31  HAULER OR RECYCLER FOR THE PUBLIC WORKS PROJECT CERTIFYING THE EXTENT TO
   32  WHICH THE PUBLIC WORKS PROJECT COMPLIES WITH THIS SECTION.
   33    S 2. This act shall take effect on the first of January next  succeed-
   34  ing the date on which it shall have become a law.