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A03699 Summary:

BILL NOA03699
 
SAME ASSAME AS S04103
 
SPONSORColton
 
COSPNSRDinowitz, Perry, Englebright, Rosenthal L, Carroll, Otis, Seawright, D'Urso, Ortiz, Williams, Mosley, Simon, Barron, Rivera, Harris, Solages
 
MLTSPNSRGlick, Gottfried, Lupardo
 
Add 23-a, Gen City L
 
Requires contractors in cities having a population of one million or more to recycle 50% of the waste generated on construction and demolition sites.
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A03699 Actions:

BILL NOA03699
 
01/30/2017referred to environmental conservation
04/25/2017reported referred to codes
05/02/2017reported referred to ways and means
01/03/2018referred to ways and means
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A03699 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3699
 
SPONSOR: Colton (MS)
  TITLE OF BILL: An act to amend the general city law, in relation to requiring contractors in certain cities to recycle construction and demolition site waste   PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to reduce the solid waste disposal from C&D sites by requiring a contractor to use or recycle at least 50% of the C&D debris.   SUMMARY OF SPECIFIC PROVISIONS: The bill requires that contractors in New York City to reuse or recycle a) 25% by weight of the C&D debris, for those project which have been issued a permit with an application date within one year of the effec- tive date of the bill; and b) 50 % by weight of C&D debris for those projects issued a permit with an application of more than one year after the effective date of the bill. The bill defines the types of projects that would be subject to the recycling/reuse requirements. Contractors would be required to document their C&D debris recycling/reuse. The bill contains penalties for violations of the requirements of the program.   JUSTIFICATION: According to a study released by the NYC Department of Sanitation (DOS), 60% of the solid waste stream consists of construction and debris mate- rials. The purpose of the legislation is to significantly reduce the amount of waste produced by construction and demolition activities. There are many opportunities to reduce or recycle materials, including metals, cardboard, drywall, glass, wood, glass and asphalt, from C&D sites. Although New York City has a voluntary C&D reuse and recycling program and has produced a manual for contractors on how to manage these wastes, there is no requirement to do so. Furthermore, NYC has failed to include C&D waste reuse and recycling in its Solid Waste Management Plan update. Given continuing problems with managing garbage, this bill could significantly reduce materials going into landfills by requiring their reuse and recycling. The DOS estimates that 60% of fill materials and 40% of non-fill materi- als are currently being recycled. This legislation requires a 50% rate after one year of enactment, and poses no significant financial burden to contractors. In fact, a study released by The Boston Society of Architects states that recycling construction and debris materials is considerably less-expensive than the cost attributed to hauling the waste to a landfill and paying tonnage fees. These savings are realized even after all costs for planning, training, recordkeeping, and report- ing are factored in.   PRIOR LEGISLATIVE HISTORY: 2013-14: A.1688/Codes, S.7455/Cities 2011-12: A.903/Encon/Codes, S.1107 2009-10: A.1264/Encon/Codes, S.5103/Cities.   FISCAL IMPLICATIONS: The bill will have minimum administrative impacts on New York City.   EFFECTIVE DATE: This act would take effect January one after it becomes law.
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A03699 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3699
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by  M. of A. COLTON, DINOWITZ, PERRY, ENGLEBRIGHT, ROSENTHAL
          -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED,  LUPARDO,  RIVERA,
          SALADINO  --  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:
 
     1    Section  1.  Legislative intent. The purpose of this act is to signif-
     2  icantly reduce the amount of waste produced by construction and  demoli-
     3  tion  activities  in  cities  having populations of one million or more.
     4  There are  many  opportunities  to  reduce  or  recycle  materials  from
     5  construction  and  demolition,  including  metals,  cardboard,  drywall,
     6  glass, wood and asphalt. This act is consistent with the goals of  large
     7  cities'  solid waste management plans, complementing other recycling and
     8  recovery programs currently in effect.
     9    § 2.  The general city law is amended by adding a new section 23-a  to
    10  read as follows:
    11    §  23-a.    Construction  and demolition site waste recycling; certain
    12  cities. 1. Definitions. As used in this section:
    13    a. "Contractor" means a general contractor and shall also include  any
    14  subcontractor  engaged  in the demolition or wrecking of a structure for
    15  which a permit is required.
    16    b. "Construction and demolition debris"  shall  include,  but  not  be
    17  limited to, metals, cardboard, drywall, glass, wood, concrete, brick and
    18  asphalt,  but  shall  not  include  any material that is contaminated by
    19  lead, asbestos or any other hazardous material such that recycling ther-
    20  eof would be illegal or unfeasible.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01513-01-7

        A. 3699                             2
 
     1    c. "Recycler" means a recycling facility, transfer  station  or  other
     2  solid  waste management facility permitted pursuant to the environmental
     3  conservation law.
     4    d.  "Reuse"  means (i) the on-site use of reprocessed construction and
     5  demolition debris if the use of such debris is authorized  by  the  city
     6  department of buildings; and (ii) the off-site redistribution of a mate-
     7  rial  which would otherwise be disposed of, for use in the same or simi-
     8  lar form as it was produced.
     9    2. Applicability. a.  The provisions of this section shall apply  only
    10  in cities having a population of one million or more.
    11    b.  Contractors  shall  recycle  or  reuse construction and demolition
    12  debris produced on site as part of construction or demolition activities
    13  by meeting the following requirements:
    14    (1) on a project that is issued a  permit  with  an  application  date
    15  within  one  year  of the effective date of this section, the contractor
    16  shall cause to be recycled or reused at least twenty-five percent of the
    17  construction and demolition debris, as measured by weight,  produced  on
    18  site.
    19    (2)  on  a  project that is issued a permit with an application date a
    20  year or more after the effective date of this  section,  the  contractor
    21  shall  cause  to  be  recycled  or  reused at least fifty percent of the
    22  construction and demolition debris, as measured by weight,  produced  on
    23  site.
    24    c.  The  following projects shall be subject to the provisions of this
    25  section:
    26    (1) Construction of new residential buildings with four or more dwell-
    27  ing units;
    28    (2) Construction of new non-residential buildings, other than projects
    29  for which the total area is four thousand square feet or less;
    30    (3) Any rehabilitation of non-residential buildings of more than  four
    31  thousand  square feet that will require a certificate of occupancy to be
    32  issued from the city;
    33    (4) Demolition of residential buildings with  four  or  more  dwelling
    34  units that includes the demolition of at least one outside wall; and
    35    (5)  Demolition  of non-residential buildings, other than projects for
    36  which the total area is four thousand square feet or less.
    37    d. A project shall be exempt from the provisions of  this  section  if
    38  only a plumbing permit or only an electrical permit is required for such
    39  project.
    40    3. Contractor responsibilities. a. Within thirty days of completion of
    41  a  project,  the contractor shall submit documentation to report compli-
    42  ance with this section and the regulations promulgated pursuant to  this
    43  section.  If  the  contractor  is unable to meet the recycling and reuse
    44  requirements of this section, the contractor may apply for a waiver from
    45  the city. Such documentation shall be in a form and manner determined by
    46  the city department of buildings.
    47    b. If a contractor  is  unable  or  refuses  to  submit  the  required
    48  documentation,   a  property  owner  may  submit  a  waiver  application
    49  supported by an affidavit that the contractor is unavailable or  refuses
    50  to provide the required documentation.
    51    c. A contractor shall comply with all reasonable requests for informa-
    52  tion  and  documentation by the city department of buildings pursuant to
    53  an audit  to  monitor  compliance  with  this  section.    Documentation
    54  required by this section shall be maintained for at least three years.
    55    4.  City responsibilities. a. The city shall establish a procedure for
    56  contractors to apply for waivers of the requirements  of  this  section.

        A. 3699                             3
 
     1  Such  requirements shall include documentation of the amount of material
     2  the contractor is actually able to recycle or reuse and  the  reason  or
     3  reasons  for  which  the  contractor cannot meet the recycling and reuse
     4  requirements in this section.
     5    b. The city shall not issue any new building or demolition permit to a
     6  contractor  who  has  failed to timely submit the required documentation
     7  with respect to any completed  project,  until  such  contractor  either
     8  submits  (1)  the  required documents including, where applicable, proof
     9  that any fine due pursuant to subdivision five of this section has  been
    10  paid  in  full,  or  (2)  proof  of a waiver issued by the city and, the
    11  payment of any fine due.
    12    c. The city may withhold a certificate  of  occupancy  for  a  project
    13  until  the  contractor submits either the required documentation includ-
    14  ing, where applicable, proof that any fine due pursuant  to  subdivision
    15  five  of this section has been paid in full; or proof of a waiver issued
    16  by the city and, the payment of any fine due.
    17    d. The city is authorized to conduct audits of contractors  to  deter-
    18  mine and validate compliance with the requirements of this section.  The
    19  city may request information and documentation relevant to such an audit
    20  from any contractor.
    21    e.  The city is authorized to promulgate such rules and regulations as
    22  necessary to implement the provisions of this section.  Such  rules  and
    23  regulations  shall contain provisions for seeking and obtaining a waiver
    24  from the provisions of this section.
    25    5. Fines and  penalties.  a.  Contractors  who  fail  to  provide  the
    26  documentation required by this section or who have not received a waiver
    27  from  the  city  shall  be subject to a fine of five hundred dollars for
    28  each day that they fail to provide the information or apply for a  waiv-
    29  er.
    30    b. Contractors who fail to meet the recycling or reuse requirements of
    31  this  section  and  have  applied for and not received a waiver from the
    32  city shall be assessed a fine as follows:
    33    (1) for projects involving ten thousand square feet or more  of  reno-
    34  vated,  newly  constructed or demolished space, five hundred dollars for
    35  each percentage point of difference between the amount required by  this
    36  section  to  be  recycled  or reused and the amount actually recycled or
    37  reused; and
    38    (2) for projects involving less than ten thousand square feet of reno-
    39  vated, newly constructed or demolished space, two hundred fifty  dollars
    40  for  each  percentage point of difference between the amount required by
    41  this section to be recycled or reused and the amount  actually  recycled
    42  or reused.
    43    c.  The  city may modify the penalties required by paragraph a or b of
    44  this subdivision for failure to provide documentation or meet the  recy-
    45  cling  and  reuse  requirements,  if it finds that there are extenuating
    46  circumstances for such failures.
    47    § 3. This act shall take effect on the first of January next  succeed-
    48  ing the date on which it shall have become a law.
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