S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3271
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2015
                                      ___________
       Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       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    S 2.  The general city law is amended by adding a new section 23-a  to
   10  read as follows:
   11    S  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.
   21    C. "RECYCLER" MEANS A RECYCLING FACILITY, TRANSFER  STATION  OR  OTHER
   22  SOLID  WASTE MANAGEMENT FACILITY PERMITTED PURSUANT TO THE ENVIRONMENTAL
   23  CONSERVATION LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06696-01-5
       S. 3271                             2
    1    D. "REUSE" MEANS (I) THE ON-SITE USE OF REPROCESSED  CONSTRUCTION  AND
    2  DEMOLITION  DEBRIS  IF  THE USE OF SUCH DEBRIS IS AUTHORIZED BY THE CITY
    3  DEPARTMENT OF BUILDINGS; AND (II) THE OFF-SITE REDISTRIBUTION OF A MATE-
    4  RIAL WHICH WOULD OTHERWISE BE DISPOSED OF, FOR USE IN THE SAME OR  SIMI-
    5  LAR FORM AS IT WAS PRODUCED.
    6    2.  APPLICABILITY. A.  THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY
    7  IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE.
    8    B. CONTRACTORS SHALL RECYCLE  OR  REUSE  CONSTRUCTION  AND  DEMOLITION
    9  DEBRIS PRODUCED ON SITE AS PART OF CONSTRUCTION OR DEMOLITION ACTIVITIES
   10  BY MEETING THE FOLLOWING REQUIREMENTS:
   11    (1)  ON  A  PROJECT  THAT  IS ISSUED A PERMIT WITH AN APPLICATION DATE
   12  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SECTION,  THE  CONTRACTOR
   13  SHALL CAUSE TO BE RECYCLED OR REUSED AT LEAST TWENTY-FIVE PERCENT OF THE
   14  CONSTRUCTION  AND  DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON
   15  SITE.
   16    (2) ON A PROJECT THAT IS ISSUED A PERMIT WITH AN  APPLICATION  DATE  A
   17  YEAR  OR  MORE  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE CONTRACTOR
   18  SHALL CAUSE TO BE RECYCLED OR REUSED  AT  LEAST  FIFTY  PERCENT  OF  THE
   19  CONSTRUCTION  AND  DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON
   20  SITE.
   21    C. THE FOLLOWING PROJECTS SHALL BE SUBJECT TO THE PROVISIONS  OF  THIS
   22  SECTION:
   23    (1) CONSTRUCTION OF NEW RESIDENTIAL BUILDINGS WITH FOUR OR MORE DWELL-
   24  ING UNITS;
   25    (2) CONSTRUCTION OF NEW NON-RESIDENTIAL BUILDINGS, OTHER THAN PROJECTS
   26  FOR WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS;
   27    (3)  ANY REHABILITATION OF NON-RESIDENTIAL BUILDINGS OF MORE THAN FOUR
   28  THOUSAND SQUARE FEET THAT WILL REQUIRE A CERTIFICATE OF OCCUPANCY TO  BE
   29  ISSUED FROM THE CITY;
   30    (4)  DEMOLITION  OF  RESIDENTIAL  BUILDINGS WITH FOUR OR MORE DWELLING
   31  UNITS THAT INCLUDES THE DEMOLITION OF AT LEAST ONE OUTSIDE WALL; AND
   32    (5) DEMOLITION OF NON-RESIDENTIAL BUILDINGS, OTHER THAN  PROJECTS  FOR
   33  WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS.
   34    D.  A  PROJECT  SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SECTION IF
   35  ONLY A PLUMBING PERMIT OR ONLY AN ELECTRICAL PERMIT IS REQUIRED FOR SUCH
   36  PROJECT.
   37    3. CONTRACTOR RESPONSIBILITIES. A. WITHIN THIRTY DAYS OF COMPLETION OF
   38  A PROJECT, THE CONTRACTOR SHALL SUBMIT DOCUMENTATION TO  REPORT  COMPLI-
   39  ANCE  WITH THIS SECTION AND THE REGULATIONS PROMULGATED PURSUANT TO THIS
   40  SECTION. IF THE CONTRACTOR IS UNABLE TO MEET  THE  RECYCLING  AND  REUSE
   41  REQUIREMENTS OF THIS SECTION, THE CONTRACTOR MAY APPLY FOR A WAIVER FROM
   42  THE CITY. SUCH DOCUMENTATION SHALL BE IN A FORM AND MANNER DETERMINED BY
   43  THE CITY DEPARTMENT OF BUILDINGS.
   44    B.  IF  A  CONTRACTOR  IS  UNABLE  OR  REFUSES  TO SUBMIT THE REQUIRED
   45  DOCUMENTATION,  A  PROPERTY  OWNER  MAY  SUBMIT  A  WAIVER   APPLICATION
   46  SUPPORTED  BY AN AFFIDAVIT THAT THE CONTRACTOR IS UNAVAILABLE OR REFUSES
   47  TO PROVIDE THE REQUIRED DOCUMENTATION.
   48    C. A CONTRACTOR SHALL COMPLY WITH ALL REASONABLE REQUESTS FOR INFORMA-
   49  TION AND DOCUMENTATION BY THE CITY DEPARTMENT OF BUILDINGS  PURSUANT  TO
   50  AN  AUDIT  TO  MONITOR  COMPLIANCE  WITH  THIS  SECTION.   DOCUMENTATION
   51  REQUIRED BY THIS SECTION SHALL BE MAINTAINED FOR AT LEAST THREE YEARS.
   52    4. CITY RESPONSIBILITIES. A. THE CITY SHALL ESTABLISH A PROCEDURE  FOR
   53  CONTRACTORS  TO  APPLY  FOR WAIVERS OF THE REQUIREMENTS OF THIS SECTION.
   54  SUCH REQUIREMENTS SHALL INCLUDE DOCUMENTATION OF THE AMOUNT OF  MATERIAL
   55  THE  CONTRACTOR  IS  ACTUALLY ABLE TO RECYCLE OR REUSE AND THE REASON OR
       S. 3271                             3
    1  REASONS FOR WHICH THE CONTRACTOR CANNOT MEET  THE  RECYCLING  AND  REUSE
    2  REQUIREMENTS IN THIS SECTION.
    3    B. THE CITY SHALL NOT ISSUE ANY NEW BUILDING OR DEMOLITION PERMIT TO A
    4  CONTRACTOR  WHO  HAS  FAILED TO TIMELY SUBMIT THE REQUIRED DOCUMENTATION
    5  WITH RESPECT TO ANY COMPLETED  PROJECT,  UNTIL  SUCH  CONTRACTOR  EITHER
    6  SUBMITS  (1)  THE  REQUIRED DOCUMENTS INCLUDING, WHERE APPLICABLE, PROOF
    7  THAT ANY FINE DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION HAS  BEEN
    8  PAID  IN  FULL,  OR  (2)  PROOF  OF A WAIVER ISSUED BY THE CITY AND, THE
    9  PAYMENT OF ANY FINE DUE.
   10    C. THE CITY MAY WITHHOLD A CERTIFICATE  OF  OCCUPANCY  FOR  A  PROJECT
   11  UNTIL  THE  CONTRACTOR SUBMITS EITHER THE REQUIRED DOCUMENTATION INCLUD-
   12  ING, WHERE APPLICABLE, PROOF THAT ANY FINE DUE PURSUANT  TO  SUBDIVISION
   13  FIVE  OF THIS SECTION HAS BEEN PAID IN FULL; OR PROOF OF A WAIVER ISSUED
   14  BY THE CITY AND, THE PAYMENT OF ANY FINE DUE.
   15    D. THE CITY IS AUTHORIZED TO CONDUCT AUDITS OF CONTRACTORS  TO  DETER-
   16  MINE AND VALIDATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.  THE
   17  CITY MAY REQUEST INFORMATION AND DOCUMENTATION RELEVANT TO SUCH AN AUDIT
   18  FROM ANY CONTRACTOR.
   19    E.  THE CITY IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS AS
   20  NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.  SUCH  RULES  AND
   21  REGULATIONS  SHALL CONTAIN PROVISIONS FOR SEEKING AND OBTAINING A WAIVER
   22  FROM THE PROVISIONS OF THIS SECTION.
   23    5. FINES AND  PENALTIES.  A.  CONTRACTORS  WHO  FAIL  TO  PROVIDE  THE
   24  DOCUMENTATION REQUIRED BY THIS SECTION OR WHO HAVE NOT RECEIVED A WAIVER
   25  FROM  THE  CITY  SHALL  BE SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS FOR
   26  EACH DAY THAT THEY FAIL TO PROVIDE THE INFORMATION OR APPLY FOR A  WAIV-
   27  ER.
   28    B. CONTRACTORS WHO FAIL TO MEET THE RECYCLING OR REUSE REQUIREMENTS OF
   29  THIS  SECTION  AND  HAVE  APPLIED FOR AND NOT RECEIVED A WAIVER FROM THE
   30  CITY SHALL BE ASSESSED A FINE AS FOLLOWS:
   31    (1) FOR PROJECTS INVOLVING TEN THOUSAND SQUARE FEET OR MORE  OF  RENO-
   32  VATED,  NEWLY  CONSTRUCTED OR DEMOLISHED SPACE, FIVE HUNDRED DOLLARS FOR
   33  EACH PERCENTAGE POINT OF DIFFERENCE BETWEEN THE AMOUNT REQUIRED BY  THIS
   34  SECTION  TO  BE  RECYCLED  OR REUSED AND THE AMOUNT ACTUALLY RECYCLED OR
   35  REUSED; AND
   36    (2) FOR PROJECTS INVOLVING LESS THAN TEN THOUSAND SQUARE FEET OF RENO-
   37  VATED, NEWLY CONSTRUCTED OR DEMOLISHED SPACE, TWO HUNDRED FIFTY  DOLLARS
   38  FOR  EACH  PERCENTAGE POINT OF DIFFERENCE BETWEEN THE AMOUNT REQUIRED BY
   39  THIS SECTION TO BE RECYCLED OR REUSED AND THE AMOUNT  ACTUALLY  RECYCLED
   40  OR REUSED.
   41    C.  THE  CITY MAY MODIFY THE PENALTIES REQUIRED BY PARAGRAPH A OR B OF
   42  THIS SUBDIVISION FOR FAILURE TO PROVIDE DOCUMENTATION OR MEET THE  RECY-
   43  CLING  AND  REUSE  REQUIREMENTS,  IF IT FINDS THAT THERE ARE EXTENUATING
   44  CIRCUMSTANCES FOR SUCH FAILURES.
   45    S 3. This act shall take effect on the first of January next  succeed-
   46  ing the date on which it shall have become a law.