S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4758
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by  M. of A. COLTON, BROOK-KRASNY, CLARK, DINOWITZ, SCHIMEL,
         PERRY, ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by -- M. of A.  BREN-
         NAN,  GLICK,  GOTTFRIED,  LUPARDO, ROBINSON, 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    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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06696-01-5
       A. 4758                             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. 4758                             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    S 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.