Bill S7455-2013

Requires contractors in certain large cities to recycle 50% of the waste generated on construction and demolition sites

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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  • May 15, 2014: REFERRED TO CITIES

Memo

BILL NUMBER:S7455

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 Construction and Demolition sites by requiring a contractor to use or recycle at least 50% of the Construction and Demolition debris.

SUMMARY OF PROVISIONS: The bill requires that contractors in New York City reuse or recycle a) 25% by weight of the Construction and Demolition debris, for those project which have been issued a permit with an application date within one year of the effective date of the bill; and b) 50% by weight of Construction and Demolition 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 Construction and Demolition 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 materials. 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 Construction and Demolition sites. Although New York City has a voluntary Construction and Demolition 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 Construction and Demolition 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 materials 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 reporting are factored in.

PRIOR LEGISLATIVE HISTORY: 2011-12: A.903/Encon/Codes, S.1107 2009-10: A.1264/Encon/Codes, S.5103/Cities. 2002: Referred to Children and Families.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7455 IN SENATE May 15, 2014 ___________
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: Section 1. Legislative intent. The purpose of this act is to signif- icantly reduce the amount of waste produced by construction and demoli- tion activities in cities having populations of one million or more. There are many opportunities to reduce or recycle materials from construction and demolition, including metals, cardboard, drywall, glass, wood and asphalt. This act is consistent with the goals of large cities' solid waste management plans, complementing other recycling and recovery programs currently in effect. S 2. The general city law is amended by adding a new section 23-a to read as follows: S 23-A. CONSTRUCTION AND DEMOLITION SITE WASTE RECYCLING; CERTAIN CITIES. 1. DEFINITIONS. AS USED IN THIS SECTION: A. "CONTRACTOR" MEANS A GENERAL CONTRACTOR AND SHALL ALSO INCLUDE ANY SUBCONTRACTOR ENGAGED IN THE DEMOLITION OR WRECKING OF A STRUCTURE FOR WHICH A PERMIT IS REQUIRED. B. "CONSTRUCTION AND DEMOLITION DEBRIS" SHALL INCLUDE, BUT NOT BE LIMITED TO, METALS, CARDBOARD, DRYWALL, GLASS, WOOD, CONCRETE, BRICK AND ASPHALT, BUT SHALL NOT INCLUDE ANY MATERIAL THAT IS CONTAMINATED BY LEAD, ASBESTOS OR ANY OTHER HAZARDOUS MATERIAL SUCH THAT RECYCLING THER- EOF WOULD BE ILLEGAL OR UNFEASIBLE. C. "RECYCLER" MEANS A RECYCLING FACILITY, TRANSFER STATION OR OTHER SOLID WASTE MANAGEMENT FACILITY PERMITTED PURSUANT TO THE ENVIRONMENTAL CONSERVATION LAW. D. "REUSE" MEANS (I) THE ON-SITE USE OF REPROCESSED CONSTRUCTION AND DEMOLITION DEBRIS IF THE USE OF SUCH DEBRIS IS AUTHORIZED BY THE CITY DEPARTMENT OF BUILDINGS; AND (II) THE OFF-SITE REDISTRIBUTION OF A MATE-
RIAL WHICH WOULD OTHERWISE BE DISPOSED OF, FOR USE IN THE SAME OR SIMI- LAR FORM AS IT WAS PRODUCED. 2. APPLICABILITY. A. THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE. B. CONTRACTORS SHALL RECYCLE OR REUSE CONSTRUCTION AND DEMOLITION DEBRIS PRODUCED ON SITE AS PART OF CONSTRUCTION OR DEMOLITION ACTIVITIES BY MEETING THE FOLLOWING REQUIREMENTS: (1) ON A PROJECT THAT IS ISSUED A PERMIT WITH AN APPLICATION DATE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE 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. (2) ON A PROJECT THAT IS ISSUED A PERMIT WITH AN APPLICATION DATE A YEAR OR MORE AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 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. C. THE FOLLOWING PROJECTS SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION: (1) CONSTRUCTION OF NEW RESIDENTIAL BUILDINGS WITH FOUR OR MORE DWELL- ING UNITS; (2) CONSTRUCTION OF NEW NON-RESIDENTIAL BUILDINGS, OTHER THAN PROJECTS FOR WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS; (3) ANY REHABILITATION OF NON-RESIDENTIAL BUILDINGS OF MORE THAN FOUR THOUSAND SQUARE FEET THAT WILL REQUIRE A CERTIFICATE OF OCCUPANCY TO BE ISSUED FROM THE CITY; (4) DEMOLITION OF RESIDENTIAL BUILDINGS WITH FOUR OR MORE DWELLING UNITS THAT INCLUDES THE DEMOLITION OF AT LEAST ONE OUTSIDE WALL; AND (5) DEMOLITION OF NON-RESIDENTIAL BUILDINGS, OTHER THAN PROJECTS FOR WHICH THE TOTAL AREA IS FOUR THOUSAND SQUARE FEET OR LESS. D. A PROJECT SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SECTION IF ONLY A PLUMBING PERMIT OR ONLY AN ELECTRICAL PERMIT IS REQUIRED FOR SUCH PROJECT. 3. CONTRACTOR RESPONSIBILITIES. A. WITHIN THIRTY DAYS OF COMPLETION OF A PROJECT, THE CONTRACTOR SHALL SUBMIT DOCUMENTATION TO REPORT COMPLI- ANCE WITH THIS SECTION AND THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION. IF THE CONTRACTOR IS UNABLE TO MEET THE RECYCLING AND REUSE REQUIREMENTS OF THIS SECTION, THE CONTRACTOR MAY APPLY FOR A WAIVER FROM THE CITY. SUCH DOCUMENTATION SHALL BE IN A FORM AND MANNER DETERMINED BY THE CITY DEPARTMENT OF BUILDINGS. B. IF A CONTRACTOR IS UNABLE OR REFUSES TO SUBMIT THE REQUIRED DOCUMENTATION, A PROPERTY OWNER MAY SUBMIT A WAIVER APPLICATION SUPPORTED BY AN AFFIDAVIT THAT THE CONTRACTOR IS UNAVAILABLE OR REFUSES TO PROVIDE THE REQUIRED DOCUMENTATION. C. A CONTRACTOR SHALL COMPLY WITH ALL REASONABLE REQUESTS FOR INFORMA- TION AND DOCUMENTATION BY THE CITY DEPARTMENT OF BUILDINGS PURSUANT TO AN AUDIT TO MONITOR COMPLIANCE WITH THIS SECTION. DOCUMENTATION REQUIRED BY THIS SECTION SHALL BE MAINTAINED FOR AT LEAST THREE YEARS. 4. CITY RESPONSIBILITIES. A. THE CITY SHALL ESTABLISH A PROCEDURE FOR CONTRACTORS TO APPLY FOR WAIVERS OF THE REQUIREMENTS OF THIS SECTION. SUCH REQUIREMENTS SHALL INCLUDE DOCUMENTATION OF THE AMOUNT OF MATERIAL THE CONTRACTOR IS ACTUALLY ABLE TO RECYCLE OR REUSE AND THE REASON OR REASONS FOR WHICH THE CONTRACTOR CANNOT MEET THE RECYCLING AND REUSE REQUIREMENTS IN THIS SECTION. B. THE CITY SHALL NOT ISSUE ANY NEW BUILDING OR DEMOLITION PERMIT TO A CONTRACTOR WHO HAS FAILED TO TIMELY SUBMIT THE REQUIRED DOCUMENTATION
WITH RESPECT TO ANY COMPLETED PROJECT, UNTIL SUCH CONTRACTOR EITHER SUBMITS (1) THE REQUIRED DOCUMENTS INCLUDING, WHERE APPLICABLE, PROOF THAT ANY FINE DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION HAS BEEN PAID IN FULL, OR (2) PROOF OF A WAIVER ISSUED BY THE CITY AND, THE PAYMENT OF ANY FINE DUE. C. THE CITY MAY WITHHOLD A CERTIFICATE OF OCCUPANCY FOR A PROJECT UNTIL THE CONTRACTOR SUBMITS EITHER THE REQUIRED DOCUMENTATION INCLUD- ING, WHERE APPLICABLE, PROOF THAT ANY FINE DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION HAS BEEN PAID IN FULL; OR PROOF OF A WAIVER ISSUED BY THE CITY AND, THE PAYMENT OF ANY FINE DUE. D. THE CITY IS AUTHORIZED TO CONDUCT AUDITS OF CONTRACTORS TO DETER- MINE AND VALIDATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. THE CITY MAY REQUEST INFORMATION AND DOCUMENTATION RELEVANT TO SUCH AN AUDIT FROM ANY CONTRACTOR. E. THE CITY IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH RULES AND REGULATIONS SHALL CONTAIN PROVISIONS FOR SEEKING AND OBTAINING A WAIVER FROM THE PROVISIONS OF THIS SECTION. 5. FINES AND PENALTIES. A. CONTRACTORS WHO FAIL TO PROVIDE THE DOCUMENTATION REQUIRED BY THIS SECTION OR WHO HAVE NOT RECEIVED A WAIVER FROM THE CITY SHALL BE SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS FOR EACH DAY THAT THEY FAIL TO PROVIDE THE INFORMATION OR APPLY FOR A WAIV- ER. B. CONTRACTORS WHO FAIL TO MEET THE RECYCLING OR REUSE REQUIREMENTS OF THIS SECTION AND HAVE APPLIED FOR AND NOT RECEIVED A WAIVER FROM THE CITY SHALL BE ASSESSED A FINE AS FOLLOWS: (1) FOR PROJECTS INVOLVING TEN THOUSAND SQUARE FEET OR MORE OF RENO- VATED, NEWLY CONSTRUCTED OR DEMOLISHED SPACE, FIVE HUNDRED DOLLARS FOR EACH PERCENTAGE POINT OF DIFFERENCE BETWEEN THE AMOUNT REQUIRED BY THIS SECTION TO BE RECYCLED OR REUSED AND THE AMOUNT ACTUALLY RECYCLED OR REUSED; AND (2) FOR PROJECTS INVOLVING LESS THAN TEN THOUSAND SQUARE FEET OF RENO- VATED, NEWLY CONSTRUCTED OR DEMOLISHED SPACE, TWO HUNDRED FIFTY DOLLARS FOR EACH PERCENTAGE POINT OF DIFFERENCE BETWEEN THE AMOUNT REQUIRED BY THIS SECTION TO BE RECYCLED OR REUSED AND THE AMOUNT ACTUALLY RECYCLED OR REUSED. C. THE CITY MAY MODIFY THE PENALTIES REQUIRED BY PARAGRAPH A OR B OF THIS SUBDIVISION FOR FAILURE TO PROVIDE DOCUMENTATION OR MEET THE RECY- CLING AND REUSE REQUIREMENTS, IF IT FINDS THAT THERE ARE EXTENUATING CIRCUMSTANCES FOR SUCH FAILURES. S 3. 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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