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A9213Assembly2009-2010 Session

Allows towns having populations of less than twenty thousand persons to burn brush without a permit

Sponsor Daniel BurlingAD-147+3 co-sponsorsAffects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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History

  1. Held for consideration in environmental conservation
  2. Referred to environmental conservation
  3. Referred to environmental conservation

Full text

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Sponsor's memo

BILL NUMBER:A9213

Title of bill

An act to amend the environmental conservation law, in relation to allowing towns having populations of less than twenty thou- sand persons to burn brush without a permit

Purpose or general idea of bill

Allows a municipality with a population of 20,000 or less to adopt a local law, ordinance, or resolution which exempts such municipality from any code, rule, regulation or standard that would restrict the burning of garbage, refuse or rubbish and provides for the exemption of open fires on land possessed by a single family or utilized as part of a farm operation, at local option.

Summary of specific provisions

Section 1 amends the section 9-1105 of the environmental conservation law by adding a new subsection 7, which authorizes any city or village, or any town with a total town popu- lation, including incorporated or unincorporated areas, of less than 20,000 to adopt and amend local laws, ordinances, or resolutions to exempt such municipality from any code, rule, regulation or standard that would restrict the burning of garbage, refuse or rubbish, in an open fire. In addition, authorizes any city or village, or any town with a total town population, including incorporated or unincorporated areas, of less than 20,000 to adopt and amend local laws, ordinances, or resol- utions which exempt such municipality from any code, rule, regulation or standard that would restrict the burning of garbage, refuse or rubbish, in an open fire on land possessed by a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only animal or vegetable waste is generated as a result of the operation of such farm. The terms "on fire", "garbage", "refuse", and "rubbish" are defined therein.

Justification

Until recently, the open burning of garbage, refuse and rubbish in rural communities was a longstanding means of eliminating waste material. Many rural communities do not have waste management facilities and/or apparatus to transport waste material to such facili- ties. Under current law the DEC is permitted to adopt regulations banning the open burning of such material, and the DEC has, in fact, adopted regulations which removed the previous exemption for towns with populations of 20,000 or less. Rural communities are simply not equipped, and do not have the financial resources, to deal with an onslaught of waste material at this time. This bill would prevent the DEC from significantly burdening rural residents and communities during this recessionary period by allowing such municipalities to opt out of the new statewide ban. This bill will not affect the restriction on burning waste material in cities and village, or in towns with popu- lations of 20,000 or greater.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.