What's happening
This bill temporarily prohibits the state from restricting open burning of garbage, refuse, or rubbish on single-family and farm properties in towns under 20,000 people.
Why it matters
Impacts rural and small-town property owners. This bill specifically benefits residents of single-family homes and farms in towns with fewer than 20,000 people, potentially affecting many rural communities where alternative waste disposal options may be limited or costly.
Limits state environmental regulation. By preventing the Department of Environmental Conservation from setting or enforcing open burning restrictions in these areas, the bill could lead to increased local control but also raises questions about statewide air quality standards and public health protections.
Defines what can be burned. The bill clearly specifies the types of waste—such as food scraps, yard debris, paper, and even dead animals—that fall under the exemption, which could influence both daily practices and the environmental impact in affected localities.
Temporary change with a set expiration. The prohibition on state regulation is not permanent; it’s set to automatically expire in December 2021. This creates a window for lawmakers and communities to observe the effects and reconsider or revise the policy based on outcomes.
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Who cares
Headline styles
Allow Rural Open Garbage Burning
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
2 Multi-sponsors
History
- Referred to environmental conservation
- Held for consideration in environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1566
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. HAWLEY, OAKS -- Multi-Sponsored by -- M. of A. BARCLAY, GOODELL -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the burning of garbage, refuse or rubbish in an open fire; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 19-0301 of the environmental conservation law is amended by adding a new subdivision 6 to read as follows:
6. a. The department is prohibited from adopting any code, rule, regulation or standard that would restrict the burning of garbage, refuse or rubbish, as defined in this section, 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 resulting from the operation of such farm is deposited.
b. This subdivision shall not apply to any city or village, or any town with a total town population, including incorporated or unincorporated areas, of greater than twenty thousand.
c. For the purposes of this subdivision the following definitions shall apply:
(1) "Open fire" shall mean any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere.
(2) "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
(3) "Refuse" shall mean all waste material, including but not limited to, incinerator residue, street sweepings, dead animals and offal.
(4) "Rubbish" shall mean solid or liquid waste material, including but not limited to, paper and paper products, rags, trees or leaves, needles
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01344-01-7
A. 1566 2
and branches from trees, vines, lawn and garden debris, furniture, wood, and sawdust.
§ 2. This act shall take effect immediately and shall expire December 15, 2021 when upon such date the provisions of this act shall be deemed repealed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.