What's happening
This bill requires state agencies and their contractors to recycle or reuse a specified percentage of construction and demolition site waste.
Why it matters
Creates a phased-in requirement for recycling/reuse. The bill mandates an initial 25% recycling or reuse rate for construction and demolition (C&D) debris on public works projects, increasing to 50% after one year. This pushes agencies and contractors toward more sustainable practices over time.
Covers a broad range of public projects. The requirement applies not just to state agencies, but also to their contractors and certain state-affiliated entities (e.g., SUNY, CUNY, Dormitory Authority), significantly expanding the scope of construction waste diversion and setting a precedent for large-scale government projects.
Introduces compliance and accountability mechanisms. Agencies and contractors must submit detailed, notarized documentation to the State Comptroller after each project, ensuring transparent tracking and verification of waste management practices—potentially deterring “greenwashing” or non-compliance.
Excludes hazardous materials from mandate. By excluding debris contaminated with lead, asbestos, or other hazardous substances, the bill recognizes practical and legal limitations, focusing efforts on recyclable materials and minimizing health and safety risks.
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Who cares
Headline styles
Require Construction Waste Recycling
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Recycling at State Sites
In Assembly Committee · Governmental Operations · Sponsor William Colton
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1388
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to requiring state agencies and persons contracting with such agencies to recycle construction and demolition site waste
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 163-b to read as follows:
§ 163-b. Construction and demolition site waste recycling. 1. As used in this section:
(a) "Contractor" means a general contractor having a contract with a state agency, and all subcontractors of such general contractor performing public work pursuant to such contract.
(b) "Construction and demolition debris" shall not include any material that is contaminated by lead, asbestos or other hazardous material in such a way as to render recycling illegal or impossible.
(c) "Recycler" means a recycling facility, transfer station or other waste handling facility permitted pursuant to this article which accepts construction and demolition debris for recycling or for further transfer to a recycling facility.
(d) "Reuse" means (i) the on-site use of reprocessed construction and demolition debris if such on-site use is authorized in writing by the commissioner; and (ii) the off-site redistribution of a material which would otherwise be disposed of, for use in the same or similar form as it was produced.
(e) "State agency" shall mean (1) (i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01183-01-7
S. 1388 2
colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of section seventy-three of the public officers law.
(2) the following only to the extent of state contracts entered into for its own account or for the benefit of a state agency as defined in subparagraph one of this paragraph:
dormitory authority of the state of New York;
facilities development corporation;
New York state energy research and development authority;
New York state science and technology foundation.
2. Every state agency and every contractor performing public work for a state agency shall recycle or reuse construction and demolition debris produced on site as part of construction or demolition activities by meeting the following requirements:
(a) On a public works project commenced within one year of the effective date of this section, the state agency or 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.
(b) On a public works project commenced one year or more after the effective date of this section, the state agency or 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.
3. Within thirty days of completion of a public works project, the state agency or contractor shall submit documentation to the state comptroller to report compliance with this section. Documentation shall be in a form prescribed by the state comptroller, and shall consist of notarized affidavits from the state agency or contractor and the waste hauler or recycler for the public works project certifying the extent to which the public works project complies with this section.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to requiring state agencies and persons contracting with such agencies to recycle construction and demolition site waste
Purpose of the bill
The purpose of the bill is to reduce the solid waste disposal from C&D sites by requiring State agencies and their contractor to reuse or recycle at least 50% of the C&D debris from their projects.
Summary of provisions
The bill requires that State agencies and their contractors reuse or recycle at least a) 25% by weight of their C&D debris within one year of the effective date of the bill; and b) 50% by weight of C&D debris for those projects more than one year after the effective date of the bill. The bill defines State agencies to include SUNY and CUNY, NYSERDA, Dormitory Authority, Facilities Development Corp. and NYS Science and Technology Foundation. State agencies and their contractors would be required to document their C&D waste.
Justification
The purpose of the legislation is hold NYS agencies and their contractors to requirements for reuse and recycling of C&D waste to demonstrate the State's commitment 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 C&D sites. The NYS Department of Environmental Conservation Solid Waste Management Plan, last updated in 2000, only makes passing reference to evaluating the reuse, recycling and recovery of C&D waste. Given continuing problems with managing garbage, this bill could significantly reduce materials going into landfills by requiring their reuse and recycling.
Prior legislative history
2013-14: A.1254/Gov. Ops. 2011-12: A.0990/Gov. Ops. 2009-10: A.1576/Gov. Ops.
Fiscal implications for state and local governments
The bill should have minimum administrative impacts on State and local government and in fact should reduce waste disposal costs.
Effective date
This act would take effect January one after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.