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A1761Assembly2019-2020 Session

Allow Some Backyard Burning

Official title

“Prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire under certain circumstances”

Sponsor Stephen HawleyAD-139+2 co-sponsorsAffects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill prohibits the Department of Environmental Conservation from restricting open burning of certain wastes on single-family and farm properties in smaller towns.

Why it matters

  1. Limits state environmental authority. By preventing the Department of Environmental Conservation from restricting open burning of waste on certain properties, the bill curtails the agency’s power to regulate rural waste management practices.

  2. Targets rural and agricultural communities. The exemption applies only to single-family residences and farms in towns with populations of 20,000 or fewer, reflecting a focus on less densely populated, often agricultural, areas where traditional burning practices are more common.

  3. Details definitions for enforcement clarity. The bill clearly defines what constitutes “open fire,” “garbage,” “refuse,” and “rubbish,” which could help avoid ambiguity in enforcement and ensure the exemption is not misapplied.

  4. Includes a sunset provision. The law is temporary, expiring at the end of 2023, suggesting it could be a trial measure or subject to future legislative review based on its impacts.

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Who cares

Headline styles

Allow Some Backyard Burning

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Stephen Hawley

Assembly Member · Assembly District 139

History

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

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1761

2019-2020 Regular Sessions

IN ASSEMBLY

January 17, 2019

Introduced by M. of A. HAWLEY -- 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.

LBD02073-01-9

A. 1761 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, 2023 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.