What's happening
This bill allows towns in New York with populations under 20,000 to permit burning of brush and certain wastes without a permit.
Why it matters
Shifts decision-making power to local governments. The bill enables small towns, villages, and cities (under 20,000 people) to override state-level restrictions on open burning, giving local officials more authority to set their own rules on burning brush, garbage, and certain wastes.
Potential environmental and health impacts. By making it easier to burn a wide range of materials—including yard debris, animal and vegetable waste, and some household items—this bill could increase air pollution and health risks related to smoke and airborne contaminants in affected communities.
Implications for waste management and farm operations. The measure could lower disposal costs for rural residents and farmers, who would have expanded options for getting rid of organic and some inorganic waste on their own property, possibly reducing reliance on municipal waste collection services.
Community and fire safety concerns. Easing restrictions on open burning may raise issues around fire safety, especially during dry seasons or in areas with limited firefighting resources, and could require local governments to set their own safety standards or response protocols.
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Who cares
Headline styles
Small Towns Can Burn Brush
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
2 Multi-sponsors
History
- Held for consideration in environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5099
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. DiPIETRO -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to allowing towns having populations of less than twenty thousand persons to burn brush without a permit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9-1105 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows:
7. Exemption. (a) Any city or village, or any town with a total town population, including incorporated or unincorporated areas, of less than twenty thousand is hereby further authorized and empowered to adopt and amend local laws, ordinances, or resolutions which exempt such municipality from 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. In addition, any city or village, or any town with a total town population, including incorporated or unincorporated areas, of less than twenty thousand is hereby further authorized and empowered to adopt and amend local laws, ordinances, or resolutions which exempt such municipality from 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 is generated as a result of the operation of such farm.
(b) For the purposes of this subdivision the following definitions shall apply:
(i) "Open fire" shall mean any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07607-01-9
A. 5099 2
(ii) "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
(iii) "Refuse" shall mean all waste material, including but not limited to, incinerator residue, street sweepings, dead animals and offal.
(iv) "Rubbish" shall mean solid or liquid waste material, including but not limited to, paper and paper products, rags, trees or leaves, needles and branches from trees, vines, lawn and garden debris, furniture, wood, and sawdust.
§ 2. This act shall take effect immediately.
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.