What's happening
This bill requires contractors in New York to recycle or reuse a set percentage of construction and demolition waste, with penalties for non-compliance.
Why it matters
Targets a major source of waste. Construction and demolition activities generate a significant portion of solid waste. By mandating recycling and reuse, the bill aims for a structural shift in how the building industry handles materials, potentially reducing landfill use and conserving resources.
Phased, escalating requirements. The recycling/reuse mandate starts at 25% and rises to 50% (by weight) after one year, pushing contractors toward more sustainable practices over time and giving the industry time to adapt.
Accountability and enforcement. Contractors must submit detailed documentation to prove compliance, with substantial daily fines for missing paperwork and additional penalties for not meeting recycling targets. This could drive real behavior change and deter non-compliance.
Impact on project timelines and costs. Cities and towns can withhold permits or occupancy certificates if contractors don’t comply, directly affecting the ability to start or finish projects. This gives the law practical teeth but may also increase administrative burdens and costs for builders, potentially influencing project planning and pricing.
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Who cares
General contractors and demolition subcontractors
Covered projects would have to recycle or reuse 25% of debris by weight initially and 50% for permit applications dated a year or more after the effective date, with documentation requirements and fines for noncompliance.
City, town and village governments
They would administer waivers, block new permits for contractors with overdue documentation and have authority to audit compliance and withhold certificates of occupancy.
Property owners
They could face withheld certificates of occupancy and could apply for a waiver if their contractor is unavailable or refuses to provide required documentation.
Construction debris recyclers and transfer stations
The recycling requirements would direct covered projects toward reuse or permitted facilities that accept debris for recycling or transfer to a recycler.
Headline styles
Require Construction Waste Recycling
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to rules
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 Construction Waste Recycling
In Assembly Committee · Environmental Conservation · Sponsor William Colton
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6876
2019-2020 Regular Sessions
IN SENATE
November 27, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to requiring contractors 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. Legislative intent. The purpose of this act is to significantly reduce the amount of waste produced by construction and demolition activities in the state of New York. There are many opportunities to reduce or recycle materials from construction and demolition, including metals, cardboard, drywall, glass, wood and asphalt. This act is consistent with the goals of the state's solid waste management plan, complementing other recycling and recovery programs currently in effect.
§ 2. The environmental conservation law is amended by adding a new section 27-0721 to read as follows: § 27-0721. Construction and demolition site waste recycling.
1. Definitions. As used in this section:
(a) "Contractor" means a general contractor and shall also include any subcontractor engaged in the demolition or wrecking of a structure for which a permit is required.
(b) "Construction and demolition debris" shall include, but not be limited to, metals, cardboard, drywall, glass, wood, concrete, brick and asphalt, but shall not include any material that is contaminated by lead, asbestos or other hazardous material such that recycling thereof would be illegal or unfeasible.
(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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03753-01-9
S. 6876 2
(d) "Reuse" means (i) the on-site use of reprocessed construction and demolition debris if the use of such debris is authorized 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.
2. Applicability. (a) Contractors shall recycle or reuse construction and demolition debris produced on site as part of construction or demolition activities by meeting the following requirements:
(i) On a project that is issued a permit with an application date within one year of the effective date of this section, the 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.
(ii) On a project that is issued a permit with an application date a year or more after the effective date of this section, the 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.
(b) The following projects shall be subject to the provisions of this section:
(i) Construction of new residential buildings with four or more dwelling units;
(ii) Construction of new non-residential buildings, other than projects for which the total area is four thousand square feet or less;
(iii) Any rehabilitation of non-residential buildings of more than four thousand square feet that will require certification of occupancy to be issued from the appropriate city, town or village department;
(iv) Demolition of residential buildings with four or more dwelling units that includes the demolition of at least one outside wall; and
(v) Demolition of non-residential buildings, other than projects for which the total area is four thousand square feet or less.
(c) A project shall be exempt from this section if only a plumbing permit or only an electrical permit is required for such project.
3. Contractor responsibilities. (a) Within thirty days of completion of a project, the contractor shall submit documentation to the appropriate city, town or village to report compliance with this section and the regulations promulgated pursuant to this section. If the contractor is unable to meet the recycling and reuse requirements of this section, the contractor may apply for a waiver from the city, town or village. Such documentation shall be in a form and manner determined by the city, town or village.
(b) If a contractor is unable or refuses to submit the required documentation, a property owner may submit a waiver application supported by an affidavit that the contractor is unavailable or refuses to provide the required documentation.
(c) A contractor shall comply with all reasonable requests for information and documentation by the city, town or village pursuant to an audit to monitor compliance with this section. Documentation required by this section shall be maintained for at least three years.
4. City, town and village responsibilities. (a) Each city, town and village shall establish a procedure for contractors to apply for waivers of the requirements of this section. Such requirements shall include documentation of the amount of material the contractor is actually able to recycle or reuse and the reason or reasons for which the contractor cannot meet the recycling and reuse requirements in this section.
S. 6876 3
(b) A city, town or village shall not issue any new building or demolition permit to a contractor who has failed to timely submit the required documentation with respect to any completed project, until such contractor either submits (i) the required documents including, where applicable, proof that any fine due pursuant to subdivision five of this section has been paid in full, or (ii) proof of a waiver issued by the city, town or village and, the payment of any fine due.
(c) The city, town or village may withhold a certificate of occupancy for a project until the contractor submits either the required documentation including, where applicable, proof that any fine due pursuant to subdivision five of this section has been paid in full; or proof of a waiver issued by the city, town or village and, payment of any fine due.
(d) The city, town or village is authorized to conduct audits of contractors to determine and validate compliance with the requirements of this section. The city, town or village may request information and documentation relevant to such an audit from any contractor.
(e) The city, town or village is authorized to promulgate such rules and regulations as necessary to implement the provisions of this section. Such rules and regulations shall contain provisions for seeking and obtaining a waiver from the provisions of this section.
5. Fines and penalties. (a) Contractors who fail to provide the documentation required by this section or who have not received a waiver from the city, town or village shall be subject to a fine of five hundred dollars for each day that they fail to provide the information or apply for a waiver.
(b) Contractors who fail to meet the recycling or reuse requirements of this section and have applied for and not received a waiver from the city, town or village shall be assessed a fine as follows:
(i) For projects involving ten thousand square feet or more of renovated, newly constructed or demolished space, five hundred dollars for each percentage point of difference between the amount required by this section to be recycled or reused and the amount actually recycled or reused; and
(ii) For projects involving less than ten thousand square feet of renovated, newly constructed or demolished space, two hundred fifty dollars for each percentage point of difference between the amount required by this section to be recycled or reused and the amount actually recycled or reused.
(c) The city, town or village may modify the penalties required by paragraph (a) or (b) of this subdivision for failure to provide documentation or meet the recycling and reuse requirements, if it finds that there are extenuating circumstances for such failures.
§ 3. 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 environmental conservation law, in relation to requiring contractors 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 a contractor to use or recycle at least 50% of the C&D debris:
Summary of provisions
The bill requires that contractors in New York State reuse or recycle at least a) 25% by weight of their C&D debris, for those project which have been issued a permit with an application date within one year of the effective date of the bill; and b) 50 % by weight o f C&D debris for those projects issued a permit with an application of more than one year after the effective date of the bill. The b ill defines the types of projects that would be subject to the recycling/reuse requirements. Contractors would be required to document their C&D debris recycling/reuse. The bill contains penalties for violations of the requirements of the program.
Justification
The purpose of the legislation is to significantly reduce the amount of waste produced by construction and demolition activities. The re 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 prob- lems with managing garbage, this bill could significantly reduce materi- als going into landfills by requiring their reuse and recycling.
Prior legislative history
2013-14: A.1603/EnCon 2011-12: A.1239/Encon 2009-10: A.1320/Encon
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 shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.