Sponsorship

A.5457 - KOON, COLTON, ENGLEBRIGHT, JOHN, DINOWITZ, ESPAILLAT, HOYT, PAULIN, CLARK, BRADLEY, FIELDS, BOYLAND, BRODSKY, KAVANAGH, BROOK-KRASNY, delmonte, diaz r, galef, gottfried, lafayette, latimer, lifton, lupardo, mceneny, pheffer, rosenthal, sweeney, thiele, walker / - -3

Memorandum in Support

BILL NUMBER: A5457

TITLE OF BILL : An act to amend the environmental conservation law, in relation to open burning of solid waste

PURPOSE AND JUSTIFICATION : This bill would prohibit the open burning of solid waste. An exception is made for certain agricultural materials and yard waste. Current regulations allow for the open burning of solid waste in communities with less than 20,000 people. Unfortunately this practice is becoming more prominent in some communities, with resulting degradation of air quality and health impacts, particularly on those with breathing difficulties. A recent US EPA report, done with the cooperation of the NYS Department of Health and Department of Environmental Conservation, found that burning 3 to 11 pounds of household waste in a burn barrel is equivalent to the burning of 200 tons of household waste in a modern, well-controlled incinerator.

SUMMARY OF SPECIFIC PROVISIONS :

SECTION 1. Adds paragraph (f) to subdivision 2 of section 19-0301 of the environmental conservatioll law to establish and publish with the educational materials explaining the health and environmental hazards of open burning of solid waste.

SECTION 2. Amends the environmental conservation law to add new section 19-0306-b to prohibit the open burning of solid waste in New York. Includes definitions for "solid waste," "open burning," "yard waste," "land clearing debris," and "agricultural materials."

SECTION 3. Adds new section 71-2114 to the environmental conservation law to detail the penalties for violating section 19-0306-b of the environmental conservation law. First-time offenders shall be issued a warning and educational materials. Second-time offenders shall be issued a $75 fine, if convicted. Third or more-offenders shall be punished with a fine between $100 and $250.

SECTION 4. Sets the effective date.

PRIOR LEGISLATIVE HISTORY :

2005-06: A.3073/No Same as 2003-04: A.5884/S.3340 (Maziarz) 2001-02: A. 7202-A/S.3 772-A(Maziarz) 1999-2000: A.6254 (Hochberg)/S.4898 (Maziarz)

FISCAL IMPLICATIONS : None noted.

LOCAL FISCAL IMPLICATIONS : None noted.

EFFECTIVE DATE : The sixtieth day after it becomes law.

Sponsorship

S.2305 - MAZIARZ, ALESI, FLANAGAN, FUSCHILLO, HANNON, ROBACH / - -2