Int. No. 899
By Council Members Hankerson and Louis
A Local Law to amend the administrative code of the city of New York, in relation to trade waste management and disposal for construction, alterations, and demolition
Be it enacted by the Council as follows:
Section 1. Section 20-392 of the administrative code of the city of New York, as amended by local law number 65 for the year 1997, is amended to read as follows:
§ 20-392 Fines; issuance, renewal, suspension, and revocation of license. a. The commissioner shall have the power to impose a fine not to exceed [one thousand dollars] $1000 upon a licensee [and/or] or suspend or revoke a license, or both, or deny an application for the issuance or renewal of a license for any [one] 1 or more of the following causes:
1. Fraud, misrepresentation, or bribery in securing a license[.];
2. The making of any false statement as to a material matter in any application for a license[.];
3. The person or the management personnel of the contractor are untrustworthy or not of good character[.];
4. The business transactions of the contractor have been or are marked by a practice of failure to timely perform or complete its contracts, or the manipulation of assets or accounts, or by fraud or bad faith, or is marked by an unwholesome method or practice of solicitation of business from owners[.];
5. Failure to display the license as provided in this subchapter[.];
6. Failure to comply with any demand or requirement lawfully made by the commissioner[.];
7. When an agent or employee of a licensee has been guilty of an act of omission, fraud, or misrepresentation and the licensee has approved or had knowledge thereof[.];
8. Violation of any provision of this subchapter or any rule or regulation adopted hereunder or for performing or attempting to perform any act prohibited by this subchapter[.];
9. Violation of any provision of subchapters [one] 1, [two] 2, or [three] 3 of title [twenty-six] 26 or subchapter [one] 1 of title [twenty-seven] 27 of this code, or any rule adopted thereunder or for performing or attempting to perform any act prohibited by such subchapters, provided that the commissioner shall suspend or revoke the license of any licensee who continues to work in violation of a [stop-work notice or] stop work order issued pursuant to section [26-118 of this code.] 28-207.2; or
10. A practice or pattern of failing to adhere to construction waste management and disposal plans in accordance with section 28-105.12.14.
b. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter and chapter [one] 1 of this title, the commissioner, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this subchapter if the applicant or licensee, or any of its principals, officers, or directors, or any of its stockholders owning more than [ten] 10 percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article [twenty-three-a] 23-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license.
§ 2. Section 28-101.5 of the administrative code of the city of New York is amended by adding new definitions “CONSTRUCTION AND DEMOLITION WASTE” and “LICENSED HAULER” in alphabetical order to read as follows:
CONSTRUCTION AND DEMOLITION WASTE. The non-putrescible waste products resulting from building demolition, construction, alteration, and excavation, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, and waste timber and lumber.
LICENSED HAULER. Any business or entity with a valid trade waste removal license issued pursuant to chapter 1 of title 16-a of this code.
§ 3. Article 105 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.12.14 to read as follows:
§ 28-105.12.14 Construction waste management and disposal plan required. As part of an application for the construction of a new building or alteration or demolition of an existing building, the applicant shall submit to the department a construction waste management and disposal plan. Such plan shall include steps to be taken for the disposal of construction and demolition waste, including but not limited to identifying licensed haulers, identifying disposal or recycling facilities to receive such construction and demolition waste, routes licensed haulers will use to transport construction and demolition waste to disposal and recycling facilities, and an estimate of construction and demolition waste to be generated by the work. An applicant may amend a construction waste management and disposal plan submitted to the department pursuant to section 28-104.3.
§ 28-105.12.14.1 Verification prior to permit sign-off. As part of the sign-off requirements for a permit, the permit holder shall submit to the department documentation to demonstrate compliance with the construction waste management and disposal plan submitted pursuant to section 28-105.12.14, including but not limited to licensed hauler receipts and licensed facility manifests. The department, in conjunction with the department of sanitation and department of environmental protection, shall verify the permit holder’s compliance with the construction waste management and disposal plan prior to permit sign-off.
§ 4. Section 28-202.1 of the administrative code of the city of New York is amended by adding a new exception 14 to read as follows:
14. The minimum civil penalty for a violation of section 28-105.12.14 shall be $1,000.
§ 5. Section 28-401.19 of the administrative code of the city of New York, as amended by local law number 128 for the year 2024, is amended to read as follows:
§ 28-401.19 Suspension or revocation of license or certificate of competence. The commissioner shall have the power to suspend or revoke a license or certificate of competence, [and/or] to impose a fine not to exceed $25,000 for each finding of violation, [and/or] or to order any holder thereof to repair damage resulting from any act or omission as set forth in this chapter or in rules, or any combination thereof, for any of the following:
1. Fraud or deceit in obtaining or renewing a license or seal, certificate of competence, certification, registration, or permit;
2. The making of a material false or misleading statement on any form or report filed with the department or other governmental entity;
3. The failure to file a statement, report, or form required by law to be filed;
4. Willfully impeding or obstructing the filing of a statement, report, or form of another required by law to be filed;
5. Fraudulent dealings or misrepresentation;
6. Negligence, incompetence, lack of knowledge or fitness, or disregard of this code and related laws and rules;
7. Failure to comply with this code or any order, rule, or requirement lawfully made by the commissioner including failure to cooperate with investigations related to the trade for which the individual is licensed conducted by the commissioner or other government entity;
8. Failure to comply with any order, rule, regulation, or requirement lawfully made by the commissioner of environmental protection or commissioner of transportation pertaining to water services, house connections, street openings, [street/lane] street or lane closures, or sidewalk closures that relate to requirements of this code;
9. A practice or pattern of failing timely to perform or complete contracts relating to home improvements as defined by section 20-386 [of the administrative code] or a practice of abandoning contracts on residential buildings containing [four] 4 dwelling units or less;
10. Failure to provide documents, including payroll records, workers compensation or other insurance documents, employee timekeeping records and corporate tax returns, required by the commissioner;
11. Engaging or assisting in any act that endangers the public safety and welfare;
12. Conviction of a criminal offense where the underlying act arises out of the individual’s professional dealings with the city or any other governmental entity;
13. Poor moral character that adversely reflects on [his or her] the individual’s fitness to conduct work regulated by this code;
14. Failure to pay outstanding fines, penalties, or fees related to the individual’s professional dealings with the city or any other governmental entity;
15. The unauthorized removal of documents from the department;
16. Repeated failure to be prepared for or attend scheduled meetings with the department as provided by rule; [or]
17. Failure to notify the department in accordance with section 28-401.18.1[.];
18. With respect to general contractor registration, upon a finding that the applicant or registrant or a business entity in which [one] 1 of the applicant’s or registrant’s principals, officers, or directors is a principal, officer, or director has engaged in any of the acts set forth in items 1 through 17 or 21 or any of the following:
18.1. Fraud, misrepresentation, or bribery in securing a sign-off of work or a temporary or permanent certificate of occupancy[.];
18.2. A practice on the part of the registrant of failure to timely perform or complete its contracts for the construction of new residential structures containing no more than [three] 3 dwelling units, or the manipulation of assets or accounts, or fraud or bad faith[.];
18.3. Approval or knowledge on the part of the registrant of an act of omission, fraud, or misrepresentation committed by [one] 1 or more agents or employees of the registrant, and failure to report such act to the department[.];
18.4. The applicant or registrant, or any of its principals, officers, or directors, or any of its stockholders owning more than [ten] 10 percent of the outstanding stock of the corporation has been convicted of a crime which, in accordance with article [twenty-three-a] 23-a of the correction law, is determined to have a direct relationship to such person’s fitness or ability to perform any of the activities for which a registration is required under this article[.]; or
18.5. The applicant or registrant, or any of its principals, officers, or directors has been or is a principal, officer, or director of a registered general contractor whose registration has been revoked[.];
19. Contract work by holders of special electrician’s licenses[.];
20. Failure to demonstrate fitness to engage in the trade for which the individual is licensed[.]; or
21. A practice or pattern of failing to adhere to a construction waste management and disposal plan in accordance with section 28-105.12.14.
§ 6. This local law takes effect immediately.
APM
LS #21705
5/5/26 2:54pm