NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8770
SPONSOR: Clark TITLE OF BILL:
An act to amend the executive law and the public authorities law, in
relation to requiring grease traps at food service establishments be
designed to withstand expected loads and prevent unauthorized access;
and to repeal certain provisions of the executive law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make amendments to Chapter 753 of the
Laws of 2021.
SUMMARY OF PROVISIONS:
This chapter amendment makes changes to the new requirements for grease
traps and interceptors to be considered under the state building code in
the future.
JUSTIFICATION:
On July 15th, 2019 a horrible tragedy occurred when 3-year old Bryce
Raynor fell through an unsecured plastic lid of an underground grease
interceptor. Although the young boy was pulled from the trap minutes
after he fell in, efforts to resuscitate him were not successful. Even
more tragic is that this was not the first child to die under similar
circumstances. There are several documented occurrences of children
dying after falling into unsecured grease interceptors across the United
States, including New Jersey.
This bill will help prevent future tragedies by setting guidelines for
grease traps and interceptors that are located in a public area, making
them safer for the general public.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2021 amending the executive law and the public
authorities law relating to securing grease traps and interceptors at
food establishments, as proposed in legislative bills numbers S. 3536-A
and A. 7506, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8770
IN ASSEMBLY
January 11, 2022
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law and the public authorities law, in
relation to requiring grease traps at food service establishments be
designed to withstand expected loads and prevent unauthorized access;
and to repeal certain provisions of the executive law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 376-b of the executive law, as added by a chapter
2 of the laws of 2021 amending the executive law and the public authori-
3 ties law relating to securing grease traps and interceptors at food
4 establishments, as proposed in legislative bills numbers S. 3536-A and
5 A. 7506, is REPEALED.
6 § 2. Subdivision 18 of section 378 of the executive law, as renumbered
7 by section 1 of part LL of chapter 58 of the laws of 2018, is renumbered
8 subdivision 19 and a new subdivision 18 is added to read as follows:
9 18. Standards requiring that grease traps or interceptors located in a
10 place that may be accessible by the public, or located inside any food
11 service establishment, or located in any other building that is open to
12 the public, shall be designed and maintained to withstand expected loads
13 and to prevent unauthorized access. Such standards shall also include
14 requiring the installation of a warning sign or symbol, as determined by
15 the council, on or in the vicinity of such grease traps or interceptors.
16 Such standards shall apply to new and existing grease traps and inter-
17 ceptors. For the purposes of this subdivision, "food service establish-
18 ment" shall have the same meaning as in part fourteen of title ten of
19 the New York code of rules and regulations.
20 § 3. Section 2858 of the public authorities law, as added by a chapter
21 of the laws of 2021 amending the executive law and the public authori-
22 ties law relating to securing grease traps and interceptors at food
23 establishments, as proposed in legislative bills numbers S. 3536-A and
24 A. 7506, is amended to read as follows:
25 § 2858. Public water and sewer authority powers. A public water or
26 sewer authority, created pursuant to article five of this chapter, shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07838-03-2
A. 8770 2
1 have the power to specify the manner in which exterior manhole covers,
2 containing grease traps or interceptors shall be regulated and inspected
3 to prevent unauthorized access, in addition to the requirements set
4 forth in the uniform fire prevention and building code pursuant to arti-
5 cle eighteen of the executive law.
6 § 4. This act shall take effect on the same date and in the same
7 manner as a chapter of the laws of 2021 amending the executive law and
8 the public authorities law relating to securing grease traps and inter-
9 ceptors at food establishments, as proposed in legislative bills numbers
10 S. 3536-A and A. 7506, takes effect.
