Bill Text: NY A01574 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the environmental conservation law, in relation to the reimbursement of costs to the New York environmental protection and spill compensation fund

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A01574 Detail]

Download: New_York-2009-A01574-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1574
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. COLTON -- read once and referred to the Committee
         on Environmental Conservation
       AN  ACT  to amend the environmental conservation law, in relation to the
         reimbursement of costs to the New York  environmental  protection  and
         spill compensation fund
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2  of  section  27-1903  of  the  environmental
    2  conservation  law, as added by section 3 of part V1 of chapter 62 of the
    3  laws of 2003, is amended to read as follows:
    4    2. State government must make an essential contribution to the  devel-
    5  opment  and  implementation of environmentally, economically and techni-
    6  cally viable waste tire management programs. The department shall  coop-
    7  erate  with  other state agencies, including the DEPARTMENT OF AUDIT AND
    8  CONTROL WITH REGARD TO THE ENVIRONMENTAL PROTECTION  AND  SPILL  COMPEN-
    9  SATION  FUND AS ESTABLISHED PURSUANT TO ARTICLE TWELVE OF THE NAVIGATION
   10  LAW, THE department of economic development, THE New York  state  energy
   11  research  and  development  authority, the department of transportation,
   12  the New York state thruway authority and the department  of  health,  to
   13  ensure  that  waste  tires  are effectively managed and used in environ-
   14  mentally acceptable ways consistent with the purposes of this chapter.
   15    S 2. Section 27-1915 of the environmental conservation law,  as  added
   16  by section 3 of part V1 of chapter 62 of the laws of 2003, is amended to
   17  read as follows:
   18  S 27-1915. Use of waste tire management and recycling fee funds.
   19    Funds from the waste tire management and recycling fund established in
   20  section  ninety-two-bb of the state finance law, shall be made AVAILABLE
   21  for the following purposes:
   22    1. costs of the department for the following:
   23    (a) first-year costs:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01340-01-9
       A. 1574                             2
    1    (i) enumeration and assessment of noncompliant waste tire  stockpiles;
    2  and
    3    (ii)  aerial  reconnaissance  to locate, survey and characterize sites
    4  environmentally, for remote sensing, special analysis and scanning;
    5    (b) abatement of noncompliant waste tire stockpiles; and
    6    (c) administration of requirements of this section.
    7    2. REIMBURSEMENT OF COSTS OF THE NEW YORK ENVIRONMENTAL PROTECTION AND
    8  SPILL COMPENSATION FUND IN THE DEPARTMENT OF AUDIT AND CONTROL, PURSUANT
    9  TO ARTICLE TWELVE OF THE NAVIGATION LAW, FOR THE FOLLOWING:
   10    (A) CLEANUP AND REMOVAL OF PETROLEUM CONTAMINATION RESULTING FROM  ANY
   11  WASTE TIRE FIRE;
   12    (B) ANY DAMAGE CLAIM PAID BY THE NEW YORK ENVIRONMENTAL PROTECTION AND
   13  SPILL COMPENSATION FUND AS A RESULT OF ANY WASTE TIRE FIRE; AND
   14    (C)  ALL  OTHER DIRECT OR INDIRECT COSTS RELATED TO THE REMEDIATION OF
   15  PETROLEUM CONTAMINATION RESULTING FROM ANY WASTE TIRE FIRE.
   16    3. costs of the department of economic development for the following:
   17    (a) conducting an updated market analysis of outlets  for  waste  tire
   18  utilization including recycling and energy recovery opportunities;
   19    (b)  establishment  of  a  program  to  provide funds to businesses to
   20  develop technology that leads to increased markets for waste tires;
   21    (c) funding of demonstration projects; and
   22    (d) administration of requirements of this section.
   23    [3.] 4. costs of the department of transportation for the following:
   24    (a) funding of demonstration and other projects for road base,  paving
   25  and other civil engineering uses; and
   26    (b) administration of requirements of this section.
   27    [4.]  5. costs of the New York state thruway authority for the follow-
   28  ing:
   29    (a) funding of demonstration and other projects for road base,  paving
   30  and other civil engineering uses; and
   31    (b) administration of requirements of this section.
   32    [5.]  6.  costs  of the New York state energy research and development
   33  authority for the following:
   34    (a) funding research projects which  will  enhance  sustainable  waste
   35  tire recycling activities; and
   36    (b) administration of requirements of this section.
   37    [6.] 7. costs of the department of health for the following:
   38    (a) recommendations to protect public health; and
   39    (b) administration of requirements of this section.
   40    Any  funds not used for a given year shall be returned to the fund and
   41  be added to the total funds available for disbursement in the succeeding
   42  year.
   43    S 3. This act shall take effect immediately, and shall  be  deemed  to
   44  have been in full force and effect on and after May 15, 2003.