STATE OF NEW YORK
________________________________________________________________________
4740
2015-2016 Regular Sessions
IN ASSEMBLY
February 5, 2015
___________
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 § 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, the opening
17 paragraph and subdivision 1 as amended by section 5 of part DD of chap-
18 ter 59 of the laws of 2010, is amended to read as follows:
19 § 27-1915. Use of waste tire management and recycling fee funds.
20 Waste tire management and recycling fees shall be deposited in the
21 waste management and cleanup fund established in section ninety-two-bb
22 of the state finance law, and shall be made available for the following
23 purposes:
24 1. costs of the department for the following:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06520-01-5
A. 4740 2
1 (a) first-year costs:
2 (i) enumeration and assessment of noncompliant waste tire stockpiles;
3 and
4 (ii) aerial reconnaissance to locate, survey and characterize sites
5 environmentally, for remote sensing, special analysis and scanning;
6 (b) abatement of noncompliant waste tire stockpiles; and
7 (c) administration and enforcement of the requirements of this arti-
8 cle, exclusive of titles thirteen and fourteen.
9 2. reimbursement of costs of the New York environmental protection and
10 spill compensation fund in the department of audit and control, pursuant
11 to article twelve of the navigation law, for the following:
12 (a) cleanup and removal of petroleum contamination resulting from any
13 waste tire fire;
14 (b) any damage claim paid by the New York environmental protection and
15 spill compensation fund as a result of any waste tire fire; and
16 (c) all other direct or indirect costs related to the remediation of
17 petroleum contamination resulting from any waste tire fire.
18 3. costs of the department of economic development for the following:
19 (a) conducting an updated market analysis of outlets for waste tire
20 utilization including recycling and energy recovery opportunities;
21 (b) establishment of a program to provide funds to businesses to
22 develop technology that leads to increased markets for waste tires;
23 (c) funding of demonstration projects; and
24 (d) administration of requirements of this section.
25 [3.] 4. costs of the department of transportation for the following:
26 (a) funding of demonstration and other projects for road base, paving
27 and other civil engineering uses; and
28 (b) administration of requirements of this section.
29 [4.] 5. costs of the New York state thruway authority for the follow-
30 ing:
31 (a) funding of demonstration and other projects for road base, paving
32 and other civil engineering uses; and
33 (b) administration of requirements of this section.
34 [5.] 6. costs of the New York state energy research and development
35 authority for the following:
36 (a) funding research projects which will enhance sustainable waste
37 tire recycling activities; and
38 (b) administration of requirements of this section.
39 [6.] 7. costs of the department of health for the following:
40 (a) recommendations to protect public health; and
41 (b) administration of requirements of this section.
42 Any funds not used for a given year shall be returned to the fund and
43 be added to the total funds available for disbursement in the succeeding
44 year.
45 § 3. This act shall take effect immediately, and shall be deemed to
46 have been in full force and effect on and after May 15, 2003.
