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S06316 Summary:

BILL NOS06316C
 
SAME ASSAME AS A05119-B
 
SPONSORSANDERS
 
COSPNSR
 
MLTSPNSR
 
Add §392-l, Gen Bus L; amd §92-s, St Fin L
 
Requires any waste hauler providing waste removal services to provide to customers certain estimated costs and invoices; includes penalties for initial and subsequent violations; requires moneys collected from penalties and fines to be deposited into the environmental protection fund.
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S06316 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6316--C
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 10, 2025
                                       ___________
 
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to said committee -- recommitted to the Committee on
          Environmental Conservation in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the general business law and the state finance law, in
          relation to solid waste removal invoices and directing  penalties  and
          fines  related to such invoices to be deposited into the environmental
          protection fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  392-l to read as follows:
     3    § 392-l. Solid  waste  removal  invoices.  1. For the purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a) "Estimated full cost" shall mean a good faith  projection  of  the
     6  expected full cost.
     7    (b)  "Full  cost"  shall  mean  the total price, including any service
     8  charges and additional fees, of waste removal services.
     9    (c) "Waste  removal  services"  shall  mean  the  proper  removal  and
    10  disposal  of  solid waste by a waste hauler for a customer on a one-time
    11  basis.
    12    (d) "Waste hauler" shall mean any person registered  or  permitted  by
    13  the department of environmental conservation to transport solid waste.
    14    2. Any waste hauler that provides waste removal services shall:
    15    (a)  Inform  a  customer  of  the  estimated  full  cost waste removal
    16  services may cost, presented in a range from lowest to  highest  amount,
    17  including  the  cost per unit of weight, prior to the provision of waste
    18  removal services; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08170-07-6

        S. 6316--C                          2
 
     1    (b) Provide such customer with an invoice of the  full  cost  of  such
     2  waste  removal  services  immediately after the completion of such waste
     3  removal services; and
     4    (c)  Provide  such customer with an itemized receipt following payment
     5  for such waste removal services.
     6    3. Each invoice required pursuant to paragraph (b) of subdivision  two
     7  of this section shall contain the following notice:
     8  "THIS  INVOICE  IS  SUBJECT  TO  THE  PROVISIONS OF SECTION 392-l OF THE
     9  GENERAL BUSINESS LAW."
    10    4. Any person who violates any provision  of  this  section  shall  be
    11  liable  for  a  civil penalty not to exceed five hundred dollars for the
    12  first violation and not to exceed two thousand five hundred dollars  for
    13  subsequent violations.
    14    5.  All  civil penalties and fines collected for any violation of this
    15  section shall be deposited to the credit of the environmental protection
    16  fund established pursuant to section ninety-two-s of the  state  finance
    17  law.
    18    §  2.  Subdivision  3  of  section  92-s  of the state finance law, as
    19  amended by section 3 of part YY of chapter 58 of the laws  of  2025,  is
    20  amended to read as follows:
    21    3.  Such  fund shall consist of the amount of revenue collected within
    22  the state from the amount of revenue, interest and  penalties  deposited
    23  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    24  amount of fees and penalties received from easements or leases  pursuant
    25  to  subdivision fourteen of section seventy-five of the public lands law
    26  and the money received as annual service  charges  pursuant  to  section
    27  four  hundred four-n of the vehicle and traffic law, all moneys required
    28  to be deposited therein from the contingency reserve  fund  pursuant  to
    29  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
    30  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
    31  pursuant  to  section thirteen of chapter six hundred ten of the laws of
    32  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
    33  section  54-0511 of the environmental conservation law, all moneys to be
    34  deposited from the Northville settlement pursuant to section one hundred
    35  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
    36  hundred  ninety-six,  provided  however,  that such moneys shall only be
    37  used for the cost of the purchase of private lands in the core  area  of
    38  the  central  Suffolk  pine barrens pursuant to a consent order with the
    39  Northville industries signed on  October  thirteenth,  nineteen  hundred
    40  ninety-four  and  the related resource restoration and replacement plan,
    41  the amount of penalties required to  be  deposited  therein  by  section
    42  71-2724 of the environmental conservation law, all moneys required to be
    43  deposited  pursuant to article thirty-three of the environmental conser-
    44  vation law, all fees collected pursuant to subdivision eight of  section
    45  70-0117  of  the  environmental  conservation  law, all moneys collected
    46  pursuant to title thirty-three of article fifteen of  the  environmental
    47  conservation  law,  beginning  with  the fiscal year commencing on April
    48  first, two thousand thirteen, nineteen million dollars, and  all  fiscal
    49  years  thereafter,  twenty-three million dollars plus all funds received
    50  by the state each fiscal year in excess of the  greater  of  the  amount
    51  received  from  April  first,  two thousand twelve through March thirty-
    52  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
    53  hundred thousand dollars, from the payments collected pursuant to subdi-
    54  vision four of section 27-1012 of the environmental conservation law and
    55  all  funds  collected  pursuant  to section 27-1015 of the environmental
    56  conservation law, all  moneys  required  to  be  deposited  pursuant  to

        S. 6316--C                          3

     1  sections  27-2805 and 27-2807 of the environmental conservation law, all
     2  moneys collected  pursuant  to  section  71-2730  of  the  environmental
     3  conservation  law,  all  moneys  required  to  be  deposited pursuant to
     4  section seven hundred sixty-five of the general business law, all moneys
     5  required  to  be  deposited  pursuant to section 27-3205 of the environ-
     6  mental conservation law, all moneys collected pursuant to section  three
     7  hundred ninety-two-l of the  general business  law, and all other moneys
     8  credited  or  transferred thereto from any other fund or source pursuant
     9  to law. All such revenue shall be initially deposited into the  environ-
    10  mental  protection fund, for application as provided in subdivision five
    11  of this section.
    12    § 3. This act shall take effect immediately.
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