STATE OF NEW YORK
________________________________________________________________________
1574
2009-2010 Regular Sessions
IN ASSEMBLY(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 § 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 § 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 § 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.
