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A03647 Summary:

BILL NOA03647
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSRSolages, Galef, Cook
 
MLTSPNSRBlankenbush, Rivera J
 
Add §404-ff, V & T L; amd §92-s, St Fin L
 
Establishes a distinctive "New York recycles" license plate, with the proceeds from the additional $25 annual service charge therefor to be deposited into the solid waste account of the environmental protection fund for municipal waste reduction or recycling projects.
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A03647 Actions:

BILL NOA03647
 
01/28/2021referred to transportation
01/05/2022referred to transportation
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A03647 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3647
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the vehicle and traffic law and the state finance law, in relation to establishing a distinctive "New York recycles" license plate   PURPOSE: The bill would promote reduction, reuse and recycling in NYS through the production of this license plate and would also raise money for the Environmental Protection Fund to be allocated to municipal waste reduction and recycling projects.   SUMMARY OF SPECIFIC PROVISIONS: The bill would amend the Vehicle and Traffic Law adding a new section 404-ff to change the current "organization plate" for "New York Recy- cles" to an "issues" license plate available for an additional annual twenty five dollar charge. The license plate would still be titled "New York Recycles" and it would promote reuse, recycling and recovery in New York State. The bill would require the twenty five dollar annual service charge from each license plate sale to be credited to the Environmental Protection Fund Solid Waste Account to fund municipal waste reduction or recycling activities. The bill amends subdivision 3 of section 92-s of the state Finance Law to require that proceeds from the sale of this license plate are appro- priated to the Solid Waste Account of the Environmental protection Fund. The bill also establishes that the funds from the license plate sales shall be used exclusively for municipal waste reduction or recycling projects. The bill also allows the Department of Motor Vehicles to recover production costs, if such costs are not covered by the New York state Association of Reduction, Reuse and Recycling (NYSAR3).   PRIOR LEGISLATIVE HISTORY: 2019-20: A2222 referred to Transportation 2017-18: A874 referred to Transportation 2015-16: A1806 referred to Transportation/S4535 referred to Transporta- tion 2013-14: A1622 referred to Transportation/S288 referred to Transporta- tion 2011-12: A7619 referred to Transportation/S2649 referred to Transporta- tion 2009-10: S852 referred to Transportation 2007-08: A3359 referred to Transportation/S3837 referred to Finance 2005-06: A6799B/S3643C Veto 227   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This bill shall take effect immediately.
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A03647 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3647
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        Introduced  by M. of A. GUNTHER, SOLAGES, GALEF, COOK -- Multi-Sponsored
          by -- M. of A.  BLANKENBUSH, J. RIVERA -- read once  and  referred  to
          the Committee on Transportation
 
        AN  ACT  to amend the vehicle and traffic law and the state finance law,
          in relation to establishing a distinctive "New York recycles"  license
          plate

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 404-ff to read as follows:
     3    §  404-ff.  Distinctive  "New  York  recycles"  license plates. 1. Any
     4  person residing in this state shall, upon request, be issued a  distinc-
     5  tive  "New  York  recycles"  license  plate  of  a  design developed and
     6  approved by the commissioner, in cooperation with  the  New  York  State
     7  Association  for  Reduction,  Reuse  and Recycling. Application for such
     8  license shall be filed with the commissioner in such form and detail  as
     9  the commissioner shall prescribe.
    10    2.  A distinctive "New York recycles" license plate issued pursuant to
    11  this section shall be issued in the same manner as other  number  plates
    12  upon  the  payment of the regular registration fee prescribed by section
    13  four hundred one of this article, provided, however, that an  additional
    14  annual  service  charge of twenty-five dollars shall be charged for such
    15  plate. Each twenty-five dollars received as  an  annual  service  charge
    16  under  this  section shall be deposited to the credit of the solid waste
    17  account of the environmental protection  fund  established  pursuant  to
    18  section  ninety-two-s  of  the  state  finance law and shall be used for
    19  municipal waste reduction or recycling projects, pursuant to title seven
    20  of article fifty-four of the environmental conservation  law.  Provided,
    21  however,  that  one year after the effective date of this section, funds
    22  in the amount of five thousand dollars, or so much  thereof  as  may  be
    23  available, shall be allocated from such fund to the department to offset
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02499-01-1

        A. 3647                             2
 
     1  costs  associated with the production of such license plates except that
     2  no such funds shall be so allocated if the department has received funds
     3  for such purpose from the New  York  State  Association  for  Reduction,
     4  Reuse and Recycling.
     5    §  2.  Subdivision  3  of  section  92-s  of the state finance law, as
     6  amended by section 3 of part PP of chapter 58 of the laws  of  2020,  is
     7  amended to read as follows:
     8    3.  Such  fund shall consist of the amount of revenue collected within
     9  the state from the amount of revenue, interest and  penalties  deposited
    10  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    11  amount of fees and penalties received from easements or leases  pursuant
    12  to  subdivision fourteen of section seventy-five of the public lands law
    13  and the money received as annual service  charges  pursuant  to  section
    14  four  hundred four-n of the vehicle and traffic law, all moneys required
    15  to be deposited therein from the contingency reserve  fund  pursuant  to
    16  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
    17  nineteen hundred ninety-three, the money received as  additional  annual
    18  service  charges pursuant to section four hundred four-ff of the vehicle
    19  and traffic law (the entirety of which shall be deposited to the  credit
    20  of  the solid waste account), all moneys required to be deposited pursu-
    21  ant to section thirteen of chapter six hundred ten of the laws of  nine-
    22  teen  hundred ninety-three, repayments of loans made pursuant to section
    23  54-0511 of the environmental conservation law, all moneys to be deposit-
    24  ed from the Northville settlement pursuant to section one hundred  twen-
    25  ty-four  of  chapter  three hundred nine of the laws of nineteen hundred
    26  ninety-six, provided however, that such moneys shall only  be  used  for
    27  the  cost  of  the  purchase  of  private  lands in the core area of the
    28  central Suffolk pine barrens pursuant to a consent order with the North-
    29  ville industries signed on October thirteenth, nineteen hundred  ninety-
    30  four  and  the  related  resource  restoration and replacement plan, the
    31  amount of penalties required to be deposited therein by section  71-2724
    32  of  the environmental conservation law, all moneys required to be depos-
    33  ited pursuant to article thirty-three of the environmental  conservation
    34  law, all fees collected pursuant to subdivision eight of section 70-0117
    35  of  the environmental conservation law, all moneys collected pursuant to
    36  title thirty-three of article fifteen of the environmental  conservation
    37  law, beginning with the fiscal year commencing on April first, two thou-
    38  sand  thirteen, nineteen million dollars, and all fiscal years thereaft-
    39  er, twenty-three million dollars plus all funds received  by  the  state
    40  each  fiscal  year  in excess of the greater of the amount received from
    41  April first, two thousand twelve through March thirty-first,  two  thou-
    42  sand  thirteen  or  one  hundred twenty-two million two hundred thousand
    43  dollars, from the payments collected pursuant  to  subdivision  four  of
    44  section  27-1012  of  the  environmental  conservation law and all funds
    45  collected pursuant to section 27-1015 of the environmental  conservation
    46  law,  all  moneys  required to be deposited pursuant to sections 27-2805
    47  and 27-2807 of the environmental conservation law, all moneys  collected
    48  pursuant  to  section 71-2730 of the environmental conservation law, and
    49  all other moneys credited or transferred thereto from any other fund  or
    50  source  pursuant  to  law. All such revenue shall be initially deposited
    51  into the environmental protection fund, for application as  provided  in
    52  subdivision five of this section.
    53    §  3.  Paragraph  (b)  of  subdivision  6 of section 92-s of the state
    54  finance law, as amended by section 3 of part U of chapter 58 of the laws
    55  of 2016, is amended to read as follows:

        A. 3647                             3
 
     1    (b) Moneys from the solid waste account shall be  available,  pursuant
     2  to appropriation and upon certificate of approval of availability by the
     3  director of the budget, for any non-hazardous municipal landfill closure
     4  project;  municipal  waste reduction or recycling project, as defined in
     5  article  fifty-four  of  the  environmental  conservation  law;  for the
     6  purposes of section  two  hundred  sixty-one  and  section  two  hundred
     7  sixty-four of the economic development law; any project for the develop-
     8  ment,  updating or revision of local solid waste management plans pursu-
     9  ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
    10  law;  environmental  justice projects and grants and for the development
    11  of the pesticide sales and use data base pursuant  to  title  twelve  of
    12  article  thirty-three  of  the environmental conservation law; provided,
    13  however, that moneys credited to such account from the money received as
    14  additional annual service charges pursuant to section four hundred four-
    15  ff of the vehicle and traffic law shall be  made  available  exclusively
    16  for  municipal  waste  reduction or recycling projects pursuant to title
    17  seven of article fifty-four of the environmental conservation law.
    18    § 4. This act shall take effect immediately.
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