senate Bill S4998

Prohibits special assessments on hazardous wastes generated at a brownfield site administered voluntarily by a city, town, village or county

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 17 / Jun / 2013
    • PRINT NUMBER 4998A
  • 18 / Jun / 2013
    • AMEND BY RESTORING TO ORIGINAL PRINT 4998
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1609
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1249
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to hazardous waste program fees and special assessments on hazardous wastes generated.

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Bill Details

Versions:
S4998
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง27-0923 & 72-0402, En Con L

Sponsor Memo

BILL NUMBER:S4998

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to special assessments on hazardous wastes generated and
hazardous waste program fees

SUMMARY OF PROVISIONS: This proposal would waive payment of State
hazardous waste fees for sites participating in a municipal voluntary
cleanup program that is subject to a memorandum of understanding with
the Department of Environmental Conservation.

REASONS FOR SUPPORT: Under both local law and a memorandum of
understanding with the State Department of Environmental Conservation,
the City of New York operates a voluntary brownfield cleanup program.
The City voluntary cleanup program is modeled closely on the State
brownfield program and it offers property owners and developers who
agree to remediate sites to State cleanup standards liability
protection, City grants and other incentives. To date, the City,
working closely with the Department of Environmental Conservation, has
approved remedies for 86 properties, bringing needed jobs, investment
and revitalization to communities across the City.

Under the memorandum of understanding with the Department of
Environmental Conservation, the City program enrolls properties with
light to moderate levels of contamination. Nonetheless, a relative
handful of sites in the City program, when excavating soil for offsite
disposal, encounter hazardous waste which is then excavated and
disposed of offsite at permitted facilities. Because hazardous waste
is generated, site owners are assessed the state hazardous waste fee
of $130 per ton, which can amount to tens of thousands of dollars in
unanticipated project costs.

As a matter of policy, the State hazardous waste fee appropriately
discourages the generation of hazardous waste. However, when the fee
is applied to parties who volunteer to participate in a government-run
cleanup program, it provides a disincentive for property owners to
remediate their sites. Because of this, sites in the State brownfield
program are exempt from State hazardous waste fees. This amendment
would extend the waiver of hazardous waste fees to sites in the City
cleanup program. Any lost revenue to the State from the waiver would
likely be made up in income and sales tax generated from developments
that are built on sites remediated through the City cleanup program.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4998

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  special  assessments on hazardous wastes generated and hazardous waste
  program fees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Paragraph  c of subdivision 3 of section 27-0923 of the
environmental conservation law, as amended by section 5  of  part  I  of
chapter 577 of the laws of 2004, is amended to read as follows:
  c.  For  the  purpose  of  this section, generation of hazardous waste
shall not include retrieval or creation of hazardous waste which must be
disposed of under an order of or agreement with the department  pursuant
to  title thirteen or title fourteen of this article or under a contract
with the department pursuant to title five of article fifty-six of  this
chapter  OR  UNDER AN AGREEMENT WITH A MUNICIPALITY THAT IS SUBJECT TO A
MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT RELATED TO  THE  REMEDI-
ATION OF BROWNFIELD SITES.
  S  2.  Subparagraph  (vi)  of  paragraph d of subdivision 1 of section
72-0402 of the environmental conservation law, as amended by chapter  99
of the laws of 2010, is amended to read as follows:
  (vi)  under  a  brownfield  site cleanup agreement with the department
pursuant to section 27-1409 of this chapter OR UNDER AN AGREEMENT WITH A
MUNICIPALITY THAT IS SUBJECT TO A MEMORANDUM OF UNDERSTANDING  WITH  THE
DEPARTMENT RELATED TO THE REMEDIATION OF BROWNFIELD SITES; or
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10574-02-3

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