S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4329
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, COOK -- 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 404-ff to read as follows:
   § 404-FF. DISTINCTIVE "NEW  YORK  RECYCLES"  LICENSE  PLATES.  1.  ANY
 PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
 TIVE "NEW YORK  RECYCLES"  LICENSE  PLATE  OF  A  DESIGN  DEVELOPED  AND
 APPROVED  BY  THE  COMMISSIONER,  IN COOPERATION WITH THE NEW YORK STATE
 ASSOCIATION FOR REDUCTION, REUSE AND  RECYCLING.  APPLICATION  FOR  SUCH
 LICENSE  SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS
 THE COMMISSIONER SHALL PRESCRIBE.
   2. A DISTINCTIVE "NEW YORK RECYCLES" LICENSE PLATE ISSUED PURSUANT  TO
 THIS  SECTION  SHALL BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES
 UPON THE PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED  BY  SECTION
 FOUR  HUNDRED ONE OF THIS ARTICLE, PROVIDED, HOWEVER, THAT AN ADDITIONAL
 ANNUAL SERVICE CHARGE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED  FOR  SUCH
 PLATE.  EACH  TWENTY-FIVE  DOLLARS  RECEIVED AS AN ANNUAL SERVICE CHARGE
 UNDER THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE  SOLID  WASTE
 ACCOUNT  OF  THE  ENVIRONMENTAL  PROTECTION FUND ESTABLISHED PURSUANT TO
 SECTION NINETY-TWO-S OF THE STATE FINANCE LAW  AND  SHALL  BE  USED  FOR
 MUNICIPAL WASTE REDUCTION OR RECYCLING PROJECTS, PURSUANT TO TITLE SEVEN
 OF  ARTICLE  FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW. PROVIDED,
 HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION,  FUNDS
 IN  THE  AMOUNT  OF  FIVE THOUSAND DOLLARS, OR SO MUCH THEREOF AS MAY BE
 AVAILABLE, SHALL BE ALLOCATED FROM SUCH FUND TO THE DEPARTMENT TO OFFSET
 COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH LICENSE PLATES EXCEPT  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09025-01-3
              

 A. 4329                             2
 
 NO SUCH FUNDS SHALL BE SO ALLOCATED IF THE DEPARTMENT HAS RECEIVED FUNDS
 FOR  SUCH  PURPOSE  FROM  THE  NEW YORK STATE ASSOCIATION FOR REDUCTION,
 REUSE AND RECYCLING.
   §  2.  Subdivision  3  of  section  92-s  of the state finance law, as
 amended by section 3 of part PP of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   3.  Such  fund shall consist of the amount of revenue collected within
 the state from the amount of revenue, interest and  penalties  deposited
 pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
 amount of fees and penalties received from easements or leases  pursuant
 to  subdivision fourteen of section seventy-five of the public lands law
 and the money received as annual service  charges  pursuant  to  section
 four  hundred four-n of the vehicle and traffic law, all moneys required
 to be deposited therein from the contingency reserve  fund  pursuant  to
 section  two  hundred  ninety-four of chapter fifty-seven of the laws of
 nineteen hundred ninety-three, THE MONEY RECEIVED AS  ADDITIONAL  ANNUAL
 SERVICE  CHARGES PURSUANT TO SECTION FOUR HUNDRED FOUR-FF OF THE VEHICLE
 AND TRAFFIC LAW (THE ENTIRETY OF WHICH SHALL BE DEPOSITED TO THE  CREDIT
 OF  THE SOLID WASTE ACCOUNT), all moneys required to be deposited pursu-
 ant to section thirteen of chapter six hundred ten of the laws of  nine-
 teen  hundred ninety-three, repayments of loans made pursuant to section
 54-0511 of the environmental conservation law, all moneys to be deposit-
 ed from the Northville settlement pursuant to section one hundred  twen-
 ty-four  of  chapter  three hundred nine of the laws of nineteen hundred
 ninety-six, provided however, that such moneys shall only  be  used  for
 the  cost  of  the  purchase  of  private  lands in the core area of the
 central Suffolk pine barrens pursuant to a consent order with the North-
 ville industries signed on October thirteenth, nineteen hundred  ninety-
 four  and  the  related  resource  restoration and replacement plan, the
 amount of penalties required to be deposited therein by section  71-2724
 of  the environmental conservation law, all moneys required to be depos-
 ited pursuant to article thirty-three of the environmental  conservation
 law, all fees collected pursuant to subdivision eight of section 70-0117
 of  the environmental conservation law, all moneys collected pursuant to
 title thirty-three of article fifteen of the environmental  conservation
 law, beginning with the fiscal year commencing on April first, two thou-
 sand  thirteen, nineteen million dollars, and all fiscal years thereaft-
 er, twenty-three million dollars plus all funds received  by  the  state
 each  fiscal  year  in excess of the greater of the amount received from
 April first, two thousand twelve through March thirty-first,  two  thou-
 sand  thirteen  or  one  hundred twenty-two million two hundred thousand
 dollars, from the payments collected pursuant  to  subdivision  four  of
 section  27-1012  of  the  environmental  conservation law and all funds
 collected pursuant to section 27-1015 of the environmental  conservation
 law,  all  moneys  required to be deposited pursuant to sections 27-2805
 and 27-2807 of the environmental conservation law, all moneys  collected
 pursuant  to  section 71-2730 of the environmental conservation law, and
 all other moneys credited or transferred thereto from any other fund  or
 source  pursuant  to  law. All such revenue shall be initially deposited
 into the environmental protection fund, for application as  provided  in
 subdivision five of this section.
   §  2-a.  Subdivision  3  of  section 92-s of the state finance law, as
 amended by chapter 734 of the laws  of  2021,  is  amended  to  read  as
 follows:
   3.  Such  fund shall consist of the amount of revenue collected within
 the state from the amount of revenue, interest and  penalties  deposited
 A. 4329                             3
 
 pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
 amount of fees and penalties received from easements or leases  pursuant
 to  subdivision fourteen of section seventy-five of the public lands law
 and  the  money  received  as annual service charges pursuant to section
 four hundred four-n of the vehicle and traffic law, all moneys  required
 to  be  deposited  therein from the contingency reserve fund pursuant to
 section two hundred ninety-four of chapter fifty-seven of  the  laws  of
 nineteen  hundred  ninety-three, THE MONEY RECEIVED AS ADDITIONAL ANNUAL
 SERVICE CHARGES PURSUANT TO SECTION FOUR HUNDRED FOUR-FF OF THE  VEHICLE
 AND  TRAFFIC LAW (THE ENTIRETY OF WHICH SHALL BE DEPOSITED TO THE CREDIT
 OF THE SOLID WASTE ACCOUNT), all moneys required to be deposited  pursu-
 ant  to section thirteen of chapter six hundred ten of the laws of nine-
 teen hundred ninety-three, repayments of loans made pursuant to  section
 54-0511 of the environmental conservation law, all moneys to be deposit-
 ed  from the Northville settlement pursuant to section one hundred twen-
 ty-four of chapter three hundred nine of the laws  of  nineteen  hundred
 ninety-six,  provided  however,  that such moneys shall only be used for
 the cost of the purchase of private  lands  in  the  core  area  of  the
 central Suffolk pine barrens pursuant to a consent order with the North-
 ville  industries signed on October thirteenth, nineteen hundred ninety-
 four and the related resource  restoration  and  replacement  plan,  the
 amount  of penalties required to be deposited therein by section 71-2724
 of the environmental conservation law, all moneys required to be  depos-
 ited  pursuant to article thirty-three of the environmental conservation
 law, all fees collected pursuant to subdivision eight of section 70-0117
 of the environmental conservation law, all moneys collected pursuant  to
 title  thirty-three of article fifteen of the environmental conservation
 law, beginning with the fiscal year commencing on April first, two thou-
 sand thirteen, nineteen million dollars, and all fiscal years  thereaft-
 er,  twenty-three  million  dollars plus all funds received by the state
 each fiscal year in excess of the greater of the  amount  received  from
 April  first,  two thousand twelve through March thirty-first, two thou-
 sand thirteen or one hundred twenty-two  million  two  hundred  thousand
 dollars,  from  the  payments  collected pursuant to subdivision four of
 section 27-1012 of the environmental  conservation  law  and  all  funds
 collected  pursuant to section 27-1015 of the environmental conservation
 law, all moneys required to be deposited pursuant  to  sections  27-2805
 and  27-2807 of the environmental conservation law, all moneys collected
 pursuant to section 71-2730 of the environmental conservation  law,  all
 moneys required to be deposited pursuant to section 27-3205 of the envi-
 ronmental conservation law, and all other moneys credited or transferred
 thereto  from any other fund or source pursuant to law. All such revenue
 shall be initially deposited into the environmental protection fund, for
 application as provided in subdivision five of this section.
   § 3. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
 finance law, as amended by section 3 of part U of chapter 58 of the laws
 of 2016, is amended to read as follows:
   (b)  Moneys  from the solid waste account shall be available, pursuant
 to appropriation and upon certificate of approval of availability by the
 director of the budget, for any non-hazardous municipal landfill closure
 project; municipal waste reduction or recycling project, as  defined  in
 article  fifty-four  of  the  environmental  conservation  law;  for the
 purposes of section  two  hundred  sixty-one  and  section  two  hundred
 sixty-four of the economic development law; any project for the develop-
 ment,  updating or revision of local solid waste management plans pursu-
 ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
 A. 4329                             4
 
 law;  environmental  justice projects and grants and for the development
 of the pesticide sales and use data base pursuant  to  title  twelve  of
 article  thirty-three  of  the environmental conservation law; PROVIDED,
 HOWEVER, THAT MONEYS CREDITED TO SUCH ACCOUNT FROM THE MONEY RECEIVED AS
 ADDITIONAL ANNUAL SERVICE CHARGES PURSUANT TO SECTION FOUR HUNDRED FOUR-
 FF  OF  THE  VEHICLE AND TRAFFIC LAW SHALL BE MADE AVAILABLE EXCLUSIVELY
 FOR MUNICIPAL WASTE REDUCTION OR RECYCLING PROJECTS  PURSUANT  TO  TITLE
 SEVEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  4.  This act shall take effect immediately; provided, however, that
 if chapter 734 of the laws of 2021 shall not have  taken  effect  on  or
 before such date then section two-a of this act shall take effect on the
 same  date  and  in the same manner as such chapter of the laws of 2021,
 takes effect.