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

                                 8922--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced  by  M. of A. DelMONTE, STIRPE -- Multi-Sponsored by -- M. of
  A. GABRYSZAK, HOOPER, MAYERSOHN, MENG, PEOPLES-STOKES, PERRY,  SCHIMEL
  --  read once and referred to the Committee on Environmental Conserva-
  tion -- recommitted to the Committee on Environmental Conservation  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  creating a hazardous waste landfill special assessment

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

  Section  1. The section heading, the opening paragraph and paragraph a
of subdivision 1 of section 27-0923 of  the  environmental  conservation
law,  the  section heading and the opening paragraph of subdivision 1 as
added by chapter 38 of the laws of 1985 and paragraph a of subdivision 1
as amended by chapter 423 of the laws of 1990, are  amended  and  a  new
paragraph g is added to read as follows:
  Special assessments on hazardous wastes [generated].
  On  and  after  [June]  JULY first, [nineteen hundred eighty-five] TWO
THOUSAND TEN, there is hereby imposed upon every person who  is  engaged
within  the  state  in  the  generation of hazardous waste identified or
listed pursuant to this title a special assessment to be  determined  as
follows:
  a.  [Twenty-seven]  SEVEN dollars per ton of hazardous waste generated
which is disposed of in a landfill on the site where the waste is gener-
ated or which is designated for removal or  removed  from  the  site  of
generation for disposal in a landfill or which is designated for removal
or  removed from the site of generation for storage prior to disposal in
a landfill;
  G. FOR THE PURPOSE OF THIS SUBDIVISION, GENERATION OF HAZARDOUS  WASTE
SHALL NOT INCLUDE RETRIEVAL OR CREATION OF HAZARDOUS WASTE WHICH MUST BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14310-04-0
              

A. 8922--A                          2

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.
  S  2.  Subdivision 2 of section 27-0923 of the environmental conserva-
tion law, as amended by chapter 423 of the laws of 1990, is  amended  to
read as follows:
  2.  On  or after [June] JULY first, [nineteen hundred eighty-five] TWO
THOUSAND TEN, there is hereby imposed upon persons  holding  permits  or
required  to  hold  permits  for  the  storage, treatment or disposal of
hazardous waste pursuant to section 27-0913 of this  title  a  hazardous
waste disposal special assessment [to be determined as follows:
  a. Twenty-seven] OF TWENTY dollars per ton of hazardous waste which is
received  for disposal in a landfill or for storage prior to disposal in
a landfill[;
  b. Nine dollars per ton of  hazardous  waste  which  is  received  for
incineration or for storage prior to incineration;
  c.  Sixteen  dollars  per ton of hazardous waste which is received for
treatment or disposal, exclusive of disposal in a landfill or by  incin-
eration, or for storage prior to such treatment or disposal;
  d.  No special assessment shall be imposed under this subdivision upon
receipt for treatment or disposal, or storage prior thereto of hazardous
waste where such waste was generated by persons subject to  the  special
assessment under subdivision one of this section].
  S  3. Section 27-0923 of the environmental conservation law is amended
by adding a new subdivision 2-a to read as follows:
  2-A. TEN PERCENT OF ANY SPECIAL ASSESSMENT PAID FOR LANDFILL  DISPOSAL
SHALL  GO  TO THE COUNTY HEALTH DEPARTMENT OF THE COUNTY WHERE THE LAND-
FILL THAT IS ACCEPTING HAZARDOUS WASTE IS LOCATED.  SUCH FUNDS SHALL  BE
PAID  TO  THE COUNTY ON A QUARTERLY BASIS ON OR BEFORE THE TWENTIETH DAY
OF THE MONTH AFTER THE  END  OF  EACH  CALENDAR  QUARTER.    ALL  MONEYS
COLLECTED  OR  RECEIVED  BY THE COUNTY PURSUANT TO THIS SECTION SHALL BE
CREDITED TO THE COUNTY HEALTH DEPARTMENTS.   COUNTY  HEALTH  DEPARTMENTS
SHALL USE SUCH MONIES FOR ASSESSMENT OF ANY POTENTIAL HEALTH OR ENVIRON-
MENTAL  IMPACT  FROM  THE LANDFILL DISPOSAL FACILITY, INCLUDING SOIL AND
WATER TESTING. SUCH MONIES SHALL SUPPLEMENT  AND  IN  NO  CASE  SUPPLANT
EXISTING FUNDING.
  S  4. Paragraphs c, d and e of subdivision 3 of section 27-0923 of the
environmental conservation law, paragraph c as amended by section  5  of
part I of chapter 577 of the laws of 2004, paragraph d as added by chap-
ter  512  of the laws of 1986 and paragraph e as added by chapter 423 of
the laws of 1990, are 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.
  d.] No portion of the special assessments collected pursuant  to  this
section  shall  be  used for any purpose if such use, under federal law,
would preclude the collection of such special assessment.
  [e.] D. Notwithstanding any provision of this section to the contrary,
the actual method utilized to dispose of or treat  any  hazardous  waste
shall  govern the determination of the rate per ton applicable under the
special assessments imposed by this  section,  even  if  such  hazardous
waste  was  designated  for  removal,  removed,  stored  or received for

A. 8922--A                          3

disposal or treatment by a method different  than  the  method  actually
utilized.  Where any such special assessment with respect to any hazard-
ous waste is reported and paid on the basis of a rate per ton  which  is
greater  than  the rate per ton applicable to the actual method utilized
to dispose of or treat such hazardous waste, the difference between  the
amount  reported  and  paid  and  the  amount due using the rate per ton
applicable to the actual method utilized shall be considered an overpay-
ment of such  special  assessment.  The  commissioner  of  taxation  and
finance  shall  credit or refund such overpayment in the manner provided
and subject to the conditions contained in article twenty-seven  of  the
tax law, as incorporated by subdivision six of this section.
  S  5.  Paragraph b of subdivision 4 of section 27-0923 of the environ-
mental conservation law, as added by chapter 38 of the laws of 1985,  is
amended to read as follows:
  b.  All  [moneys]  MONIES  collected  or received by the department of
taxation and finance pursuant to this section shall be  deposited  daily
to  the  credit  of the comptroller with such responsible banks, banking
houses or trust companies as may be designated by the comptroller.  Such
deposits  shall  be kept separate and apart from all other moneys in the
possession of the comptroller. The comptroller  shall  require  adequate
security  from  all  such  depositories. Of the revenues collected under
this section, the comptroller shall retain in his hands such amounts  as
the  commissioner  of taxation and finance may determine to be necessary
for refunds under this section and the comptroller shall pay any refunds
to which those liable for special assessments shall  be  entitled  under
the  provisions  of  this  section. The comptroller, after reserving the
amount to pay such refunds, shall, on or before the tenth  day  of  each
month,  pay  all  special  assessments, interest and penalties collected
under this section and remaining to his credit in  such  banks,  banking
houses  or  trust  companies at the close of business on the last day of
the preceding month into  the  hazardous  waste  remedial  fund  created
pursuant  to  section  ninety-seven-b  of  the state finance law. Within
thirty days after each quarterly reporting date, the  comptroller  shall
certify  the  amount of special assessments under this section deposited
in the hazardous waste remedial fund during the  preceding  quarter  and
the  cumulative amount collected since the start of the current calendar
year, and shall submit such certification to the governor and the chair-
man of the senate finance committee and the  chairman  of  the  assembly
ways and means committee.
  S 6. This act shall take effect July 1, 2010.