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.