S T A T E O F N E W Y O R K
________________________________________________________________________
1344
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. COLTON, BOYLAND, BENJAMIN -- Multi-Sponsored by
-- M. of A. DIAZ, GOTTFRIED, GUNTHER, KOON, LAVINE, ROBINSON, SWEENEY,
WEISENBERG, ZEBROWSKI -- 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-x to read as follows:
S 404-X. DISTINCTIVE "NEW YORK RECYCLES" LICENSE PLATES. 1. ANY PERSON
RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINCTIVE "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. SUCH ANNUAL SERVICE CHARGE SHALL BE DEPOSITED PURSUANT TO THE
PROVISIONS OF SECTION FOUR HUNDRED FOUR-OO OF THIS ARTICLE TO THE CREDIT
OF THE DEPARTMENT OF MOTOR VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND,
ESTABLISHED BY SECTION NINETY-FIVE-G OF THE STATE FINANCE LAW, AND SHALL
BE USED FOR THE PRODUCTION, DESIGN, ADVERTISING AND MARKETING OF
DISTINCTIVE LICENSE PLATES PURSUANT TO SUCH SECTION OF THE STATE FINANCE
LAW; PROVIDED, HOWEVER, THAT SUCH ANNUAL SERVICE CHARGES SHALL BE DEPOS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01364-01-9
A. 1344 2
ITED 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 IN THE EVENT THE DEPARTMENT HAS RECEIVED FUNDS FROM
THE NEW YORK STATE ASSOCIATION FOR REDUCTION, REUSE AND RECYCLING FOR
THE PURPOSE OF OFFSETTING THE COSTS ASSOCIATED WITH THE PRODUCTION OF
SUCH LICENSE PLATES, OR WHEN SUCH ANNUAL SERVICE CHARGES EXCEED SIX
THOUSAND DOLLARS, WHICHEVER SHALL OCCUR FIRST.
S 2. Subdivision 3 of section 92-s of the state finance law, as
amended by chapter 145 of the laws of 2004, 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-l of the vehicle and traffic law, THE MONEY RECEIVED
AS ADDITIONAL ANNUAL SERVICE CHARGES PURSUANT TO SECTION FOUR HUNDRED
FOUR-X 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 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, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-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
Northville 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, 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 environ-
mental protection fund, for application as provided in subdivision five
of this section.
S 3. Paragraph (b) of subdivision 6 of section 92-s of the state
finance law, as amended by chapter 432 of the laws of 1997, 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
law; and for the development of the pesticide sales and use data base in
conjunction with Cornell University 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 ADDI-
TIONAL ANNUAL SERVICE CHARGES PURSUANT TO SECTION FOUR HUNDRED FOUR-X OF
A. 1344 3
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.
S 4. This act shall take effect immediately.