S T A T E O F N E W Y O R K
________________________________________________________________________
6622
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to oper-
ating permit program fees for sources of regulated air contaminants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 72-0303 of the environmental
conservation law, as amended by section 1 of part D of chapter 413 of
the laws of 1999, is amended to read as follows:
1. Commencing January first, nineteen hundred ninety-four [and every
year thereafter] UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT, all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department a
fee not to exceed forty-five dollars per ton up to six thousand tons
annually of each regulated air contaminant. COMMENCING JANUARY FIRST,
TWO THOUSAND NINE AND EVERY YEAR THEREAFTER, ALL SOURCES OF REGULATED
AIR CONTAMINANTS IDENTIFIED PURSUANT TO SUBDIVISION ONE OF SECTION
19-0311 OF THIS CHAPTER SHALL SUBMIT TO THE DEPARTMENT A FEE NOT TO
EXCEED EIGHTY DOLLARS PER TON UP TO SIX THOUSAND TONS ANNUALLY OF EACH
REGULATED AIR CONTAMINANT. Such fee shall be sufficient to support an
appropriation approved by the legislature for the direct and indirect
costs associated with the operating permit program established in
section 19-0311 of this chapter. Such fee shall be established by the
department and shall be calculated by dividing the amount of the current
year appropriation from the operating permit program account of the
clean air fund by the total tons of emissions of regulated air contam-
inants that are subject to the operating permit program fees from sourc-
es subject to the operating permit program pursuant to section 19-0311
of this chapter up to six thousand tons annually of each regulated air
contaminant from each source; provided that, in making such calculation,
the department shall adjust their calculation to account for any deficit
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09688-01-9
A. 6622 2
or surplus in the operating permit program account of the clean air fund
established pursuant to section ninety-seven-oo of the state finance
law; any loan repayment from the mobile source account of the clean air
fund established pursuant to section ninety-seven-oo of the state
finance law; and the rate of collection by the department of the bills
issued for the fee for the prior year.
S 2. This act shall take effect immediately.