Senate Bill S5069

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

                                  5069

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to the creation of a nontoxic dry cleaning  incentive
  grant  and  demonstration  program  and establishes an account to fund
  such grant and demonstration program

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

  Section  1.  The environmental conservation law is amended by adding a
new article 48 to read as follows:
                               ARTICLE 48
                          NONTOXIC DRY CLEANING
SECTION 48-0101. NONTOXIC DRY CLEANING INCENTIVE FEE.
        48-0103. NONTOXIC DRY CLEANING INCENTIVE GRANT AND DEMONSTRATION
                   PROGRAM.
S 48-0101. NONTOXIC DRY CLEANING INCENTIVE FEE.
  1. (A) THE DEPARTMENT SHALL IMPOSE A THREE DOLLAR PER  GALLON  FEE  ON
THE USE, MANUFACTURE AND SALE OF PERCHLOROETHYLENE IN THE STATE.
  (B)  THE AMOUNT OF THE FEE IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL INCREASE BY ONE DOLLAR PER GALLON ON  JANUARY  FIRST,  TWO
THOUSAND  ELEVEN, AND SHALL INCREASE BY ONE DOLLAR EACH SUBSEQUENT YEAR,
UNTIL JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  2. MONEYS GENERATED BY THE FEE IMPOSED PURSUANT TO SUBDIVISION ONE  OF
THIS  SECTION  SHALL BE DEPOSITED IN THE NONTOXIC DRY CLEANING INCENTIVE
FUND, ESTABLISHED BY SECTION NINETY-TWO-H OF THE STATE FINANCE LAW.
  3. (A) MONEYS DEPOSITED IN THE NONTOXIC DRY CLEANING  INCENTIVE  TRUST
FUND SHALL BE AVAILABLE FOR EXPENDITURE BY THE COMMISSIONER, UPON APPRO-
PRIATION  BY  THE  LEGISLATURE,  TO  FUND THE GRANT PROGRAM DESCRIBED IN
SECTION 48-0103 OF THIS ARTICLE AND TO FUND  THE  DEMONSTRATION  PROJECT
DESCRIBED IN SUBDIVISION FIVE OF SECTION 48-0103 OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11655-01-9

              

S. 5069                             2

  (B)  THE COMMISSIONER SHALL ALLOCATE, FROM THE MONEYS DERIVED FROM THE
IMPOSITION OF THE FEE PURSUANT TO THIS SECTION, MONEYS  THAT  IT  DETER-
MINES  ARE  SUFFICIENT  TO  FUND  THE DEMONSTRATION PROJECT DESCRIBED IN
SUBDIVISION FIVE OF SECTION 48-0103 OF THIS ARTICLE, AND  SHALL  UTILIZE
THE  REMAINING  MONEYS TO FUND THE NONTOXIC DRY CLEANING INCENTIVE GRANT
PROGRAM.
  4. NOT MORE THAN FIVE PERCENT OF THE MONEYS IN  THE  FUND,  CALCULATED
ANNUALLY,  MAY  BE  UTILIZED BY THE COMMISSIONER TO ADMINISTER THE GRANT
AND DEMONSTRATION PROGRAMS.
S 48-0103. NONTOXIC  DRY  CLEANING  INCENTIVE  GRANT  AND  DEMONSTRATION
             PROGRAM.
  1.  THE  COMMISSIONER SHALL DEVELOP AND IMPLEMENT A GRANT PROGRAM THAT
PROVIDES INCENTIVES FOR DRY CLEANERS IN THE STATE THAT UTILIZE  PERCHLO-
ROETHYLENE  IN  THEIR OPERATIONS TO TRANSITION TO UTILIZING DRY CLEANING
SYSTEMS DETERMINED BY THE DEPARTMENT TO BE NONTOXIC AND NONSMOG-FORMING.
  2. TO BE ELIGIBLE FOR A GRANT PURSUANT  TO  THIS  SECTION,  APPLICANTS
SHALL  COMPLETELY  REPLACE  THEIR  PERCHLOROETHYLENE-BASED  DRY CLEANING
SYSTEM WITH A SYSTEM THAT THE DEPARTMENT DETERMINES TO  BE  APPROPRIATE,
HAS DETERMINED TO BE NONTOXIC AND NONSMOG-FORMING.  THE DEPARTMENT SHALL
DETERMINE THE ELIGIBILITY OF GRANT RECIPIENTS.
  3. (A) THE DEPARTMENT SHALL MAKE GRANTS AVAILABLE IN THE AMOUNT OF TEN
THOUSAND DOLLARS TO ANY ELIGIBLE DRY CLEANING OPERATION FOR THE PURCHASE
OF  A PROFESSIONAL DRY CLEANING SYSTEM THAT USES A NONTOXIC AND NONSMOG-
FORMING PROCESS.
  (B) THE DEPARTMENT SHALL ENSURE THAT AT LEAST  FIFTY  PERCENT  OF  THE
GRANT  MONEYS  PROVIDED PURSUANT TO THIS SECTION ARE AWARDED IN A MANNER
THAT DIRECTLY REDUCES AIR CONTAMINANTS OR REDUCES THE PUBLIC HEALTH RISK
ASSOCIATED WITH AIR CONTAMINANTS IN COMMUNITIES WITH  THE  MOST  SIGNIF-
ICANT  EXPOSURE  TO  AIR  CONTAMINANTS OR LOCALIZED AIR CONTAMINANTS, OR
BOTH, INCLUDING, BUT NOT LIMITED TO, COMMUNITIES OF MINORITY POPULATIONS
OR LOW-INCOME POPULATIONS, OR BOTH.
  4. COMMENCING JANUARY FIRST, TWO  THOUSAND  TWELVE,  AND  EVERY  THREE
YEARS  THEREAFTER, THE DEPARTMENT SHALL PROVIDE A REPORT TO THE LEGISLA-
TURE EVALUATING EFFECTIVENESS OF THE GRANT PROGRAM.
  5. THE DEPARTMENT SHALL ESTABLISH A DEMONSTRATION PROGRAM TO  SHOWCASE
PROFESSIONAL  NONTOXIC  AND NONSMOG-FORMING DRY CLEANING TECHNOLOGIES IN
THE STATE. THE DEMONSTRATION PROGRAM SHALL REQUIRE FIFTY PERCENT  MATCH-
ING  FUNDS  TO  COVER THE COSTS OF THE DEMONSTRATION PROGRAM. ANY ENTITY
MAY CONTRIBUTE MONIES AS MATCHING FUNDS, INCLUDING, BUT NOT LIMITED  TO,
A  STATE  OR  FEDERAL  AGENCY,  AN AIR POLLUTION CONTROL DISTRICT OR AIR
QUALITY MANAGEMENT DISTRICT, A PUBLIC UTILITY DISTRICT, OR  A  NONPROFIT
ENTITY.  NOT MORE THAN THIRTY PERCENT OF THE FUNDS DEPOSITED ANNUALLY IN
THE NONTOXIC DRY CLEANING INCENTIVE TRUST  FUND  MAY  BE  USED  FOR  THE
DEMONSTRATION PROGRAM.
  S  2. The state finance law is amended by adding a new section 92-h to
read as follows:
  S 92-H. NONTOXIC DRY CLEANING  INCENTIVE  FUND.  1.  THERE  IS  HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
OF  TAXATION  AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE NONTOXIC DRY
CLEANING INCENTIVE FUND.
  2. SUCH FUND SHALL CONSIST OF REVENUES COLLECTED AND DEPOSITED BY  THE
DEPARTMENT  OF ENVIRONMENTAL CONSERVATION FROM THE FEE ON THE USE, MANU-
FACTURE AND SALE OF PERCHLOROETHYLENE PURSUANT TO SECTION 48-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW AND ALL OTHER MONEYS APPROPRIATED.    ANY
INTEREST  EARNED  BY THE INVESTMENT OF MONEY IN SUCH FUND SHALL BE ADDED

S. 5069                             3

TO SUCH FUND, BECOME A PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF
SUCH FUND.
  3.  MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND
ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL  BE  AVAILABLE  FOR  THE
PURPOSE  OF FUNDING THE NONTOXIC DRY CLEANING INCENTIVE GRANT AND DEMON-
STRATION PROGRAM ESTABLISHED IN SECTION  48-0103  OF  THE  ENVIRONMENTAL
CONSERVATION LAW.
  S 3. This act shall take effect immediately.