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Assembly Bill A7229B

2011-2012 Legislative Session

Relates to hazardous waste program fees and surcharges

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Bill Amendments

2011-A7229 - Details

See Senate Version of this Bill:
S5323
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §72-0402, En Con L

2011-A7229 - Summary

Relates to hazardous waste program fees and surcharges.

2011-A7229 - Bill Text download pdf 

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

                                  7229

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 19, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  hazardous waste program fees and surcharges

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

  Section 1. Paragraph f of subdivision 1  of  section  72-0402  of  the
environmental  conservation  law,  as added by chapter 99 of the laws of
2010, is amended to read as follows:
  f. (I) In any case where a generator recycles more than ninety percent
of the amount of hazardous waste or more  than  ninety  percent  of  the
amount  of  hazardous  wastewater  it  produces in any calendar year, as
certified to the commissioner, upon which a fee is imposed  pursuant  to
this  section,  any such fee imposed or to be imposed in such case shall
be determined based upon the net amount of hazardous waste or  hazardous
wastewater  generated,  as  applicable, which is not so recycled in such
calendar year, rather than upon the gross amount of hazardous  waste  or
hazardous wastewater generated in such calendar year.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, NO FEE SHALL BE IMPOSED ON A GENERATOR PURSUANT TO  THIS  SECTION
FOR  ANY  AMOUNT OF HAZARDOUS WASTE OR HAZARDOUS WASTEWATER THAT IS BOTH
GENERATED AND RECYCLED ON-SITE.  FOR  ALL  OTHER  ON-SITE  RECYCLING  OF
HAZARDOUS  WASTE  OR  HAZARDOUS  WASTEWATER, THE FEE IMPOSED PURSUANT TO
THIS SECTION SHALL BE DETERMINED BASED UPON THE NET AMOUNT OF  HAZARDOUS
WASTE OR HAZARDOUS WASTEWATER GENERATED WHICH IS NOT RECYCLED ON-SITE IN
SUCH CALENDAR YEAR, RATHER THAN UPON THE GROSS AMOUNT OF HAZARDOUS WASTE
OR HAZARDOUS WASTEWATER GENERATED IN SUCH CALENDAR YEAR.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10880-01-1

2011-A7229A - Details

See Senate Version of this Bill:
S5323
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §72-0402, En Con L

2011-A7229A - Summary

Relates to hazardous waste program fees and surcharges.

2011-A7229A - Bill Text download pdf 

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

                                 7229--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 19, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee  on  Environmental  Conservation  --  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
  hazardous waste program fees and surcharges

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

  Section 1. Paragraph f of subdivision 1  of  section  72-0402  of  the
environmental  conservation  law,  as added by chapter 99 of the laws of
2010, is amended to read as follows:
  f. In any case where EITHER (I) a generator recycles more than  ninety
percent  of the amount of hazardous waste or more than ninety percent of
the amount of hazardous wastewater it produces in any calendar year,  as
certified  to  the commissioner, upon which a fee is imposed pursuant to
this section, OR (II) A GENERATOR RECYCLES IN EXCESS  OF  FOUR  THOUSAND
TONS  OF  HAZARDOUS  WASTE OR HAZARDOUS WASTEWATER IN A CALENDAR YEAR AS
CERTIFIED BY THE COMMISSIONER UPON WHICH A FEE IS  IMPOSED  PURSUANT  TO
THIS  SECTION  AND SUCH RECYCLING CONSISTS OF REFINING A MIXED COMPONENT
STREAM INTO INDIVIDUAL COMPONENTS FOR REUSE OR RESALE AS  AN  ACCEPTABLE
SUBSTITUTE  FOR  NEW  MATERIAL, any such fee imposed or to be imposed in
such case shall be determined based upon the  net  amount  of  hazardous
waste  or hazardous wastewater generated, as applicable, which is not so
recycled in such calendar year, rather than upon  the  gross  amount  of
hazardous waste or hazardous wastewater generated in such calendar year.
FOR  PURPOSES  OF THIS SECTION, "RECYCLE" MEANS THE SERIES OF ACTIVITIES
BY WHICH MATERIALS ARE COLLECTED, SORTED, PROCESSED, INCLUDING BY ORGAN-
IC  PROCESSING,  AND  CONVERTED  INTO  RAW  MATERIALS  OR  USED  IN  THE
PRODUCTION  OF  NEW  PRODUCTS  AND  "REUSE"  MEANS  THE USE OF MATERIALS
REMOVED FROM THE HAZARDOUS WASTE STREAM FOR A USE FOR WHICH THE  MATERI-
ALS ARE MANUFACTURED. THESE TERMS EXCLUDE COMBUSTION, PYROLYSIS, GASIFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10880-02-1

2011-A7229B (ACTIVE) - Details

See Senate Version of this Bill:
S5323
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §72-0402, En Con L

2011-A7229B (ACTIVE) - Summary

Relates to hazardous waste program fees and surcharges.

2011-A7229B (ACTIVE) - Bill Text download pdf 

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

                                 7229--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 19, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee  on  Environmental  Conservation  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  hazardous waste program fees and surcharges

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

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator recycles EITHER (I) more than ninety
percent of the amount of hazardous waste or more than ninety percent  of
the amount of hazardous wastewater it produces in any calendar year, [as
certified  to  the commissioner, upon which a fee is imposed pursuant to
this section,] OR (II) MORE THAN FOUR THOUSAND TONS OF  HAZARDOUS  WASTE
OR  HAZARDOUS WASTEWATER IN A CALENDAR YEAR, AS CERTIFIED BY THE COMMIS-
SIONER, UPON WHICH A FEE IS IMPOSED PURSUANT TO THIS SECTION,  any  such
fee imposed or to be imposed in such case shall be determined based upon
the  net amount of hazardous waste or hazardous wastewater generated, as
applicable, which is not so recycled in such calendar year, rather  than
upon  the gross amount of hazardous waste or hazardous wastewater gener-
ated in such calendar year.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10880-06-1

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