senate Bill S4998

2013-2014 Legislative Session

Prohibits special assessments on hazardous wastes generated at a brownfield site administered voluntarily by a city, town, village or county

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to environmental conservation
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1249
committee discharged and committed to rules
May 20, 2014 reported and committed to finance
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
Jun 24, 2013 referred to environmental conservation
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1609
committee discharged and committed to rules
Jun 18, 2013 amend by restoring to original print 4998
May 30, 2013 reported and committed to finance
May 03, 2013 referred to environmental conservation
Jun 17, 2013 print number 4998a
amend (t) and recommit to finance

Votes

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Jun 10, 2014 - Rules committee Vote

S4998
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 20, 2014 - Environmental Conservation committee Vote

S4998
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 20, 2014

Jun 21, 2013 - Rules committee Vote

S4998
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 30, 2013 - Environmental Conservation committee Vote

S4998
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 30, 2013

Bill Amendments

Original (Active)
A
Original (Active)
A

S4998 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-0923 & 72-0402, En Con L

S4998 - Bill Texts

view summary

Relates to hazardous waste program fees and special assessments on hazardous wastes generated.

view sponsor memo
BILL NUMBER:S4998

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to special assessments on hazardous wastes generated and
hazardous waste program fees

SUMMARY OF PROVISIONS: This proposal would waive payment of State
hazardous waste fees for sites participating in a municipal voluntary
cleanup program that is subject to a memorandum of understanding with
the Department of Environmental Conservation.

REASONS FOR SUPPORT: Under both local law and a memorandum of
understanding with the State Department of Environmental Conservation,
the City of New York operates a voluntary brownfield cleanup program.
The City voluntary cleanup program is modeled closely on the State
brownfield program and it offers property owners and developers who
agree to remediate sites to State cleanup standards liability
protection, City grants and other incentives. To date, the City,
working closely with the Department of Environmental Conservation, has
approved remedies for 86 properties, bringing needed jobs, investment
and revitalization to communities across the City.

Under the memorandum of understanding with the Department of
Environmental Conservation, the City program enrolls properties with
light to moderate levels of contamination. Nonetheless, a relative
handful of sites in the City program, when excavating soil for offsite
disposal, encounter hazardous waste which is then excavated and
disposed of offsite at permitted facilities. Because hazardous waste
is generated, site owners are assessed the state hazardous waste fee
of $130 per ton, which can amount to tens of thousands of dollars in
unanticipated project costs.

As a matter of policy, the State hazardous waste fee appropriately
discourages the generation of hazardous waste. However, when the fee
is applied to parties who volunteer to participate in a government-run
cleanup program, it provides a disincentive for property owners to
remediate their sites. Because of this, sites in the State brownfield
program are exempt from State hazardous waste fees. This amendment
would extend the waiver of hazardous waste fees to sites in the City
cleanup program. Any lost revenue to the State from the waiver would
likely be made up in income and sales tax generated from developments
that are built on sites remediated through the City cleanup program.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

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

                                  4998

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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,  in  relation  to
  special  assessments on hazardous wastes generated and hazardous waste
  program fees

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

  Section  1.    Paragraph  c of subdivision 3 of section 27-0923 of the
environmental conservation law, as amended by section 5  of  part  I  of
chapter 577 of the laws of 2004, is 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  OR  UNDER AN AGREEMENT WITH A MUNICIPALITY THAT IS SUBJECT TO A
MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT RELATED TO  THE  REMEDI-
ATION OF BROWNFIELD SITES.
  S  2.  Subparagraph  (vi)  of  paragraph d of subdivision 1 of section
72-0402 of the environmental conservation law, as amended by chapter  99
of the laws of 2010, is amended to read as follows:
  (vi)  under  a  brownfield  site cleanup agreement with the department
pursuant to section 27-1409 of this chapter OR UNDER AN AGREEMENT WITH A
MUNICIPALITY THAT IS SUBJECT TO A MEMORANDUM OF UNDERSTANDING  WITH  THE
DEPARTMENT RELATED TO THE REMEDIATION OF BROWNFIELD SITES; or
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10574-02-3

S4998A - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-0923 & 72-0402, En Con L

S4998A - Bill Texts

view summary

Relates to hazardous waste program fees and special assessments on hazardous wastes generated.

view sponsor memo
BILL NUMBER:S4998A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting special assessments on hazardous wastes
generated by certain sites

SUMMARY OF PROVISIONS:

This Proposal would waive payment of State hazardous waste fees for
sites participating in a municipal voluntary cleanup program that is
subject to a memorandum of understanding with the Department of
Environmental Conservation.

REASONS FOR SUPPORT:

Under both local law and a memorandum, of understanding with the State
Department of Environmental Conservation, the City of New York
operates a voluntary brownfield cleanup program. The City voluntary
cleanup program is modeled closely on the State brownfield program and
it offers property owners and developers who agree to remediate sites
to State cleanup standards. liability protection, City grants and
other incentives. To date, the City, working closely with the
Department of Environmental Conservation, has approved remedies for 86
properties, bringing needed jobs, investment and revitalization to
communities across the City.

Under the memorandum of understanding with the Department of
Environmental Conservation, the City program enrolls properties with
light to moderate levels of contamination. Nonetheless, a relative
handful of sites in the City program, when excavating soil for offsite
disposal, encounter hazardous waste which is then excavated and
disposed of offsite at permitted facilities. Because hazardous waste
is generated, site owners are assessed the state hazardous waste fee
of $130 per ton, which can amount to tens of thousands of dollars in
unanticipated project costs.

As a matter of policy, the State hazardous waste fee appropriately
discourages the generation of hazardous waste. However, when the fee
is applied to parties who volunteer to participate in a government-run
cleanup program, it provides a disincentive for property owners to
remediate their sites. Because of this, sites in the State brownfield
program are exempt from State hazardous waste fees. This amendment
would extend the waiver of hazardous waste fees to sites in the City
cleanup program. Any lost revenue to the State from the waiver would
likely be made up in income and sales tax generated from developments
that are built on sites remediated through the City cleanup program.

Effective Date: Immediately

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

                                 4998--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting special  assessments  on  hazardous  wastes  generated  by
  certain sites

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

  Section 1. Subdivision 1  of  section  27-0923  of  the  environmental
conservation  law  is  amended  by  adding  a new paragraph g to read as
follows:
  G. NO SPECIAL ASSESSMENT  SHALL  BE  IMPOSED  UNDER  THIS  SECTION  ON
HAZARDOUS  WASTE  GENERATED BY A PROJECT AT A "BROWNFIELD SITE" PROVIDED
THAT THE "APPLICANT" IS A "VOLUNTEER"  AND  THE  "REMEDIAL  PROGRAM"  IS
ADMINISTERED  BY  A  CITY, TOWN, VILLAGE OR COUNTY AND COMPLIES WITH THE
REMEDIAL PROGRAM REQUIREMENTS OF THE BROWNFIELD CLEANUP PROGRAM AS  SUCH
TERMS  ARE  DEFINED  IN SECTION 27-1405 OF THIS ARTICLE PROVIDED FURTHER
THAT SUCH PROJECT IS SOLELY CONDUCTED FOR THE PURPOSE AND RESULTS IN THE
DEVELOPMENT OF LOW-INCOME HOUSING AND THE REMEDIAL PROGRAM IS SUBJECT TO
A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT THAT  IS  MEMORIALIZED
BY  THE STATE LEGISLATURE BY SPECIAL OR GENERAL LAW. FOR THE PURPOSES OF
THIS SECTION LOW-INCOME HOUSING SHALL MEAN HOUSING  FOR  INDIVIDUALS  AT
EIGHTY  PERCENT  OR  LESS  OF  THE  AREA  MEDIAN INCOME FOR METROPOLITAN
STATISTICAL AREA.
  S 2. Subparagraph (vii) of paragraph d of  subdivision  1  of  section
72-0402  of the environmental conservation law, as amended by chapter 99
of the laws of 2010, is amended and a new subparagraph (viii)  is  added
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10574-04-3

S. 4998--A                          2

  (vii)  under  an  environmental  restoration  project state assistance
contract with the department pursuant to section 56-0503 of  this  chap-
ter[.]; OR
  (VIII)  PURSUANT  TO PARAGRAPH G OF SUBDIVISION ONE OF SECTION 27-0923
OF THIS CHAPTER.
  S 3. The memorandum of agreement between the New York state department
of environmental conservation and the New York City Office  of  Environ-
mental  Remediation  providing the New York City Mayor's Office of Envi-
ronmental Remediation with the authority to create and operate  the  New
York  City Local Brownfield Cleanup Program, signed on May 11, 2009, and
such terms as they existed as of such date and  any  extension  of  time
thereto  is  hereby memorialized, ratified and validated by the Legisla-
ture for the purpose of section 27-0923 of the  environmental  conserva-
tion law.
  S 4. This act shall take effect April 1, 2014.

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