Senate Bill S5485

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

                                  5485

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 notification of emergency response organizations

  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 section 33-1209 to read as follows:
S 33-1209. NOTIFICATION OF EMERGENCY RESPONSE ORGANIZATIONS  AND  HOSPI-
             TALS; RESPONSIBILITY FOR RELEASES.
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CERTIFIED APPLICA-
TOR,  REGISTERED  PESTICIDE  BUSINESS  OR  AGENCY, AND COMMERCIAL PERMIT
HOLDER SHALL:
  A. ANNUALLY NOTIFY LOCAL EMERGENCY RESPONSE ORGANIZATIONS  AND  HOSPI-
TALS  OF  THE  PRODUCT  AND CHEMICAL NAMES, REGISTRATION NUMBERS, TYPES,
QUANTITIES AND LOCATION OF ALL PESTICIDES STORED;
  B. PROVIDE THE LOCAL EMERGENCY RESPONSE ORGANIZATIONS AND LOCAL HOSPI-
TALS WITH THEIR EMERGENCY RESPONSE  PLAN  INCLUDING  IDENTIFICATION  AND
LOCATION  OF  RESIDENTIAL  AREAS, SCHOOLS, HOSPITALS, NURSING HOMES, AND
OTHER SIMILAR FACILITIES WITHIN ONE MILE OF THE STORAGE SITE FOR NOTIFI-
CATIONS PURPOSES; AND
  C. MAINTAIN A CURRENT INVENTORY OF THE PESTICIDES IN STORAGE.  A  COPY
OF  SUCH  INVENTORY  SHALL BE KEPT AT A LOCATION WHICH IS ACCESSIBLE AND
REMOVED FROM THE STORAGE AREA. IN THE EVENT OF A FIRE,  SPILL  OR  OTHER
SIMILAR  INCIDENT  INVOLVING  THE  PESTICIDE  STORAGE  AREA, THE CURRENT
INVENTORY SHALL BE MADE AVAILABLE TO ALL  EMERGENCY  RESPONSE  ORGANIZA-
TIONS AND HOSPITALS.
  2. EACH CERTIFIED APPLICATOR, REGISTERED PESTICIDE BUSINESS OR AGENCY,
AND COMMERCIAL PERMIT HOLDER SHALL HAVE THE FOLLOWING OBLIGATIONS IN THE
EVENT THAT IT RELEASES OR SPILLS PESTICIDE DURING TRANSPORT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09377-02-3

              

S. 5485                             2

  A.  MAKE  EFFORTS  TO IMMEDIATELY CONTAIN OR CONTROL SUCH PESTICIDE OR
PESTICIDE CONTAMINATED MATERIAL IN SUCH  A  MANNER  AS  TO  PREVENT  ANY
FURTHER MOVEMENT OF THE PESTICIDE OR PESTICIDE CONTAMINATED MATERIAL;
  B.  IMMEDIATELY  NOTIFY THE LOCAL EMERGENCY RESPONSE ORGANIZATIONS AND
THE DEPARTMENT UPON THE OCCURRENCE OF A PESTICIDE RELEASE OR SPILL; AND
  C. UPON RECEIPT OF AN ITEMIZED LIST OF MATERIALS USED BY AN  EMERGENCY
RESPONSE  ORGANIZATION TO CLEAN UP THE PESTICIDE RELEASE OR SPILL, REIM-
BURSE SUCH EMERGENCY RESPONSE ORGANIZATION FOR SUCH COSTS IN  ACCORDANCE
WITH THIS SECTION.
  3.  A. EACH LOCAL EMERGENCY RESPONSE ORGANIZATION SHALL BE ENTITLED TO
REIMBURSEMENT FOR COSTS ASSOCIATED WITH THE  RESPONSE  TO  ANY  INCIDENT
INVOLVING  THE  RELEASE  OR  SPILL  OF  PESTICIDES DURING TRANSPORT BY A
CERTIFIED  APPLICATOR,  REGISTERED  PESTICIDE  BUSINESS  OR  AGENCY,  OR
COMMERCIAL  PERMIT HOLDER. REIMBURSEMENT SHALL BE LIMITED TO THE COST OF
EXPENDABLE MATERIALS USED IN THE RESPONSE TO THE  INCIDENT  WHICH  SHALL
INCLUDE, BUT NOT BE LIMITED TO, FOAMS AND GELS USED TO ABSORB THE PESTI-
CIDES,  THE  REPLACEMENT  OR CLEANING OF PROTECTIVE CLOTHING USED IN THE
RESPONSE TO THE INCIDENT, AND THE REPLACEMENT  OR  CLEANING  OF  STORAGE
CONTAINERS,  DETECTION SUPPLIES AND OTHER EQUIPMENT USED IN THE RESPONSE
TO THE INCIDENT; PROVIDED, HOWEVER,  THAT  REIMBURSEMENT  SHALL  NOT  BE
AVAILABLE FOR THE COST OF SALARIES FOR PERSONNEL, VEHICLE FUEL, OR VEHI-
CLE WEAR AND TEAR AND MAINTENANCE.
  B.  AN  EMERGENCY RESPONSE ORGANIZATION THAT USES EXPENDABLE MATERIALS
IN RESPONSE TO AN INCIDENT INVOLVING THE RELEASE OR SPILL OF  PESTICIDES
MAY  BILL  THE  RESPONSIBLE  CERTIFIED  APPLICATOR, REGISTERED PESTICIDE
BUSINESS OR AGENCY, OR COMMERCIAL PERMIT HOLDER DIRECTLY FOR THE COST OF
SUCH EXPENDABLE MATERIALS. SUCH BILL SHALL INCLUDE AN ITEMIZED  LIST  OF
MATERIALS  EXPENDED IN THE CLEAN-UP RESPONSE TOGETHER WITH AN INDICATION
OF THE REPLACEMENT COST  OF  EACH  ITEM.  REIMBURSEMENT  SHALL  BE  MADE
DIRECTLY FROM THE CERTIFIED APPLICATOR, REGISTERED PESTICIDE BUSINESS OR
AGENCY,  OR  COMMERCIAL  PERMIT  HOLDER, AS APPLICABLE, TO THE EMERGENCY
RESPONSE ORGANIZATION WITHIN NINETY DAYS OF RECEIPT OF THE BILL.  IN THE
EVENT THAT AN EMERGENCY RESPONSE ORGANIZATION IS NOT  REIMBURSED  WITHIN
THE TIME PERIOD SET FORTH HEREIN, THEN SUCH EMERGENCY RESPONSE ORGANIZA-
TION SHALL HAVE A CAUSE OF ACTION TO COLLECT THE UNPAID REIMBURSEMENT TO
WHICH IT IS ENTITLED PURSUANT TO THIS SECTION.
  4. A. IN THE EVENT THAT THERE IS NO KNOWN CERTIFIED APPLICATOR, REGIS-
TERED  PESTICIDE BUSINESS OR AGENCY, OR COMMERCIAL PERMIT HOLDER RESPON-
SIBLE FOR THE  RELEASE  OR  SPILL  OF  PESTICIDES,  THEN  THE  EMERGENCY
RESPONSE  ORGANIZATION  MAY  APPLY  FOR  REIMBURSEMENT  FOR THE COSTS OF
CLEAN-UP OF SUCH PESTICIDE SPILL OR RELEASE PURSUANT TO SECTION  NINETY-
NINE-V  OF THE STATE FINANCE LAW. TO APPLY FOR REIMBURSEMENT, SUCH EMER-
GENCY RESPONSE ORGANIZATION SHALL SUBMIT TO THE DEPARTMENT A SUMMARY  OF
THE INCIDENT AND RESPONSE, AN INDICATION OF THE DATE AND LOCATION OF THE
INCIDENT,  AND AN ITEMIZED LIST OF MATERIALS EXPENDED IN THE CLEAN-UP OF
SUCH INCIDENT TOGETHER WITH AN INDICATION OF  THE  REPLACEMENT  COST  OF
EACH ITEM. THE DEPARTMENT MAY, IN ITS DISCRETION, DEVELOP AN APPLICATION
FORM  FOR  THE  PURPOSES  OF  THIS  SECTION. THE DEPARTMENT SHALL REVIEW
SUBMITTED APPLICATIONS AND COORDINATE WITH THE  DEPARTMENT  OF  TAXATION
AND FINANCE WITH RESPECT TO SUCH APPLICATIONS.
  B.  REIMBURSEMENT  PURSUANT  TO  THIS  SUBDIVISION SHALL NOT PRECLUDE,
PROHIBIT OR IN ANY WAY INHIBIT ANY REIMBURSEMENT THAT MAY  BE  AVAILABLE
TO  AN  EMERGENCY  RESPONSE ORGANIZATION PURSUANT TO SECTION ONE HUNDRED
EIGHTY-ONE OF THE NAVIGATION LAW OR CHAPTER  103  OF  TITLE  42  OF  THE
UNITED  STATES CODE; PROVIDED HOWEVER, THAT AN EMERGENCY RESPONSE ORGAN-
IZATION SHALL NOT BE ELIGIBLE FOR REIMBURSEMENT PURSUANT TO THIS  SUBDI-

S. 5485                             3

VISION  FOR  COSTS  THAT  HAVE ALREADY BEEN REIMBURSED TO SUCH EMERGENCY
RESPONSE ORGANIZATION PURSUANT TO ANOTHER STATE OR FEDERAL LAW.
  5.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY CERTIFIED
APPLICATOR, REGISTERED  PESTICIDE  BUSINESS  OR  AGENCY,  OR  COMMERCIAL
PERMIT  HOLDER  THAT OWNS OR OPERATES A "FARM OPERATION" AS SUCH TERM IS
DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE  AGRI-
CULTURE AND MARKETS LAW.
  6.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "EMERGENCY RESPONSE
ORGANIZATION" SHALL MEAN A  VOLUNTEER  FIRE  COMPANY  AS  SUCH  TERM  IS
DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, A MUNICIPAL
PAID  FIRE  DEPARTMENT,  A  HAZARDOUS  MATERIALS EMERGENCY RESPONSE TEAM
ESTABLISHED PURSUANT TO SECTION TWO HUNDRED NINE-Y OF THE GENERAL MUNIC-
IPAL LAW,  OR  ANY  OTHER  SIMILAR  MUNICIPAL,  INDUSTRIAL,  FEDERAL  OR
NOT-FOR-PROFIT ENTITY THAT OPERATES A HAZARDOUS MATERIALS UNIT.
  S 2. Section 33-0705 of the environmental conservation law, as amended
by  section 2 of part S of chapter 60 of the laws of 2011, is amended to
read as follows:
S 33-0705. Fee for registration.
  1. The applicant for registration shall pay a fee as follows:
  a. On or before July 1, 2014, six hundred dollars for  each  pesticide
proposed  to be registered, provided that the applicant has submitted to
the department proof in the form of a federal income tax return for  the
previous  year  showing  gross  annual  sales,  for  federal  income tax
purposes, of three million five hundred thousand dollars or less;
  b. On or before July 1, 2014,  for  all  others,  six  hundred  twenty
dollars for each pesticide proposed to be registered;
  c. After July 1, 2014, fifty dollars for each pesticide proposed to be
registered.
  2.  TEN DOLLARS OF EACH REGISTRATION FEE PAID PURSUANT TO THIS SECTION
SHALL BE DEPOSITED INTO THE PESTICIDE SPILL REIMBURSEMENT  PROGRAM  FUND
ESTABLISHED  PURSUANT  TO SECTION NINETY-NINE-V OF THE STATE FINANCE LAW
FOR THE PURPOSE OF REIMBURSING EMERGENCY RESPONSE ORGANIZATIONS FOR  THE
COSTS  ASSOCIATED WITH THE CLEAN-UP OF RELEASES AND SPILLS OF PESTICIDES
PURSUANT TO SECTION 33-1209 OF THIS ARTICLE OR FOR THE COSTS  ASSOCIATED
WITH  THE CLEAN-UP OF RELEASES OF OTHER HAZARDOUS MATERIALS AS SUCH TERM
IS DESCRIBED IN SUBDIVISION ONE OF SECTION FOURTEEN-F OF THE TRANSPORTA-
TION LAW.
  S 3. The state finance law is amended by adding a new section 99-v  to
read as follows:
  S 99-V. PESTICIDE SPILL REIMBURSEMENT PROGRAM FUND. 1. THERE IS HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE  "PESTI-
CIDE SPILL REIMBURSEMENT PROGRAM FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO SUBDIVISION TWO OF SECTION  33-0705
OF THE ENVIRONMENTAL CONSERVATION LAW AND ALL OTHER MONEYS APPROPRIATED,
CREDITED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW.
  3. MONEYS OF SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER  OF  TAXA-
TION AND FINANCE AND THE COMPTROLLER.
  4.  MONEYS  IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE ADMINISTRATION
OF THE PESTICIDE SPILL REIMBURSEMENT  PROGRAM  ESTABLISHED  PURSUANT  TO
SECTION  33-1209  AND SUBDIVISION TWO OF SECTION 33-0705 OF THE ENVIRON-
MENTAL CONSERVATION LAW.

S. 5485                             4

  5. ALL PAYMENTS FROM SUCH FUND SHALL BE  MADE  BY  THE  DEPARTMENT  OF
TAXATION  AND  FINANCE  AFTER  AUDIT  AND  WARRANT OF THE COMPTROLLER ON
VOUCHERS APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.