NY State Senate Bill 2015-S5378

Senate Bill S5378

2015-2016 Legislative Session

Provides for the reimbursement of costs of the New York environmental protection and spill compensation fund in the department of audit and control

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1615 committee discharged and committed to rules
May 23, 2016	reported and committed to finance
Jan 06, 2016	referred to environmental conservation
May 14, 2015	referred to environmental conservation

Votes

- Jun 9, 2016 - Floor Vote
  S5378
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto
  Jun 9, 2016 - Rules Committee Vote
  S5378
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2016
      
      aye (23)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Perkins
      
      absent (1)
      
      Bonacic
  May 23, 2016 - Environmental Conservation Committee Vote
  S5378
  
  9
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 23, 2016
      
      aye (9)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Kaminsky
      
      LaValle
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      aye wr (4)
      
      Funke
      
      Hoylman-Sigal
      
      Ortt
      
      Young

2015-S5378 (ACTIVE) - Details

See Assembly Version of this Bill:: A4740
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1903 & 27-1915, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1574
2011-2012: A991
2013-2014: A1684
2017-2018: S1387, A4352
2019-2020: A4811
2021-2022: A3958
2023-2024: A2537

2015-S5378 (ACTIVE) - Summary

Provides for the reimbursement of costs of the New York environmental protection and spill compensation fund in the department of audit and control.

2015-S5378 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5378

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the reimbursement of costs to the New York environmental
protection and spill compensation fund

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this bill is to
provide for reimbursement to the New York Environmental Protection and
Spill Compensation Fund (the "Oil Spill Fund") for costs related to
cleanup of damage caused by a waste tire fire and to include the Oil
Spill Fund in the Department of Audit and Control in the listing of
those agencies cooperating with the Department of Environmental
Conservation in relation to the Waste Tire Management and Recycling
Act of 2003.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 2 of section 27-1903 of the Environmental
Conservation Law to include the Office of the State Comptroller,
Department of Audit and Control, in the listing of agencies the
Department of Environmental Conservation must cooperate and consult
with when implementing waste tire management programs.

Section 2 adds a new subdivision 2 to section 27-1915 of the
Environmental Conservation Law to provide for reimbursement of costs
to the Oil Spill Fund for the following: (a) cleanup of petroleum

contamination resulting from any waste tire fire; (b) any damage claim
paid by the Oil Spill Fund as a result of any waste tire fire; and (c)
all other direct or indirect costs related to the remediation of
petroleum contamination resulting from any waste tire fire.

Section 3 provides for an immediate effective date and is deemed to
have been in effect as of May 15, 2003.

DISCUSSION:  Pursuant to Navigation Law article 12, the Oil Spill Fund
pays for the cleanup and removal of petroleum spills conducted under
the direction of the Department of Environmental Conservation. As it
is estimated that every tire contains, on the average, three to four
gallons of petroleum, and as the discharge that can result from the
burning of tires is a petroleum product, the fund must pay for the
cleanup and removal of such contamination. Typically, petroleum
contamination from the burning of tires is very costly to remediate,
and, in the absence of a responsible party to reimburse the Oil Spill
Fund for the cost of the cleanup, the fund must write off this
expense. This bill will allow the Oil Spill Fund to recoup its
expenditures for cleaning up any petroleum by-products associated with
the burning of tires.

PRIOR LEGISLATIVE HISTORY:  2013-14: A.1684/EnCon 2011-12: A.991/Encon
2009-10: A.1574/Encon 2007-08: A.3316/Encon 2005-06, A4794/Encon 2004:
A.11474/Passed

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately and is deemed
to have been in effect as of May 15, 2003.

2015-S5378 (ACTIVE) - Bill Text download pdf

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

                                  5378

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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  the
  reimbursement  of  costs  to the New York environmental protection and
  spill compensation fund

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

  Section  1.  Subdivision  2  of  section  27-1903 of the environmental
conservation law, as added by section 3 of part V1 of chapter 62 of  the
laws of 2003, is amended to read as follows:
  2.  State government must make an essential contribution to the devel-
opment and implementation of environmentally, economically  and  techni-
cally  viable waste tire management programs. The department shall coop-
erate with other state agencies, including the DEPARTMENT OF  AUDIT  AND
CONTROL  WITH  REGARD  TO THE ENVIRONMENTAL PROTECTION AND SPILL COMPEN-
SATION FUND AS ESTABLISHED PURSUANT TO ARTICLE TWELVE OF THE  NAVIGATION
LAW,  THE  department of economic development, THE New York state energy
research and development authority, the  department  of  transportation,
the  New  York  state thruway authority and the department of health, to
ensure that waste tires are effectively managed  and  used  in  environ-
mentally acceptable ways consistent with the purposes of this chapter.
  S  2.  Section 27-1915 of the environmental conservation law, as added
by section 3 of part V1 of chapter 62 of the laws of 2003,  the  opening
paragraph  and subdivision 1 as amended by section 5 of part DD of chap-
ter 59 of the laws of 2010, is amended to read as follows:
S 27-1915. Use of waste tire management and recycling fee funds.
  Waste tire management and recycling fees shall  be  deposited  in  the
waste  management  and cleanup fund established in section ninety-two-bb
of the state finance law, and shall be made available for the  following
purposes:
  1. costs of the department for the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06520-01-5

S. 5378                             2

  (a) first-year costs:
  (i)  enumeration and assessment of noncompliant waste tire stockpiles;
and
  (ii) aerial reconnaissance to locate, survey  and  characterize  sites
environmentally, for remote sensing, special analysis and scanning;
  (b) abatement of noncompliant waste tire stockpiles; and
  (c)  administration  and enforcement of the requirements of this arti-
cle, exclusive of titles thirteen and fourteen.
  2. REIMBURSEMENT OF COSTS OF THE NEW YORK ENVIRONMENTAL PROTECTION AND
SPILL COMPENSATION FUND IN THE DEPARTMENT OF AUDIT AND CONTROL, PURSUANT
TO ARTICLE TWELVE OF THE NAVIGATION LAW, FOR THE FOLLOWING:
  (A) CLEANUP AND REMOVAL OF PETROLEUM CONTAMINATION RESULTING FROM  ANY
WASTE TIRE FIRE;
  (B) ANY DAMAGE CLAIM PAID BY THE NEW YORK ENVIRONMENTAL PROTECTION AND
SPILL COMPENSATION FUND AS A RESULT OF ANY WASTE TIRE FIRE; AND
  (C)  ALL  OTHER DIRECT OR INDIRECT COSTS RELATED TO THE REMEDIATION OF
PETROLEUM CONTAMINATION RESULTING FROM ANY WASTE TIRE FIRE.
  3. costs of the department of economic development for the following:
  (a) conducting an updated market analysis of outlets  for  waste  tire
utilization including recycling and energy recovery opportunities;
  (b)  establishment  of  a  program  to  provide funds to businesses to
develop technology that leads to increased markets for waste tires;
  (c) funding of demonstration projects; and
  (d) administration of requirements of this section.
  [3.] 4. costs of the department of transportation for the following:
  (a) funding of demonstration and other projects for road base,  paving
and other civil engineering uses; and
  (b) administration of requirements of this section.
  [4.]  5. costs of the New York state thruway authority for the follow-
ing:
  (a) funding of demonstration and other projects for road base,  paving
and other civil engineering uses; and
  (b) administration of requirements of this section.
  [5.]  6.  costs  of the New York state energy research and development
authority for the following:
  (a) funding research projects which  will  enhance  sustainable  waste
tire recycling activities; and
  (b) administration of requirements of this section.
  [6.] 7. costs of the department of health for the following:
  (a) recommendations to protect public health; and
  (b) administration of requirements of this section.
  Any  funds not used for a given year shall be returned to the fund and
be added to the total funds available for disbursement in the succeeding
year.
  S 3. This act shall take effect immediately, and shall  be  deemed  to
have been in full force and effect on and after May 15, 2003.

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