NY State Senate Bill 2021-S4524

Archive: Last Bill Status - In Senate Committee Agriculture 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Feb 05, 2021	referred to agriculture

2021-S4524 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §§27-1907 & 27-1915, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S4974

2021-S4524 (ACTIVE) - Summary

Provides that the commissioner of agriculture and markets, in consultation with the commissioner of environmental conservation, shall develop a plan to remediate and remove waste tires used in agricultural production.

2021-S4524 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4524

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the agriculture and markets law and the environmental
conservation law, in relation to the removal and remediation of waste
tires

 
PURPOSE:

The purpose of this legislation is to develop a plan and provide assist-
ance for the remediation or removal of waste tires used in agricultural
production.

 
SUMMARY OF PROVISIONS:

Section 1- Amends section 16 of the agriculture and markets law, direct-
ing the commissioner in consultation with the commissioner of the
Department of Environmental Conservation to develop a plan to remediate
and remove waste tires used in agricultural production. The plan must

address the vector threat posed by waste tires and must provide farmers
with technical and financial assistance.

Section 2 - Amends subdivision 5 of section 27-1907 of the environmental
conservation law to exempt the remediation of waste tires used in agri-
cultural production from cost recovery.

Section 3 - Amends subdivision 1 of section 27-1915 of the environmental
conservation law to permit funds collected through the fee imposed on
tires to be used for the remediation and removal of waste tires used in
agricultural production.

Section 4 - Effective Date.

 
EXISTING LAW:

Under the current law, the fee imposed on tires may be used for assess-
ment of waste tire stockpiles, aerial reconnaissance to locate waste
tire stockpiles and the abatement of stockpiles. Additionally, the
Department of Environmental Conservation is directed to seek cover
recovery from responsible parties.

 
JUSTIFICATION:

Waste tires are used on farms, in the majority of cases dairy farms, to
secure tarpaulins that cover corn silage, haylage, and other agricul-
tural feeds. This practice is done to protect feed stocks from the
weather.

However, waste tires may become breeding grounds for vectors such as
mosquitos which carry illness. The Department of Environmental Conserva-
tion has enacted regulations that would require farms to halve or drill
holes in tires to prevent the retention of water. Many tires used by
farmers are radial-ply tires which contain metal wire in the tread and
side walls. If halved or drilled, the metal wire in the tires may break,
and mix with the feed, posing a health threat to cows who consume pieces
of metal. Drilling or halving tires is a difficult process that also
poses potential harm to the farm workers.  This legislation will help
farmers address these new regulations by directing the Department of
Agriculture and Markets to developing a plan to address waste tires and
provide farmers with technical and financial assistance to address waste
tires.

 
LEGISLATIVE HISTORY:

S4974 (Metzger) / A7423 (Lupardo)

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the 120th day. Effective immediately the
department is authorized to make or repeal and rule necessary to imple-
ment the provisions of this bill.

2021-S4524 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4524
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law  and  the  environmental
   conservation  law, in relation to the removal and remediation of waste
   tires

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 16 of the agriculture and markets law is amended
 by adding a new subdivision 52 to read as follows:
   52. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  ENVI-
 RONMENTAL  CONSERVATION,  SHALL  DEVELOP  A PLAN TO REMEDIATE AND REMOVE
 WASTE TIRES USED IN AGRICULTURAL PRODUCTION. SUCH PLAN SHALL ADDRESS THE
 VECTOR THREAT POSED BY WASTE TIRES AND SHALL PROVIDE FARMERS WITH  TECH-
 NICAL EXPERTISE AND FINANCIAL ASSISTANCE.
   §  2.  Subdivision 5 of section 27-1907 of the environmental conserva-
 tion law, as amended by section 2 of part DD of chapter 59 of  the  laws
 of 2010, is amended to read as follows:
   5.  The  department  shall  make all reasonable efforts to recover the
 full amount of any funds expended from the waste management and  cleanup
 fund  for  abatement  or  remediation  through litigation or cooperative
 agreements EXCEPT FOR FUNDS EXPENDED ACCORDING TO PARAGRAPH D OF  SUBDI-
 VISION  ONE OF SECTION 27-1915 OF THIS TITLE.  Any and all moneys recov-
 ered, repaid or reimbursed pursuant to this section shall  be  deposited
 with the comptroller and credited to such fund.
   §  3.  Subdivision 1 of section 27-1915 of the environmental conserva-
 tion law, as amended by section 5 of part DD of chapter 59 of  the  laws
 of 2010, paragraphs (b) and (c) as amended and paragraph (d) as added by
 section  3  of  part  E of chapter 58 of the laws of 2019, is amended to
 read as follows:
   1. costs of the department for the following:
   (a) first-year costs:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02879-01-1

 S. 4524                             2
 
   (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;
   (c) administration and enforcement of the requirements of  this  arti-
 cle, exclusive of titles thirteen and fourteen; [and]
   (d)  conducting  an  updated market analysis of outlets for waste tire
 utilization including recycling and energy recovery opportunities, which
 shall not include the incineration of waste tires; AND
   (E) ANY COSTS ASSOCIATED WITH THE REMOVAL  AND  REMEDIATION  OF  WASTE
 TIRES  IN  ACCORDANCE  WITH  SUBDIVISION FIFTY OF SECTION SIXTEEN OF THE
 AGRICULTURE AND MARKETS LAW.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S4524

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2021-S4524 (ACTIVE) - Details

2021-S4524 (ACTIVE) - Summary

2021-S4524 (ACTIVE) - Sponsor Memo

2021-S4524 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2021-S4524 (ACTIVE) - Details

2021-S4524 (ACTIVE) - Summary

2021-S4524 (ACTIVE) - Sponsor Memo

2021-S4524 (ACTIVE) - Bill Text download pdf

Comments