Assembly Bill A2738

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2738
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting sewage, wastewater  and soil amendment pollution;  and  to
   amend  the  state finance law, in relation to the disposition of funds
   from civil penalties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known as and may be cited
 as the "Stop Toxic Fertilizer Act".
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 17-2107 to read as follows:
 § 17-2107. PROHIBITION AGAINST SEWAGE AND WASTEWATER POLLUTION.
   1.  (A)  NO  PERSON  OR ENTITY SHALL SPREAD SEWAGE, WASTEWATER OR SOIL
 AMENDMENT PRODUCTS CONTAINING SEWAGE, WASTEWATER, OR COMPOST FROM SEWAGE
 SLUDGE ON LANDS IN  THE STATE FOR ANY PURPOSE.
   (B) NO PERSON OR ENTITY SHALL SELL, DISTRIBUTE, OR GIVE SEWAGE, WASTE-
 WATER OR  SOIL  AMENDMENT  PRODUCTS  CONTAINING  SEWAGE,  WASTEWATER  OR
 COMPOST FROM SEWAGE SLUDGE IN THE STATE.
   2.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE DISPOSAL OR
 PLACEMENT OF SEWAGE, WASTEWATER OR SOIL  AMENDMENT  PRODUCTS  CONTAINING
 SEWAGE, WASTEWATER, OR COMPOST FROM SEWAGE SLUDGE AT A SOLID WASTE LAND-
 FILL.
   3.  (A)  A  PERSON OR ENTITY VIOLATING THIS SECTION SHALL BE LIABLE TO
 THE STATE FOR A CIVIL PENALTY OF UP TO  TEN  MILLION  DOLLARS  FOR  EACH
 OCCURRENCE.  THE  PENALTY  SHALL  BE  COMMENSURATE WITH THE SCOPE OF THE
 VIOLATION. A HEARING OR OPPORTUNITY TO BE HEARD SHALL BE PROVIDED  PRIOR
 TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   (B)  THE  DEPARTMENT IS HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF
 THIS SECTION AND ALL MONIES COLLECTED SHALL BE DEPOSITED TO  THE  CREDIT
 OF  THE  ENVIRONMENTAL  PROTECTION  FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-TWO-S OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04456-02-5
 A. 2738                             2
 
   (C) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ENFORCE
 THE PROVISIONS OF THIS SECTION INCLUDING THE INSTITUTION OF HEARINGS AND
 PENALTIES FOR VIOLATIONS.
   §  3.  Subdivision  3  of  section  92-s  of the state finance law, as
 amended by chapter 734 of the laws  of  2021,  is  amended  to  read  as
 follows:
   3.  Such  fund shall consist of the amount of revenue collected within
 the state from the amount of revenue, interest and  penalties  deposited
 pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
 amount of fees and penalties received from easements or leases  pursuant
 to  subdivision fourteen of section seventy-five of the public lands law
 and the money received as annual service  charges  pursuant  to  section
 four  hundred four-n of the vehicle and traffic law, all moneys required
 to be deposited therein from the contingency reserve  fund  pursuant  to
 section  two  hundred  ninety-four of chapter fifty-seven of the laws of
 nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
 pursuant  to  section thirteen of chapter six hundred ten of the laws of
 nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
 section  54-0511 of the environmental conservation law, all moneys to be
 deposited from the Northville settlement pursuant to section one hundred
 twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
 hundred  ninety-six,  provided  however,  that such moneys shall only be
 used for the cost of the purchase of private lands in the core  area  of
 the  central  Suffolk  pine barrens pursuant to a consent order with the
 Northville industries signed on  October  thirteenth,  nineteen  hundred
 ninety-four  and  the related resource restoration and replacement plan,
 the amount of penalties required to  be  deposited  therein  by  section
 71-2724 of the environmental conservation law, all moneys required to be
 deposited  pursuant to article thirty-three of the environmental conser-
 vation law, all fees collected pursuant to subdivision eight of  section
 70-0117  of  the  environmental  conservation  law, all moneys collected
 pursuant to title thirty-three of article fifteen of  the  environmental
 conservation  law,  beginning  with  the fiscal year commencing on April
 first, two thousand thirteen, nineteen million dollars, and  all  fiscal
 years  thereafter,  twenty-three million dollars plus all funds received
 by the state each fiscal year in excess of the  greater  of  the  amount
 received  from  April  first,  two thousand twelve through March thirty-
 first, two thousand thirteen  or  one  hundred  twenty-two  million  two
 hundred thousand dollars, from the payments collected pursuant to subdi-
 vision four of section 27-1012 of the environmental conservation law and
 all  funds  collected  pursuant  to section 27-1015 of the environmental
 conservation law, ALL MONEYS COLLECTED PURSUANT TO  SECTION  17-2107  OF
 THE  ENVIRONMENTAL CONSERVATION LAW, all moneys required to be deposited
 pursuant to sections 27-2805 and 27-2807 of the environmental  conserva-
 tion  law, all moneys collected pursuant to section 71-2730 of the envi-
 ronmental conservation law, all moneys required to be deposited pursuant
 to section 27-3205 of the environmental conservation law, and all  other
 moneys  credited  or  transferred  thereto from any other fund or source
 pursuant to law. All such revenue shall be initially deposited into  the
 environmental  protection  fund, for application as provided in subdivi-
 sion five of this section.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.