S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5119--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee  on  Environmental  Conservation  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the general business law and the state finance law, in
   relation to solid waste removal invoices and directing  penalties  and
   fines  related to such invoices to be deposited into the environmental
   protection fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   § 392-K. SOLID  WASTE  REMOVAL  INVOICES.  1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ESTIMATED FULL COST" SHALL MEAN A GOOD FAITH  PROJECTION  OF  THE
 EXPECTED FULL COST.
   (B)  "FULL  COST"  SHALL  MEAN  THE TOTAL PRICE, INCLUDING ANY SERVICE
 CHARGES AND ADDITIONAL FEES, OF WASTE REMOVAL SERVICES.
   (C) "WASTE  REMOVAL  SERVICES"  SHALL  MEAN  THE  PROPER  REMOVAL  AND
 DISPOSAL  OF  SOLID WASTE BY A WASTE HAULER FOR A CUSTOMER ON A ONE-TIME
 BASIS.
   (D) "WASTE HAULER" SHALL MEAN ANY PERSON REGISTERED  OR  PERMITTED  BY
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO TRANSPORT SOLID WASTE.
   2. ANY WASTE HAULER THAT PROVIDES WASTE REMOVAL SERVICES SHALL:
   (A)  INFORM  A  CUSTOMER  OF  THE  ESTIMATED  FULL  COST WASTE REMOVAL
 SERVICES MAY COST, PRESENTED IN A RANGE FROM LOWEST TO  HIGHEST  AMOUNT,
 INCLUDING  THE  COST PER UNIT OF WEIGHT, PRIOR TO THE PROVISION OF WASTE
 REMOVAL SERVICES; AND
   (B) PROVIDE SUCH CUSTOMER WITH AN INVOICE OF THE  FULL  COST  OF  SUCH
 WASTE  REMOVAL  SERVICES  IMMEDIATELY AFTER THE COMPLETION OF SUCH WASTE
 REMOVAL SERVICES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08170-04-5
              

 A. 5119--A                          2
 
   (C) PROVIDE SUCH CUSTOMER WITH AN ITEMIZED RECEIPT  FOLLOWING  PAYMENT
 FOR SUCH WASTE REMOVAL SERVICES.
   3.  EACH INVOICE REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
 OF THIS SECTION SHALL CONTAIN THE FOLLOWING NOTICE:
 "THIS INVOICE IS SUBJECT TO THE  PROVISIONS  OF  SECTION  392-K  OF  THE
 GENERAL BUSINESS LAW."
   4.  ANY  PERSON  WHO  VIOLATES  ANY PROVISION OF THIS SECTION SHALL BE
 LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED  DOLLARS  FOR  THE
 FIRST  VIOLATION AND NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR
 SUBSEQUENT VIOLATIONS.
   5. ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION  OF  THIS
 SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION
 FUND  ESTABLISHED  PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
 LAW.
   § 2. 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  required  to  be  deposited pursuant to
 sections 27-2805 and 27-2807 of the environmental conservation law,  all
 moneys  collected  pursuant  to  section  71-2730  of  the environmental
 conservation law, all  moneys  required  to  be  deposited  pursuant  to
 A. 5119--A                          3
 
 section  27-3205  of  the  environmental  conservation  law,  ALL MONEYS
 COLLECTED PURSUANT TO SECTION THREE HUNDRED NINETY-TWO-K OF THE  GENERAL
 BUSINESS  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 applica-
 tion as provided in subdivision five of this section.
   § 3. This act shall take effect immediately.