S7281A-2011 Actions

• May 7, 2012: PRINT NUMBER 7281A
• May 7, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• May 2, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

S7281A-2011 Memo

BILL NUMBER:S7281A

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to an
exemption from hazardous waste generation special assessments

PURPOSE:
This legislation would amend Environmental Conservation Law (section
27-0923 - special assessments on hazardous wastes generated) to exempt
hazardous wastes generated which must be disposed of under an order or
agreement with the U.S. Environmental Protection Agency from the
special assessment imposed by this section of law.

SUMMARY OF PROVISIONS:
Section one amends paragraph c of subdivision 3 of section 27-0923 of
the Environmental Conservation law to exempt hazardous wastes
generated by voluntary cleanup activities from the state special
assessment on hazardous wastes generated that are undertaken in
accordance with the CERCLA.

Section two provides the effective date.

JUSTIFICATION:
This bill would clarify existing NYS law by exempting wastes generated
in conjunction with a Superfund cleanup project from the special
assessment on hazardous waste generated, similar to how they are
currently exempt from the hazardous waste program fees imposed under
ECL section 72-0402, hazardous waste program fees.

Under current NYS law, hazardous wastes generated under an order,
agreement or contract with the NYS Department of Environmental
Conservation are exempt from this special assessment.  The proposed
bill would extend these exemptions to cleanup activities undertaken
through the Federal Superfund Program, an environmental cleanup
program with similar program objectives to the above-referenced state
cleanup programs.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
30 days after it shall have become a law.

S7281A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7281--A
 I N  SENATE
 May 2, 2012
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 -- committee discharged, bill amended, ordered  reprinted  as  amended
 and recommitted to said committee
 AN  ACT  to  amend the environmental conservation law, in relation to an
 exemption from hazardous waste generation special assessments
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  c  of  subdivision 3 of section 27-0923 of the
 environmental conservation law, as amended by section 5  of  part  I  of
 chapter 577 of the laws of 2004, is amended to read as follows:

 c.  For  the  purpose  of  this section, generation of hazardous waste
 shall not include retrieval or creation of hazardous waste which must be
 disposed of under an order of or agreement with the department  pursuant
 to  title thirteen or title fourteen of this article or under a contract
 with the department pursuant to title five of article fifty-six of  this
 chapter  OR  UNDER AN ORDER OF OR AGREEMENT WITH THE UNITED STATES ENVI
 RONMENTAL PROTECTION AGENCY OR A COURT, RELATED TO A FACILITY  ADDRESSED
 PURSUANT  TO  THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
 LIABILITY ACT (42 U.S.C. 9601 ET SEQ.).
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15687-02-2

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