S T A T E O F N E W Y O R K ________________________________________________________________________ 2649 2011-2012 Regular Sessions I N S E N A T E January 27, 2011 ___________ Introduced by Sens. GRISANTI, MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law and the state finance law, in relation to establishing a distinctive "New York recycles" license plate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 404-x to read as follows: 3 S 404-X. DISTINCTIVE "NEW YORK RECYCLES" LICENSE PLATES. 1. ANY PERSON 4 RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINCTIVE "NEW 5 YORK RECYCLES" LICENSE PLATE OF A DESIGN DEVELOPED AND APPROVED BY THE 6 COMMISSIONER, IN COOPERATION WITH THE NEW YORK STATE ASSOCIATION FOR 7 REDUCTION, REUSE AND RECYCLING. APPLICATION FOR SUCH LICENSE SHALL BE 8 FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER 9 SHALL PRESCRIBE. 10 2. A DISTINCTIVE "NEW YORK RECYCLES" LICENSE PLATE ISSUED PURSUANT TO 11 THIS SECTION SHALL BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES 12 UPON THE PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY SECTION 13 FOUR HUNDRED ONE OF THIS ARTICLE, PROVIDED, HOWEVER, THAT AN ADDITIONAL 14 ANNUAL SERVICE CHARGE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR SUCH 15 PLATE. EACH TWENTY-FIVE DOLLARS RECEIVED AS AN ANNUAL SERVICE CHARGE 16 UNDER THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE SOLID WASTE 17 ACCOUNT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO 18 SECTION NINETY-TWO-S OF THE STATE FINANCE LAW AND SHALL BE USED FOR 19 MUNICIPAL WASTE REDUCTION OR RECYCLING PROJECTS, PURSUANT TO TITLE SEVEN 20 OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW. PROVIDED, 21 HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, FUNDS 22 IN THE AMOUNT OF FIVE THOUSAND DOLLARS, OR SO MUCH THEREOF AS MAY BE 23 AVAILABLE, SHALL BE ALLOCATED FROM SUCH FUND TO THE DEPARTMENT TO OFFSET EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06595-01-1 S. 2649 2 1 COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH LICENSE PLATES EXCEPT THAT 2 NO SUCH FUNDS SHALL BE SO ALLOCATED IF THE DEPARTMENT HAS RECEIVED FUNDS 3 FOR SUCH PURPOSE FROM THE NEW YORK STATE ASSOCIATION FOR REDUCTION, 4 REUSE AND RECYCLING. 5 S 2. Subdivision 3 of section 92-s of the state finance law, as 6 amended by section 2 of part T of chapter 59 of the laws of 2009, is 7 amended to read as follows: 8 3. Such fund shall consist of the amount of revenue collected within 9 the state from the amount of revenue, interest and penalties deposited 10 pursuant to section fourteen hundred twenty-one of the tax law, the 11 amount of fees and penalties received from easements or leases pursuant 12 to subdivision fourteen of section seventy-five of the public lands law 13 and the money received as annual service charges pursuant to section 14 four hundred four-l of the vehicle and traffic law, THE MONEY RECEIVED 15 AS ADDITIONAL ANNUAL SERVICE CHARGES PURSUANT TO SECTION FOUR HUNDRED 16 FOUR-X OF THE VEHICLE AND TRAFFIC LAW (THE ENTIRETY OF WHICH SHALL BE 17 DEPOSITED TO THE CREDIT OF THE SOLID WASTE ACCOUNT), all moneys required 18 to be deposited therein from the contingency reserve fund pursuant to 19 section two hundred ninety-four of chapter fifty-seven of the laws of 20 nineteen hundred ninety-three, all moneys required to be deposited 21 pursuant to section thirteen of chapter six hundred ten of the laws of 22 nineteen hundred ninety-three, repayments of loans made pursuant to 23 section 54-0511 of the environmental conservation law, all moneys to be 24 deposited from the Northville settlement pursuant to section one hundred 25 twenty-four of chapter three hundred nine of the laws of nineteen 26 hundred ninety-six, provided however, that such moneys shall only be 27 used for the cost of the purchase of private lands in the core area of 28 the central Suffolk pine barrens pursuant to a consent order with the 29 Northville industries signed on October thirteenth, nineteen hundred 30 ninety-four and the related resource restoration and replacement plan, 31 the amount of penalties required to be deposited therein by section 32 71-2724 of the environmental conservation law, all moneys required to be 33 deposited pursuant to article thirty-three of the environmental conser- 34 vation law, all fees collected pursuant to subdivision eight of section 35 70-0117 of the environmental conservation law, as added by a chapter of 36 the laws of two thousand nine, all moneys collected pursuant to title 37 thirty-three of article fifteen of the environmental conservation law, 38 as added by a chapter of the laws of two thousand nine and all other 39 moneys credited or transferred thereto from any other fund or source 40 pursuant to law. All such revenue shall be initially deposited into the 41 environmental protection fund, for application as provided in subdivi- 42 sion five of this section. 43 S 3. Paragraph (b) of subdivision 6 of section 92-s of the state 44 finance law, as amended by chapter 432 of the laws of 1997, is amended 45 to read as follows: 46 (b) Moneys from the solid waste account shall be available, pursuant 47 to appropriation and upon certificate of approval of availability by the 48 director of the budget, for any non-hazardous municipal landfill closure 49 project; municipal waste reduction or recycling project, as defined in 50 article fifty-four of the environmental conservation law; for the 51 purposes of section two hundred sixty-one and section two hundred 52 sixty-four of the economic development law; any project for the develop- 53 ment, updating or revision of local solid waste management plans pursu- 54 ant to sections 27-0107 and 27-0109 of the environmental conservation 55 law; and for the development of the pesticide sales and use data base in 56 conjunction with Cornell University pursuant to title twelve of article S. 2649 3 1 thirty-three of the environmental conservation law; PROVIDED, HOWEVER, 2 THAT MONEYS CREDITED TO SUCH ACCOUNT FROM THE MONEY RECEIVED AS ADDI- 3 TIONAL ANNUAL SERVICE CHARGES PURSUANT TO SECTION FOUR HUNDRED FOUR-X OF 4 THE VEHICLE AND TRAFFIC LAW SHALL BE MADE AVAILABLE EXCLUSIVELY FOR 5 MUNICIPAL WASTE REDUCTION OR RECYCLING PROJECTS PURSUANT TO TITLE SEVEN 6 OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW. 7 S 4. This act shall take effect immediately.