S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7250

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of  A.  LENTOL,  MARKEY, BROOK-KRASNY, MAISEL, COOK,
  O'DONNELL, SEPULVEDA, JACOBS, MILLMAN, V. LOPEZ, MOSLEY, HEVESI, ESPI-
  NAL, ROSENTHAL -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BREN-
  NAN, RIVERA -- read once and referred to  the  Committee  on  Environ-
  mental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  special assessments on hazardous wastes generated and hazardous  waste
  program fees

  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 AGREEMENT WITH A MUNICIPALITY THAT IS SUBJECT  TO  A
MEMORANDUM  OF  UNDERSTANDING WITH THE DEPARTMENT RELATED TO THE REMEDI-
ATION OF BROWNFIELD SITES.
  S 2. Subparagraph (vi) of paragraph d  of  subdivision  1  of  section
72-0402  of the environmental conservation law, as amended by chapter 99
of the laws of 2010, is amended to read as follows:
  (vi) under a brownfield site cleanup  agreement  with  the  department
pursuant to section 27-1409 of this chapter OR UNDER AN AGREEMENT WITH A
MUNICIPALITY  THAT  IS SUBJECT TO A MEMORANDUM OF UNDERSTANDING WITH THE
DEPARTMENT RELATED TO THE REMEDIATION OF BROWNFIELD SITES; or
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10574-02-3


              

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7250--B
                                                        Cal. No. 347

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of A. LENTOL, MARKEY, BROOK-KRASNY, COOK, O'DONNELL,
  SEPULVEDA, JACOBS,  MILLMAN,  MOSLEY,  HEVESI,  ROSENTHAL,  TITONE  --
  Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BRENNAN, JAFFEE, RIVERA
  --  read once and referred to the Committee on Environmental Conserva-
  tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee -- advanced to a third read-
  ing,  amended  and ordered reprinted, retaining its place on the order
  of third reading

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  special  assessments  on  hazardous  wastes  generated by
  certain sites

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  27-0923 of the environmental
conservation law is amended by adding a  new  paragraph  g  to  read  as
follows:
  G.  NO  SPECIAL  ASSESSMENT  SHALL  BE  IMPOSED  UNDER THIS SECTION ON
HAZARDOUS WASTE GENERATED BY A PROJECT AT A "BROWNFIELD  SITE"  PROVIDED
THAT  THE  "APPLICANT"  IS  A  "VOLUNTEER" AND THE "REMEDIAL PROGRAM" IS
ADMINISTERED BY A CITY, TOWN, VILLAGE OR COUNTY AND  COMPLIES  WITH  THE
REMEDIAL  PROGRAM REQUIREMENTS OF THE BROWNFIELD CLEANUP PROGRAM AS SUCH
TERMS ARE DEFINED IN SECTION 27-1405 OF THIS  ARTICLE  PROVIDED  FURTHER
THAT SUCH PROJECT IS SOLELY CONDUCTED FOR THE PURPOSE AND RESULTS IN THE
DEVELOPMENT OF LOW-INCOME HOUSING AND THE REMEDIAL PROGRAM IS SUBJECT TO
A  MEMORANDUM  OF UNDERSTANDING WITH THE DEPARTMENT THAT IS MEMORIALIZED
BY THE STATE LEGISLATURE BY SPECIAL OR GENERAL LAW. FOR THE PURPOSES  OF
THIS  SECTION  LOW-INCOME  HOUSING SHALL MEAN HOUSING FOR INDIVIDUALS AT
EIGHTY PERCENT OR LESS  OF  THE  AREA  MEDIAN  INCOME  FOR  METROPOLITAN
STATISTICAL AREA.
  S  2.  Subparagraph  (vii)  of paragraph d of subdivision 1 of section
72-0402 of the environmental conservation law, as amended by chapter  99

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD10574-05-4

A. 7250--B                          2

of  the  laws of 2010, is amended and a new subparagraph (viii) is added
to read as follows:
  (vii)  under  an  environmental  restoration  project state assistance
contract with the department pursuant to section 56-0503 of  this  chap-
ter[.]; OR
  (VIII)  PURSUANT  TO PARAGRAPH G OF SUBDIVISION ONE OF SECTION 27-0923
OF THIS CHAPTER.
  S 3. The memorandum of agreement between the New York state department
of environmental conservation and the New York City Office  of  Environ-
mental  Remediation  providing the New York City Mayor's Office of Envi-
ronmental Remediation with the authority to create and operate  the  New
York  City Local Brownfield Cleanup Program, signed on May 11, 2009, and
such terms as they existed as of such date and  any  extension  of  time
thereto  is  hereby memorialized, ratified and validated by the Legisla-
ture for the purpose of section 27-0923 of the  environmental  conserva-
tion law.
  S 4. This act shall take effect April 1, 2015.