NY State Senate Bill 2009-S6048

Senate Bill S6048

2009-2010 Legislative Session

Establishes that ten percent of any special assessment paid for landfill disposal shall be credited to the county health department of the county of such landfill

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	print number 6048a
May 18, 2010	amend and recommit to finance reported and committed to finance
Jan 06, 2010	referred to environmental conservation
Jun 22, 2009	referred to rules

Votes

- May 18, 2010 - Environmental Conservation Committee Vote
  S6048
  
  8
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 18, 2010
      
      aye (8)
      
      Foley
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      nay (5)
      
      Johnson
      
      Leibell
      
      Little
      
      Marcellino
      
      Young
      
      aye wr (1)
      
      Padavan

Bill Amendments

Original

A (Active)

2009-S6048 - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-0923, En Con L

2009-S6048 - Summary

Establishes ten percent of any special assessment paid for landfill disposal shall be credited to the county health department of the county where the landfill that is accepting hazardous waste is located.

2009-S6048 - Sponsor Memo

                                 BILL NUMBER:  S6048

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
creating a hazardous waste landfill special assessment


 SUMMARY OF PROVISIONS :
Section one amends Chapter 38 of the laws of 1985 to read: Special
assessments on hazardous wastes (generated).

1. On and after July (June) first, two thousand and nine (nineteen
hundred eighty-five), there is hereby imposed upon every person who is
engaged within the state in the generation of hazardous waste
identified or listed pursuant to this title a special assessment to be
determined as follows:

a. (Twenty-s) Seven dollars per ton of hazardous waste generated which
is disposed of in a landfill...

Section two amends chapter 423 of the laws of 1990 as follows: On or
after July (June) first, two thousand nine (nineteen hundred eighty
five), there is hereby imposed upon persons holding permits or
required to hold permits for the storage, treatment, or disposal of
hazardous waste pursuant to section 27-0913 of this title a hazardous
waste disposal special assessment to be determined as follows:

a. Twenty dollars per ton of waste which is received for disposal in a
landfill or for storage prior to disposal in a landfill.

 JUSTIFICATION :
This bill reinstates and modifies a land disposal tax on hazardous
waste disposed of in New York. In 2004, CWM Chemical Services, LLC
challenged New York's hazardous waste disposal taxi that disposal tax
was subsequently voided by the courts.

Today, New York generators pay a tax on hazardous waste disposed of in
New York, however, out-of-state generators using New York hazardous
waste landfills pay no tax. For decades, New York has been a massive
net importer of hazardous waste for land disposal, particularly PCB
contaminated wastes.

This bill reduces the land disposal generator tax on New York business
from $27.00 per ton to $7.00 per ton, and imposes a $20.00 per ton tax
on all hazardous waste disposed of in New. York, most of which
originates from outside its borders. The bill allows New York to tax
all hazardous waste landfilled within its borders similar to other
states with such facilities.

The bill also promotes the state and federal hazardous waste
management hierarchies which establish land disposal as the least
preferable method of management. The effect of this bill is to
encourage the use of preferred alternatives under the hierarchies to
minimize, treat, or reclaim hazardous waste.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATION :
New revenue of more than $3 million is anticipated; ninety percent
will be remitted to the state's Hazardous Waste Remedial Fund and ten
percent to the county health department in which the landfill is
located.

 EFFECTIVE DATE :
This act shall take effect July 1, 2009.

2009-S6048 - Bill Text download pdf

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

                                  6048

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 22, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  creating a hazardous waste landfill special assessment

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

  Section 1. The section heading, the opening paragraph and paragraph  a
of  subdivision  1  of section 27-0923 of the environmental conservation
law, the section heading and the opening paragraph of subdivision  1  as
added by chapter 38 of the laws of 1985 and paragraph a of subdivision 1
as  amended  by  chapter  423 of the laws of 1990, are amended and a new
paragraph g is added to read as follows:
  Special assessments on hazardous wastes [generated].
  On and after [June] JULY first,  [nineteen  hundred  eighty-five]  TWO
THOUSAND  NINE, there is hereby imposed upon every person who is engaged
within the state in the generation  of  hazardous  waste  identified  or
listed  pursuant  to this title a special assessment to be determined as
follows:
  a. [Twenty-seven] SEVEN dollars per ton of hazardous  waste  generated
which is disposed of in a landfill on the site where the waste is gener-
ated  or  which  is  designated  for removal or removed from the site of
generation for disposal in a landfill or which is designated for removal
or removed from the site of generation for storage prior to disposal  in
a landfill;
  G.  FOR THE PURPOSE OF THIS SUBDIVISION, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14310-02-9

S. 6048                             2

  S  2.  Subdivision 2 of section 27-0923 of the environmental conserva-
tion law, as amended by chapter 423 of the laws of 1990, is  amended  to
read as follows:
  2.  On  or after [June] JULY first, [nineteen hundred eighty-five] TWO
THOUSAND NINE, there is hereby imposed upon persons holding  permits  or
required  to  hold  permits  for  the  storage, treatment or disposal of
hazardous waste pursuant to section 27-0913 of this  title  a  hazardous
waste disposal special assessment [to be determined as follows:
  a. Twenty-seven] OF TWENTY dollars per ton of hazardous waste which is
received  for disposal in a landfill or for storage prior to disposal in
a landfill[;
  b. Nine dollars per ton of  hazardous  waste  which  is  received  for
incineration or for storage prior to incineration;
  c.  Sixteen  dollars  per ton of hazardous waste which is received for
treatment or disposal, exclusive of disposal in a landfill or by  incin-
eration, or for storage prior to such treatment or disposal;
  d.  No special assessment shall be imposed under this subdivision upon
receipt for treatment or disposal, or storage prior thereto of hazardous
waste where such waste was generated by persons subject to  the  special
assessment under subdivision one of this section].
  S  3. Section 27-0923 of the environmental conservation law is amended
by adding a new subdivision 2-a to read as follows:
  2-A. TEN PERCENT OF ANY SPECIAL ASSESSMENT PAID FOR LANDFILL  DISPOSAL
SHALL  GO  TO THE COUNTY HEALTH DEPARTMENT OF THE COUNTY WHERE THE LAND-
FILL THAT IS ACCEPTING HAZARDOUS WASTE IS LOCATED.  SUCH FUNDS SHALL  BE
PAID  TO  THE COUNTY ON A QUARTERLY BASIS ON OR BEFORE THE TWENTIETH DAY
OF THE MONTH AFTER THE  END  OF  EACH  CALENDAR  QUARTER.    ALL  MONEYS
COLLECTED  OR  RECEIVED  BY THE COUNTY PURSUANT TO THIS SECTION SHALL BE
CREDITED TO THE COUNTY HEALTH DEPARTMENTS.   COUNTY  HEALTH  DEPARTMENTS
SHALL USE SUCH MONIES FOR ASSESSMENT OF ANY POTENTIAL HEALTH OR ENVIRON-
MENTAL  IMPACT  FROM  THE LANDFILL DISPOSAL FACILITY, INCLUDING SOIL AND
WATER TESTING. SUCH MONIES SHALL SUPPLEMENT  AND  IN  NO  CASE  SUPPLANT
EXISTING FUNDING.
  S  4. Paragraphs c, d and e of subdivision 3 of section 27-0923 of the
environmental conservation law, paragraph c as amended by section  5  of
part I of chapter 577 of the laws of 2004, paragraph d as added by chap-
ter  512  of the laws of 1986 and paragraph e as added by chapter 423 of
the laws of 1990, are 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.
  d.] No portion of the special assessments collected pursuant  to  this
section  shall  be  used for any purpose if such use, under federal law,
would preclude the collection of such special assessment.
  [e.] D. Notwithstanding any provision of this section to the contrary,
the actual method utilized to dispose of or treat  any  hazardous  waste
shall  govern the determination of the rate per ton applicable under the
special assessments imposed by this  section,  even  if  such  hazardous
waste  was  designated  for  removal,  removed,  stored  or received for
disposal or treatment by a method different  than  the  method  actually
utilized.  Where any such special assessment with respect to any hazard-
ous waste is reported and paid on the basis of a rate per ton  which  is
greater  than  the rate per ton applicable to the actual method utilized

S. 6048                             3

to dispose of or treat such hazardous waste, the difference between  the
amount  reported  and  paid  and  the  amount due using the rate per ton
applicable to the actual method utilized shall be considered an overpay-
ment  of  such  special  assessment.  The  commissioner  of taxation and
finance shall credit or refund such overpayment in the  manner  provided
and  subject  to the conditions contained in article twenty-seven of the
tax law, as incorporated by subdivision six of this section.
  S 5. Paragraph b of subdivision 4 of section 27-0923 of  the  environ-
mental  conservation law, as added by chapter 38 of the laws of 1985, is
amended to read as follows:
  b. All [moneys] MONIES collected or  received  by  the  department  of
taxation  and  finance pursuant to this section shall be deposited daily
to the credit of the comptroller with such  responsible  banks,  banking
houses  or trust companies as may be designated by the comptroller. Such
deposits shall be kept separate and apart from all other moneys  in  the
possession  of  the  comptroller. The comptroller shall require adequate
security from all such depositories. Of  the  revenues  collected  under
this  section, the comptroller shall retain in his hands such amounts as
the commissioner of taxation and finance may determine to  be  necessary
for refunds under this section and the comptroller shall pay any refunds
to  which  those  liable for special assessments shall be entitled under
the provisions of this section. The  comptroller,  after  reserving  the
amount  to  pay  such refunds, shall, on or before the tenth day of each
month, pay all special assessments,  interest  and  penalties  collected
under  this  section  and remaining to his credit in such banks, banking
houses or trust companies at the close of business on the  last  day  of
the  preceding  month  into  the  hazardous  waste remedial fund created
pursuant to section ninety-seven-b of  the  state  finance  law.  Within
thirty  days  after each quarterly reporting date, the comptroller shall
certify the amount of special assessments under this  section  deposited
in  the  hazardous  waste remedial fund during the preceding quarter and
the cumulative amount collected since the start of the current  calendar
year, and shall submit such certification to the governor and the chair-
man  of  the  senate  finance committee and the chairman of the assembly
ways and means committee.
  S 6. This act shall take effect July 1, 2009.

2009-S6048A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-0923, En Con L

2009-S6048A (ACTIVE) - Summary

2009-S6048A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6048A

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
creating a hazardous waste landfill special assessment


 SUMMARY OF PROVISIONS :
Section one amends Chapter 38 of the laws of 1985 to read: Special
assessments on hazardous wastes (generated).

1. On and after July (June) first, two thousand and ten (nineteen
hundred eighty-five), there is hereby imposed upon every person who is
engaged within the state in the generation of hazardous waste
identified or listed pursuant to this title a special assessment to be
determined as follows:

a. (Twenty-s) Seven dollars per ton of hazardous waste generated which
is disposed of in a landfill...

Section two amends chapter 423 of the laws of 1990 as follows: On or
after July (June) first, two thousand ten (nineteen hundred eighty
five), there is hereby imposed upon persons holding permits or
required to hold permits for the storage, treatment, or disposal of
hazardous waste pursuant to section 27-0913 of this title a hazardous
waste disposal special assessment to be determined as follows:

a. Twenty dollars per ton of waste which is received for disposal in a
landfill or for storage prior to disposal in a landfill.

 JUSTIFICATION :
This bill reinstates and modifies a land disposal tax on hazardous
waste disposed of in New York. In 2004, CWM Chemical Services, LLC
challenged New York's hazardous waste disposal taxi that disposal tax
was subsequently voided by the courts.

Today, New York generators pay a tax on hazardous waste disposed of in
New York, however, out-of-state generators using New York hazardous
waste landfills pay no tax. For decades, New York has been a massive
net importer of hazardous waste for land disposal, particularly PCB
contaminated wastes.

This bill reduces the land disposal generator tax on New York business
from $27.00 per ton to $7.00 per ton, and imposes a $20.00 per ton tax
on all hazardous waste disposed of in New. York, most of which
originates from outside its borders. The bill allows New York to tax
all hazardous waste land filled within its borders similar to other
states with such facilities.

The bill also promotes the state and federal hazardous waste
management hierarchies which establish land disposal as the least
preferable method of management. The effect of this bill is to
encourage the use of preferred alternatives under the hierarchies to
minimize, treat, or reclaim hazardous waste.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATION :
New revenue of more than $3 million is anticipated; ninety percent
will be remitted to the state's Hazardous Waste Remedial Fund and ten
percent to the county health department in which the landfill is
located.

 EFFECTIVE DATE :
This act shall take effect July 1, 2010.

2009-S6048A (ACTIVE) - Bill Text download pdf

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

                                 6048--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 22, 2009
                               ___________

Introduced  by Sens. THOMPSON, MAZIARZ, VOLKER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  recommitted to the Committee on Environmental Conservation in  accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  creating a hazardous waste landfill special assessment

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

  Section  1. The section heading, the opening paragraph and paragraph a
of subdivision 1 of section 27-0923 of  the  environmental  conservation
law,  the  section heading and the opening paragraph of subdivision 1 as
added by chapter 38 of the laws of 1985 and paragraph a of subdivision 1
as amended by chapter 423 of the laws of 1990, are  amended  and  a  new
paragraph g is added to read as follows:
  Special assessments on hazardous wastes [generated].
  On  and  after  [June]  JULY first, [nineteen hundred eighty-five] TWO
THOUSAND TEN, there is hereby imposed upon every person who  is  engaged
within  the  state  in  the  generation of hazardous waste identified or
listed pursuant to this title a special assessment to be  determined  as
follows:
  a.  [Twenty-seven]  SEVEN dollars per ton of hazardous waste generated
which is disposed of in a landfill on the site where the waste is gener-
ated or which is designated for removal or  removed  from  the  site  of
generation for disposal in a landfill or which is designated for removal
or  removed from the site of generation for storage prior to disposal in
a landfill;
  G. FOR THE PURPOSE OF THIS SUBDIVISION, GENERATION OF HAZARDOUS  WASTE
SHALL NOT INCLUDE RETRIEVAL OR CREATION OF HAZARDOUS WASTE WHICH MUST BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14310-03-0

S. 6048--A                          2

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.
  S  2.  Subdivision 2 of section 27-0923 of the environmental conserva-
tion law, as amended by chapter 423 of the laws of 1990, is  amended  to
read as follows:
  2.  On  or after [June] JULY first, [nineteen hundred eighty-five] TWO
THOUSAND TEN, there is hereby imposed upon persons  holding  permits  or
required  to  hold  permits  for  the  storage, treatment or disposal of
hazardous waste pursuant to section 27-0913 of this  title  a  hazardous
waste disposal special assessment [to be determined as follows:
  a. Twenty-seven] OF TWENTY dollars per ton of hazardous waste which is
received  for disposal in a landfill or for storage prior to disposal in
a landfill[;
  b. Nine dollars per ton of  hazardous  waste  which  is  received  for
incineration or for storage prior to incineration;
  c.  Sixteen  dollars  per ton of hazardous waste which is received for
treatment or disposal, exclusive of disposal in a landfill or by  incin-
eration, or for storage prior to such treatment or disposal;
  d.  No special assessment shall be imposed under this subdivision upon
receipt for treatment or disposal, or storage prior thereto of hazardous
waste where such waste was generated by persons subject to  the  special
assessment under subdivision one of this section].
  S  3. Section 27-0923 of the environmental conservation law is amended
by adding a new subdivision 2-a to read as follows:
  2-A. TEN PERCENT OF ANY SPECIAL ASSESSMENT PAID FOR LANDFILL  DISPOSAL
SHALL  GO  TO THE COUNTY HEALTH DEPARTMENT OF THE COUNTY WHERE THE LAND-
FILL THAT IS ACCEPTING HAZARDOUS WASTE IS LOCATED.  SUCH FUNDS SHALL  BE
PAID  TO  THE COUNTY ON A QUARTERLY BASIS ON OR BEFORE THE TWENTIETH DAY
OF THE MONTH AFTER THE  END  OF  EACH  CALENDAR  QUARTER.    ALL  MONEYS
COLLECTED  OR  RECEIVED  BY THE COUNTY PURSUANT TO THIS SECTION SHALL BE
CREDITED TO THE COUNTY HEALTH DEPARTMENTS.   COUNTY  HEALTH  DEPARTMENTS
SHALL USE SUCH MONIES FOR ASSESSMENT OF ANY POTENTIAL HEALTH OR ENVIRON-
MENTAL  IMPACT  FROM  THE LANDFILL DISPOSAL FACILITY, INCLUDING SOIL AND
WATER TESTING. SUCH MONIES SHALL SUPPLEMENT  AND  IN  NO  CASE  SUPPLANT
EXISTING FUNDING.
  S  4. Paragraphs c, d and e of subdivision 3 of section 27-0923 of the
environmental conservation law, paragraph c as amended by section  5  of
part I of chapter 577 of the laws of 2004, paragraph d as added by chap-
ter  512  of the laws of 1986 and paragraph e as added by chapter 423 of
the laws of 1990, are 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.
  d.] No portion of the special assessments collected pursuant  to  this
section  shall  be  used for any purpose if such use, under federal law,
would preclude the collection of such special assessment.
  [e.] D. Notwithstanding any provision of this section to the contrary,
the actual method utilized to dispose of or treat  any  hazardous  waste
shall  govern the determination of the rate per ton applicable under the
special assessments imposed by this  section,  even  if  such  hazardous
waste  was  designated  for  removal,  removed,  stored  or received for

S. 6048--A                          3

disposal or treatment by a method different  than  the  method  actually
utilized.  Where any such special assessment with respect to any hazard-
ous waste is reported and paid on the basis of a rate per ton  which  is
greater  than  the rate per ton applicable to the actual method utilized
to dispose of or treat such hazardous waste, the difference between  the
amount  reported  and  paid  and  the  amount due using the rate per ton
applicable to the actual method utilized shall be considered an overpay-
ment of such  special  assessment.  The  commissioner  of  taxation  and
finance  shall  credit or refund such overpayment in the manner provided
and subject to the conditions contained in article twenty-seven  of  the
tax law, as incorporated by subdivision six of this section.
  S  5.  Paragraph b of subdivision 4 of section 27-0923 of the environ-
mental conservation law, as added by chapter 38 of the laws of 1985,  is
amended to read as follows:
  b.  All  [moneys]  MONIES  collected  or received by the department of
taxation and finance pursuant to this section shall be  deposited  daily
to  the  credit  of the comptroller with such responsible banks, banking
houses or trust companies as may be designated by the comptroller.  Such
deposits  shall  be kept separate and apart from all other moneys in the
possession of the comptroller. The comptroller  shall  require  adequate
security  from  all  such  depositories. Of the revenues collected under
this section, the comptroller shall retain in his hands such amounts  as
the  commissioner  of taxation and finance may determine to be necessary
for refunds under this section and the comptroller shall pay any refunds
to which those liable for special assessments shall  be  entitled  under
the  provisions  of  this  section. The comptroller, after reserving the
amount to pay such refunds, shall, on or before the tenth  day  of  each
month,  pay  all  special  assessments, interest and penalties collected
under this section and remaining to his credit in  such  banks,  banking
houses  or  trust  companies at the close of business on the last day of
the preceding month into  the  hazardous  waste  remedial  fund  created
pursuant  to  section  ninety-seven-b  of  the state finance law. Within
thirty days after each quarterly reporting date, the  comptroller  shall
certify  the  amount of special assessments under this section deposited
in the hazardous waste remedial fund during the  preceding  quarter  and
the  cumulative amount collected since the start of the current calendar
year, and shall submit such certification to the governor and the chair-
man of the senate finance committee and the  chairman  of  the  assembly
ways and means committee.
  S 6. This act shall take effect July 1, 2010.

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