Senate Bill S5323

2011-2012 Legislative Session

Relates to hazardous waste program fees and surcharges

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2011-S5323 - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §72-0402, En Con L

2011-S5323 - Summary

Relates to hazardous waste program fees and surcharges.

2011-S5323 - Sponsor Memo

2011-S5323 - Bill Text download pdf 

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

                                  5323

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  hazardous waste program fees and surcharges

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

  Section 1. Paragraph f of subdivision 1  of  section  72-0402  of  the
environmental  conservation  law,  as added by chapter 99 of the laws of
2010, is amended to read as follows:
  f. (I) In any case where a generator recycles more than ninety percent
of the amount of hazardous waste or more  than  ninety  percent  of  the
amount  of  hazardous  wastewater  it  produces in any calendar year, as
certified to the commissioner, upon which a fee is imposed  pursuant  to
this  section,  any such fee imposed or to be imposed in such case shall
be determined based upon the net amount of hazardous waste or  hazardous
wastewater  generated,  as  applicable, which is not so recycled in such
calendar year, rather than upon the gross amount of hazardous  waste  or
hazardous wastewater generated in such calendar year.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, NO FEE SHALL BE IMPOSED ON A GENERATOR PURSUANT TO  THIS  SECTION
FOR  ANY  AMOUNT OF HAZARDOUS WASTE OR HAZARDOUS WASTEWATER THAT IS BOTH
GENERATED AND RECYCLED ON-SITE.  FOR  ALL  OTHER  ON-SITE  RECYCLING  OF
HAZARDOUS  WASTE  OR  HAZARDOUS  WASTEWATER, THE FEE IMPOSED PURSUANT TO
THIS SECTION SHALL BE DETERMINED BASED UPON THE NET AMOUNT OF  HAZARDOUS
WASTE OR HAZARDOUS WASTEWATER GENERATED WHICH IS NOT RECYCLED ON-SITE IN
SUCH CALENDAR YEAR, RATHER THAN UPON THE GROSS AMOUNT OF HAZARDOUS WASTE
OR HAZARDOUS WASTEWATER GENERATED IN SUCH CALENDAR YEAR.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10880-01-1

co-Sponsors

2011-S5323A - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §72-0402, En Con L

2011-S5323A - Summary

Relates to hazardous waste program fees and surcharges.

2011-S5323A - Sponsor Memo

2011-S5323A - Bill Text download pdf 

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

                                 5323--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 5, 2011
                               ___________

Introduced by Sens. ROBACH, ALESI -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  hazardous waste program fees and surcharges

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

  Section 1. Paragraph f of subdivision 1  of  section  72-0402  of  the
environmental  conservation  law,  as added by chapter 99 of the laws of
2010, is amended to read as follows:
  f. In any case where EITHER (I) a generator recycles more than  ninety
percent  of the amount of hazardous waste or more than ninety percent of
the amount of hazardous wastewater it produces in any calendar year,  as
certified  to  the commissioner, upon which a fee is imposed pursuant to
this section, OR (II) A GENERATOR RECYCLES IN EXCESS  OF  FOUR  THOUSAND
TONS  OF  HAZARDOUS  WASTE OR HAZARDOUS WASTEWATER IN A CALENDAR YEAR AS
CERTIFIED BY THE COMMISSIONER UPON WHICH A FEE IS  IMPOSED  PURSUANT  TO
THIS  SECTION  AND SUCH RECYCLING CONSISTS OF REFINING A MIXED COMPONENT
STREAM INTO INDIVIDUAL COMPONENTS FOR REUSE OR RESALE AS  AN  ACCEPTABLE
SUBSTITUTE  FOR  NEW  MATERIAL, any such fee imposed or to be imposed in
such case shall be determined based upon the  net  amount  of  hazardous
waste  or hazardous wastewater generated, as applicable, which is not so
recycled in such calendar year, rather than upon  the  gross  amount  of
hazardous waste or hazardous wastewater generated in such calendar year.
FOR  PURPOSES  OF THIS SECTION, "RECYCLE" MEANS THE SERIES OF ACTIVITIES
BY WHICH MATERIALS ARE COLLECTED, SORTED, PROCESSED, INCLUDING BY ORGAN-
IC  PROCESSING,  AND  CONVERTED  INTO  RAW  MATERIALS  OR  USED  IN  THE
PRODUCTION  OF  NEW  PRODUCTS  AND  "REUSE"  MEANS  THE USE OF MATERIALS
REMOVED FROM THE HAZARDOUS WASTE STREAM FOR A USE FOR WHICH THE  MATERI-
ALS ARE MANUFACTURED. THESE TERMS EXCLUDE COMBUSTION, PYROLYSIS, GASIFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10880-03-1

co-Sponsors

2011-S5323B (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §72-0402, En Con L

2011-S5323B (ACTIVE) - Summary

Relates to hazardous waste program fees and surcharges.

2011-S5323B (ACTIVE) - Sponsor Memo

2011-S5323B (ACTIVE) - Bill Text download pdf 

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

                                 5323--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 5, 2011
                               ___________

Introduced by Sens. ROBACH, ALESI -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted to said committee -- committee discharged  and
  said bill committed to the Committee on Rules -- committee discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  hazardous waste program fees and surcharges

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

  Section 1. Paragraph f of subdivision 1  of  section  72-0402  of  the
environmental  conservation  law,  as added by chapter 99 of the laws of
2010, is amended to read as follows:
  f. In any case where a generator recycles EITHER (I) more than  ninety
percent  of the amount of hazardous waste or more than ninety percent of
the amount of hazardous wastewater it produces in any calendar year, [as
certified to the commissioner, upon which a fee is imposed  pursuant  to
this  section,]  OR (II) MORE THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE
OR HAZARDOUS WASTEWATER IN A CALENDAR YEAR, AS CERTIFIED BY THE  COMMIS-
SIONER,  UPON  WHICH A FEE IS IMPOSED PURSUANT TO THIS SECTION, any such
fee imposed or to be imposed in such case shall be determined based upon
the net amount of hazardous waste or hazardous wastewater generated,  as
applicable,  which is not so recycled in such calendar year, rather than
upon the gross amount of hazardous waste or hazardous wastewater  gener-
ated in such calendar year.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10880-07-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.