S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1387
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  the
   reimbursement  of  costs  to the New York environmental protection and
   spill compensation fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  27-1903 of the environmental
 conservation law, as added by section 3 of part V1 of chapter 62 of  the
 laws of 2003, is amended to read as follows:
   2.  State government must make an essential contribution to the devel-
 opment and implementation of environmentally, economically  and  techni-
 cally  viable waste tire management programs. The department shall coop-
 erate with other state agencies, including the DEPARTMENT OF  AUDIT  AND
 CONTROL  WITH  REGARD  TO THE ENVIRONMENTAL PROTECTION AND SPILL COMPEN-
 SATION FUND AS ESTABLISHED PURSUANT TO ARTICLE TWELVE OF THE  NAVIGATION
 LAW,  THE  department of economic development, THE New York state energy
 research and development authority, the  department  of  transportation,
 the  New  York  state thruway authority and the department of health, to
 ensure that waste tires are effectively managed  and  used  in  environ-
 mentally acceptable ways consistent with the purposes of this chapter.
   §  2.  Section 27-1915 of the environmental conservation law, as added
 by section 3 of part V1 of chapter 62 of the laws of 2003,  the  opening
 paragraph  and subdivision 1 as amended by section 5 of part DD of chap-
 ter 59 of the laws of 2010, subdivision 6 as amended  by  section  3  of
 part T of chapter 58 of the laws of 2016, is amended to read as follows:
 § 27-1915. Use of waste tire management and recycling fee funds.
   Waste  tire  management  and  recycling fees shall be deposited in the
 waste management and cleanup fund established in  section  ninety-two-bb
 of  the state finance law, and shall be made available for the following
 purposes:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01177-01-7

 S. 1387                             2
 
   1. costs of the department for the following:
   (a) first-year costs:
   (i)  enumeration and assessment of noncompliant waste tire stockpiles;
 and
   (ii) aerial reconnaissance to locate, survey  and  characterize  sites
 environmentally, for remote sensing, special analysis and scanning;
   (b) abatement of noncompliant waste tire stockpiles; and
   (c)  administration  and enforcement of the requirements of this arti-
 cle, exclusive of titles thirteen and fourteen.
   2. REIMBURSEMENT OF COSTS OF THE NEW YORK ENVIRONMENTAL PROTECTION AND
 SPILL COMPENSATION FUND IN THE DEPARTMENT OF AUDIT AND CONTROL, PURSUANT
 TO ARTICLE TWELVE OF THE NAVIGATION LAW, FOR THE FOLLOWING:
   (A) CLEANUP AND REMOVAL OF PETROLEUM CONTAMINATION RESULTING FROM  ANY
 WASTE TIRE FIRE;
   (B) ANY DAMAGE CLAIM PAID BY THE NEW YORK ENVIRONMENTAL PROTECTION AND
 SPILL COMPENSATION FUND AS A RESULT OF ANY WASTE TIRE FIRE; AND
   (C)  ALL  OTHER DIRECT OR INDIRECT COSTS RELATED TO THE REMEDIATION OF
 PETROLEUM CONTAMINATION RESULTING FROM ANY WASTE TIRE FIRE.
   3. costs of the department of economic development for the following:
   (a) conducting an updated market analysis of outlets  for  waste  tire
 utilization including recycling and energy recovery opportunities;
   (b)  establishment  of  a  program  to  provide funds to businesses to
 develop technology that leads to increased markets for waste tires;
   (c) funding of demonstration projects; and
   (d) administration of requirements of this section.
   [3.] 4. costs of the department of transportation for the following:
   (a) funding of demonstration and other projects for road base,  paving
 and other civil engineering uses; and
   (b) administration of requirements of this section.
   [4.]  5. costs of the New York state thruway authority for the follow-
 ing:
   (a) funding of demonstration and other projects for road base,  paving
 and other civil engineering uses; and
   (b) administration of requirements of this section.
   [5.]  6.  costs  of the New York state energy research and development
 authority for the following:
   (a) funding research projects which  will  enhance  sustainable  waste
 tire recycling activities; and
   (b) administration of requirements of this section.
   [6.] 7. costs of the department of health for the following:
   (a) recommendations to protect public health;
   (b) administration of requirements of this section; and
   (c)  prevention  or  control  of  on-site  populations  of vectors, as
 defined in subdivision ten of section 27-2301  of  this  article,  using
 techniques  appropriate  for protection of human health and the environ-
 ment to prevent the site from being a vector breeding area.
   Any funds not used for a given year shall be returned to the fund  and
 be added to the total funds available for disbursement in the succeeding
 year.
   §  3.  This  act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after May 15, 2003.