S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2537
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  COLTON, DICKENS, SEAWRIGHT, SIMON, RIVERA --
   Multi-Sponsored by -- M. of A. COOK -- read once and referred  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, paragraphs b and c of subdivision 1 as
 amended and paragraph d of subdivision 1 as added by section 3 of part E
 of chapter 58 of the laws of 2019,  and  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00455-01-3
 A. 2537                             2
 
 of the state finance law, and shall be made available for the  following
 purposes:
   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;
   (c)  administration  and enforcement of the requirements of this arti-
 cle, exclusive of titles thirteen and fourteen; and
   (d) conducting an updated market analysis of outlets  for  waste  tire
 utilization including recycling and energy recovery opportunities, which
 shall not include the incineration of waste tires.
   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.