Re-establishes the state superfund management board as the state remedial program oversight board; repealer

BILL NUMBER:A4462A

Title of bill

An act to amend the environmental conservation law and the state finance law, in relation to re-establishing the existence of the state superfund management board as the state remedial program over- sight board and repealing section 27-1319 of the environmental conserva- tion law relating to the state superfund management board; and providing for the repeal of such provisions upon expiration thereof

Summary of specific provisions

Adds a new section 27-1319 to the Envi- ronmental Conservation Law, re-establishing the state superfund manage- ment board as it was created by Chapter 857 of the Laws of 1982 and subsequent amendments thereto.

Repeals the existing section 27-1319 of the Environmental Conservation Law that provided for the state superfund management board until its statutory expiration on March 31st, 1999.

This bill will expire on June 1, 2019.

Purpose and justification

The State Superfund Management Board consisted of fourteen members including the Commissioners or their designees of the Departments of Environmental Conservation and Health, and twelve at-large members appointed by the Governor, upon recommenda- tions by the following: two by the Temporary President of the Senate, two by the Speaker of the Assembly, one by the Minority Leader of the Senate, one by the Majority of the Assembly and, of the remaining six, two representing environmental organizations, two representing indus- tries that generate hazardous waste in the State and two who live within municipalities within which exist an inactive hazardous waste site(s) and have been involved in a citizen's organization that has the purpose relating to Chair of the Board.

The Board's primary responsibility is to monitor and evaluate the State's implementation of the inactive hazardous waste site remedial program, more widely known as the state "superfund" program. Based on its review, the Board shall report to the Governor and the Legislature, on or before January 1 of each year, its assessment of the implementa- tion of the superfund program, available funding and resources, and the need for steps to assure the future availability of funding. Also under the Environmental Quality Bond Act of 1986, if the Board were to receive certification by the comptroller of a shortfall of industry fees needed to retire their share of debt service on the bonds, the Board is charged with recommending funding mechanisms to the Legislature.

Since its inception in the early 1980s, the superfund program has successfully cleaned up hundreds of contaminated waste sites. Current- ly, the funds for implementation of the state superfund provided by the Environmental Quality Bond Act of 1986 are exhausted, leaving roughly 800 hazardous waste sites statewide with little funding for cleanup costs.

Unfortunately, the state superfund management board, whose task was to recommend funding mechanisms for the superfund program to the Legisla- ture, expired statutorily in 1999 and cannot address the fiscal crisis currently facing the superfund program.

This bill will re-establish the state superfund management board to address re-financing of the state superfund program and monitor its implementation in order to protect New Yorkers from the dangers posed by hazardous waste sites for both current and future generations.

Prior legislative history

A.467 (2001-02). A.5892-A (2003-04), A.1810 (2005-06). A1141 (2007-2008).

Fiscal implications for state and local government

Members of the Board serve without compensation except necessary and actual expenses.

Effective date

Immediately.