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Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1250
- Print number 5323b
- Amend and recommit to rules
- Committee discharged and committed to rules
- Print number 5323a
- Amend and recommit to environmental conservation
Show 1 earlier action
- Referred to environmental conservation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5323B
Title of bill
An act to amend the environmental conservation law, in relation to hazardous waste program fees and surcharges
Purpose
To amend the formula for the imposition of the fees on hazardous waste and hazardous wastewater to incentivize the on-site recycling of such waste.
Summary of provisions
The bill amends paragraph f of subdivision 1 of 72-0402 of Environmental Conservation Law by adding a new subparagraph (ii) to provide that: (1) no fee shall be imposed on a generator for any amount of hazardous waste or hazardous wastewater that is both generated and recycled on-site; and (2) calculates the tax for such waste and wastewater based on the net amount of such materials placed into the waste stream rather than upon the gross amount of hazardous waste or hazardous wastewater generated in a calendar year.
Justification
In order to address the shortfalls in the funding for New York State Parks and the Environmental Protection Fund, the Legislature adopted a series of revenue enhancers, including adjustments to the fees on hazardous waste and hazardous wastewater, significantly increasing the financial obligation of large generators of such materials. However, the fees were calculated and imposed in manner that increases fees for those generators that affirmatively adopt programs to recycle hazardous waste on-site for reuse or sale as a commercial chemical product or raw material.
Currently, pursuant to the Resource Conservation and Recovery Act regulations, waste solvents that are sent for on-site reclamation and returned to the original manufacturing process for reuse via hard pipes are exempt from the fee calculation under what is called the "closed loop exclusion." This is consistent with sound environmental policy to encourage the recycling of hazardous waste. However, if a generator that has an extensive recovery system for waste solvent generates recovered material (either from their own manufacturing or from taking in outside solvent for recovery) that is sold externally (as an alternative to virgin solvents or chemicals), the generator is not eligible for the "closed-loop exclusion" and are also punished under the fee calculation; the solvent prior to reclamation is deemed to be a hazardous waste and subject to the fee in addition to any waste generated from the recovery process.
This legislation would modify this gap in sound environmental policy by (1) promoting on-site recovery and reuse and external sale of excess recovered solvent and (2) assessing the fee for hazardous waste and hazardous wastewater on the amount of such materials actually disposed of as a hazardous waste.
Legislative history
New bill.
Fiscal implications
The direct fiscal impact is estimated to be less than $500,000.
Effective date
This act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.