What's happening
This bill allows waste tire management funds to reimburse the Environmental Protection and Spill Compensation Fund for cleanup costs from waste tire fires.
Why it matters
Links waste tire management funds to environmental emergency response. By allowing reimbursements to the Environmental Protection and Spill Compensation Fund for cleanup costs from waste tire fires, the bill ensures that funds collected from tire sales are directly used to address the environmental hazards these tires can cause, especially when they catch fire and release pollutants.
Strengthens financial support for rapid cleanup. The change could enable quicker and more comprehensive remediation of petroleum contamination resulting from waste tire fires, as the Environmental Protection and Spill Compensation Fund will have a dedicated source for reimbursement, reducing bureaucratic delays and funding shortfalls.
Shifts cleanup burden from taxpayers to polluter-focused funds. Rather than relying on general state funds or taxpayer dollars, the costs associated with responding to waste tire fires and petroleum contamination are more closely tied to the industry responsible for generating the waste, aligning incentives and potentially encouraging better tire management practices.
Addresses both immediate damages and long-term remediation. The bill covers not just direct cleanup costs but also any damage claims paid out and indirect costs related to waste tire fire remediation, ensuring a comprehensive approach to managing the aftermath of such environmental incidents.
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Who cares
Headline styles
Fund Spill Cleanups
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1043
- Reported and committed to finance
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Pay Back Spill Cleanup Costs
In Assembly Committee · Environmental Conservation · Sponsor William Colton
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1387
2017-2018 Regular Sessions
IN SENATE
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 Assembly, 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 development and implementation of environmentally, economically and technically viable waste tire management programs. The department shall cooperate with other state agencies, including the department of audit and control with regard to the environmental protection and spill compensation 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 environmentally 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 chapter 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 article, 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 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.
[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 environment 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this bill is to provide for reimbursement to the New York Environmental Protection and Spill Compensation Fund (the "Oil Spill Fund") for costs related to cleanup of damage caused by a waste tire fire and to include the Oil Spill Fund in the Department of Audit and Control in the listing of those agencies cooperating with the Department of Environmental Conservation in relation to the Waste Tire Management and Recycling Act of 2003.
Summary of specific provisions
Section 1 amends subdivision 2 of section 27-1903 of the Environmental Conservation Law to include the Office of the State Comptroller, Department of Audit and Control, in the listing of agencies the Department of Environmental Conservation must cooperate and consult with when implementing waste tire management programs.
Section 2 adds a new subdivision 2 to section 27-1915 of the Environmental Conservation Law to provide for reimbursement of costs to the Oil Spill Fund for the following: (a) cleanup of petroleum contamination resulting from any waste tire fire; (b) any damage claim paid by the Oil Spill 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.
Section 3 provides for an immediate effective date and is deemed to have been in effect as of May 15, 2003.
Discussion
Pursuant to Navigation Law article 12, the Oil Spill Fund pays for the cleanup and removal of petroleum spills conducted under the direction of the Department of Environmental Conservation. As it is estimated that every tire contains, on the average, three to four gallons of petroleum, and as the discharge that can result from the burning of tires is a petroleum product, the fund must pay for the cleanup and removal of such contamination. Typically, petroleum contamination from the burning of tires is very costly to remediate, and, in the absence of a responsible party to reimburse the Oil Spill Fund for the cost of the cleanup, the fund must write off this expense. This bill will allow the Oil Spill Fund to recoup its expenditures for cleaning up any petroleum by-products associated with the burning of tires.
Prior legislative history
2013-14: A.1684/EnCon 2011-12: A.991/Encon 200910: A.1574/Encon 2007-08: A.3316/Encon 2005-06, A4794/Encon 2004: A.11474/Passed
Fiscal implications
None.
Effective date
This act shall take effect immediately and is deemed to have been in effect as of May 15, 2003.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.