What's happening
This bill requires New York to develop a plan and provide assistance for the removal and remediation of waste tires used in agriculture.
Why it matters
Addresses Environmental and Public Health Risks. By targeting waste tires in agricultural settings, the bill aims to reduce vector threats (like mosquitoes breeding in stagnant water inside tires), which can carry diseases harmful to humans, animals, and crops.
Provides Direct Support to Farmers. The law would ensure farmers have access to both technical guidance and financial aid for proper tire disposal and remediation, helping alleviate the cost and complexity of compliance for individual agricultural producers.
Clarifies Funding and Enforcement. The bill exempts certain state expenditures on agricultural tire removal from mandatory recovery efforts, allowing for more flexible and potentially faster cleanup without the administrative burden of seeking reimbursement from farmers.
Integrates Multiple Agencies. By requiring collaboration between the Department of Agriculture and Markets and the Department of Environmental Conservation, the bill leverages expertise from both sectors to create an effective, targeted cleanup strategy tailored to agricultural realities.
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Who cares
Farmers using waste tires in agricultural production
The bill would require a removal and remediation plan that provides farmers with technical expertise and financial assistance.
Department of Agriculture and Markets
Its commissioner would have to develop the plan in consultation with the environmental conservation commissioner and address the vector threat posed by waste tires.
Department of Environmental Conservation
The bill would authorize waste management and cleanup fund spending for agricultural waste tire removal and remediation under the plan and exempt that spending from cost-recovery requirements.
Headline styles
Clean Up Farm Waste Tires
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- 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.865
- Reported and committed to finance
- Referred to agriculture
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.
Remove Farm Waste Tires
In Assembly Committee · Environmental Conservation · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4974
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the environmental conservation law, in relation to the removal and remediation of waste tires
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 16 of the agriculture and markets law is amended by adding a new subdivision 50 to read as follows:
50. The commissioner, in consultation with the commissioner of environmental conservation, shall develop a plan to remediate and remove waste tires used in agricultural production. Such plan shall address the vector threat posed by waste tires and shall provide farmers with technical expertise and financial assistance.
§ 2. Subdivision 5 of section 27-1907 of the environmental conservation law, as amended by section 2 of part DD of chapter 59 of the laws of 2010, is amended to read as follows:
5. The department shall make all reasonable efforts to recover the full amount of any funds expended from the waste management and cleanup fund for abatement or remediation through litigation or cooperative agreements except for funds expended according to paragraph d of subdivision one of section 27-1915 of this title. Any and all moneys recovered, repaid or reimbursed pursuant to this section shall be deposited with the comptroller and credited to such fund.
§ 3. Subdivision 1 of section 27-1915 of the environmental conservation law, as amended by section 5 of part DD of chapter 59 of the laws of 2010, is amended to read as follows:
1. costs of the department for the following:
(a) first-year costs:
(i) enumeration and assessment of noncompliant waste tire stockpiles; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11024-01-9
S. 4974 2
(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; and
(d) any costs associated with the removal and remediation of waste tires in accordance with subdivision fifty of section sixteen of the agriculture and markets law.
§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law and the environmental conservation law, in relation to the removal and reme- diation of waste tires
Purpose
The purpose of this legislation is to develop a plan and provide assist- ance for the remediation or removal of waste tires used in agricultural production.
Summary of provisions
Section 1- Amends section 16 of the agriculture and markets law, direct- ing the commissioner in consultation with the commissioner of the Department of Environmental Conservation to develop a plan to remediate and remove waste tires used in agricultural production. The plan must address the vector threat posed by waste tires and must provide farmers with technical and financial assistance.
Section 2 - Amends subdivision 5 of section 27-1907 of the environmental conservation law to exempt the remediation of waste tires used in agri- cultural production from cost recovery.
Section 3 - Amends subdivision 1 of section 27-1915 of the environmental conservation law to permit funds collected through the fee imposed on tires to be used for the remediation and removal of waste tires used in agricultural production.
Section 4 - Effective Date.
Existing law
Under the current law, the fee imposed on tires may be used for assess- ment of waste tire stockpiles, aerial reconnaissance to locate waste tire stockpiles and the abatement of stockpiles. Additionally, the Department of Environmental Conservation is directed to seek cover recovery from responsible parties.
Justification
Waste tires are used on farms, in the majority of cases dairy farms, to secure tarpaulins that cover corn silage, haylage, and other agricul- tural feeds. This practice is done to protect feed stocks from the weather.
However, waste tires may become breeding grounds for vectors such as mosquitos which carry illness. The Department of Environmental Conserva- tion has enacted regulations that would require farms to halve or drill holes in tires to prevent the retention of water. Many tires used by farmers are radial-ply tires which contain metal wire in the tread and side walls. If halved or drilled, the metal wire in the tires may break, and mix with the feed, posing a health threat to cows who consume pieces of metal. Drilling or halving tires is a difficult process that also poses potential harm to the farm workers.
This legislation will help farmers address these new regulations by directing the Department of Agriculture and Markets to developing a plan to address waste tires and provide farmers with technical and financial assistance to address waste tires.
Legislative history
This is a new bill.
Fiscal implications
To be determined
Effective date
This act shall take effect on the 120th day. Effective immediately the department is authorized to make or repeal and rule necessary to imple- ment the provisions of this bill.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.