Bill Text: NY A05480 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Creates a nontoxic dry cleaning incentive grant and demonstration program and establishes an account to fund such grant and demonstration program; establishes a fee to be paid for the use, manufacture and sale of perchloroethylene; fees to be deposited into the nontoxic dry cleaning incentive fund.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A05480 Detail]

Download: New_York-2011-A05480-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5480
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2011
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, COLTON -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law and the state finance
         law, in relation to the creation of a nontoxic dry cleaning  incentive
         grant  and  demonstration  program  and establishes an account to fund
         such grant and demonstration program
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new article 48 to read as follows:
    3                                 ARTICLE 48
    4                            NONTOXIC DRY CLEANING
    5  SECTION 48-0101. NONTOXIC DRY CLEANING INCENTIVE FEE.
    6          48-0103. NONTOXIC DRY CLEANING INCENTIVE GRANT AND DEMONSTRATION
    7                     PROGRAM.
    8  S 48-0101. NONTOXIC DRY CLEANING INCENTIVE FEE.
    9    1. (A) THE DEPARTMENT SHALL IMPOSE A THREE DOLLAR PER  GALLON  FEE  ON
   10  THE USE, MANUFACTURE AND SALE OF PERCHLOROETHYLENE IN THE STATE.
   11    (B)  THE AMOUNT OF THE FEE IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS
   12  SECTION SHALL INCREASE BY ONE DOLLAR PER GALLON ON  JANUARY  FIRST,  TWO
   13  THOUSAND  THIRTEEN,  AND  SHALL  INCREASE  BY ONE DOLLAR EACH SUBSEQUENT
   14  YEAR, UNTIL JANUARY FIRST, TWO THOUSAND TWENTY.
   15    2. MONEYS GENERATED BY THE FEE IMPOSED PURSUANT TO SUBDIVISION ONE  OF
   16  THIS  SECTION  SHALL BE DEPOSITED IN THE NONTOXIC DRY CLEANING INCENTIVE
   17  FUND, ESTABLISHED BY SECTION NINETY-TWO-H OF THE STATE FINANCE LAW.
   18    3. (A) MONEYS DEPOSITED IN THE NONTOXIC DRY CLEANING  INCENTIVE  TRUST
   19  FUND SHALL BE AVAILABLE FOR EXPENDITURE BY THE COMMISSIONER, UPON APPRO-
   20  PRIATION  BY  THE  LEGISLATURE,  TO  FUND THE GRANT PROGRAM DESCRIBED IN
   21  SECTION 48-0103 OF THIS ARTICLE AND TO FUND  THE  DEMONSTRATION  PROJECT
   22  DESCRIBED IN SUBDIVISION FIVE OF SECTION 48-0103 OF THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09118-01-1
       A. 5480                             2
    1    (B)  THE COMMISSIONER SHALL ALLOCATE, FROM THE MONEYS DERIVED FROM THE
    2  IMPOSITION OF THE FEE PURSUANT TO THIS SECTION, MONEYS  THAT  IT  DETER-
    3  MINES  ARE  SUFFICIENT  TO  FUND  THE DEMONSTRATION PROJECT DESCRIBED IN
    4  SUBDIVISION FIVE OF SECTION 48-0103 OF THIS ARTICLE, AND  SHALL  UTILIZE
    5  THE  REMAINING  MONEYS TO FUND THE NONTOXIC DRY CLEANING INCENTIVE GRANT
    6  PROGRAM.
    7    4. NOT MORE THAN FIVE PERCENT OF THE MONEYS IN  THE  FUND,  CALCULATED
    8  ANNUALLY,  MAY  BE  UTILIZED BY THE COMMISSIONER TO ADMINISTER THE GRANT
    9  AND DEMONSTRATION PROGRAMS.
   10  S 48-0103. NONTOXIC  DRY  CLEANING  INCENTIVE  GRANT  AND  DEMONSTRATION
   11               PROGRAM.
   12    1.  THE  COMMISSIONER SHALL DEVELOP AND IMPLEMENT A GRANT PROGRAM THAT
   13  PROVIDES INCENTIVES FOR DRY CLEANERS IN THE STATE THAT UTILIZE  PERCHLO-
   14  ROETHYLENE  IN  THEIR OPERATIONS TO TRANSITION TO UTILIZING DRY CLEANING
   15  SYSTEMS DETERMINED BY THE DEPARTMENT TO BE NONTOXIC AND NONSMOG-FORMING.
   16    2. TO BE ELIGIBLE FOR A GRANT PURSUANT  TO  THIS  SECTION,  APPLICANTS
   17  SHALL  COMPLETELY  REPLACE  THEIR  PERCHLOROETHYLENE-BASED  DRY CLEANING
   18  SYSTEM WITH A SYSTEM THAT THE DEPARTMENT DETERMINES TO  BE  APPROPRIATE,
   19  HAS DETERMINED TO BE NONTOXIC AND NONSMOG-FORMING.  THE DEPARTMENT SHALL
   20  DETERMINE THE ELIGIBILITY OF GRANT RECIPIENTS.
   21    3. (A) THE DEPARTMENT SHALL MAKE GRANTS AVAILABLE IN THE AMOUNT OF TEN
   22  THOUSAND DOLLARS TO ANY ELIGIBLE DRY CLEANING OPERATION FOR THE PURCHASE
   23  OF  A PROFESSIONAL DRY CLEANING SYSTEM THAT USES A NONTOXIC AND NONSMOG-
   24  FORMING PROCESS.
   25    (B) THE DEPARTMENT SHALL ENSURE THAT AT LEAST  FIFTY  PERCENT  OF  THE
   26  GRANT  MONEYS  PROVIDED PURSUANT TO THIS SECTION ARE AWARDED IN A MANNER
   27  THAT DIRECTLY REDUCES AIR CONTAMINANTS OR REDUCES THE PUBLIC HEALTH RISK
   28  ASSOCIATED WITH AIR CONTAMINANTS IN COMMUNITIES WITH  THE  MOST  SIGNIF-
   29  ICANT  EXPOSURE  TO  AIR  CONTAMINANTS OR LOCALIZED AIR CONTAMINANTS, OR
   30  BOTH, INCLUDING, BUT NOT LIMITED TO, COMMUNITIES OF MINORITY POPULATIONS
   31  OR LOW-INCOME POPULATIONS, OR BOTH.
   32    4. COMMENCING JANUARY FIRST, TWO THOUSAND FOURTEEN,  AND  EVERY  THREE
   33  YEARS  THEREAFTER, THE DEPARTMENT SHALL PROVIDE A REPORT TO THE LEGISLA-
   34  TURE EVALUATING EFFECTIVENESS OF THE GRANT PROGRAM.
   35    5. THE DEPARTMENT SHALL ESTABLISH A DEMONSTRATION PROGRAM TO  SHOWCASE
   36  PROFESSIONAL  NONTOXIC  AND NONSMOG-FORMING DRY CLEANING TECHNOLOGIES IN
   37  THE STATE. THE DEMONSTRATION PROGRAM SHALL REQUIRE FIFTY PERCENT  MATCH-
   38  ING  FUNDS  TO  COVER THE COSTS OF THE DEMONSTRATION PROGRAM. ANY ENTITY
   39  MAY CONTRIBUTE MONIES AS MATCHING FUNDS, INCLUDING, BUT NOT LIMITED  TO,
   40  A  STATE  OR  FEDERAL  AGENCY,  AN AIR POLLUTION CONTROL DISTRICT OR AIR
   41  QUALITY MANAGEMENT DISTRICT, A PUBLIC UTILITY DISTRICT, OR  A  NONPROFIT
   42  ENTITY.  NOT MORE THAN THIRTY PERCENT OF THE FUNDS DEPOSITED ANNUALLY IN
   43  THE NONTOXIC DRY CLEANING INCENTIVE TRUST  FUND  MAY  BE  USED  FOR  THE
   44  DEMONSTRATION PROGRAM.
   45    S  2. The state finance law is amended by adding a new section 92-h to
   46  read as follows:
   47    S 92-H. NONTOXIC DRY CLEANING  INCENTIVE  FUND.  1.  THERE  IS  HEREBY
   48  ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
   49  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NONTOXIC DRY
   50  CLEANING INCENTIVE FUND".
   51    2. SUCH FUND SHALL CONSIST OF REVENUES COLLECTED AND DEPOSITED BY  THE
   52  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION FROM THE FEE ON THE USE, MANU-
   53  FACTURE AND SALE OF PERCHLOROETHYLENE PURSUANT TO SECTION 48-0101 OF THE
   54  ENVIRONMENTAL CONSERVATION LAW AND ALL OTHER MONEYS APPROPRIATED.    ANY
   55  INTEREST  EARNED  BY THE INVESTMENT OF MONEY IN SUCH FUND SHALL BE ADDED
       A. 5480                             3
    1  TO SUCH FUND, BECOME A PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF
    2  SUCH FUND.
    3    3.  MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND
    4  ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL  BE  AVAILABLE  FOR  THE
    5  PURPOSE  OF FUNDING THE NONTOXIC DRY CLEANING INCENTIVE GRANT AND DEMON-
    6  STRATION PROGRAM ESTABLISHED IN SECTION  48-0103  OF  THE  ENVIRONMENTAL
    7  CONSERVATION LAW.
    8    S 3. This act shall take effect immediately.