71-2705, 71-2721 and 71-2723 of this title shall be paid over to the commissioner for deposit to the credit of the hazardous waste remedial fund established by section ninety-seven-b of the state finance law.

§ 5. Section 72-0101 of such law, as added by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows: § 72-0101. Declaration of policy.

The legislature of the state of New York hereby declares that comprehensive environmental regulatory management programs are essential to protect New York state's environmental resources and the public's health and welfare. It further declares that those regulated entities which use or have an impact on the state's environmental resources should bear the costs of the regulatory provisions which permit the use of these resources in a manner consistent with the environmental, economic and social needs of the state. The legislature further declares that regulatory fees are an appropriate mechanism to pay a portion of the costs of the department's regulatory functions and programs and a portion of the costs to fund the cleanup of inactive hazardous waste disposal sites and that such fees should be borne by the state's regulated entities in order to further strengthen the state's capabilities to achieve its environmental quality objectives. The legislature further declares that the department's regulatory programs and corresponding costs vary according to certain relevant technical criteria which shall be considered in determining adjustments to fees as provided in this chapter.

§ 6. Subdivision one of section 72-0201 of such law, as added by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows:

1. a. Notwithstanding any general or special law to the contrary, all persons who require a permit or approval pursuant to a state environmental regulatory program, or who are subject to regulation under a state environmental regulatory program shall submit a fee as authorized under this article annually to the department, on such forms and at such times as specified by the department.

b.

Notwithstanding any general or special law to the contrary, onehalf of all monies collected by the department pursuant to section 72-0402 and section 72-0502 of this article shall be deposited in the hazardous waste remedial fund, created pursuant to section ninetyseven-b of the state finance law.

§ 7. Subdivision four of section 72-0201 of such law, as added by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows: 4. Payment of fees shall be due within thirty days of billing by the department provided, however, that, for fees in excess of five hundred dollars and otherwise due prior to December thirty-first of the [state fiscal] calendar year for which the fee is due, the commissioner shall make provision for payments by up to three equal installments. Where the commissioner provides for payment of a fee in installments, the due date for the final installment payment shall be no later than December thirty-first of the [state fiscal] calendar year for which the fee is

due.

§ 8. Section 72-0201 of such law is amended by adding a new subdivision nine to read as follows:

9. In the event a penalty or interest is collected pursuant to subdivision five or six of this section for fees due under section 72-0402, or section 72-0502 of this article, one-half of the penalty or interest shall be deposited by the department in the hazardous waste remedial fund.

§ 9. Such law is amended by adding a new section 72-0202 to read as follows:

§ 72-0202. Collection of annual program fees.

1. Bills issued for the annual program fee due for the state fiscal year beginning April first, nineteen hundred eighty-five shall cover the period April first, nineteen hundred eighty-five through December thirty-first, nineteen hundred eighty-five. Such bill shall be an estimated bill based upon the actual amount of activity during the period April first, nineteen hundred eighty-four through December thirty-first, nineteen hundred eighty-four as reported to the department for the nineteen hundred eighty-four calendar or fiscal year; provided that, a person subject to the provisions of this article has changed status since the issuance of the bill for the preceding year so that a different fee category is applicable, the fee for the period April first, nineteen hundred eighty-five through December thirty-first, nineteen hundred eighty-five shall be based upon the estimated volume of activity

if

to be conducted by the person during the period April first, nineteen hundred eighty-five through December thirty-first, nineteen hundred eighty-five in the appropriate fee category as determined by the department as of April first, nineteen hundred eighty-five.

2. Fees for periods beginning after December thirty-first, nineteen hundred eighty-five shall be calculated based upon the calendar year. The department shall issue an estimated bill to each person subject to the provisions of this article based upon the person's actual activity in the preceding calendar year, as reported to the department; provided that, if a person subject to provisions of this article has changed status since the issuance of the bill for the preceding year so that a different fee category is applicable, the fee shall be based upon estimated volume of activity to be conducted by the person during the current calendar year in the appropriate fee category as determined by the department as of January first of the calendar year for which the fee is being charged.

the

§ 10. Section 72-0402 of such law, as added by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows: § 72-0402. Hazardous waste program fees.

1. All generators shall submit annually to the department a fee in the amount to be determined as follows:

a. [$500] $1,000 for generators of equal to or greater than fifteen tons per year and less than or equal to one hundred tons per year of hazardous waste.

b. [$3,000] $6,000 for generators of greater than one hundred tons per year and less than or equal to five hundred tons per year of hazardous

waste.

C. [$10,000] $20,000 for generators of greater than five hundred tons per year and less than or equal to one thousand tons per year of hazard

ous waste.

d. [$20,000] $40,000 for generators of greater than one thousand tons per year of hazardous waste.

2. All facility operators required to obtain a permit or certificate for the treatment, storage or disposal of hazardous waste pursuant to title nine of article twenty-seven of this chapter shall submit annually to the department a fee in an amount to be determined for all methods of hazardous waste treatment, storage or disposal as follows:

a. [$6,000] $12,000 for each facility that receives less than or equal to one thousand tons per year of hazardous waste; and

b. [$15,000] $30,000 for each facility that receives greater than one thousand tons per year of hazardous waste.

In addition, the fee determined pursuant to this section shall include:

(i) [$100,000] $200,000 for each facility for which a permit pursuant to title nine of article twenty-seven of this chapter is required to operate one or more landfills to receive hazardous waste at such facility, except that such fee shall be [$50,000] $100,000 if such facility is used by the facility operator or owner for the disposal of hazardous waste generated solely by such facility operator or owner; and

(ii) [$5,000 $10,000 for each incinerator as defined in section 72-0401 of this title which is and each unit which burns listed hazardous waste for energy recovery located at the facility operator's hazardous waste treatment, storage or disposal facility; and

(iii) [$5,000] $10,000 for each unit which burns listed hazardous waste for energy recovery at the facility operator's hazardous waste treatment, storage or disposal facility; and

(iv) [$12,000] $24,000 for each facility which provides for the treatment, storage or disposal of hazardous waste in one or more surface impoundments.

§ 11. Section 72-0502 of such law, as added by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows: § 72-0502. Waste transporter program fees.

All persons required to obtain a permit, certificate or approval pursuant to the waste transporter permit requirements set forth in title three of article twenty-seven of this chapter shall submit annually to the department a fee in an amount to be determined as follows:

1. In the case of persons permitted pursuant to title three of article twenty-seven of this chapter to transport industrial-commercial waste:

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

(a) [$250.00] $500.00 for the first vehicle permitted pursuant to title three of article twenty-seven of this chapter; and

(b) [$100.00] $200.00 per each additional vehicle permitted.

2. In the case of all other persons:

(a) [$125.00] $250.00 for the first vehicle permitted pursuant to title three of article twenty-seven of this chapter; and

(b) [$50.00] $100.00 per each additional vehicle permitted.

$ 12. The opening paragraph of paragraph b of subdivision four of section 27-1305 of such law, as amended by chapter eight hundred fiftyseven of the laws of nineteen hundred eighty-two, is amended and two new paragraphs e and f are added to read as follows:

The department shall, as part of the registry, assess [by January first, nineteen hundred eighty-four and each year thereafter, ] and, based upon new information received, reassess by January first of each year, in cooperation with the department of health, the relative [priority of the] need for action at each site to remedy environmental and health problems resulting from the presence of hazardous wastes at such sites. In making its assessments [of relative priority], the department shall place every site in one of the following classifications:

e. The department shall, in consultation with the department of health, evaluate existing site evaluation systems and shall develop a system to select and prioritize sites for remedial action. Such system shall incorporate environmental, natural resource and public health

concerns.

f. The department shall develop a site status reporting system. Utilizing such system, the department shall report by October first, nineteen hundred eighty-five and quarterly thereafter to the governor and to the legislature for each site listed in the registry. The report shall include: (1) the classification and, when available, the priority ranking of each site;

(2) the status of the investigatory, design or construction work at each site including the dates on which such work was commenced and is expected to be completed or, if known, the date on which such work is expected to be commenced and completed;

(3) the status of any remedial enforcement actions taken by the department, the attorney-general or, if known, any other party with respect to each site;

(4) the status of any health department inspection at each site;

(5) the status of the actions, if any, taken with respect to each site by the department's solid waste or hazardous waste regulatory programs; and

(6) such other information as the department may provide to indicate the status of remedial actions at each site.

§ 13. Subdivision five of section 27-1313 of such law is amended by adding a new paragraph g to read as follows:

8. When a municipality develops and implements pursuant to an agreement with the department an inactive hazardous waste disposal site remedial program as approved by the department for a site which is owned by such municipality or when the department, pursuant to an agreement with a municipality, develops and implements such a remedial program, the commissioner shall, in the name of the state, agree in such agreement to provide from the hazardous waste remedial fund, within the limitations of appropriations therefor, seventy-five percent of the eligible design and construction costs of such remedial program for which such municipality is liable solely because of its ownership of such site and which are not recovered from or reimbursed or paid by a responsible party or the federal government.

14. Subdivisions one, four, five, six and seven of section one hundred seventy-four of the navigation law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, subdivision five as amended by chapter one hundred seventy-six of the laws of nineteen hundred eighty-four, are amended to read as follows:

1. No person shall operate or cause to be operated a major facility as defined in this article without (a) a license issued by the commissioner [and], (b) without paying a license fee if such fee is required by the administrator, pursuant to the provisions of paragraph (a) of subdivision four of this section, and (c) without paying the surcharge established by paragraph (b) of subdivision four of this section.

4. (a) The license fee shall be one cent per barrel transferred until the balance in [the fund] such account established by paragraph (a)

of

subdivision two of section one hundred seventy-nine of this article equals or exceeds twenty-five million dollars, provided, however, that the fee on any barrel, including any products derived therefrom, subject to multiple transfer, shall be imposed only once at the point of first transfer. In each fiscal year following any year in which the balance of [the fund] such account equals or exceeds twenty-five million dollars, no license fee shall be imposed unless (a) the current balance in [the fund] such account is less than twenty million dollars or (b) pending claims against [the fund]_such account exceed fifty percent of the existing balance of [the fund] such account. The provisions of the foregoing notwithstanding, should claims paid from [the fund] such account not exceed five million dollars within three years after the license fee is first imposed, the license fee shall be one cent per barrel transferred until the balance in [the fund] such account equals or exceeds eighteen million dollars, and thereafter shall not be imposed unless: (1) the current balance in [the fund] such account is less than fifteen million dollars or (2) pending claims against [the fund] such account exceed fifty percent of the existing balance of [the fund] such account. In the event of either such occurrence and upon certification thereof by the state comptroller, the administrator shall within ten days of the date of such certification reimpose the license fee, which shall take effect on the first day of the month following such relevy. In the event of a major discharge or series of discharges resulting in claims against [the fund] such account exceeding the existing balance of [the fund] such account, the license fee shall be imposed at the rate of four cents per barrel transferred until the balance in [the fund] such account equals pending claims against [the fund] such account; provided, however, that the rate may be set at less than four cents per barrel transferred if the administrator determines that the revenue produced by such lower rate shall be sufficient to pay outstanding claims against [the fund] such account within one year of such imposition of the license fee. Should the fund] such account exceed eighteen million dollars or twenty-five million dollars, as herein provided, as a result of interest, the administrator and the commissioners of environmental conservation and transportation shall report to the legislature and the governor concerning the options for the use of such interest.

(b) The surcharge on the license fee shall be two and one-half cents per barrel for each barrel transferred on or after June first, nineteen hundred eighty-five.

(c) The surcharge established by paragraph (b) of this subdivision shall continue to be paid despite the fact that the license fee imposed pursuant to paragraph (a) of this subdivision may, pursuant to said paragraph, no longer be imposed.

5. Every licensee shall on or before the twentieth day of the month following the close of each license fee period certify to the commissioner on such forms as may be prescribed by the commissioner the number of barrels of petroleum transferred to the licensee's major facility during the license fee period and at the same time shall pay the full amount of the license fee and surcharge due except that no licensee shall be required to make such payment until the cumulative amount due equals or exceeds one hundred dollars. Any licensee whose cumulative lícense fee or surcharge does not equal or exceed one hundred dollars annually shall pay the total amount due on or before the twentieth day following the expiration date of the license issued pursuant to this

section.

6. If a certificate required by this section is not filed, or if a certificate when filed is incorrect or insufficient in the opinion of the commissioner, the amount of license fee or surcharge due shall be determined by the commissioner from such information as may be available. Notice of such determination, and notice of licensee's right to appeal such determination, shall be given to the licensee liable for the payment of the license fee or surcharge. Such determination shall finally and irrevocably fix the fee or surcharge unless the person against whom it is assessed, within thirty days after receiving notice of such determination, shall apply to the commissioner for a hearing, or unless the commissioner on his own motion shall redetermine the same. After such hearing the commissioner shall give notice of his determination to the person to whom the license fee or surcharge is assessed.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

7. Any licensee failing to file a certificate, failing to pay a license fee or surcharge, or filing or causing to be filed, a certificate which is willfully false, or failing to keep any records required by this article or rules and regulations adopted hereunder, shall, in addition to any other penalties herein or otherwise provided, be subject to a fine not to exceed two times the annual license fee or surcharge, as determined by the commissioner.

§ 15. Section one hundred seventy-nine of such law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventyseven, is amended to read as follows:

§ 179. New York environmental protection and spill compensation fund. 1. The New York environmental protection and spill compensation fund is hereby established as a nonlapsing, revolving fund in the department of audit and control to carry out the purposes of this article. [The fund] 2. Two separate accounts are hereby established within the fund established by subdivision one of this section:

(a) An account which shall be credited with all license fees and penalties collected pursuant to paragraph (b) of subdivision one and paragraph (a) of subdivision four of section one hundred seventy-four of this article, moneys collected pursuant to section one hundred eightyseven of this article, and all penalties collected pursuant to section one hundred ninety-two of this article.

(b) An account which shall be credited with all surcharges collected pursuant to paragraph (c) of subdivision one and paragraph (b) of subdivision four of section one hundred seventy-four of this article.

Interest received on moneys in each account in the fund shall be credited to [the fund] that account, respectively.

16. Section one hundred eighty-six of such law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, subdivision four as amended by chapter five hundred fifty-seven of the laws of nineteen hundred seventy-nine, is amended to read as follows: § 186. Disbursement of moneys from the fund. 1. (a) Moneys in the [fund] account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part shall be disbursed by the administrator, upon certification by the commissioner and the commissioner of the department of environmental conservation, for the purpose of costs incurred under section one hundred seventy-six of this article. (b) Moneys in the account established by paragraph (b) of subdivision two of section one hundred seventy-nine of this part shall, within forty-five days of the close of each license fee period, be deposited by the administrator, in the hazardous waste remedial fund created pursuant to section ninety-seven-b of the state finance law for expenditure pursuant to such section; provided, however, that the state comptroller shall cause the administrator to reimburse the commissioner for the reasonable costs of collecting the surcharge during those times when the license fee is not imposed.

2. Moneys in the [fund] account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part shall be disbursed by the administrator, upon certification by him, for the following purposes:

(a) Damages as defined in section one hundred eighty-one of this article;

(b) Such sums as may be necessary for research on the prevention and the effects of spills of petroleum on the environment and on the development of improved cleanup and removal operations as may be appropriated by the legislature; provided, however, that such sums shall not exceed the amount of interest which is credited to the [fund] account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part;

(c) Such sums as may be necessary for the boards, general administration of the fund, equipment and personnel costs of the departments of transportation and environmental conservation and any other state agency related to the enforcement of this article as may be appropriated by the legislature;

ocean

(d) Such sums as may be appropriated by the legislature for research and demonstration programs concerning the causes and abatement of pollution; provided, however, that such sums shall not exceed the amount of interest which is credited to the [fund] account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part.

3. Moneys shall be disbursed from the fund only for the purposes set forth in subdivisions one and two of this section.