Bill Text: NY A04330 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes special provisions for recycling of ionization smoke detectors and requires manufacturers to create a waste acceptance program for ionization smoke detectors.

Spectrum: Partisan Bill (Democrat 23-1)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A04330 Detail]

Download: New_York-2011-A04330-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4330--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by M. of A. MAISEL, ENGLEBRIGHT, COLTON, MILLMAN, ROSENTHAL,
         LUPARDO, P. RIVERA, ROBINSON, ROBERTS,  LINARES,  DINOWITZ  --  Multi-
         Sponsored  by  --  M.  of  A.  BARRON,  BOYLAND, FINCH, GLICK, HOOPER,
         M. MILLER, NOLAN, SCHIMEL, WEISENBERG -- read once and referred to the
         Committee on Environmental Conservation -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the Committee on Environmental  Conservation  in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN ACT to amend the environmental conservation law, in relation to recy-
         cling of ionization smoke detectors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 27 of the environmental conservation law is amended
    2  by adding a new title 28 to read as follows:
    3                                  TITLE 28
    4                   RECYCLING OF IONIZATION SMOKE DETECTORS
    5  SECTION 27-2801. DEFINITIONS.
    6          27-2803. SPECIAL PROVISIONS FOR RECYCLING  OF  IONIZATION  SMOKE
    7                     DETECTORS.
    8          27-2805. WASTE  ACCEPTANCE  PROGRAM  FOR IONIZATION SMOKE DETEC-
    9                     TORS.
   10  S 27-2801. DEFINITIONS.
   11    AS USED IN THIS SECTION:
   12    1. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE  WHO  OWNS  OR  USES
   13  IONIZATION  SMOKE  DETECTORS,  BUT  DOES  NOT INCLUDE A MANUFACTURER, AN
   14  ENTITY THAT SELLS SUCH DETECTORS TO CONSUMERS AT RETAIL,  OR  AN  ENTITY
   15  INVOLVED IN A WHOLESALE TRANSACTION BETWEEN A MANUFACTURER AND RETAILER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07315-03-2
       A. 4330--B                          2
    1    2.  "IONIZATION  SMOKE  DETECTOR"  SHALL  MEAN A SMOKE DETECTING ALARM
    2  DEVICE THAT CONTAINS A RADIOACTIVE MATERIAL PURSUANT TO A  LICENSE  FROM
    3  THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
    4    3. "MANUFACTURER" MEANS A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEM-
    5  BLES IONIZATION SMOKE DETECTORS FOR SALE IN THE STATE UNDER LICENSE FROM
    6  THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
    7    4. "RETAILER" MEANS A PERSON WHO SELLS IONIZATION SMOKE DETECTORS TO A
    8  PERSON  IN  THE  STATE THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED TO,
    9  TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS, THE
   10  TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS.
   11    5. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF  TITLE  OR
   12  THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
   13  ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
   14  OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
   15  MEANS, BUT DOES NOT INCLUDE CONSUMER-TO-CONSUMER  SECOND-HAND  TRANSFER.
   16  "SELL  OR SALE" ALSO DOES NOT INCLUDE: (A) THE LEASE OF IONIZATION SMOKE
   17  DETECTORS; OR (B) WHOLESALE  TRANSACTIONS  AMONG  MANUFACTURERS,  WHOLE-
   18  SALERS AND RETAILERS.
   19  S 27-2803. SPECIAL  PROVISIONS  FOR RECYCLING OF IONIZATION SMOKE DETEC-
   20               TORS.
   21    1. BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN A MANUFACTURER OF IONI-
   22  ZATION SMOKE DETECTORS SHALL NOT SELL OR OFFER FOR SALE  ANY  IONIZATION
   23  SMOKE  DETECTOR  INTENDED  FOR  USE BY INDIVIDUAL HOUSEHOLDS, OFFICES OR
   24  COMMERCIAL ESTABLISHMENTS UNLESS THE MANUFACTURER  HAS  REGISTERED  WITH
   25  THE  DEPARTMENT AND MAINTAINS A WASTE ACCEPTANCE PROGRAM CONSISTENT WITH
   26  THE PROVISIONS OF SECTION  27-2805  OF  THIS  TITLE  PROVIDING  FOR  THE
   27  COLLECTION, HANDLING AND RECYCLING OR REUSE OF SUCH DETECTOR.
   28    2.  A MANUFACTURER SHALL SUBMIT A REGISTRATION ON A FORM PRESCRIBED BY
   29  THE DEPARTMENT BY JANUARY FIRST, TWO THOUSAND  THIRTEEN,  ALONG  WITH  A
   30  REGISTRATION  FEE  OF  ONE  THOUSAND  DOLLARS.    THE REGISTRATION SHALL
   31  INCLUDE:
   32    (A) THE MANUFACTURER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
   33    (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR,  OR  OTHER  INDIVIDUAL
   34  DESIGNATED AS THE MANUFACTURER'S CONTACT FOR PURPOSES OF THIS TITLE;
   35    (C) THE LICENSE NUMBER OF THE SPECIFIC LICENSEE AUTHORIZED TO INITIAL-
   36  LY TRANSFER DETECTORS FOR USE BY EXEMPT PERSONS;
   37    (D) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
   38    (E)  SPECIFIC INFORMATION ON THE MANNER IN WHICH THE MANUFACTURER WILL
   39  COMPLY WITH SECTION 27-2805 OF THIS TITLE; AND
   40    (E) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REQUIRE.
   41    3. A MANUFACTURER'S REGISTRATION IS EFFECTIVE UPON ACCEPTANCE  BY  THE
   42  DEPARTMENT AND MUST BE UPDATED WITHIN THIRTY DAYS OF ANY MATERIAL CHANGE
   43  IN THE INFORMATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   44    4. ANY PERSON WHO BECOMES A MANUFACTURER OF IONIZATION SMOKE DETECTORS
   45  ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN SHALL REGISTER WITH THE
   46  DEPARTMENT  PRIOR  TO  SELLING OR OFFERING FOR SALE SUCH PRODUCTS IN THE
   47  STATE, AND MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   48    5. A MANUFACTURER SHALL REPORT  SUCH  INFORMATION  AS  THE  DEPARTMENT
   49  SHALL FROM TIME TO TIME REQUIRE.
   50    6.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
   51  NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE.
   52    7. ALL FEES AND CHARGES COLLECTED PURSUANT  TO  THIS  TITLE  SHALL  BE
   53  DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
   54  SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   55  S 27-2805. WASTE ACCEPTANCE PROGRAM FOR IONIZATION SMOKE DETECTORS.
       A. 4330--B                          3
    1    1.  A  WASTE  ACCEPTANCE  PROGRAM SHALL BE SUBJECT TO THE DEPARTMENT'S
    2  APPROVAL AND SHALL AT A MINIMUM INCLUDE (A) A MAIL OR SHIP  BACK  RETURN
    3  PROGRAM;  (B)  A  PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE
    4  WASTE ACCEPTANCE PROGRAM, INCLUDING  BUT  NOT  LIMITED  TO  AN  INTERNET
    5  WEBSITE,  A  TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED
    6  IN THE PRODUCT MANUAL FOR, OR AT THE TIME OF  SALE  OF,  THE  IONIZATION
    7  SMOKE  DETECTOR  THAT INFORMS THE CONSUMER OF THE ENVIRONMENTAL BENEFITS
    8  OF RECYCLING RADIOACTIVE MATERIAL, BATTERIES AND OTHER COMPONENTS OF THE
    9  DETECTOR AND HOW TO RETURN OR OTHERWISE ARRANGE  FOR  RECYCLING  OF  THE
   10  DETECTOR, INCLUDING INSTRUCTIONS ON SAFE HANDLING AND PREPARATION OF THE
   11  DETECTOR  FOR RECYCLING; AND (C) ANY ADDITIONAL PROVISIONS DETERMINED BY
   12  THE DEPARTMENT TO CONTRIBUTE  TO  ENSURING  CONVENIENT  COLLECTION  FROM
   13  CONSUMERS  AND EFFECTIVENESS OF THE WASTE ACCEPTANCE PROGRAM. NOTHING IN
   14  THIS SECTION SHALL PRECLUDE THE OPERATION,  WITH  THE  APPROVAL  OF  THE
   15  DEPARTMENT,  OF  COOPERATIVE  OR COLLECTIVE WASTE ACCEPTANCE PROGRAMS BY
   16  MORE THAN ONE MANUFACTURER.
   17    2. A MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS  ASSOCIATED  WITH
   18  THE  IMPLEMENTATION  OF  THE  WASTE ACCEPTANCE PROGRAM. THE MANUFACTURER
   19  SHALL NOT CHARGE CONSUMERS FOR THE COLLECTION, HANDLING AND RECYCLING OF
   20  USED OR UNWANTED IONIZATION SMOKE DETECTORS, PROVIDED THAT SUCH PROHIBI-
   21  TION SHALL NOT APPLY TO A CHARGE ON BUSINESS CONSUMERS. FOR PURPOSES  OF
   22  THIS  SUBDIVISION,  "BUSINESS  CONSUMER" MEANS A FOR-PROFIT ENTITY WHICH
   23  HAS FIFTY OR MORE FULL TIME EMPLOYEES OR  A  NOT-FOR-PROFIT  CORPORATION
   24  WITH  SEVENTY-FIVE OR MORE FULL TIME EMPLOYEES, BUT NOT A NOT-FOR-PROFIT
   25  CORPORATION DESIGNATED UNDER SECTION 501(C)(3) OF THE  INTERNAL  REVENUE
   26  CODE.
   27    S  2.  The  environmental  conservation law is amended by adding a new
   28  section 71-2730 to read as follows:
   29  S 71-2730. ENFORCEMENT OF TITLE 28 OF ARTICLE 27 OF THIS CHAPTER.
   30    1. ANY MANUFACTURER WHO:
   31    A. FAILS TO SUBMIT ANY REPORT, REGISTRATION OR FEE TO  THE  DEPARTMENT
   32  AS  REQUIRED BY TITLE TWENTY-EIGHT OF ARTICLE TWENTY-SEVEN OF THIS CHAP-
   33  TER SHALL BE LIABLE FOR A  CIVIL  PENALTY  NOT  TO  EXCEED  TWO  HUNDRED
   34  DOLLARS  FOR EACH DAY SUCH REPORT, REGISTRATION OR FEE IS NOT SUBMITTED;
   35  AND
   36    B. VIOLATES ANY OTHER PROVISION OF TITLE TWENTY-EIGHT OF ARTICLE TWEN-
   37  TY-SEVEN OF THIS CHAPTER OR FAILS TO PERFORM ANY DUTY  IMPOSED  BY  SUCH
   38  TITLE  SHALL  BE  LIABLE  FOR  A CIVIL PENALTY FOR EACH VIOLATION NOT TO
   39  EXCEED FIVE HUNDRED  DOLLARS  FOR  THE  FIRST  VIOLATION,  ONE  THOUSAND
   40  DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
   41  AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
   42    2. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
   43  SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
   44  PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR BY THE  COURT  IN  ANY
   45  ACTION OR PROCEEDING PURSUANT TO THIS SECTION, AND, IN ADDITION THERETO,
   46  SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
   47  VIOLATION.
   48    3. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
   49  TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
   50  ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   51    S 3. This act shall take effect immediately.