S T A T E O F N E W Y O R K ________________________________________________________________________ 4922 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. THOMPSON -- 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 drug management and collection programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Title 27 and sections 27-2701 and 27-2703 of article 27 of 2 the environmental conservation law, as added by chapter 625 of the laws 3 of 2008, are renumbered title 29 and sections 27-2901 and 27-2903. 4 S 2. The environmental conservation law is amended by adding three new 5 sections 27-2905, 27-2907 and 27-2909 to read as follows: 6 S 27-2905. DRUG MANAGEMENT. 7 NO PERSON SHALL DISPOSE OF ANY DRUG AS MIXED SOLID WASTE IN A LAND- 8 FILL. DRUGS SHALL ONLY BE DISPOSED OF AT A DRUG COLLECTION PROGRAM 9 ESTABLISHED PURSUANT TO SECTION 27-2907 OF THIS TITLE. 10 S 27-2907. DRUG COLLECTION PROGRAMS. 11 1. EVERY MANUFACTURER SHALL ESTABLISH AND CONDUCT A COLLECTION PROGRAM 12 FOR UNUSED AND EXPIRED DRUGS. EACH MANUFACTURER SHALL BE RESPONSIBLE FOR 13 ALL COSTS AND THE SECURITY OF ITS DRUG PROGRAM. EVERY MANUFACTURER SHALL 14 ANNUALLY CONDUCT NOT LESS THAN ONE DRUG COLLECTION EVENT IN EACH COUNTY 15 OF THE STATE. 16 2. ANY MANUFACTURER MAY CONTRACT WITH A SUITABLE PUBLIC OR PRIVATE 17 THIRD PARTY TO ESTABLISH AND CONDUCT ITS DRUG COLLECTION PROGRAM. EVERY 18 MANUFACTURER WHO ENTERS INTO A CONTRACT PURSUANT TO THIS SUBDIVISION 19 SHALL FULLY REIMBURSE SUCH THIRD PARTY FOR ALL COSTS OF IMPLEMENTING THE 20 DRUG COLLECTION PROGRAM. 21 3. EVERY CONSUMER SHALL RETURN HIS OR HER DRUGS TO A DRUG COLLECTION 22 PROGRAM. NO SUCH PROGRAM SHALL IMPOSE A FEE UPON ANY CONSUMER FOR THE 23 RETURN OF ANY DRUG. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10440-02-9 S. 4922 2 1 4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO 2 THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND 3 REGULATIONS PROMULGATED BY THE DEPARTMENT. 4 5. EACH MANUFACTURER, SHALL ON A BIANNUAL BASIS, SUBMIT A REPORT TO 5 THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING INFORMATION ON 6 THE TYPES AND AMOUNT OF DRUGS COLLECTED. 7 S 27-2909. REGULATIONS. 8 THE DEPARTMENT SHALL PROMULGATE AND ENFORCE ANY REGULATIONS NECESSARY 9 TO IMPLEMENT THE PROVISIONS OF THIS TITLE. 10 S 3. This act shall take effect immediately, except that sections 11 27-2905 and 27-2907 of the environmental conservation law, as added by 12 section two of this act, shall take effect on the one hundred eightieth 13 day after this act shall have become a law.