Bill Text: NY S05553 | 2017-2018 | General Assembly | Amended


Bill Title: Provides for the payment of compensation by the department of environmental conservation to electronic waste collection sites, consolidation facilities and recycling facilities for costs not paid by a manufacturer or manufacturers of electronic equipment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-26 - PRINT NUMBER 5553A [S05553 Detail]

Download: New_York-2017-S05553-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5553--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 11, 2017
                                       ___________
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN ACT to amend the environmental conservation law and the state finance
          law, in relation to manufacturer liability for the cost of collection,
          handling,  and  recycling  and  reuse of electronic waste, and compen-
          sation by the state to  electronic  waste  collection  sites,  consol-
          idation  facilities  and recycling facilities for those costs not paid
          by a manufacturer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The opening paragraph of subdivision 8 of section 27-2605
     2  of the environmental conservation law is designated paragraph (a) and  a
     3  new paragraph (b) is added to read as follows:
     4    (b)  Any  electronic  waste  collection site, electronic waste consol-
     5  idation facility, electronic waste recycling facility  or  county  which
     6  collects,  handles,  and/or recycles or reuses any item of covered elec-
     7  tronic equipment may submit an application to the commissioner, in  such
     8  form  and  containing  such information as the commissioner may require,
     9  for state assistance payments toward the cost of  collecting,  handling,
    10  and/or recycling or reuse of covered electronic equipment incurred with-
    11  in  the  state when such covered electronic equipment was not collected,
    12  handled and/or recycled or reused pursuant to section  27-2603  of  this
    13  title.  The commissioner shall review such application and shall approve
    14  such application for the actual cost  of  collecting,  handling,  and/or
    15  recycling  or  reuse of covered electronic equipment incurred within the
    16  state.  Compensation pursuant to this paragraph  shall  be  paid  within
    17  thirty  days  of  receipt  of  an  application therefor submitted to the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10993-02-8

        S. 5553--A                          2
     1  department, in such form and having such content as shall be  determined
     2  by the commissioner in rules and regulations.
     3    §  2.  Paragraph  (b)  of  subdivision  6 of section 92-s of the state
     4  finance law, as amended by section 3 of part U of chapter 58 of the laws
     5  of 2016, is amended to read as follows:
     6    (b) Moneys from the solid waste account shall be  available,  pursuant
     7  to appropriation and upon certificate of approval of availability by the
     8  director of the budget, for any non-hazardous municipal landfill closure
     9  project;  municipal  waste reduction or recycling project, as defined in
    10  article fifty-four  of  the  environmental  conservation  law;  for  the
    11  purposes  of  section  two  hundred  sixty-one  and  section two hundred
    12  sixty-four of the economic development law; any project for the develop-
    13  ment, updating or revision of local solid waste management plans  pursu-
    14  ant  to  sections  27-0107 and 27-0109 of the environmental conservation
    15  law; environmental justice projects and grants [and]; for  the  develop-
    16  ment  of  the pesticide sales and use data base pursuant to title twelve
    17  of article thirty-three of the environmental conservation law;  and  for
    18  the  payment  of the costs of the collection, handling, and/or recycling
    19  and reuse of electronic waste pursuant to paragraph (b)  of  subdivision
    20  eight of section 27-2605 of the environmental conservation law.
    21    §  3. Subdivision 8 of section 92-s of the state finance law, as added
    22  by chapter 610 of the laws of 1993, is amended to read as follows:
    23    8. All payments of moneys from the fund shall be made on the audit and
    24  warrant of the comptroller;  provided,  however,  that  the  comptroller
    25  shall, during each quarter, allocate moneys from the solid waste account
    26  to  the  department  of  environmental  conservation  for the payment of
    27  claims for compensation anticipated to be submitted, pursuant  to  para-
    28  graph  (b)  of subdivision eight of section 27-2605 of the environmental
    29  conservation law, during such quarter.
    30    § 4. This act shall take effect on the first of January next  succeed-
    31  ing  the  date  on  which it shall have become a law, and shall apply to
    32  electronic waste collected, handled, and/or recycled and  reused  on  or
    33  after  January  1,  2018; provided, however, that effective immediately,
    34  the addition, amendment and/or repeal of any rule or  regulation  neces-
    35  sary  for  the  implementation  of  this  act  on its effective date are
    36  authorized and directed to be made  and  completed  on  or  before  such
    37  effective date.
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