Bill Text: NY S07142 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to rechargeable battery recycling; allows a city with a population of one million or more to enforce through its own agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-22 - PRINT NUMBER 7142A [S07142 Detail]
Download: New_York-2017-S07142-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7142--A IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to rechargeable battery recycling The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 2 of section 27-1807 of the 2 environmental conservation law, as added by chapter 562 of the laws of 3 2010, is amended to read as follows: 4 b. Submittance to the department of annual reports, on a form 5 prescribed by the department, concerning the amount of rechargeable 6 batteries received within the state and recycled either by number or by 7 weight; the costs of such efforts; and any other relevant information as 8 required by the department. Such reports shall include the weight of 9 rechargeable batteries received within a city with a population of one 10 million or more. 11 § 2. Section 27-1809 of the environmental conservation law is amended 12 by adding a new subdivision 5 to read as follows: 13 5. In addition to any enforcement of this title by the commissioner 14 pursuant to subdivision four of this section, in a city with a popu- 15 lation of one million or more, the provisions of section 27-1805 and 16 subdivision one of section 27-1807 of this title may be enforced by an 17 agency or agencies designated by the mayor of such city. Any notice of 18 violation issued by an agency designated by the mayor of such city 19 charging a violation of section 27-1805 and subdivision one of section 20 27-1807 of this title shall be returnable to the office of administra- 21 tive trials and hearings of such city. Such office of administrative 22 trials and hearings shall have the power to impose the civil penalties 23 set forth in subdivisions one, two and three of this section. All civil 24 penalties collected for any violation of this title that have been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02839-02-8S. 7142--A 2 1 imposed by the office of administrative trials and hearings of such city 2 shall be paid into the general fund of such city. 3 § 3. Section 27-1811 of the environmental conservation law, as added 4 by chapter 562 of the laws of 2010, is amended to read as follows: 5 § 27-1811. State preemption. 6 Jurisdiction in all matters pertaining to rechargeable battery recycl- 7 ing is, by this title, vested exclusively in the state. Any provision of 8 any local law or ordinance, or any rule or regulation promulgated there- 9 to, governing rechargeable battery recycling shall, upon the effective 10 date of section 27-1805 of this title, be preempted; provided, however, 11 that nothing in this section shall preclude a person from coordinating, 12 for recycling or reuse, the collection of rechargeable batteries and 13 provided, further, however, that nothing in this section shall preclude 14 the enforcement of this title pursuant to subdivision five of section 15 27-1809 of this title. 16 § 4. This act shall take effect immediately.
