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AB1767 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1767

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. MAISEL -- read once and referred to the Committee
         on Environmental Conservation

       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 29 to read as follows:
    3                                  TITLE 29
    4                   RECYCLING OF IONIZATION SMOKE DETECTORS
    5  SECTION 27-2901. DEFINITIONS.
    6          27-2903. SPECIAL PROVISIONS FOR RECYCLING  OF  IONIZATION  SMOKE
    7                     DETECTORS.
    8          27-2905. WASTE  ACCEPTANCE  PROGRAM  FOR IONIZATION SMOKE DETEC-
    9                     TORS.
   10  S 27-2901. 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.
   16    2.  "IONIZATION  SMOKE  DETECTOR"  SHALL  MEAN A SMOKE DETECTING ALARM
   17  DEVICE THAT CONTAINS A RADIOACTIVE MATERIAL PURSUANT TO A  LICENSE  FROM
   18  THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
   19    3. "MANUFACTURER" MEANS A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEM-
   20  BLES IONIZATION SMOKE DETECTORS FOR SALE IN THE STATE UNDER LICENSE FROM
   21  THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
   22    4. "RETAILER" MEANS A PERSON WHO SELLS IONIZATION SMOKE DETECTORS TO A
   23  PERSON  IN  THE  STATE THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED TO,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04356-01-3
       A. 1767                             2

    1  TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS, THE
    2  TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS.
    3    5.  "SELL"  OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
    4  THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
    5  ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
    6  OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY  ELECTRONIC
    7  MEANS,  BUT  DOES NOT INCLUDE CONSUMER-TO-CONSUMER SECOND-HAND TRANSFER.
    8  "SELL OR SALE" ALSO DOES NOT INCLUDE: (A) THE LEASE OF IONIZATION  SMOKE
    9  DETECTORS;  OR  (B)  WHOLESALE  TRANSACTIONS AMONG MANUFACTURERS, WHOLE-
   10  SALERS AND RETAILERS.
   11  S 27-2903. SPECIAL PROVISIONS FOR RECYCLING OF IONIZATION  SMOKE  DETEC-
   12               TORS.
   13    1.  ON  AND  AFTER JULY FIRST, TWO THOUSAND FOURTEEN A MANUFACTURER OF
   14  IONIZATION SMOKE DETECTORS SHALL NOT SELL OR OFFER FOR SALE ANY  IONIZA-
   15  TION  SMOKE  DETECTOR INTENDED FOR USE BY INDIVIDUAL HOUSEHOLDS, OFFICES
   16  OR COMMERCIAL ESTABLISHMENTS UNLESS THE MANUFACTURER HAS REGISTERED WITH
   17  THE DEPARTMENT AND MAINTAINS A WASTE ACCEPTANCE PROGRAM CONSISTENT  WITH
   18  THE  PROVISIONS  OF  SECTION  27-2905  OF  THIS  TITLE PROVIDING FOR THE
   19  COLLECTION, HANDLING AND RECYCLING OR REUSE OF SUCH DETECTOR.
   20    2. A MANUFACTURER SHALL SUBMIT A REGISTRATION ON A FORM PRESCRIBED  BY
   21  THE  DEPARTMENT  BY  JANUARY  FIRST, TWO THOUSAND FOURTEEN, ALONG WITH A
   22  REGISTRATION FEE OF  ONE  THOUSAND  DOLLARS.    THE  REGISTRATION  SHALL
   23  INCLUDE:
   24    (A) THE MANUFACTURER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
   25    (B)  THE  NAME  AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
   26  DESIGNATED AS THE MANUFACTURER'S CONTACT FOR PURPOSES OF THIS TITLE;
   27    (C) THE LICENSE NUMBER OF THE SPECIFIC LICENSEE AUTHORIZED TO INITIAL-
   28  LY TRANSFER DETECTORS FOR USE BY EXEMPT PERSONS;
   29    (D) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
   30    (E) SPECIFIC INFORMATION ON THE MANNER IN WHICH THE MANUFACTURER  WILL
   31  COMPLY WITH SECTION 27-2905 OF THIS TITLE; AND
   32    (F) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REQUIRE.
   33    3.  A  MANUFACTURER'S REGISTRATION IS EFFECTIVE UPON ACCEPTANCE BY THE
   34  DEPARTMENT AND MUST BE UPDATED WITHIN THIRTY DAYS OF ANY MATERIAL CHANGE
   35  IN THE INFORMATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   36    4. ANY PERSON WHO BECOMES A MANUFACTURER OF IONIZATION SMOKE DETECTORS
   37  ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN SHALL REGISTER WITH THE
   38  DEPARTMENT PRIOR TO SELLING OR OFFERING FOR SALE SUCH  PRODUCTS  IN  THE
   39  STATE, AND MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   40    5.  A  MANUFACTURER  SHALL  REPORT  SUCH INFORMATION AS THE DEPARTMENT
   41  SHALL FROM TIME TO TIME REQUIRE.
   42    6. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  RULES  AND  REGULATIONS
   43  NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE.
   44    7.  ALL  FEES  AND  CHARGES  COLLECTED PURSUANT TO THIS TITLE SHALL BE
   45  DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
   46  SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   47  S 27-2905. WASTE ACCEPTANCE PROGRAM FOR IONIZATION SMOKE DETECTORS.
   48    1. A WASTE ACCEPTANCE PROGRAM SHALL BE  SUBJECT  TO  THE  DEPARTMENT'S
   49  APPROVAL  AND  SHALL AT A MINIMUM INCLUDE (A) A MAIL OR SHIP BACK RETURN
   50  PROGRAM; (B) A PUBLIC EDUCATION PROGRAM TO INFORM  CONSUMERS  ABOUT  THE
   51  WASTE  ACCEPTANCE  PROGRAM,  INCLUDING  BUT  NOT  LIMITED TO AN INTERNET
   52  WEBSITE, A TOLL-FREE TELEPHONE NUMBER AND WRITTEN  INFORMATION  INCLUDED
   53  IN  THE  PRODUCT  MANUAL  FOR, OR AT THE TIME OF SALE OF, THE IONIZATION
   54  SMOKE DETECTOR THAT INFORMS THE CONSUMER OF THE  ENVIRONMENTAL  BENEFITS
   55  OF RECYCLING RADIOACTIVE MATERIAL, BATTERIES AND OTHER COMPONENTS OF THE
   56  DETECTOR  AND  HOW  TO  RETURN OR OTHERWISE ARRANGE FOR RECYCLING OF THE
       A. 1767                             3

    1  DETECTOR, INCLUDING INSTRUCTIONS ON SAFE HANDLING AND PREPARATION OF THE
    2  DETECTOR FOR RECYCLING; AND (C) ANY ADDITIONAL PROVISIONS DETERMINED  BY
    3  THE  DEPARTMENT  TO  CONTRIBUTE  TO  ENSURING CONVENIENT COLLECTION FROM
    4  CONSUMERS  AND EFFECTIVENESS OF THE WASTE ACCEPTANCE PROGRAM. NOTHING IN
    5  THIS SECTION SHALL PRECLUDE THE OPERATION,  WITH  THE  APPROVAL  OF  THE
    6  DEPARTMENT,  OF  COOPERATIVE  OR COLLECTIVE WASTE ACCEPTANCE PROGRAMS BY
    7  MORE THAN ONE MANUFACTURER.
    8    2. A MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS  ASSOCIATED  WITH
    9  THE  IMPLEMENTATION  OF  THE  WASTE ACCEPTANCE PROGRAM. THE MANUFACTURER
   10  SHALL NOT CHARGE CONSUMERS FOR THE COLLECTION, HANDLING AND RECYCLING OF
   11  USED OR UNWANTED IONIZATION SMOKE DETECTORS, PROVIDED THAT SUCH PROHIBI-
   12  TION SHALL NOT APPLY TO A CHARGE ON BUSINESS CONSUMERS. FOR PURPOSES  OF
   13  THIS  SUBDIVISION,  "BUSINESS  CONSUMER" MEANS A FOR-PROFIT ENTITY WHICH
   14  HAS FIFTY OR MORE FULL TIME EMPLOYEES OR  A  NOT-FOR-PROFIT  CORPORATION
   15  WITH  SEVENTY-FIVE OR MORE FULL TIME EMPLOYEES, BUT NOT A NOT-FOR-PROFIT
   16  CORPORATION DESIGNATED UNDER SECTION 501(C)(3) OF THE  INTERNAL  REVENUE
   17  CODE.
   18    S  2.  The  environmental  conservation law is amended by adding a new
   19  section 71-2730 to read as follows:
   20  S 71-2730. ENFORCEMENT OF TITLE 29 OF ARTICLE 27 OF THIS CHAPTER.
   21    1. ANY MANUFACTURER WHO:
   22    A. FAILS TO SUBMIT ANY REPORT, REGISTRATION OR FEE TO  THE  DEPARTMENT
   23  AS REQUIRED BY TITLE TWENTY-NINE OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER
   24  SHALL  BE  LIABLE  FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS
   25  FOR EACH DAY SUCH REPORT, REGISTRATION OR FEE IS NOT SUBMITTED; AND
   26    B. VIOLATES ANY OTHER PROVISION OF TITLE TWENTY-NINE OF ARTICLE  TWEN-
   27  TY-SEVEN  OF  THIS  CHAPTER OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH
   28  TITLE SHALL BE LIABLE FOR A CIVIL PENALTY  FOR  EACH  VIOLATION  NOT  TO
   29  EXCEED  FIVE  HUNDRED  DOLLARS  FOR  THE  FIRST  VIOLATION, ONE THOUSAND
   30  DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
   31  AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
   32    2. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
   33  SIONER AFTER A HEARING OR  OPPORTUNITY  TO  BE  HEARD  PURSUANT  TO  THE
   34  PROVISIONS  OF  SECTION  71-1709 OF THIS ARTICLE, OR BY THE COURT IN ANY
   35  ACTION OR PROCEEDING PURSUANT TO THIS SECTION, AND, IN ADDITION THERETO,
   36  SUCH PERSON MAY BY SIMILAR PROCESS  BE  ENJOINED  FROM  CONTINUING  SUCH
   37  VIOLATION.
   38    3. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
   39  TO  THE  COMMISSIONER  FOR  DEPOSIT TO THE ENVIRONMENTAL PROTECTION FUND
   40  ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   41    S 3. This act shall take effect immediately.
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