Add Art 27 Title 28 SS27-2801 - 27-2805, S71-2730, En Con L
Establishes special provisions for recycling of ionization smoke detectors and requires manufacturers to create a waste acceptance program for ionization smoke detectors.
STATE OF NEW YORK
________________________________________________________________________
6574
IN SENATE
February 29, 2012
___________
Introduced by Sen. FARLEY -- 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 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 § 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.
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,
24 transactions conducted through retail sales outlets, mail, catalogs, the
25 telephone or the internet, or any electronic means.
26 5. "Sell" or "sale" means any transfer for consideration of title or
27 the right to use, from a manufacturer or retailer to a person, includ-
28 ing, but not limited to, transactions conducted through retail sales
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07315-04-2
S. 6574 2
1 outlets, catalogs, mail, the telephone, the internet, or any electronic
2 means, but does not include consumer-to-consumer second-hand transfer.
3 "Sell or sale" also does not include: (a) the lease of ionization smoke
4 detectors; or (b) wholesale transactions among manufacturers, whole-
5 salers and retailers.
6 § 27-2803. Special provisions for recycling of ionization smoke detec-
7 tors.
8 1. Beginning July first, two thousand thirteen a manufacturer of ioni-
9 zation smoke detectors shall not sell or offer for sale any ionization
10 smoke detector intended for use by individual households, offices or
11 commercial establishments unless the manufacturer has registered with
12 the department and maintains a waste acceptance program consistent with
13 the provisions of section 27-2805 of this title providing for the
14 collection, handling and recycling or reuse of such detector.
15 2. A manufacturer shall submit a registration on a form prescribed by
16 the department by January first, two thousand thirteen, along with a
17 registration fee of one thousand dollars. The registration shall
18 include:
19 (a) the manufacturer's name, address, and telephone number;
20 (b) the name and title of an officer, director, or other individual
21 designated as the manufacturer's contact for purposes of this title;
22 (c) the license number of the specific licensee authorized to initial-
23 ly transfer detectors for use by exempt persons;
24 (d) a list identifying the manufacturer's brands;
25 (e) specific information on the manner in which the manufacturer will
26 comply with section 27-2805 of this title; and
27 (e) any other information that the department may require.
28 3. A manufacturer's registration is effective upon acceptance by the
29 department and must be updated within thirty days of any material change
30 in the information required by subdivision two of this section.
31 4. Any person who becomes a manufacturer of ionization smoke detectors
32 on or after January first, two thousand thirteen shall register with the
33 department prior to selling or offering for sale such products in the
34 state, and must comply with the requirements of this title.
35 5. A manufacturer shall report such information as the department
36 shall from time to time require.
37 6. The department is authorized to promulgate rules and regulations
38 necessary to implement and administer this title.
39 7. All fees and charges collected pursuant to this title shall be
40 deposited into the environmental protection fund established pursuant to
41 section ninety-two-s of the state finance law.
42 § 27-2805. Waste acceptance program for ionization smoke detectors.
43 1. A waste acceptance program shall be subject to the department's
44 approval and shall at a minimum include (a) a mail or ship back return
45 program; (b) a public education program to inform consumers about the
46 waste acceptance program, including but not limited to an internet
47 website, a toll-free telephone number and written information included
48 in the product manual for, or at the time of sale of, the ionization
49 smoke detector that informs the consumer of the environmental benefits
50 of recycling radioactive material, batteries and other components of the
51 detector and how to return or otherwise arrange for recycling of the
52 detector, including instructions on safe handling and preparation of the
53 detector for recycling; and (c) any additional provisions determined by
54 the department to contribute to ensuring convenient collection from
55 consumers and effectiveness of the waste acceptance program. Nothing in
56 this section shall preclude the operation, with the approval of the
S. 6574 3
1 department, of cooperative or collective waste acceptance programs by
2 more than one manufacturer.
3 2. A manufacturer shall be responsible for all costs associated with
4 the implementation of the waste acceptance program. The manufacturer
5 shall not charge consumers for the collection, handling and recycling of
6 used or unwanted ionization smoke detectors, provided that such prohibi-
7 tion shall not apply to a charge on business consumers. For purposes of
8 this subdivision, "business consumer" means a for-profit entity which
9 has fifty or more full time employees or a not-for-profit corporation
10 with seventy-five or more full time employees, but not a not-for-profit
11 corporation designated under section 501(c)(3) of the internal revenue
12 code.
13 § 2. The environmental conservation law is amended by adding a new
14 section 71-2730 to read as follows:
15 § 71-2730. Enforcement of title 28 of article 27 of this chapter.
16 1. Any manufacturer who:
17 a. fails to submit any report, registration or fee to the department
18 as required by title twenty-eight of article twenty-seven of this chap-
19 ter shall be liable for a civil penalty not to exceed two hundred
20 dollars for each day such report, registration or fee is not submitted;
21 and
22 b. violates any other provision of title twenty-eight of article twen-
23 ty-seven of this chapter or fails to perform any duty imposed by such
24 title shall be liable for a civil penalty for each violation not to
25 exceed five hundred dollars for the first violation, one thousand
26 dollars for the second violation and five thousand dollars for the third
27 and subsequent violations of this title within a twelve-month period.
28 2. Civil penalties under this section shall be assessed by the commis-
29 sioner after a hearing or opportunity to be heard pursuant to the
30 provisions of section 71-1709 of this article, or by the court in any
31 action or proceeding pursuant to this section, and, in addition thereto,
32 such person may by similar process be enjoined from continuing such
33 violation.
34 3. All penalties collected pursuant to this section shall be paid over
35 to the commissioner for deposit to the environmental protection fund
36 established pursuant to section ninety-two-s of the state finance law.
37 § 3. This act shall take effect immediately.
