A05851 Summary:

Amd SS27-1807, 27-1809 & 27-1811, En Con L
Relates to rechargeable battery recycling; allows a city with a population of one million or more to enforce through its own agencies.
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A05851 Actions:

03/05/2015referred to environmental conservation
01/06/2016referred to environmental conservation
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A05851 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      March 5, 2015
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee on Environmental Conservation
        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  environmental  control
    21  board  of  such  city.  Such  environmental control board shall have the
    22  power to impose the civil penalties set forth in subdivisions  one,  two
    23  and  three  of  this  section.  All  civil  penalties  collected for any
    24  violation of this title that have  been  imposed  by  the  environmental
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5851                             2
     1  control  board  of such city shall be paid into the general fund of such
     2  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.
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