STATE OF NEW YORK
________________________________________________________________________
11261
IN ASSEMBLY
July 25, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rozic) --
read once and referred to the Committee 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 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
25 imposed by the office of administrative trials and hearings of such city
26 shall be paid into the general fund of such city.
27 § 3. Section 27-1811 of the environmental conservation law, as added
28 by chapter 562 of the laws of 2010, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02839-03-8
A. 11261 2
1 § 27-1811. State preemption.
2 Jurisdiction in all matters pertaining to rechargeable battery recycl-
3 ing is, by this title, vested exclusively in the state. Any provision of
4 any local law or ordinance, or any rule or regulation promulgated there-
5 to, governing rechargeable battery recycling shall, upon the effective
6 date of section 27-1805 of this title, be preempted; provided, however,
7 that nothing in this section shall preclude a person from coordinating,
8 for recycling or reuse, the collection of rechargeable batteries and
9 provided, further, however, that nothing in this section shall preclude
10 the enforcement of this title pursuant to subdivision five of section
11 27-1809 of this title.
12 § 4. This act shall take effect immediately.
