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AB2740 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2015
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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 31 to read as follows:
     3                                  TITLE 31
     5  Section 27-3101. Definitions.
     6          27-3103. Special  provisions  for  recycling of ionization smoke
     7                     detectors.
     8          27-3105. Waste acceptance program for  ionization  smoke  detec-
     9                     tors.
    10  § 27-3101. 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2740                             2
     1    5.  "Sell"  or "sale" means any transfer for consideration of title or
     2  the right to use, from a manufacturer or retailer to a  person,  includ-
     3  ing,  but  not  limited  to, transactions conducted through retail sales
     4  outlets, catalogs, mail, the telephone, the internet, or any  electronic
     5  means,  but  does not include consumer-to-consumer second-hand transfer.
     6  "Sell or sale" also does not include: (a) the lease of ionization  smoke
     7  detectors;  or  (b)  wholesale  transactions among manufacturers, whole-
     8  salers and retailers.
     9  § 27-3103. Special provisions for recycling of ionization  smoke  detec-
    10               tors.
    11    1.  On  and  after  July first, two thousand sixteen a manufacturer of
    12  ionization smoke detectors shall not sell or offer for sale any  ioniza-
    13  tion  smoke  detector intended for use by individual households, offices
    14  or commercial establishments unless the manufacturer has registered with
    15  the department and maintains a waste acceptance program consistent  with
    16  the  provisions  of  section  27-3105  of  this  title providing for the
    17  collection, handling and recycling or reuse of such detector.
    18    2. A manufacturer shall submit a registration on a form prescribed  by
    19  the  department  by  January  first,  two thousand sixteen, along with a
    20  registration fee of  one  thousand  dollars.    The  registration  shall
    21  include:
    22    (a) the manufacturer's name, address, and telephone number;
    23    (b)  the  name  and title of an officer, director, or other individual
    24  designated as the manufacturer's contact for purposes of this title;
    25    (c) the license number of the specific licensee authorized to initial-
    26  ly transfer detectors for use by exempt persons;
    27    (d) a list identifying the manufacturer's brands;
    28    (e) specific information on the manner in which the manufacturer  will
    29  comply with section 27-3105 of this title; and
    30    (f) any other information that the department may require.
    31    3.  A  manufacturer's registration is effective upon acceptance by the
    32  department and must be updated within thirty days of any material change
    33  in the information required by subdivision two of this section.
    34    4. Any person who becomes a manufacturer of ionization smoke detectors
    35  on or after January first, two thousand sixteen shall register with  the
    36  department  prior  to  selling or offering for sale such products in the
    37  state, and must comply with the requirements of this title.
    38    5. A manufacturer shall report  such  information  as  the  department
    39  shall from time to time require.
    40    6.  The  department  is authorized to promulgate rules and regulations
    41  necessary to implement and administer this title.
    42    7. All fees and charges collected pursuant  to  this  title  shall  be
    43  deposited into the environmental protection fund established pursuant to
    44  section ninety-two-s of the state finance law.
    45  § 27-3105. Waste acceptance program for ionization smoke detectors.
    46    1.  A  waste  acceptance  program shall be subject to the department's
    47  approval and shall at a minimum include (a) a mail or ship  back  return
    48  program;  (b)  a  public education program to inform consumers about the
    49  waste acceptance program, including  but  not  limited  to  an  internet
    50  website,  a  toll-free telephone number and written information included
    51  in the product manual for, or at the time of  sale  of,  the  ionization
    52  smoke  detector  that informs the consumer of the environmental benefits
    53  of recycling radioactive material, batteries and other components of the
    54  detector and how to return or otherwise arrange  for  recycling  of  the
    55  detector, including instructions on safe handling and preparation of the
    56  detector  for recycling; and (c) any additional provisions determined by

        A. 2740                             3
     1  the department to contribute  to  ensuring  convenient  collection  from
     2  consumers  and effectiveness of the waste acceptance program. Nothing in
     3  this section shall preclude the operation,  with  the  approval  of  the
     4  department,  of  cooperative  or collective waste acceptance programs by
     5  more than one manufacturer.
     6    2. A manufacturer shall be responsible for all costs  associated  with
     7  the  implementation  of  the  waste acceptance program. The manufacturer
     8  shall not charge consumers for the collection, handling and recycling of
     9  used or unwanted ionization smoke detectors, provided that such prohibi-
    10  tion shall not apply to a charge on business consumers. For purposes  of
    11  this  subdivision,  "business  consumer" means a for-profit entity which
    12  has fifty or more full time employees or  a  not-for-profit  corporation
    13  with  seventy-five or more full time employees, but not a not-for-profit
    14  corporation designated under section 501(c)(3) of the  internal  revenue
    15  code.
    16    §  2.  The  environmental  conservation law is amended by adding a new
    17  section 71-2730 to read as follows:
    18  § 71-2730. Enforcement of title 31 of article 27 of this chapter.
    19    1. Any manufacturer who:
    20    a. fails to submit any report, registration or fee to  the  department
    21  as  required by title thirty-one of article twenty-seven of this chapter
    22  shall be liable for a civil penalty not to exceed  two  hundred  dollars
    23  for each day such report, registration or fee is not submitted; and
    24    b.  violates  any other provision of title thirty-one of article twen-
    25  ty-seven of this chapter or fails to perform any duty  imposed  by  such
    26  title  shall  be  liable  for  a civil penalty for each violation not to
    27  exceed five hundred  dollars  for  the  first  violation,  one  thousand
    28  dollars for the second violation and five thousand dollars for the third
    29  and subsequent violations of this title within a twelve-month period.
    30    2. Civil penalties under this section shall be assessed by the commis-
    31  sioner  after  a  hearing  or  opportunity  to  be heard pursuant to the
    32  provisions of section 71-1709 of this article, or by the  court  in  any
    33  action or proceeding pursuant to this section, and, in addition thereto,
    34  such  person  may  by  similar  process be enjoined from continuing such
    35  violation.
    36    3. All penalties collected pursuant to this section shall be paid over
    37  to the commissioner for deposit to  the  environmental  protection  fund
    38  established pursuant to section ninety-two-s of the state finance law.
    39    § 3. This act shall take effect immediately.
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