S T A T E   O F   N E W   Y O R K
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                                  9631

                          I N  A S S E M B L Y

                              May 13, 2014
                               ___________

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

AN ACT to amend the environmental conservation law, in relation  to  the
  licensure of collectors of yellow grease

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
                                TITLE IX
                        YELLOW GREASE COLLECTION
SECTION 37-0901. DEFINITIONS.
        37-0902. LICENSING OF COLLECTORS OF YELLOW GREASE.
        37-0903. UNLAWFUL ACTS AND PENALTIES.
S 37-0901. DEFINITIONS.
  AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
  1. "YELLOW GREASE" MEANS ANIMAL FATS OR VEGETABLE OILS THAT HAVE  BEEN
USED,  AND  WILL  NOT  BE  REUSED,  FOR COOKING IN A FOOD ESTABLISHMENT.
"YELLOW GREASE" DOES NOT INCLUDE GREASE SEPTAGE.
  2. "COLLECTOR OF YELLOW GREASE" MEANS ANY PERSON WHO  COLLECTS  YELLOW
GREASE.
S 37-0902. LICENSING OF COLLECTORS OF YELLOW GREASE.
  1.  ANY  COLLECTOR  OF  YELLOW  GREASE SHALL SUBMIT AN APPLICATION FOR
LICENSURE TO THE COMMISSIONER NOT LESS THAN THIRTY DAYS BEFORE  CONDUCT-
ING  ANY  SUCH  COLLECTION OR TRANSPORTATION. LICENSURE SHALL BE FOR ONE
YEAR. THE APPLICATION SHALL BE SUBMITTED IN ACCORDANCE WITH A  PROCEDURE
ESTABLISHED  BY  THE  COMMISSIONER  AND  SHALL  INCLUDE, BUT NEED NOT BE
LIMITED TO, THE FOLLOWING:
  (A) THE APPLICANT'S NAME AND ADDRESS.
  (B) A DESCRIPTION OF THE OPERATIONS TO BE PERFORMED BY THE APPLICANT.
  (C) THE MAKE, MODEL, LICENSE NUMBER, AND VEHICLE IDENTIFICATION NUMBER
OF ANY VEHICLE TO BE USED FOR THE TRANSPORTATION OF YELLOW GREASE.
  (D) A NONREFUNDABLE APPLICATION FEE OF ONE HUNDRED DOLLARS.
  (E) PROOF OF PERSONAL INJURY AND PROPERTY DAMAGE  LIABILITY  INSURANCE
IN AN AMOUNT NOT LESS THAN ONE MILLION DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD10485-04-4

A. 9631                             2

  2.  THE COMMISSIONER SHALL ISSUE EACH LICENSEE A UNIQUE LICENSE NUMBER
AND A CERTIFICATE. THE  LICENSE  SHALL  BE  RENEWABLE  ANNUALLY  JANUARY
FIRST,  WHEN  ACCOMPANIED  BY A ONE HUNDRED DOLLAR LICENSING RENEWAL FEE
AND CERTIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.
  3.  EVERY  LICENSEE  SHALL  RECORD,  MAINTAIN  FOR TWO YEARS, AND MAKE
AVAILABLE FOR INSPECTION BY THE DEPARTMENT ALL OF THE FOLLOWING INFORMA-
TION:
  (A) THE NAME AND ADDRESS OF EACH LOCATION OR  PERSON  FROM  WHICH  THE
REGISTRANT OBTAINED THE YELLOW GREASE FOR TRANSPORTATION.
  (B) THE QUANTITY OF MATERIAL RECEIVED FROM EACH LOCATION OR PERSON.
  (C)  THE  DATE  ON  WHICH  THE  YELLOW  GREASE  WAS OBTAINED FROM EACH
LOCATION OR PERSON.
  (D) THE YELLOW GREASE OPERATION  OR  OTHER  PROCESSOR  SHALL  MAINTAIN
RECORDS  INDICATING  THE  NAME  AND ADDRESS OF EACH LOCATION TO WHOM THE
YELLOW GREASE WAS DELIVERED.
  4. EVERY LICENSEE WHO SELLS THE YELLOW GREASE COLLECTED SHALL  PROVIDE
THE  PURCHASER  WITH  A  STATEMENT OF OWNERSHIP SETTING FORTH THE LAWFUL
OWNERSHIP OF THE YELLOW GREASE SOLD TO SUCH PURCHASER.
  5. NO PERSON REQUIRED TO BE LICENSED UNDER THIS TITLE SHALL COLLECT OR
TRANSPORT YELLOW GREASE WITHOUT ALL OF THE FOLLOWING:
  (A) HAVING IN HIS OR HER POSSESSION A COPY OF THE LICENSE REQUIRED  BY
THIS  TITLE  OR  OTHER  PROOF  THAT THE PERSON IS IN COMPLIANCE WITH THE
LICENSURE REQUIREMENT OF THIS TITLE.
  (B) CONSPICUOUSLY DISPLAYING  THE  LICENSEE'S  NAME  AND  THE  LICENSE
NUMBER  IN  LETTERS  NOT LESS THAN THREE INCHES HIGH ON ANY VEHICLE USED
FOR THE TRANSPORTATION OF YELLOW GREASE.
  (C) PROVIDING THE PURCHASER WITH  A  STATEMENT  OF  OWNERSHIP  SETTING
FORTH THE LAWFUL OWNERSHIP OF THE YELLOW GREASE SOLD TO SUCH PURCHASER.
S 37-0903. UNLAWFUL ACTS AND PENALTIES.
  1. IT SHALL BE A VIOLATION OF THIS TITLE TO DO ANY OF THE FOLLOWING:
  (A)  SELL  OR OFFER FOR SALE TO ANY PERSON UNLICENSED UNDER THIS TITLE
ANY YELLOW GREASE, KNOWING SUCH UNLICENSED PERSON WOULD  TRANSPORT  SUCH
YELLOW GREASE IN VIOLATION OF THIS TITLE.
  (B)  STEAL,  MISAPPROPRIATE,  INTENTIONALLY CONTAMINATE, OR DAMAGE ANY
YELLOW GREASE CONTAINER, PART THEREOF, OR GREASE THEREIN.
  (C) TAKE OR POSSESS  YELLOW  GREASE  FROM  A  COLLECTOR  THAT  IS  NOT
LICENSED  UNDER  THIS TITLE UNLESS OTHERWISE ALLOWED UNDER THIS CHAPTER,
OR KNOWINGLY TAKE POSSESSION OF YELLOW GREASE THAT HAS BEEN STOLEN.
  (D) TAKE AND CARRY AWAY, OR AID IN TAKING OR CARRYING AWAY, ANY YELLOW
GREASE CONTAINER OR THE YELLOW GREASE CONTAINED THEREIN, WHICH CONTAINER
BEARS A NOTICE THAT UNAUTHORIZED REMOVAL IS PROHIBITED  WITHOUT  WRITTEN
CONSENT OF THE OWNER OF THE CONTAINER.
  (E)  PLACE  A  LABEL  ON  A YELLOW GREASE CONTAINER KNOWING THAT IT IS
OWNED BY ANOTHER PERSON IN ORDER TO CLAIM OWNERSHIP OF THE CONTAINER.
  2. THIS SECTION SHALL NOT APPLY TO A FARMER WHO COLLECTS YELLOW GREASE
FOR A USE THAT IS RELATED TO HIS OR HER FARM.
  3. A CONTAINER IN WHICH YELLOW GREASE IS DEPOSITED THAT BEARS  A  NAME
ON  THE  CONTAINER  SHALL BE PRESUMED TO BE OWNED BY THE PERSON NAMED ON
THE CONTAINER.
  4. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
PENALIZED AS FOLLOWS:
  (A)  IF THE VALUE OF THE YELLOW GREASE CONTAINER, OR THE CONTAINER AND
THE YELLOW GREASE CONTAINED THEREIN, IS ONE THOUSAND DOLLARS OR LESS, IT
SHALL BE A CLASS A MISDEMEANOR.

A. 9631                             3

  (B) IF THE VALUE OF THE YELLOW GREASE CONTAINER, OR THE CONTAINER  AND
THE  YELLOW GREASE CONTAINED THEREIN, IS MORE THAN ONE THOUSAND DOLLARS,
IT SHALL BE A CLASS E FELONY.
  (C) A VIOLATION OF THIS SECTION SHALL BE A CLASS E FELONY WHEN COMMIT-
TED  BY  A  PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF ANY VIOLATION OF
THIS SECTION IN THE PRECEDING FIVE YEARS.
  S 2. This act shall take effect January 1, 2015  and  shall  apply  to
offenses committed on or after such effective date.