senate Bill S5184

Amended

Relates to the licensure of collectors of yellow grease

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 24 / Jan / 2014
    • PRINT NUMBER 5184A

Summary

Relates to the licensure of collectors of waste kitchen grease and sets forth penalties for certain unlawful acts related to the collection or contamination of waste kitchen grease.

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Bill Details

Versions:
S5184
S5184A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0903, En Con L

Sponsor Memo

BILL NUMBER:S5184

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the licensure of collectors of yellow grease

PURPOSE:

This bill relates to the licensure of collector of yellow grease.

SUMMARY OF PROVISIONS:

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

§ 3709-01. 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. § 3709-02. Licensing of collectors of yellow grease.

1. Any person who wishes to be a collector of yellow grease shall
submit an application for licensure to the commissioner not less than
thirty days before any such collection or transportation. Licensure
shall be for 1 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) The description of the operation 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.

2. The commissioner shall issue a unique license number and a
certificate that is renewable on January of each year at a cost of
100.00.


3. Every licensee shall record, maintain for two years, and make
available for inspection by the department all of the following
information.

(a) The name and address of all locations or persons who he/she
obtained yellow grease from.

(b) The quantity of yellow grease obtained 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 also keep
records to which the yellow grease was delivered.

4. Every licensee who sells the yellow grease collected shall provide
the purchaser with a statement of ownership to indicate legal
ownership of yellow grease given to purchaser

5. No person required to be licensed under this title shall collect or
transport yellow grease without 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
licensing requirement of this title.

(b) The licensee's name and license number must be displayed
conspicuously on any vehicle used to transport yellow grease.

(c) Providing the purchaser of yellow grease with a certificate of
ownership.

37-0903. Unlawful acts and penalties.

1. It shall be a violation of this title to do any of the following:

(a) Sell of offer for sale to any person unlicensed under this title
yellow grease.

(b) Steal, misappropriate, intentionally contaminate, or damage any
yellow grease container, part thereof, or grease therein.

(c) Take or posses yellow grease from a collector that is not licensed
under this title unless otherwise allowed by this chapter or 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 yellow grease that is 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 container knowing it is owned by another person
in order to claim ownership.

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. If a name is on the yellow grease container then, said name will be
presumed to be the owner.

4. Any person found to be violating any of the above subdivision will
be penalized as follows:

(a) If the value of the grease, container or combination of both is
determined to be less than $1,000.00, it shall be a class a
misdemeanor.

(b) If the value of the grease, container or combination of both is
determined to be more than $1,000.00, it shall be a class E felony

(c) A violation of this section shall be a class E felony when
committed by a person who previously been convicted of any violation
of this section in the preceding five years.

2. This act shall take effect January 1, 2014 and shall apply to
offenses committed on or after such effective date

EXISTING LAW:

There is no existing law that deals in "Yellow Grease"

JUSTIFICATION:

Yellow Grease is becoming a valuable commodity as technology changes
and we find new ways to use it. Everyday new companies are emerging
and developing new ways to use yellow grease. One such use is the
making of bio-fuel. Unfortunately, a criminal element has also
emerged. That element is finding its way into the stealing and
transporting of Yellow Grease. Those criminals are stealing "Yellow
Grease" and are also looking for ways to sell it. Especially to those
who would purchase it illegally. This bill was written to specifically
address this issue. Putting in place these regulations will make it
much more difficult for any person to purchase, sell or transport
"Yellow Grease". This is an important new technology and I would ask
all my colleagues to support this important legislation.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect January 1, 2014 and shall apply to offenses
committed on or after such effective date.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5184

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10485-02-3

S. 5184                             2

  (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.
  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:

S. 5184                             3

  (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.
  (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, 2014  and  shall  apply  to
offenses committed on or after such effective date.

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