Assembly Bill A1235

2009-2010 Legislative Session

Relates to the restriction on sale of automotive refinish material

download bill text pdf

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Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1235 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §309, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A5630

2009-A1235 (ACTIVE) - Summary

Provides that no seller, supplier or distributor of automotive refinish material shall sell or offer for sale to any prospective purchaser any automotive refinish material which is labeled for professional use only and which contains material which results in the generation of hazardous waste unless such purchaser demonstrates and meets all local ordinances for the use and application of such materials, possesses a valid NYS tax i.d. number, a federal EPA number and is, or is acting on behalf of, a registered repair shop as defined by article 12-A of the vehicle and traffic law.

2009-A1235 (ACTIVE) - Bill Text download pdf 

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

                                  1235

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to restricting the
  sale of automotive refinish material

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

  Section 1. The general business law is amended by adding a new section
309 to read as follows:
  S 309. SALE OF AUTOMOTIVE REFINISH MATERIAL. 1. NO SELLER, SUPPLIER OR
DISTRIBUTOR OF AUTOMOTIVE REFINISH MATERIAL SHALL SELL OR OFFER FOR SALE
TO  ANY  PROSPECTIVE PURCHASER ANY AUTOMOTIVE REFINISH MATERIAL WHICH IS
LABELED FOR PROFESSIONAL USE ONLY AND WHICH CONTAINS MATERIAL,  THE  USE
OF  WHICH  RESULTS  IN  THE  GENERATION OF HAZARDOUS WASTE AS DEFINED IN
APPLICABLE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  REGULATIONS  UNLESS
SUCH  PROSPECTIVE  PURCHASER  DEMONSTRATES THAT SUCH PURCHASER MEETS ALL
LOCAL ORDINANCES FOR THE APPLICATION  OF  SUCH  MATERIALS,  POSSESSES  A
VALID  NEW YORK STATE TAX IDENTIFICATION NUMBER, A FEDERAL ENVIRONMENTAL
PROTECTION AGENCY NUMBER OR PROOF OF EXEMPTION FROM SAME AND  IS  OR  IS
ACTING  ON  BEHALF  OF  A REGISTERED REPAIR SHOP AS SET FORTH IN ARTICLE
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW.
  2. ANY PERSON WHO IS FOUND, AFTER NOTICE AND HEARING, TO HAVE VIOLATED
THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT
TO EXCEED ONE THOUSAND DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01835-01-9

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