S T A T E O F N E W Y O R K
________________________________________________________________________
1898
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
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Introduced by M. of A. MORELLE, COLTON, KOON -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to establishing a
used printer cartridge collection program and providing for the repeal
of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds that
New York state's remanufacturing industry, which is composed of a wide
array of businesses, many of which are small businesses, is a vital
sector of the economy, employing thousands of people while diverting
thousands of tons of waste from entering our landfills. The legislature
further finds that the state procurement process already encourages the
purchasing of products that are recycled and those that can be supplied
from our largest growth sector, small businesses. Based on these two
precedents and the fact that remanufactured products are the highest
form of recycling, the legislature finds and declares that the state
should actively seek to purchase remanufactured toner cartridges.
S 2. Paragraph b of subdivision 3 of section 165 of the state finance
law is amended by adding a new subparagraph (iii) to read as follows:
(III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH, THE COMMISSIONER SHALL COMMENCE A USED PRINTER CARTRIDGE
COLLECTION DEMONSTRATION PROGRAM, WHEREBY ANY STATE EMPLOYEE USING A
PRINTER, MACHINE OR OTHER COMMODITY CONTAINING A TONER OR INK JET PRINT-
ER CARTRIDGE WILL FACILITATE THE RECAPTURE OF SUCH TONER OR INK JET
PRINTER CARTRIDGE DURING SERVICE AND REPAIR OR DISPOSAL OF SUCH ITEM.
NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED TO INTERFERE WITH EXIST-
ING REMANUFACTURING OR RECYCLING PROGRAMS OR AGREEMENTS ALREADY IN PLACE
BETWEEN ANY STATE AGENCIES, ORIGINAL EQUIPMENT MANUFACTURERS, CARTRIDGE
REMANUFACTURERS, OR ANY QUALIFIED NON-PROFIT AGENCIES FOR THE BLIND AND
SEVERELY DISABLED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04910-01-9
A. 1898 2
S 3. Subdivision 3 of section 163 of the state finance law is amended
by adding a new paragraph e to read as follows:
E. THE COMMISSIONER SHALL WORK IN CONJUNCTION WITH PRINTER CARTRIDGE
REMANUFACTURERS AND ORIGINAL EQUIPMENT MANUFACTURERS TO ESTABLISH A
DEMONSTRATION RECOVERY PROGRAM WHEREBY REMANUFACTURERS MAY PURCHASE THE
COLLECTED USED TONER CARTRIDGES FOR THE PURPOSE OF REMANUFACTURING THEM.
THE COMMISSIONER SHALL PERMIT AND PRESCRIBE BY RULE AND REGULATION THE
CONDITIONS AND CRITERIA FOR ANY QUALIFIED REMANUFACTURER APPROVED BY THE
COMMISSIONER TO MAKE PURCHASES USING CENTRALIZED CONTRACTS FOR TONER
CARTRIDGES FOR THE PURPOSES OF BEING REMANUFACTURED. NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO INTERFERE WITH EXISTING REMANUFACTURING
OR RECYCLING PROGRAMS OR AGREEMENTS ALREADY IN PLACE BETWEEN ANY STATE
AGENCIES, ORIGINAL EQUIPMENT MANUFACTURERS, CARTRIDGE REMANUFACTURERS,
OR ANY QUALIFIED NON-PROFIT AGENCIES FOR THE BLIND AND SEVERELY DISA-
BLED. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE TO ADMINISTER A
DEMONSTRATION CARTRIDGE RECOVERY PROGRAM.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed 3 years after
such effective date; provided, however, that the amendments to subdivi-
sion 3 of section 163 of the state finance law made by section three of
this act shall not affect the repeal of such section and shall be deemed
to be repealed therewith.