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

                                  2296

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. McENENY, DelMONTE -- Multi-Sponsored by -- M. of
  A.  CLARK,  COOK,  GALEF,  GLICK,   GOTTFRIED,   MAYERSOHN,   PHEFFER,
  N. RIVERA,  TOWNS, WEISENBERG -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  removal  of  sodium  azide  canisters from air bag systems of scrapped
  vehicles

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

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0113 to read as follows:
S 37-0113. REMOVAL OF SODIUM AZIDE CANISTERS.
  1. AS USED IN THIS SECTION:
  (A) "END OF LIFE VEHICLE" MEANS A VEHICLE  OR  VEHICLE  HULK  THAT  IS
SOLD, GIVEN OR OTHERWISE CONVEYED TO A SCRAP RECYCLING FACILITY OR VEHI-
CLE RECYCLING FACILITY FOR THE PURPOSE OF RECYCLING;
  (B)  "SCRAP RECYCLING FACILITY" MEANS A FIXED LOCATION WHERE MACHINERY
AND EQUIPMENT ARE UTILIZED FOR PROCESSING AND MANUFACTURING SCRAP  METAL
INTO  PREPARED  GRADES  AND WHOSE PRINCIPAL PRODUCT IS SCRAP IRON, SCRAP
STEEL OR NONFERROUS METALLIC SCRAP FOR SALE OR REMELTING PURPOSES; AND
  (C) "VEHICLE RECYCLING FACILITY" MEANS A FACILITY ENGAGED IN THE BUSI-
NESS OF ACQUIRING, DISMANTLING OR DESTROYING SIX OR  MORE  END  OF  LIFE
VEHICLES  IN  A CALENDAR YEAR FOR THE PRIMARY PURPOSE OF RESALE OF THEIR
PARTS.
  2. (A) THE OWNER OR OPERATOR OF A SCRAP RECYCLING FACILITY OR A  VEHI-
CLE  RECYCLING  FACILITY  SHALL REMOVE THE SODIUM AZIDE CANISTERS PLACED
INSIDE THE SUPPLEMENTAL RESTRAINT SYSTEMS OF AN END OF LIFE VEHICLE THAT
IS SOLD, GIVEN OR OTHERWISE CONVEYED TO THE FACILITY, PRIOR TO THE VEHI-
CLE BEING INTENTIONALLY FLATTENED, CRUSHED, BALED OR SHREDDED.
  (B) THE OWNER OR OPERATOR OF A SCRAP  RECYCLING  FACILITY  OR  VEHICLE
RECYCLING  FACILITY  SHALL NOT SELL AN END OF LIFE VEHICLE IF THE SODIUM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00561-01-9
              

A. 2296                             2

AZIDE CANISTERS PLACED INSIDE THE SUPPLEMENTAL RESTRAINT SYSTEMS OF  THE
VEHICLE  HAVE  NOT BEEN REMOVED PRIOR TO THE VEHICLE BEING INTENTIONALLY
FLATTENED, CRUSHED, BALED OR SHREDDED.
  3.  THE  DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION, OR ANY RULE
OR REGULATION ADOPTED PURSUANT THERETO, SHALL  BE  SUBJECT  TO  A  CIVIL
PENALTY OF FIVE THOUSAND DOLLARS FOR EACH VIOLATION. EACH DAY ON WHICH A
PERSON  IS  IN  VIOLATION  SHALL  BE  CONSIDERED A SEPARATE AND DISTINCT
OFFENSE.
  5. THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A COMPREHENSIVE EDUCA-
TION AND OUTREACH PROGRAM FOR THE GENERAL PUBLIC AND OWNERS  AND  OPERA-
TORS  OF  SCRAP RECYCLING FACILITIES AND VEHICLE RECYCLING FACILITIES IN
ORDER TO PROVIDE INFORMATION REGARDING THE PROCEDURES ESTABLISHED PURSU-
ANT TO THIS SECTION FOR THE REMOVAL, RECOVERY  AND  DISPOSAL  OF  SODIUM
AZIDE CANISTERS FROM INSIDE THE SUPPLEMENTAL RESTRAINT SYSTEMS OF END OF
LIFE  VEHICLES.  THE  EDUCATION  AND OUTREACH PROGRAM SHALL FOCUS ON THE
HAZARDS RELATED TO, AND  THE  PROPER  HANDLING  OF,  SODIUM  AZIDE;  THE
REQUIREMENTS  AND  OBLIGATIONS  OF  INDIVIDUALS, FACILITIES AND AGENCIES
UNDER THIS SECTION; AND THE DETAILS OF THE REMOVAL AND  DISPOSAL  SYSTEM
ESTABLISHED BY THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.