Assembly Bill A9490

                                BILL NUMBER:A9490

TITLE OF BILL:
An act
to amend the general business law, in relation to restricting the sale
of automotive refinish material

PURPOSE:
To amend the general business law to prohibit the sale of automotive
refinish material, the use of which results in the generation of
hazardous waste to individuals not licensed for the use and
application of such materials by the appropriate regulatory agencies.

SUMMARY OF PROVISIONS:
This bill adds a new Section 309 to the General Business Law to
prohibit any seller or supplier of automotive refinish material
labeled "For Professional Else Only," the use of which results in the
generation of hazardous waste, to individuals who fail to meet the
local ordinances for the application of such materials. The bill also
includes provisions for the imposition of an appropriate civil
penalty if one is found, after notice and hearing, to have violated
the provisions of this section.

JUSTIFICATION:
As the public has become more environmental conscious, the auto body
repair industry has been subjected to increasingly vigorous
              

environmental regulation by federal, state and local regulatory
authorities. With the ultimate goal underlying such regulation, a
cleaner and safer environment, being a worthwhile object, present law
still leaves unregulated the sale of such materials to those who fail
to meet environmental regulatory requirements governing their
application. Further, while auto body repair shops must account for
the use and disposal of hazardous waste materials purchased through
trade suppliers, individuals using such material on their own are not
subject to such regulation. This bill would simply prohibit the sale
of any automotive refinish material labeled "For Professional Use
Only" to any individual not possessing proof of compliance with
applicable local ordinances and licensing provisions mandated b y the
appropriate regulatory authorities. The bill would, therefore,
promote the goal of environmental protection by prohibiting the use
of such materials by individuals not subject to proper regulation as
to the use and disposal of it. The bill would also serve to inhibit
the operation of the many unregistered and unlicensed
repair shops which have been operating in our state with
increasing frequency. The proliferation of unregistered repair shops
would not only help promote a better, more efficient and more
environmentally sound repair process, but should also result in the
generating of revenues for the state. Sales tax revenues previously
lost due to repairs being performed by unregistered "backyard" repair
shops would be realized when those repairs are done at licensed and
registered repair facilities.

PRIOR LEGISLATIVE HISTORY:
2008: A587 ref. to Economic Dev.
2006: A.3037 referred to Economic Dev.
2004: A3111 died in Economic Dev., A.374 of 1998. Referred to Economic
Dev.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.