NY State Senate Bill 2009-S7988

Senate Bill S7988

Signed By Governor

2009-2010 Legislative Session

Relates to real estate transfer tax deposits into the environmental protection fund; penalties; e waste and makes appropriations for the support of government; repealer

download bill text pdf

Archive: Last Bill Status Via A11308 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2010	signed chap.99 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.663 substituted for s7988
May 28, 2010	substituted by a11308 ordered to third reading cal.663 reported and committed to rules
May 27, 2010	referred to finance

Votes

- May 28, 2010 - Floor Vote
  A11308
  
  32
  
  Aye
  
  27
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 28, 2010
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (27)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Skelos
      
      Volker
      
      Young
      
      excused (3)
      
      Morahan
      
      Seward
      
      Winner
  May 28, 2010 - Rules Committee Vote
  S7988
  
  13
  
  Aye
  
  7
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2010
      
      aye (13)
      
      Dilan
      
      Duane
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      nay (7)
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Saland
      
      Skelos
      
      Volker
      
      aye wr (2)
      
      Farley
      
      Padavan
      
      excused (1)
      
      Seward
  May 28, 2010 - Finance Committee Vote
  S7988
  
  18
  
  Aye
  
  12
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 28, 2010
      
      aye (18)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (12)
      
      DeFrancisco
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Robach
      
      Saland
      
      Volker
      
      aye wr (2)
      
      Farley
      
      Padavan
      
      excused (1)
      
      Seward

2009-S7988 (ACTIVE) - Details

See Assembly Version of this Bill:: A11308
Law Section:: Appropriations
Laws Affected:: Amd §1421, Tax L; add Art 27 Title 26 §§27-2601 - 27-2621, §71-2729, amd §§72-0402, 72-0201, 71-1307, 71-2303, 71-1105, 71-2103, 71-2105, 71-4001 & 71-4003, rpld §72-0403, En Con L

2009-S7988 (ACTIVE) - Summary

Relates to real estate transfer tax deposits into the environmental protection fund; hazardous waste program fees and surcharges; penalties for enforcement of violations; recycling, reuse and safe handling of electronic equipment sold in New York state

2009-S7988 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7988

TITLE OF BILL:

An act to amend the tax law, in relation to real estate transfer tax
deposits into the environmental protection fund; to amend the
environmental conservation law, in relation to the recycling, reuse
and safe handling of electronic equipment sold in the state of New
York; in relation to hazardous waste program fees and surcharges; and
in relation to penalties for enforcement of violations; to repeal
section 72-0403 of the environmental conservation law relating to
hazardous waste program surcharges; and making appropriations for the
support of government

PURPOSE:

This bill would provide sufficient funding to maintain operations at
all New York State parks and historic sites, including all Department
of Environmental Conservation (DEC) campgrounds in the Adirondacks and
Catskills. In addition, this bill would appropriate $134 million for
environmental projects from the Environmental Protection Fund (EPF).
This bill would also establish a state-wide electronic equipment reuse
and recycling program, the funds from which would be used for the
purposes set forth in this bill.

SUMMARY OF PROVISIONS:

Section 1 of this bill would provide $134 million to support State
Fiscal Year (SFY) 2010-11 EPF spending, and $11.2 million for the
operation of State parks and campgrounds, under the jurisdiction of
the Office of Parks, Recreation and Historic Preservation (OPRHP) and
DEC, and require that a certificate of approval be issued by the
Director of the Budget before any expenditure can be made from these
appropriations.

Section 2 of this bill would amend Tax Law § 1421 to reduce the amount
of real estate transfer tax (RETT) revenue deposited into the EPF
beginning in fiscal year 2010-11 from $199.3 million to $119.1 million
in order to align the revenues with the reduction in EPF
appropriations. The bill also removes references related to RETT
deposits made to the EPF in previous fiscal years.

Sections 3 through 5 of this bill would enact the Electronic Equipment
Recycling and Reuse Act and create a new Title 26 in ECL Article 27 to
establish a state-wide electronic equipment reuse and recycling
program as follows:

ECL § 27-2601 would establish definitions for terms used in the title,
including "covered electronic equipment," "computer peripheral,"
"small electronic equipment," "electronic waste," "electronic waste
collection site," "electronic waste consolidation facility,"
"electronic waste recycling facility," and "manufacturer."

ECL § 27-2603 would require manufacturers to accept for recycling or
reuse electronic waste for which it is the manufacturer from consumers
in the State and accept one piece of electronic waste if offered by a
consumer, with the purchase of a piece of equipment of the same type


beginning April 1, 2011. Manufacturers would also be required to take
their market share of electronic waste, by weight, as determined by
DEC based on the three year average of annual sales in the State.

This section would also establish a statewide recycling or reuse goal.
More specifically:

* For the period April 1, 2011 through December 31, 2011, the
statewide recycling or reuse goal would be 75% of three pounds per
capita.
* For calendar year 2012, the statewide recycling or reuse goal would
be four pounds per capita.
* For calendar year 2013, the statewide recycling or reuse goal would
be five pounds per capita.
* For calendar year 2014 and thereafter, the statewide recycling or
reuse goal would be the base weight multiplied by the goal attainment
percentage.
* The base weight is the average of the total amount of weight of
electronic waste collected for recycling and reuse in the prior three
years.
* The goal attainment percentage ranges from 90-110% based on the
relationship of base weight to the prior years statewide recycling or
reuse goal.

Each manufacturer would be assigned a proportion of the statewide
recycling or reuse goal based on the weight of that manufacturer's
market share of sales. This section would also establish recycling
surcharges for the failure of manufacturers to meet such standards.

Beginning in calendar year 2014, a manufacturer also would be able to
bank, trade or sell credits for the amount of electronic waste it
collects in excess of its annual obligation. Such credits would
account for a maximum of twenty-five percent of a manufacturer's
obligation in a calendar year. A manufacturer that fails to accept its
required weight of electronic waste, in the absence of a waiver from
DEC, would be subject to a recycling surcharge based on the percent of
electronic waste it collected.

ECL § 27-2605 would establish registration requirements for
manufacturers of covered electronic equipment sold in the State, and
require each manufacturer of covered electronic equipment to register
with the DEC by January 1, 2011, pay a $5,000 registration fee; and
require any person who becomes a manufacturer after January 1, 2011 to
register with DEC before selling or offering for sale covered
electronic equipment in the State. This section would also prescribe
manufacturer responsibilities under Title 26. In summary, this section
would prohibit a manufacturer from selling or offering for sale in the
State covered electronic equipment unless the manufacturer:

* Maintains an electronic waste acceptance program through which the
manufacturer, either directly or through an agent or designee, accepts
e-waste from consumers in the State for recycling or reuse.
* Accepts electronic waste from consumers in the State through methods
that are available and reasonably convenient to such consumers.
* Accepts electronic waste free of charge from consumers.
Manufacturers would be allowed to charge businesses with 50 or more
employees, and not-for-profit corporations with 75 or more employees


except such corporations designated under § 501(c)(3) of the Internal
Revenue Code.
* Accepts, manages and recycles electronic waste in a manner that
complies with all applicable laws, rules and regulations.
* Maintains a public education program to inform consumers in the
State about the manufacturer's electronic waste acceptance program,
which must include a toll-free telephone number and internet website,
to provide written information in the product manual on how to return
the manufacturer's covered electronic equipment for reuse or recycling
and, for appropriate manufacturers, to provide instructions to
consumers to on how to destroy personal or confidential information
contained in any computer, hard. drive or other covered electronic
equipment with internal memory, and to make such information available
for dissemination by retailers of the manufacturer's products at the
time of purchase.

Manufacturers would be permitted to work collectively to satisfy the
requirements of this section, subject to the same requirements for
individual manufacturers.

ECL § 27-2607, as of January 1, 2011, would: (1) require retailers to
make available information provided by manufacturers on the
manufacturers' electronic waste acceptance programs; and (2) prohibit
a retailer in the State from selling or offering for sale any covered
electronic equipment in the State unless such manufacturer and the
manufacturer's brands are registered with DEC.

ECL § 27-2609 would require that each piece of covered equipment
bearing the manufacturer's brand have an affixed label identifying the
manufacturer.

ECL § 27-2611 would establish prohibitions on the disposal of
electronic waste in the State. Beginning April 1, 2011, a
manufacturer, retailer, owner or operator of an electronic waste
collection site, electronic waste consolidation facility or electronic
waste recycling facility would be prohibited from disposing electronic
waste at a solid or hazardous waste management facility in the State.
Beginning January 1, 2012, any person except an individual or
household would be prohibited from disposing of electronic waste at a
solid or hazardous waste management facility in the State and waste
haulers would be required to provide educational information on the
proper disposal o(electronic waste. Beginning January 1, 2015,
individuals and households would be prohibited from disposing
electronic waste at a solid or hazardous waste management facility.
Finally, beginning January 1, 2012, an owner or operator of a solid or
hazardous waste management facility in the state would be required to
educate users of the facility of the proper methods of recycling of
electronic waste and to conspicuously post signs at such facility
stating that electronic waste may not be disposed there.

ECL §27-2613 would establish minimum standards for electronic waste
collection sites, electronic waste consolidation facilities and
electronic waste recycling facilities located in the State.

ECL § 27-2615 would: (1) authorize DEC to promulgate rules and
regulations necessary for implementation of this title and require DEC
to promulgate regulations on reuse, electronic waste acceptance


credits, recycling surcharge waivers, and acceptable methods for the
determination of sales data; (2) require DEC to maintain and post on
its website a list of all registered manufacturers and a list of each
manufacturer's brands; and (3) authorize DEC to waive the recycling
surcharges payable under ECL § 27-2603 based on a manufacturers
application.

ECL § 27-2617 would require manufacturers to submit an annual report
beginning March 1, 2012, which would include information for DEC to
assess compliance with Title 26. This section would also require
manufacturers to pay a $3,000 annual reporting fee. DEC would be
required, on or before April 1, 2012 and biennially thereafter, to
report to the Governor, Temporary President of the Senate and the
Speaker of the Assembly on the implementation of Title 26. Such report
would include (i) an evaluation of the electronic waste stream in the
state and the availability of electronic waste for recycling and
reuse, (ii) an evaluation of the electronic waste acceptance,
collection, recycling and reuse conducted pursuant to Title 26, (iii)
an evaluation of compliance and enforcement of Title 26, (iv)
recommendations for amendments to Title 26, and (v) a discussion of
opportunities for business development in the state related to
electronic waste acceptance, collection, recycling and reuse.

ECL § 27-2619 would establish the preemptive effect of the new law.
Specifically, this section would provide that jurisdiction in all
matters pertaining to electronic waste recycling and reuse, including
the obligations of manufacturers, retailers, electronic waste
collection sites, electronic waste consolidation facilities, and
electronic waste recycling facilities, is vested exclusively in the
State, and any provision of any local law, ordinance or regulation
governing such matters shall be preempted upon the effective date of
the Act.

ECL § 27-2621 would require fees and charges paid pursuant to under
Title 26 be deposited in the EPF.

Sections 6, 7 and 8 of this bill would amend Environmental
Conservation Law (ECL) § 72-0402, and repeal § 72-0403, to consolidate
two separate sliding scale fees paid by hazardous waste generators
into a single fee of $130 per ton, and to generate approximately $2
million in revenues to fund EPF project expenditures.

Sections 9 and 10 of this bill would amend ECL § 72-0201 to make
conforming changes relating to sections 3 and 4 of the bill, and to
provide that $2 million of the hazardous waste generator fees would be
deposited into the EPF.

Sections 11 through 17 of this bill would amend various sections of
Article 71 of the ECL to make modest increases in the fines and
penalties, both civil and criminal, for violations of law applicable
to mineral resources, wetlands and air pollution. A portion of these
fines would be deposited into the EPF.

Section 18 of the bill would provide for severability of the act.

Section 19 of the bill would provide the effective date.


EXISTING LAW:

The State Finance Law § 92-s created the Environmental Protection
Fund. Project and program funding is authorized by ECL Article 54,
pursuant to appropriations.

Title 7 (Solid Waste) and Title 9 (Hazardous Waste) of ECL Article 27
authorize DEC to regulate the storage, disposal, transport and
treatment of solid and hazardous wastes in an environmentally sound
manner, and to encourage recycling, recovery and reuse of all solid
and hazardous waste to conserve resources and reduce waste. Title 21
of ECL Article 27 regulates mercury-containing consumer products,
which includes some used electronics.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

This bill would provide necessary funding to allow 178 State Parks and
35 Historic Sites to remain open in SFY 2010-11 while providing "a
like amount of general fund support through the reduction of the real
estate transfer tax deposit.

New Yorkers look to State parks for affordable family fun, healthful
recreation and a place of rest. Parklands shelter countless species of
plants and animals, provide for irreplaceable vistas and ecosystems,
and provide incredible historic and cultural resources.  The State
park system is also a sound and pragmatic economic investment,
contributing to the vitality and quality of life of local communities
and directly supporting New York's tourism industry.

This bill would also provide necessary funding for environmental
projects and programs from the Environmental Protection Fund in SFY
10-11. The EPF supports projects administered by DEC and other
agencies to protect open space, undertake capital projects and provide
grants to municipalities, non-for-profits and schools for critical
environmental projects supporting State environmental goals.  One of
the key programs funded by the EPF is stewardship. At a total of $16.2
million in this bill, Stewardship funds would be used to help DEC and
OPRHP manage New York's 4.5 million acres of public land, including 3
million acres of constitutionally protected forest preserve in the
Adirondack and Catskill Parks, 750,000 acres of state forest and
unique areas, 200,000 acres of wildlife management areas, 610,000
acres of working forest easement lands, and 178 state parks and 35
historic sites. Active management is required to ensure that the many
millions of people who hunt, fish, hike, go camping, and observe
wildlife are able to access these special places and connect with
nature.

Other categories within the EPF fund successful programs for:
municipal recycling and household hazardous waste programs; assessment
and recovery of compensation for natural resource damages to the
Hudson River; water quality improvements; the Oceans and Great Lakes
initiative; South Shore Estuary Programs; Invasive Species; Land


Acquisition; Waterfront Revitalization; Municipal Parks; Farmland
Protection; and, Zoos, Botanical Gardens and Aquariums.

Modest increases in the fees and fines proposed in this bill would
help to maintain necessary revenues for these important programs.

Over the last twenty years, the world has entered the digital age. The
sale of electronics in the U.S. has increased from 61 million units in
1987 to more than 426 million units in 2007.  This growth in sales,
coupled with rapid technology development that leads to more immediate
obsolescence, has facilitated a dramatic growth of the nation's
electronics waste stream. The U.S.  Environmental Protection Agency
(EPA) estimates that the amount of electronic waste entering the waste
stream almost doubled between 1999 and 2007, from 7.7 to 14.9 pounds
per person per year. While the amount of material collected for
recycling has increased somewhat in the last few years, the rate of
electronic waste or "e-waste" that has been diverted from the waste
stream has remained small. EPA estimates that 10 percent of
electronics generated were ultimately recycled in 2000 as compared to
13.6 percent in 2007.

The proliferation of e-waste has created a new challenge for waste
management. The presence of certain hazardous constituents in once
useful electronic equipment, such as lead, cadmium, mercury and other
hazardous constituents makes proper management of e-waste essential,
to protecting public health and the environment. For example,
televisions and computer monitors with glass screens (CRTs) often
contain lead, while those with flat panel screens can contain mercury.
Electronic components can contain a variety of hazardous chemicals and
compounds.

Currently a comprehensive system for managing the rapidly growing
problem of e-waste does not exist in New York State. In the absence of
a comprehensive State-wide recycling law, consumers are left with a
patchwork of local collection options, voluntary programs sponsored by
a few manufacturers, and the disposal of a significant amount of
e-waste. Collection events hosted by municipalities are expensive,
infrequent, and do not effectively address collection in all areas of
the State.

In addition, many of the components of electronics are valuable, and
can be recycled or reused, materials, including ferrous and
non-ferrous metals, precious metals and even glass.  Disposal of
e-waste wastefully discards these materials.

This bill proposes to establish a comprehensive State-wide electronic
equipment reuse and recycling program using a product stewardship
model. The product stewardship model encourages the cost of
end-of-life management to be incorporated into the product prices,
ensuring that both the product user and manufacturer to play a role in
reducing waste. As manufacturers are required to collect, reuse and
recycle their own covered electronic equipment, they will be
encouraged to develop (1) products containing fewer hazardous
constituents, (2) more reusable components, and (3) products that are
ultimately designed with the environment in mind.  Establishing this
electronic waste recycling model would provide New York State
consumers with an environmentally sound end-of-life management


alternative for their e-waste.  In addition, an increase of
recoverable materials will be realized from the recycling of
electronic waste. Recovered materials will in turn be reused in new
electronic equipment or other products, decreasing the need for new
raw materials. Also, as electronic wastes are diverted from landfills,
limited landfill capacity will be saved.

The establishment of an electronic equipment reuse and recycling
program should be considered this year because attention to the issue
of e-waste at the local, state, and national level has been growing.
To date, nearly twenty other states have adopted electronic waste
recycling laws. In addition, television signals recently switched from
analog to digital, which will likely result in an increased number of
New York consumers purchasing high definition televisions and
discarding older cathode ray tube (CRT) televisions, and spike in the
e-waste stream.  Establishing a comprehensive electronic equipment
reuse and recycling program will protect the health, safety, and
welfare of all the citizens of New York State, as well as enhance and
maintain the quality of the environment.

BUDGET IMPLICATIONS:

Proposed new funding critical to keeping parks operating will be
offset by reductions to the overall EPF appropriations and additional
revenues. Deposits into the EPF from the Real Estate Transfer Tax will
be reduced commensurate with the reduced appropriation level of $134
million. Deposits into the EPF from modest increases in fees and fines
set forth in this bill would help support this level of funding.

EFFECTIVE DATE

This bill would take effect immediately, and be deemed to have been in
full force and effect on and after April 1, 2010.

2009-S7988 (ACTIVE) - Bill Text download pdf

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

    S. 7988                                                 A. 11308

                      S E N A T E - A S S E M B L Y

                              May 27, 2010
                               ___________

IN  SENATE  --  Introduced  by  COMMITTEE ON RULES -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

IN  ASSEMBLY  --  Introduced by COMMITTEE ON RULES -- (at request of the
  Governor) -- read once and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to  real  estate  transfer  tax
  deposits into the environmental protection fund; to amend the environ-
  mental  conservation law, in relation to the recycling, reuse and safe
  handling of electronic equipment sold in the state  of  New  York;  in
  relation  to  hazardous  waste  program  fees  and  surcharges; and in
  relation to penalties for enforcement of violations; to repeal section
  72-0403 of the environmental conservation law  relating  to  hazardous
  waste program surcharges; and making appropriations for the support of
  government

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

  Section 1.  (a) The several amounts specified in this  act  for  state
operations  and  for  aid  to localities, or so much thereof as shall be
sufficient to accomplish the purposes designated by the  appropriations,
are  hereby  appropriated  and  authorized  to  be  paid  as hereinafter
provided, to the respective public officers and for the several purposes
specified.
  (b) The several amounts specified in this act for capital projects, or
so much thereof as shall be necessary to accomplish the purpose  of  the
appropriations,  are appropriated by comprehensive construction programs
(hereinafter  referred  to  by  the  abbreviation  CCP),  purposes,  and
projects  designated  by  the  appropriations, and authorized to be made
available as hereinafter provided to  the  respective  public  officers;
such  appropriations  shall be deemed to provide all costs necessary and
pertinent to accomplish the intent of the appropriations and are  appro-
priated  in  accordance  with  the provisions of section 93 of the state
finance law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12258-02-0

S. 7988                             2                           A. 11308

  (c) No moneys appropriated by this act shall be available for  payment
until  a  certificate of approval has been issued by the director of the
budget, who shall file such certificate with the department of audit and
control, the chairperson of the senate finance committee and the  chair-
person of the assembly ways and means committee.
  (d)  The  appropriations  contained in this act shall be available for
the fiscal year beginning on April 1, 2010.

          OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

General Fund/State Operations
State Purposes Account - 003

PARK OPERATIONS PROGRAM ..................................... 11,000,000
                                                          --------------

                           NONPERSONAL SERVICE

Supplies and materials ......................... 4,000,000
Contractual services ........................... 7,000,000
                                            --------------
    Amount available for nonpersonal service .. 11,000,000
                                            --------------

                DEPARTMENT OF ENVIRONMENTAL CONSERVATION

General Fund/State Operations
State Purposes Account - 003

FOREST AND LAND RESOURCES PROGRAM .............................. 200,000
                                                          --------------
                           NONPERSONAL SERVICE

Supplies and materials ........................... 200,000
                                            --------------
    Amount available for nonpersonal service ..... 200,000
                                            --------------

           MISCELLANEOUS - ALL STATE DEPARTMENTS AND AGENCIES

                          GENERAL STATE CHARGES

General Fund/State Operations
State Purposes Account - 003

GENERAL STATE CHARGES ........................................ 5,000,000
                                                          --------------

Notwithstanding any law to the contrary, for
  taxes on public lands and payments  pursu-
  ant  to  sections  532  through 546 of the
  real property tax law (09TX10ER) ............. 5,000,000
                                            --------------

S. 7988                             3                           A. 11308

                            CAPITAL PROJECTS

ENVIRONMENT AND RECREATION (CCP) ........................... 134,000,000
                                                          --------------

Environmental Protection Fund

Environment and Recreation Purpose

  For  services and expenses of projects and
    purposes authorized by section  92-s  of
    the state finance law to receive funding
    from  the solid waste account in accord-
    ance with a programmatic  and  financial
    plan  to  be approved by the director of
    the budget, including  suballocation  to
    other  state  departments  and agencies,
    according to the following:

  Non-hazardous  landfill  closure  projects
    (09LC10ER) ................................... 600,000

  Municipal  waste  reduction  or  recycling
    projects (09MR10ER) ........................ 6,639,000

  Secondary  materials  regional   marketing
    assistance   and   energy   conservation
    services projects (09SM10ER) ............... 1,000,000

  Pesticides program (09PD10ER) .................. 575,000

  Notwithstanding any law to  the  contrary,
    for   assessment  and  recovery  of  any
    natural resource damages (09RD10ER) .......... 200,000

  Notwithstanding any law to  the  contrary,
    for  the pollution prevention institute;
    including $600,000 for the Green  Initi-
    ative Institute (09PP10ER) ................. 2,000,000

  For  services and expenses of projects and
    purposes authorized by section  92-s  of
    the state finance law to receive funding
    from  the parks, recreation and historic
    preservation account in accordance  with
    a  programmatic and financial plan to be
    approved by the director of the  budget,
    including  suballocation  to other state
    departments and agencies,  according  to
    the following:

  Local  waterfront revitalization programs,
    notwithstanding any law to the contrary,
    not less than, $6,000,000 for waterfront
    revitalization projects which are in  or
    primarily  serve areas where demographic

S. 7988                             4                           A. 11308

    and other relevant data for  such  areas
    demonstrate  that  the areas are densely
    populated and  have  sustained  physical
    deterioration, decay, neglect, or disin-
    vestment, or where a substantial propor-
    tion of the residential population is of
    low income or is otherwise disadvantaged
    and  is  underserved with respect to the
    existing recreational  opportunities  in
    the  area;  and  provided  further  this
    appropriation shall not be construed  to
    restrict   the  use  of  any  additional
    monies for such projects;  $550,000  for
    Buffalo Waterfront; $300,000 for Niagara
    River  Greenway; and $250,000 for Hudson
    and Champlain Docks (09WR10ER) ............ 12,000,000

  Parks, recreation and  historic  preserva-
    tion  projects,  notwithstanding any law
    to  the   contrary,   not   less   than,
    $6,716,000  for municipal parks projects
    which are in or  primarily  serve  areas
    where  demographic  and  other  relevant
    data for such areas demonstrate that the
    areas are  densely  populated  and  have
    sustained physical deterioration, decay,
    neglect  or  disinvestment  or  where  a
    substantial proportion of  the  residen-
    tial  population  is of low income or is
    otherwise disadvantaged  and  is  under-
    served  with  respect  to  the  existing
    recreational opportunities in the  area,
    and   notwithstanding  any  law  to  the
    contrary, $225,000  for  Olmstead  Park,
    $125,000  for  Hyde  Park,  $225,000 for
    Darwin Martin  House  and  $125,000  for
    Graycliff Manor (09MP10ER) ................ 13,432,000

  Notwithstanding  any  law to the contrary,
    for state parks and  land  and  easement
    infrastructure,  access  and stewardship
    projects  which  shall  include  capital
    projects:  (i)  on state parks and state
    owned   lands   acquired   pursuant   to
    sections  54-0303  and  56-0307  of  the
    environmental conservation law and  (ii)
    on  state parks or state owned lands and
    easements under the jurisdiction of  the
    department of environmental conservation
    or  the  office of parks, recreation and
    historic preservation for access  oppor-
    tunities  for  people with disabilities;
    access to  the  State  Forest  Preserve;
    State reforestation, Wildlife Management
    areas  and  conservation easement lands;
    recreational  trail   construction   and

S. 7988                             5                           A. 11308

    maintenance;   Catskill  and  Adirondack
    campground improvements to public access
    and sanitation facilities; environmental
    education; conservation education facil-
    ity improvements; archeological, histor-
    ic,   cultural   and   natural  resource
    surveys, forest health  surveys,  inter-
    pretation,   and   inventories;   Forest
    Preserve and state forest  unit  manage-
    ment   planning;  conservation  easement
    public  recreation   planning;   habitat
    restoration  and enhancement; state fish
    hatchery  improvements;   water   access
    facilities   and   safety  improvements;
    public beach  facility  development  and
    improvement;  public access improvements
    at day use areas;  state  historic  site
    exterior restoration; and cabin area and
    camping  facility  development, restora-
    tion and reconstruction (09ST10ER) ........ 16,228,000

  Notwithstanding subdivision 7  of  section
    92-s  of  the  state  finance law or any
    other law to the contrary, for  services
    and  expenses  of  the Hudson River Park
    Trust for projects related to the devel-
    opment of the Hudson River Park consist-
    ent with provisions of  chapter  592  of
    the  laws  of  1998;  provided, however,
    such funds shall not  be  available  for
    suballocation   to  any  public  benefit
    corporation or public authority with the
    exception of the Hudson River Park Trust
    and shall be available  solely  for  the
    liabilities incurred by the Hudson River
    Park Trust or by other state departments
    or  agencies  on  behalf  of  the Hudson
    River Park Trust and shall be  available
    solely  for  the liabilities incurred by
    the Hudson River Park Trust or by  other
    state  departments or agencies on behalf
    of the Hudson River  Park  Trust  on  or
    after  April  1,  1999. Provided further
    that, the comptroller is hereby  author-
    ized  and  directed to release monies to
    the Hudson River Park Trust  in  amounts
    set  forth in a schedule approved by the
    director of the budget (09HR10ER) .......... 3,000,000

  Notwithstanding any law to  the  contrary,
    for  zoos, botanical gardens and aquaria
    program (09ZB10ER) ......................... 9,000,000

  For services and expenses of projects  and
    purposes  authorized  by section 92-s of

S. 7988                             6                           A. 11308

    the state finance law to receive funding
    from the open space account  in  accord-
    ance  with  a programmatic and financial
    plan  to  be approved by the director of
    the budget, including  suballocation  to
    other  state  departments  and agencies,
    according to the following:

Costs related  to  the  acquisition  of  the
  following properties: Atlantic Coast, Long
  Island  Sound  Coastal  Area,  Long Island
  South Shore Estuary Reserve, Peconic Pine-
  lands Maritime Reserve  Projects,  Central
  Pine  Barrens,  Adirondack  Mountain  Club
  Lands,  Hudson  River  projects,   Western
  Suffolk/Nassau     Special     Groundwater
  Protection Areas, Harbor  Herons  Wildlife
  Complex,  Inner City/Underserved Community
  Parks,  Long  Pond/Butler  Woods,   Staten
  Island Greenbelt, Staten Island Wet Woods,
  Harlem   River  Waterfront,  Great  Swamp,
  Neversink Highlands, Plutarch/Black  Creek
  Wetlands   Complex,  New  York  Highlands,
  Mongaup Valley Wildlife  Management  Area,
  Northern Putnam Greenway, Putnam Railroad,
  Schunnemunk Mountain/Moodna Creek/Woodcock
  Mountain,   Sterling   Forest,  Shawangunk
  Mountains,    Northeastern     Westchester
  Watershed and Biodiversity Lands, Rockland
  Riverfront   Communities/Palisades  Ridge,
  Catskill Mountain/Delaware  River  Region,
  Beaverkill/Willowemoc,     Hudson    River
  Estuary/Greenway Trail Corridor,  Catskill
  Unfragmented  Forest,  Long Path, New York
  City  Watershed  Lands,   Taconic   Ridge/
  Harlem  Valley,  Albany  Pine  Bush,  Five
  Rivers  Environmental  Education   Center,
  Helderberg  Escarpment,  Pine  Bush-Hudson
  River Link/Tivoli  Preserve,  Batten  Kill
  Watershed-Saratoga  National Historic Park
  View shed, Washington County  Agricultural
  Lands-Saratoga National Historic Park View
  shed,    Westmere   Woods,   Lake   George
  watershed,   Lake   Champlain   watershed,
  Boeselager   forestry,   Domtar/Lyme   Fee
  Lands, Catskill River and  Road  corridor,
  Rensselaer  plateau,  Hudson  River Gorge,
  Franklinton  Vlaie   Wildlife   Management
  area,  Black Creek Marsh/Vly Swamp, Mohawk
  River Valley Corridor/Barge  Canal,  Ooms-
  dale   farm   and  surrounding  landscape,
  Susquehanna River Valley  Corridor,  Pilot
  Knob,   Floodwood   Camp,  Lake  Champlain
  Shoreline and Wetlands,  Saratoga  County,
  Mays Pond Tract, State Forest and Wildlife
  Management   Area   Protection,  Follensby

S. 7988                             7                           A. 11308

  Park, Undeveloped Lake George Shore, Whit-
  ney  Park,  Finch  Woodlands,   Washington
  County  Grasslands,  Northern  Flow  River
  Corridors, Recreational Trail Linkages and
  Networks, Bog River/Beaver River Headwater
  Complex,  Maumee Swamp, Moose River Corri-
  dor,  Rome  Sand  Plains,  Saint  Lawrence
  River  Islands,  Shorelines  and Wetlands,
  Eastern   Lake   Ontario   Shoreline   and
  Islands, Tug Hill Core Forests and Headwa-
  ter  Streams,  Tioga  County Park Opportu-
  nities,    Nelson    Swamp,    Genny-Green
  Trail/Link  Trail, Clark Reservation State
  Park, Salmon River Corridor,  State  Parks
  Greenbelt/Tompkins   County,   Cattaraugus
  Creek    and    tributaries,     Carpenter
  Falls/Bear Swamp Creek Corridor, Tonawanda
  Creek  Watershed,  Two  Rivers State Park,
  Finger  Lakes  Shoreline,  Buffalo/Niagara
  River    Corridors,   Northern   Montezuma
  Wetlands,  HiTor/Bristol  Hills,  Braddock
  Bay,  Catharine Valley Complex, Sonnenberg
  Gardens, Western  Finger  Lakes:  Conesus,
  Hemlock,  Canadice  and  Honeoye,  Genesee
  Greenway/Recreationway,   Allegany   State
  Park,   Alder  Bottom  Pond/French  Creek,
  Great Lakes Shorelines and Niagara  River,
  Chautauqua  Lake  Access,  Shore Lands and
  Vistas,  Randolph  Swamp,  Eighteen   Mile
  Creek/Hampton Brook Woods, Statewide Small
  Projects, Working Forest Lands, State Park
  and  State  Historic  Site Protection, (a)
  notwithstanding any law to  the  contrary,
  $500,000  from  the land acquisition allo-
  cation   for   urban   forestry   projects
  provided  that no less than $250,000 shall
  be made available  for  such  programs  in
  cities with populations of 65,000 or more;
  (b) notwithstanding any law to the contra-
  ry,  $1,575,000  from the land acquisition
  allocation to the land trust alliance  for
  the   purpose  of  awarding  grants  on  a
  competitive basis to  local  land  trusts,
  provided  that  up  to ten percent of such
  amount may be made available for  adminis-
  trative  costs and/or technical assistance
  (09LA10ER) .................................. 17,614,000

  Albany  Pine  Bush   Preserve   Commission
    (09AP10ER) ................................. 2,000,000

  Long  Island Central Pine Barrens Planning
    (09LP10ER) ................................. 1,100,000

  Long Island South  Shore  Estuary  Reserve
    (09SE10ER) ................................... 900,000

S. 7988                             8                           A. 11308

  Agricultural  non-point  source  abatement
    and control projects (09AN10ER) ........... 13,297,000

  Non-agricultural  non-point  source abate-
    ment and control projects (09NP10ER) ....... 3,703,000

  Agriculture and farmland protection activ-
    ities (09FP10ER) .......................... 10,750,000

  Biodiversity stewardship and research, and
    notwithstanding any law to the contrary,
    $75,000 for Cayuga Island (09BD10ER) ......... 500,000

  Notwithstanding any law to  the  contrary,
    for  the Hudson River Estuary Management
    Plan  prepared   pursuant   to   section
    11-0306  of  the environmental conserva-
    tion law (09HE10ER) ........................ 3,000,000

  Notwithstanding any law to  the  contrary,
    for  state assistance payments, pursuant
    to a smart growth program, provided on a
    competitive basis, to counties,  cities,
    towns,  or villages to establish, update
    or implement comprehensive  plans  in  a
    manner  consistent  with  smart  growth;
    provided, however, that up to 25 percent
    of such payments may be awarded to  not-
    for-profit    organizations   for   such
    purposes (09SG10ER) .......................... 300,000

  Notwithstanding any law to  the  contrary,
    for   the   Finger   Lakes-Lake  Ontario
    Watershed Protection Alliance (09FL10ER)
    ............................................ 1,000,000

  Notwithstanding any law to  the  contrary,
    for the state share of costs of wastewa-
    ter   treatment   improvement   projects
    undertaken by municipalities to  upgrade
    municipal  systems  to  meet stormwater,
    combined sewer overflow, sanitary  sewer
    overflow    and   wastewater   treatment
    discharge  requirements  with   priority
    given  to  systems that are in violation
    of title 8 of article 17 of the environ-
    mental  conservation  law  and   aquatic
    habitat  restoration projects undertaken
    by  municipalities  and   not-for-profit
    corporations  for aquatic habitat resto-
    ration projects as defined  in  subdivi-
    sion  1  of section 56-0101 of the envi-
    ronmental conservation law (09WQ10ER) ...... 2,932,000

S. 7988                             9                           A. 11308

  Notwithstanding any law  to  the  contrary
    for  New  York  ocean  and  Great  Lakes
    ecosystem     conservation     projects,
    consistent  with  the policy articulated
    in   article  14  of  the  environmental
    conservation law (09GL10ER) ................ 5,000,000

  Notwithstanding any law to  the  contrary,
    for  the implementation of the recommen-
    dations of  the  invasive  species  task
    force  prepared  pursuant to chapter 324
    of the laws of 2003 and for the purposes
    set forth in chapter 674 of the laws  of
    2007 including not less than $95,000 for
    Lake George, provided that not less than
    $1,000,000  be  made available for inva-
    sive species eradication, and  including
    grants   related   to  the  control  and
    management  of  invasive  species.  Such
    funding  for grants shall be provided on
    a competitive basis in consultation with
    the New York  Invasive  Species  Council
    (09IS10ER) ................................. 3,800,000

  Notwithstanding  any  law to the contrary,
    for Soil and Water Conservation District
    activities as authorized for  reimburse-
    ment  in  section  11-a  of the soil and
    water   conservation    districts    law
    (09SW10ER) ................................. 3,000,000

  Notwithstanding  any  law to the contrary,
    for   Agricultural   Waste    Management
    projects (09AW10ER) .......................... 430,000
  S  2.   Section 1421 of the tax law, as amended by section 1 of part T
of chapter 59 of the laws of 2009, is amended to read as follows:
  S 1421. Deposit and dispositions of revenues. From the taxes, interest
and penalties attributable to the tax imposed pursuant to section  four-
teen  hundred  two of this article, the amount of [thirty-three and one-
half million] ONE HUNDRED NINETY-NINE  MILLION  THREE  HUNDRED  THOUSAND
dollars  shall  be  deposited  by  the  comptroller in the environmental
protection fund established pursuant  to  section  ninety-two-s  of  the
state  finance  law for the fiscal year beginning April first, [nineteen
hundred ninety-five] TWO THOUSAND  NINE;  the  amount  of  [eighty-seven
million  dollars  shall  be  deposited in such fund for the fiscal years
beginning April first, nineteen hundred ninety-six and nineteen  hundred
ninety-seven;  the amount of one hundred twelve million dollars shall be
deposited in such fund for the fiscal years beginning April first, nine-
teen hundred ninety-eight, nineteen hundred ninety-nine,  two  thousand,
two  thousand  one,  two  thousand two, two thousand three, two thousand
four and two thousand five;  the  amount  of  one  hundred  thirty-seven
million  dollars  shall  be  deposited  in such fund for the fiscal year
beginning April first, two thousand  six;  the  amount  of  two  hundred
twelve  million  dollars  shall be deposited in such fund for the fiscal
year beginning April first,  two  thousand  seven;  the  amount  of  two
hundred thirty-seven million dollars shall be deposited in such fund for

S. 7988                            10                           A. 11308

the fiscal year beginning April first, two thousand eight; the amount of
one  hundred ninety-nine million three hundred thousand dollars shall be
deposited in such fund for four fiscal years beginning April first,  two
thousand  nine;]  ONE  HUNDRED  NINETEEN  MILLION  ONE  HUNDRED THOUSAND
DOLLARS SHALL BE DEPOSITED IN SUCH FUND FOR THE  FISCAL  YEAR  BEGINNING
APRIL  FIRST,  TWO  THOUSAND  TEN; and for each fiscal year thereafter[;
provided however that at the direction of the director of the budget, an
additional amount of up to twenty-five million dollars may be  deposited
in  such  fund  for  the fiscal year beginning April first, two thousand
seven and ending March thirty-first, two thousand eight, for disposition
as provided under such section]. On or  before  June  twelfth,  nineteen
hundred ninety-five and on or before the twelfth day of each month ther-
eafter  (excepting the first and second months of each fiscal year), the
comptroller shall deposit into such fund from the  taxes,  interest  and
penalties  collected  pursuant  to  such section fourteen hundred two of
this article which have been deposited and remain to  the  comptroller's
credit  in  the  banks, banking houses or trust companies referred to in
section one hundred seventy-one-a of this chapter at the close of  busi-
ness  on  the  last  day of the preceding month, an amount equal to one-
tenth of the annual amount required to be deposited in such fund  pursu-
ant  to  this  section  for  the  fiscal  year  in which such deposit is
required to be made. In the event such amount  of  taxes,  interest  and
penalties  so  remaining  to  the  comptroller's credit is less than the
amount required to be deposited in such  fund  by  the  comptroller,  an
amount  equal  to  the  shortfall shall be deposited in such fund by the
comptroller with subsequent deposits, as soon as the revenue  is  avail-
able.  Beginning  April  first, nineteen hundred ninety-seven, the comp-
troller shall transfer monthly to the clean water/clean air fund  estab-
lished  pursuant  to  section ninety-seven-bbb of the state finance law,
all moneys remaining from such taxes, interest and  penalties  collected
that are not required for deposit in the environmental protection fund.
  S  3.  Short title. Sections three, four and five of this act shall be
known and may be cited as the "electronic equipment recycling and  reuse
act".
  S  4.  Article  27 of the environmental conservation law is amended by
adding a new title 26 to read as follows:
                                TITLE 26
                ELECTRONIC EQUIPMENT RECYCLING AND REUSE
SECTION 27-2601. DEFINITIONS.
        27-2603. MANUFACTURER COLLECTION; RECYCLING SURCHARGE.
        27-2605. MANUFACTURER ELECTRONIC WASTE REGISTRATION AND  RESPON-
                   SIBILITIES.
        27-2607. RETAILER REQUIREMENTS.
        27-2609. LABELING.
        27-2611. DISPOSAL BAN.
        27-2613. ELECTRONIC  WASTE COLLECTION, CONSOLIDATION AND RECYCL-
                   ING.
        27-2615. DEPARTMENT RESPONSIBILITIES.
        27-2617. REPORTING REQUIREMENTS.
        27-2619. PREEMPTION.
        27-2621. DISPOSITION OF FEES.
S 27-2601. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "CATHODE RAY TUBE" MEANS A VACUUM TUBE  OR  PICTURE  TUBE  USED  TO
CONVERT AN ELECTRONIC SIGNAL INTO A VISUAL IMAGE.

S. 7988                            11                           A. 11308

  2.  "COMPUTER" MEANS AN ELECTRONIC, MAGNETIC, OPTICAL, ELECTROCHEMICAL
OR OTHER HIGH-SPEED DATA PROCESSING DEVICE PERFORMING A LOGICAL,  ARITH-
METIC  OR  STORAGE  FUNCTION,  INCLUDING  A  LAPTOP COMPUTER AND DESKTOP
COMPUTER, AND INCLUDES ANY CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO
OR  INCORPORATED  INTO  SUCH  PRODUCT,  AND  MAY INCLUDE BOTH A COMPUTER
CENTRAL PROCESSING UNIT AND A MONITOR; BUT SUCH TERM SHALL  NOT  INCLUDE
AN  AUTOMATED TYPEWRITER OR TYPESETTER, A PORTABLE HAND-HELD CALCULATOR,
A PORTABLE DIGITAL ASSISTANT, SERVER, OR OTHER SIMILAR DEVICE.
  3. "COMPUTER PERIPHERAL" MEANS A MONITOR; ELECTRONIC  KEYBOARD;  ELEC-
TRONIC  MOUSE  OR  SIMILAR  POINTING DEVICE; FACSIMILE MACHINE, DOCUMENT
SCANNER, OR PRINTER INTENDED FOR USE WITH A COMPUTER; AND  INCLUDES  ANY
CABLE,  CORD,  OR WIRING PERMANENTLY AFFIXED TO OR INCORPORATED INTO ANY
SUCH PRODUCT.  COMPUTER PERIPHERAL SHALL NOT INCLUDE ANY DOCUMENT  SCAN-
NER OR PRINTER WHICH WEIGHS ONE HUNDRED POUNDS OR MORE.
  4.  "CONSUMER"  MEANS  A  PERSON LOCATED IN THE STATE WHO OWNS OR USES
COVERED ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO  AN  INDIVID-
UAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT CORPO-
RATION, THE STATE, A PUBLIC CORPORATION, PUBLIC SCHOOL, SCHOOL DISTRICT,
PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
OR  GOVERNMENTAL  ENTITY,  BUT  DOES NOT INCLUDE AN ENTITY INVOLVED IN A
WHOLESALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
  5. "COVERED ELECTRONIC EQUIPMENT" MEANS: A COMPUTER; COMPUTER  PERIPH-
ERAL;  SMALL ELECTRONIC EQUIPMENT; SMALL-SCALE SERVER; CATHODE RAY TUBE;
OR TELEVISION, AS DEFINED IN THIS SECTION.  "COVERED  ELECTRONIC  EQUIP-
MENT"  DOES NOT INCLUDE ANY MOTOR VEHICLE OR ANY PART THEREOF; CAMERA OR
VIDEO CAMERA; PORTABLE OR STATIONARY RADIO; HOUSEHOLD APPLIANCES SUCH AS
CLOTHES WASHERS,  CLOTHES  DRYERS,  REFRIGERATORS,  FREEZERS,  MICROWAVE
OVENS,  OVENS,  RANGES OR DISHWASHERS; EQUIPMENT THAT IS FUNCTIONALLY OR
PHYSICALLY PART OF A LARGER PIECE OF EQUIPMENT INTENDED FOR  USE  IN  AN
INDUSTRIAL,  RESEARCH AND DEVELOPMENT OR COMMERCIAL SETTING; SECURITY OR
ANTI-TERRORISM EQUIPMENT; MONITORING AND CONTROL INSTRUMENT  OR  SYSTEM;
THERMOSTAT;  HAND-HELD  TRANSCEIVER;  TELEPHONE  OF  ANY  TYPE; PORTABLE
DIGITAL ASSISTANT OR  SIMILAR  DEVICE;  CALCULATOR;  GLOBAL  POSITIONING
SYSTEM  (GPS) RECEIVER OR SIMILAR NAVIGATION DEVICE; A SERVER OTHER THAN
A SMALL-SCALE SERVER; A CASH REGISTER OR RETAIL SELF CHECKOUT SYSTEM;  A
STAND-ALONE STORAGE PRODUCT INTENDED FOR USE IN INDUSTRIAL, RESEARCH AND
DEVELOPMENT  OR  COMMERCIAL  SETTINGS; COMMERCIAL MEDICAL EQUIPMENT THAT
CONTAINS WITHIN IT A CATHODE RAY TUBE, A FLAT PANEL DISPLAY  OR  SIMILAR
VIDEO  DISPLAY  DEVICE,  AND  IS  NOT  SEPARATE FROM THE LARGER PIECE OF
EQUIPMENT; OR OTHER MEDICAL DEVICES AS THAT TERM IS  DEFINED  UNDER  THE
FEDERAL FOOD, DRUG AND COSMETIC ACT.
  6.    "ELECTRONIC  WASTE"  MEANS COVERED ELECTRONIC EQUIPMENT THAT HAS
BEEN DISCARDED OR IS NO LONGER WANTED BY ITS OWNER,  OR  FOR  ANY  OTHER
REASON  ENTERS THE WASTE COLLECTION, RECOVERY, TREATMENT, PROCESSING, OR
RECYCLING SYSTEM. FOR PURPOSES OF SECTION 27-2611 OF THIS TITLE,  "ELEC-
TRONIC  WASTE"  DOES  NOT INCLUDE THE CASE, SHELL, OR OTHER ENCLOSURE OF
COVERED ELECTRONIC EQUIPMENT FROM WHICH INCORPORATED ASSEMBLIES, SUB-AS-
SEMBLIES, COMPONENTS, MATERIALS, WIRING, CIRCUITRY AND COMMODITIES  HAVE
BEEN REMOVED.
  7.  "ELECTRONIC  WASTE COLLECTION SITE" MEANS A FACILITY AT A FIXED OR
TEMPORARY SITE AT WHICH ELECTRONIC WASTE IS ACCEPTED FROM CONSUMERS  AND
TEMPORARILY  STORED  FOR  MORE  THAN FIVE DAYS IN A CALENDAR YEAR BEFORE
SUCH WASTE IS TRANSPORTED TO AN ELECTRONIC WASTE CONSOLIDATION  FACILITY
OR  ELECTRONIC  WASTE  RECYCLING FACILITY.   ELECTRONIC WASTE COLLECTION
SITES INCLUDE, BUT ARE NOT LIMITED TO, DEDICATED  SITES  AND  FACILITIES
FOR  THE  ACCEPTANCE OF ELECTRONIC WASTE, AND RETAIL STORES AND OUTLETS,

S. 7988                            12                           A. 11308

MUNICIPAL OR PRIVATE ELECTRONIC WASTE COLLECTION SITES AND  NOT-FOR-PRO-
FIT DONATION SITES THAT HAVE AGREED TO ACCEPT ELECTRONIC WASTE.
  8.  "ELECTRONIC  WASTE  CONSOLIDATION  FACILITY" MEANS A FACILITY THAT
RECEIVES AND STORES ELECTRONIC WASTE  FOR  THE  PURPOSE  OF  ORGANIZING,
CATEGORIZING  OR  CONSOLIDATING  ITEMS  OF  ELECTRONIC WASTE BEFORE SUCH
WASTE IS TRANSPORTED TO AN ELECTRONIC WASTE  RECYCLING  FACILITY.  ELEC-
TRONIC  WASTE  CONSOLIDATION FACILITIES INCLUDE, BUT ARE NOT LIMITED TO,
FACILITIES OF BROKERS ACTING AS INTERMEDIARIES BETWEEN ELECTRONIC  WASTE
BUYERS  AND  SELLERS,  AND REGIONAL CENTERS AT WHICH ELECTRONIC WASTE IS
ORGANIZED, CATEGORIZED OR CONSOLIDATED AFTER BEING TRANSPORTED  TO  SUCH
CENTERS FROM ELECTRONIC WASTE COLLECTION SITES OR OTHER ELECTRONIC WASTE
CONSOLIDATION FACILITIES.
  9.  "ELECTRONIC  WASTE  RECYCLING  FACILITY" MEANS A FACILITY AT WHICH
ELECTRONIC WASTE IS RECYCLED.
  10. "LABEL" MEANS A MARKER ON THE SURFACE OF COVERED ELECTRONIC EQUIP-
MENT CONVEYING INFORMATION; FOR THE PURPOSES OF THIS TITLE, LABELS  MUST
BE  PERMANENT  AND CAN BE ATTACHED, PRINTED, ENGRAVED OR INCORPORATED IN
ANY OTHER PERMANENT WAY THAT IS OBVIOUS AND  VISIBLE  TO  USERS  OF  THE
PRODUCT.
  11.  "MANUFACTURER" MEANS A PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY
ASSEMBLES COVERED ELECTRONIC EQUIPMENT FOR SALE IN THE STATE; (B)  MANU-
FACTURES  COVERED ELECTRONIC EQUIPMENT UNDER ITS OWN BRAND NAME OR UNDER
ANY OTHER BRAND NAME FOR SALE IN THE STATE; (C)  SELLS,  UNDER  ITS  OWN
BRAND  NAME,  COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (D) OWNS A
BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR USE ON  COVERED  ELEC-
TRONIC  EQUIPMENT  SOLD  IN  THE  STATE;  (E) IMPORTS COVERED ELECTRONIC
EQUIPMENT FOR SALE IN THE STATE; OR (F) MANUFACTURES COVERED  ELECTRONIC
EQUIPMENT FOR SALE IN THE STATE WITHOUT AFFIXING A BRAND NAME. "MANUFAC-
TURER"  DOES NOT MEAN A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEMBLES,
AND SELLS LESS THAN ONE THOUSAND UNITS OF COVERED  ELECTRONIC  EQUIPMENT
ANNUALLY IN THIS STATE, OR WHOSE PRIMARY BUSINESS IS THE SALE OF COVERED
ELECTRONIC  EQUIPMENT  WHICH  IS  COMPRISED PRIMARILY OF REBUILT, REFUR-
BISHED OR USED COMPONENTS. IF MORE THAN ONE PERSON IS A MANUFACTURER  OF
A  BRAND  OF  COVERED  ELECTRONIC  EQUIPMENT, ANY SUCH PERSON MAY ASSUME
RESPONSIBILITY FOR OBLIGATIONS OF A MANUFACTURER  OF  THAT  BRAND  UNDER
THIS  TITLE.  IF  NONE  OF  THOSE PERSONS ASSUMES RESPONSIBILITY FOR THE
OBLIGATIONS OF A MANUFACTURER UNDER THIS TITLE, ANY AND ALL SUCH PERSONS
JOINTLY AND SEVERALLY MAY BE CONSIDERED TO BE THE  RESPONSIBLE  MANUFAC-
TURER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
  12. "MANUFACTURER'S BRANDS" MEANS A MANUFACTURER'S NAME, BRAND NAME OR
BRAND  LABEL, AND ALL MANUFACTURER'S NAMES, BRAND NAMES AND BRAND LABELS
FOR WHICH THE MANUFACTURER HAS A  LEGAL  RIGHT  OR  INTEREST,  INCLUDING
THOSE  NAMES,  BRAND NAMES, AND BRAND LABELS OF COMPANIES THAT HAVE BEEN
ACQUIRED BY THE MANUFACTURER OR IN  WHICH  THE  MANUFACTURER  ASSERTS  A
LEGAL INTEREST SUCH AS TRADEMARK, LICENSE, SERVICE MARK, OR PATENT.
  13. "MONITOR" MEANS A SEPARATE VISUAL DISPLAY COMPONENT OF A COMPUTER,
WHETHER  SOLD  SEPARATELY OR TOGETHER WITH A COMPUTER CENTRAL PROCESSING
UNIT, AND INCLUDES A CATHODE RAY TUBE, LIQUID CRYSTAL DISPLAY, GAS PLAS-
MA, DIGITAL LIGHT  PROCESSING  OR  OTHER  IMAGE  PROJECTION  TECHNOLOGY,
GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY, AND ITS CASE, INTERI-
OR WIRES AND CIRCUITRY, AND ANY CABLE CORD OR WIRING PERMANENTLY AFFIXED
THERETO OR INCORPORATED INTO SUCH PRODUCT.
  14.  "PERSON"  MEANS  ANY  INDIVIDUAL,  BUSINESS  ENTITY, PARTNERSHIP,
COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION,  ASSOCIATION,  GOVERN-
MENTAL  ENTITY,  PUBLIC  BENEFIT  CORPORATION,  PUBLIC  AUTHORITY, FIRM,

S. 7988                            13                           A. 11308

ORGANIZATION, OR ANY OTHER GROUP  OF  INDIVIDUALS,  OR  ANY  OFFICER  OR
EMPLOYEE OR AGENT THEREOF.
  15.  "RECYCLE"  MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN ELECTRONIC WASTE FOR THE  PURPOSE
OF  PREPARING  THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
IN NEW PRODUCTS OR COMPONENTS THEREOF, BUT NOT FOR  ENERGY  RECOVERY  OR
ENERGY  GENERATION  BY  MEANS  OF COMBUSTION, GASIFICATION, PYROLYSIS OR
OTHER MEANS.  RECYCLING INCLUDES THE MANUAL AND MECHANICAL SEPARATION OF
ELECTRONIC  WASTE  TO  RECOVER  MATERIALS,  COMPONENTS  OR   COMMODITIES
CONTAINED  THEREIN  FOR  THE PURPOSE OF REUSE OR RECYCLING, AND CHANGING
THE PHYSICAL OR CHEMICAL COMPOSITION OF ELECTRONIC  WASTE  TO  SEGREGATE
COMPONENTS FOR PURPOSES OF RECYCLING THOSE COMPONENTS.
  16.  "RETAILER"  MEANS A PERSON WHO SELLS COVERED ELECTRONIC EQUIPMENT
TO A PERSON IN THE STATE THROUGH ANY MEANS, INCLUDING, BUT  NOT  LIMITED
TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS,
THE  TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS. "RETAILER" DOES
NOT INCLUDE A PERSON WHO SELLS OR OFFERS FOR SALE FEWER THAN  TEN  ITEMS
OF COVERED ELECTRONIC EQUIPMENT DURING A CALENDAR YEAR.
  17.  "REUSE"  MEANS  THE  USE  OF  ELECTRONIC WASTE THAT IS TESTED AND
CERTIFIED TO BE IN GOOD WORKING ORDER AND WHICH  WAS  REMOVED  FROM  THE
WASTE STREAM FOR USE FOR THE SAME PURPOSE FOR WHICH IT WAS MANUFACTURED,
INCLUDING THE CONTINUED USE OF WHOLE SYSTEMS OR COMPONENTS.
  18.  "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY  ELECTRONIC
MEANS;  THIS INCLUDES TRANSFER OF NEW PRODUCTS OR USED PRODUCTS THAT MAY
HAVE BEEN REFURBISHED BY  THEIR  MANUFACTURER  OR  MANUFACTURER-APPROVED
PARTY  AND  THAT ARE OFFERED FOR SALE BY A MANUFACTURER OR RETAILER, BUT
DOES NOT INCLUDE CONSUMER-TO-CONSUMER  SECOND-HAND  TRANSFER.  "SELL  OR
SALE"  DOES  NOT  INCLUDE:  (A)  THE TRANSFER OF USED COVERED ELECTRONIC
EQUIPMENT OR A LEASE OF COVERED ELECTRONIC EQUIPMENT; OR  (B)  WHOLESALE
TRANSACTIONS AMONG A MANUFACTURER, WHOLESALER AND RETAILER.
  19.  "SMALL  ELECTRONIC  EQUIPMENT"  MEANS  ANY PORTABLE DIGITAL MUSIC
PLAYER THAT HAS MEMORY CAPABILITY AND IS BATTERY-POWERED, VIDEO CASSETTE
RECORDER, A DIGITAL VIDEO DISC PLAYER, DIGITAL VIDEO  RECORDER,  DIGITAL
CONVERTER  BOX, CABLE OR SATELLITE RECEIVER, OR ELECTRONIC OR VIDEO GAME
CONSOLE, AND INCLUDES ANY CABLE, CORD, OR WIRING PERMANENTLY AFFIXED  TO
OR INCORPORATED INTO ANY SUCH PRODUCT.
  20.  "SMALL-SCALE SERVER" MEANS A COMPUTER THAT TYPICALLY USES DESKTOP
COMPONENTS IN A DESKTOP FORM FACTOR, BUT IS DESIGNED PRIMARILY TO  BE  A
STORAGE HOST FOR OTHER COMPUTERS. TO BE CONSIDERED A SMALL-SCALE SERVER,
A COMPUTER MUST HAVE THE FOLLOWING CHARACTERISTICS: DESIGNED IN A PEDES-
TAL,  TOWER,  OR OTHER FORM FACTOR SIMILAR TO THOSE OF DESKTOP COMPUTERS
SUCH THAT ALL DATA  PROCESSING,  STORAGE,  AND  NETWORK  INTERFACING  IS
CONTAINED  WITHIN ONE BOX OR PRODUCT; INTENDED TO BE OPERATIONAL TWENTY-
FOUR HOURS PER DAY AND SEVEN DAYS A WEEK, AND  UNSCHEDULED  DOWNTIME  IS
EXTREMELY  LOW,  SUCH  AS  ON THE ORDER OF HOURS PER YEAR; IS CAPABLE OF
OPERATING IN A SIMULTANEOUS MULTI-USER ENVIRONMENT SERVING SEVERAL USERS
THROUGH NETWORKED CLIENT UNITS; AND DESIGNED FOR  AN  INDUSTRY  ACCEPTED
OPERATING SYSTEM FOR HOME OR LOW-END SERVER APPLICATIONS.
  21.  "TELEVISION" MEANS A DISPLAY SYSTEM CONTAINING A CATHODE RAY TUBE
OR ANY OTHER  TYPE  OF  DISPLAY  PRIMARILY  INTENDED  TO  RECEIVE  VIDEO
PROGRAMMING  VIA  BROADCAST,  CABLE  OR SATELLITE TRANSMISSION, HAVING A
VIEWABLE AREA GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY.
S 27-2603. MANUFACTURER COLLECTION; RECYCLING SURCHARGE.

S. 7988                            14                           A. 11308

  1. (A) BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN, A  MANUFACTURER  OF
COVERED  ELECTRONIC  EQUIPMENT  MUST ACCEPT FOR COLLECTION, HANDLING AND
RECYCLING OR REUSE ELECTRONIC WASTE FOR WHICH IT  IS  THE  MANUFACTURER.
SUCH WASTE SHALL COUNT TOWARD THE AMOUNT OF ELECTRONIC WASTE REQUIRED TO
BE ACCEPTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  (B)  BEGINNING  APRIL  FIRST,  TWO  THOUSAND ELEVEN, A MANUFACTURER OF
COVERED ELECTRONIC EQUIPMENT MUST ACCEPT FOR  COLLECTION,  HANDLING  AND
RECYCLING  OR  REUSE ONE PIECE OF ELECTRONIC WASTE OF ANY MANUFACTURER'S
BRAND IF OFFERED BY A CONSUMER WITH THE PURCHASE OF  COVERED  ELECTRONIC
EQUIPMENT  OF THE SAME TYPE BY A CONSUMER. SUCH WASTE SHALL COUNT TOWARD
THE AMOUNT OF THE ELECTRONIC WASTE REQUIRED TO BE ACCEPTED  PURSUANT  TO
SUBDIVISION FOUR OF THIS SECTION.
  2.  BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN, EACH MANUFACTURER MUST
ACCEPT FOR COLLECTION, HANDLING AND RECYCLING OR REUSE  THE  MANUFACTUR-
ER'S  ACCEPTANCE  STANDARD  AS  SPECIFIED  IN  SUBDIVISION  FOUR OF THIS
SECTION.
  3. STATEWIDE RECYCLING OR REUSE GOAL.  (A) FOR THE PERIOD  FROM  APRIL
FIRST,  TWO  THOUSAND ELEVEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
ELEVEN, THE STATEWIDE RECYCLING OR REUSE GOAL FOR ELECTRONIC WASTE SHALL
BE THE PRODUCT OF THE LATEST  POPULATION  ESTIMATE  FOR  THE  STATE,  AS
PUBLISHED  BY  THE  U.S. CENSUS BUREAU MULTIPLIED BY THREE POUNDS MULTI-
PLIED BY THREE-QUARTERS.
  (B) FOR CALENDAR YEAR TWO THOUSAND TWELVE, THE STATEWIDE RECYCLING  OR
REUSE  GOAL  FOR ALL ELECTRONIC WASTE SHALL BE THE PRODUCT OF THE LATEST
POPULATION ESTIMATE FOR THE STATE,  AS  PUBLISHED  BY  THE  U.S.  CENSUS
BUREAU MULTIPLIED BY FOUR POUNDS.
  (C)  FOR  CALENDAR YEAR TWO THOUSAND THIRTEEN, THE STATEWIDE RECYCLING
OR REUSE GOAL FOR ALL ELECTRONIC WASTE  SHALL  BE  THE  PRODUCT  OF  THE
LATEST  POPULATION  ESTIMATE  FOR  THE  STATE,  AS PUBLISHED BY THE U.S.
CENSUS BUREAU MULTIPLIED BY FIVE POUNDS.
  (D) FOR CALENDAR YEAR TWO THOUSAND FOURTEEN AND  ANNUALLY  THEREAFTER,
THE  STATEWIDE  RECYCLING  OR REUSE GOAL FOR ALL ELECTRONIC WASTE IS THE
PRODUCT OF THE BASE WEIGHT MULTIPLIED BY THE GOAL ATTAINMENT PERCENTAGE.
FOR THE PURPOSES OF THIS PARAGRAPH, "BASE WEIGHT" MEANS THE GREATER  OF:
(I)  THE  AVERAGE WEIGHT OF ALL ELECTRONIC WASTE COLLECTED FOR RECYCLING
OR REUSE DURING THE PREVIOUS THREE CALENDAR YEARS  AS  REPORTED  TO  THE
DEPARTMENT  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF SECTION
27-2617 OF THIS TITLE; OR (II) THE THREE YEAR AVERAGE OF THE SUM OF  ALL
ELECTRONIC  WASTE  COLLECTED  FOR RECYCLING OR REUSE DURING THE PREVIOUS
THREE CALENDAR YEARS BASED ON INFORMATION  REPORTED  TO  THE  DEPARTMENT
PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION ONE, PARAGRAPH (B) OF SUBDIVI-
SION TWO AND PARAGRAPH (B) OF SUBDIVISION THREE OF  SECTION  27-2613  OF
THIS TITLE.
  (E) THE "GOAL ATTAINMENT PERCENTAGE" MEANS:
  (I)  NINETY  PERCENT IF THE BASE WEIGHT IS LESS THAN NINETY PERCENT OF
THE STATEWIDE RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
  (II) NINETY-FIVE PERCENT IF THE  BASE  WEIGHT  IS  NINETY  PERCENT  OR
GREATER,  BUT DOES NOT EXCEED NINETY-FIVE PERCENT OF THE STATEWIDE RECY-
CLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
  (III) ONE HUNDRED PERCENT IF THE BASE WEIGHT IS NINETY-FIVE PERCENT OR
GREATER, BUT DOES NOT EXCEED ONE HUNDRED FIVE PERCENT OF  THE  STATEWIDE
RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
  (IV)  ONE  HUNDRED FIVE PERCENT IF THE BASE WEIGHT IS ONE HUNDRED FIVE
PERCENT OR GREATER, BUT DOES NOT EXCEED ONE HUNDRED TEN PERCENT  OF  THE
STATEWIDE RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR; AND

S. 7988                            15                           A. 11308

  (V)  ONE  HUNDRED  TEN  PERCENT  IF THE BASE WEIGHT IS ONE HUNDRED TEN
PERCENT OR GREATER OF THE STATEWIDE RECYCLING  OR  REUSE  GOAL  FOR  THE
PREVIOUS CALENDAR YEAR.
  4.  MANUFACTURER  ACCEPTANCE STANDARD. (A) FOR THE PERIOD APRIL FIRST,
TWO THOUSAND ELEVEN THROUGH DECEMBER THIRTY-FIRST, TWO  THOUSAND  ELEVEN
AND  ANNUALLY THEREAFTER, EACH MANUFACTURER'S ACCEPTANCE STANDARD IS THE
PRODUCT OF THE STATEWIDE RECYCLING OR REUSE GOAL  UNDER  PARAGRAPH  (A),
(B),  (C)  OR  (D) OF SUBDIVISION THREE OF THIS SECTION, AS APPROPRIATE,
MULTIPLIED BY THAT MANUFACTURER'S MARKET SHARE PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION.
  (B) EACH MANUFACTURER'S MARKET SHARE  OF  ELECTRONIC  WASTE  SHALL  BE
DETERMINED  BY  THE  DEPARTMENT  BASED  ON THE MANUFACTURER'S PERCENTAGE
SHARE OF THE TOTAL WEIGHT OF COVERED ELECTRONIC EQUIPMENT SOLD AS DETER-
MINED BY THE BEST AVAILABLE INFORMATION, INCLUDING, BUT NOT LIMITED  TO,
STATE  SALES  DATA REPORTED BY WEIGHT.  BEGINNING APRIL FIRST, TWO THOU-
SAND ELEVEN, AND EVERY CALENDAR YEAR THEREAFTER,  THE  DEPARTMENT  SHALL
PROVIDE  EACH  MANUFACTURER  WITH A DETERMINATION OF ITS MARKET SHARE OF
ELECTRONIC WASTE WHICH SHALL BE THE QUOTIENT OF THE TOTAL WEIGHT OF  THE
MANUFACTURER'S  COVERED  ELECTRONIC  EQUIPMENT  SOLD  TO PERSONS IN THIS
STATE BASED ON THE AVERAGE ANNUAL  RETAIL  SALES  DURING  THE  PRECEDING
THREE  CALENDAR YEARS, AS REPORTED UNDER SECTIONS 27-2605 AND 27-2617 OF
THIS TITLE DIVIDED BY THE TOTAL  WEIGHT  OF  ALL  MANUFACTURERS  COVERED
ELECTRONIC  EQUIPMENT SOLD TO PERSONS IN THIS STATE BASED ON THE AVERAGE
ANNUAL RETAIL SALES  DURING  THE  PRECEDING  THREE  CALENDAR  YEARS,  AS
REPORTED UNDER SECTIONS 27-2605 AND 27-2617 OF THIS TITLE.
  5.  IN  THE ABSENCE OF A WAIVER BY THE DEPARTMENT PURSUANT TO SUBDIVI-
SION THREE OF SECTION 27-2615 OF THIS TITLE, BEGINNING IN CALENDAR  YEAR
TWO THOUSAND THIRTEEN, A MANUFACTURER THAT FAILS TO MEET ITS MANUFACTUR-
ER'S  ACCEPTANCE  STANDARD FOR THE PREVIOUS CALENDAR YEAR AS REQUIRED BY
SUBDIVISION FOUR OF  THIS  SECTION  SHALL  BE  SUBJECT  TO  A  RECYCLING
SURCHARGE, DETERMINED AS FOLLOWS:
  (A)  IF  A  MANUFACTURER ACCEPTS AT LEAST NINETY PERCENT BUT LESS THAN
ONE  HUNDRED  PERCENT  OF  ITS  MANUFACTURER'S  ACCEPTANCE  STANDARD  AS
REQUIRED  BY  SUBDIVISION  FOUR  OF THIS SECTION, THE SURCHARGE SHALL BE
THIRTY CENTS MULTIPLIED BY THE NUMBER OF ADDITIONAL POUNDS OF ELECTRONIC
WASTE THAT SHOULD HAVE BEEN ACCEPTED BY SUCH MANUFACTURER.
  (B) IF A MANUFACTURER ACCEPTS AT LEAST FIFTY  PERCENT  BUT  LESS  THAN
NINETY  PERCENT OF ITS MANUFACTURER'S ACCEPTANCE STANDARD AS REQUIRED BY
SUBDIVISION FOUR OF THIS SECTION, THE SURCHARGE  SHALL  BE  FORTY  CENTS
MULTIPLIED  BY  THE NUMBER OF ADDITIONAL POUNDS OF ELECTRONIC WASTE THAT
SHOULD HAVE BEEN ACCEPTED BY SUCH MANUFACTURER.
  (C) IF A MANUFACTURER ACCEPTS LESS THAN FIFTY PERCENT OF ITS  MANUFAC-
TURER'S  ACCEPTANCE  STANDARD  AS  REQUIRED  BY SUBDIVISION FOUR OF THIS
SECTION, THE SURCHARGE SHALL BE FIFTY CENTS MULTIPLIED BY THE NUMBER  OF
ADDITIONAL  POUNDS OF ELECTRONIC WASTE THAT SHOULD HAVE BEEN ACCEPTED BY
SUCH MANUFACTURER.
  6. THE RECYCLING SURCHARGE SHALL BE PAID TO THE  DEPARTMENT  WITH  THE
ANNUAL REPORT REQUIRED PURSUANT TO SECTION 27-2617 OF THIS TITLE.
  7.  BEGINNING  WITH CALENDAR YEAR TWO THOUSAND FOURTEEN, IF A MANUFAC-
TURER ACCEPTS  MORE  THAN  ITS  MANUFACTURER'S  ACCEPTANCE  STANDARD  AS
REQUIRED  BY  SUBDIVISION FOUR OF THIS SECTION, THE EXCESS WEIGHT MAY BE
USED AS ELECTRONIC WASTE ACCEPTANCE CREDITS AND MAY BE SOLD, TRADED,  OR
BANKED  FOR  A PERIOD NO LONGER THAN THREE CALENDAR YEARS SUCCEEDING THE
YEAR IN WHICH THE CREDITS WERE EARNED; PROVIDED, HOWEVER, THAT  NO  MORE
THAN TWENTY-FIVE PERCENT OF A MANUFACTURER'S OBLIGATION FOR ANY CALENDAR

S. 7988                            16                           A. 11308

YEAR  MAY  BE  MET  WITH RECYCLING CREDITS GENERATED IN A PRIOR CALENDAR
YEAR.
S 27-2605. MANUFACTURER  ELECTRONIC  WASTE REGISTRATION AND RESPONSIBIL-
            ITIES.
  1. A MANUFACTURER SHALL SUBMIT A REGISTRATION ON A FORM PRESCRIBED  BY
THE  DEPARTMENT TO THE DEPARTMENT BY JANUARY FIRST, TWO THOUSAND ELEVEN,
ALONG WITH A REGISTRATION FEE OF FIVE THOUSAND DOLLARS.  THE  DEPARTMENT
MAY  REQUIRE  SUCH  FORM  TO  BE FILED ELECTRONICALLY. SUCH REGISTRATION
SHALL INCLUDE:
  (A) THE MANUFACTURER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
  (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR,  OR  OTHER  INDIVIDUAL
DESIGNATED AS THE MANUFACTURER'S CONTACT FOR PURPOSES OF THIS TITLE;
  (C) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
  (D) A GENERAL DESCRIPTION OF THE MANNER IN WHICH THE MANUFACTURER WILL
COMPLY  WITH  SECTION 27-2603 OF THIS TITLE, INCLUDING SPECIFIC INFORMA-
TION ON THE MANUFACTURER'S ELECTRONIC WASTE ACCEPTANCE  PROGRAM  IN  THE
STATE,  AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS
MAY RETURN ELECTRONIC WASTE;
  (E) SALES DATA REPORTED BY WEIGHT FOR THE MANUFACTURER'S COVERED ELEC-
TRONIC EQUIPMENT SOLD IN THIS STATE  FOR  THE  PREVIOUS  THREE  CALENDAR
YEARS,  CATEGORIZED  BY  TYPE  TO  THE EXTENT KNOWN. IF THE MANUFACTURER
CANNOT PROVIDE ACCURATE STATE SALES DATA, IT MUST EXPLAIN WHY SUCH  DATA
CANNOT  BE  PROVIDED,  AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS
NATIONAL SALES DATA BY WEIGHT BY THE NATIONAL  POPULATION  ACCORDING  TO
THE  MOST  RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF
THE STATE, OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
  (F) A STATEMENT DISCLOSING WHETHER: (I) ANY COVERED ELECTRONIC  DEVICE
SOLD  IN THIS STATE EXCEEDS THE MAXIMUM CONCENTRATION VALUES ESTABLISHED
FOR LEAD, MERCURY, CADMIUM, HEXAVALENT CHROMIUM,  POLYBROMINATED  BIPHE-
NYLS  (PBBS),  AND  POLYBROMINATED  DIPHENYL  ETHERS  (PBDES)  UNDER THE
RESTRICTION  OF  HAZARDOUS  SUBSTANCES  DIRECTIVE  (ROHS)  PURSUANT   TO
2002/95/EC  OF  THE  EUROPEAN  PARLIAMENT AND COUNCIL AND ANY AMENDMENTS
THERETO AND IF SO, A LISTING OF ANY COVERED ELECTRONIC EQUIPMENT THAT IS
NOT IN COMPLIANCE WITH SUCH DIRECTIVE;  OR  (II)  THE  MANUFACTURER  HAS
RECEIVED  AN  EXEMPTION  FROM ONE OR MORE OF THOSE MAXIMUM CONCENTRATION
VALUES UNDER THE ROHS DIRECTIVE THAT HAS BEEN APPROVED AND PUBLISHED  BY
THE EUROPEAN COMMISSION; AND
  (G) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
  2.  A  MANUFACTURER'S REGISTRATION IS EFFECTIVE UPON ACCEPTANCE BY THE
DEPARTMENT AND MUST BE UPDATED WITHIN THIRTY DAYS OF ANY MATERIAL CHANGE
TO THE INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
  3. ANY PERSON WHO BECOMES A MANUFACTURER ON OR  AFTER  JANUARY  FIRST,
TWO  THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING
OR OFFERING FOR SALE IN THE STATE ANY COVERED ELECTRONIC EQUIPMENT,  AND
MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
  4.  NO  LATER  THAN  APRIL  FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER
SHALL NOT SELL OR OFFER FOR  SALE  ELECTRONIC  EQUIPMENT  IN  THE  STATE
UNLESS THE MANUFACTURER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS
AN  ELECTRONIC  WASTE ACCEPTANCE PROGRAM THROUGH WHICH THE MANUFACTURER,
EITHER DIRECTLY OR THROUGH AN  AGENT  OR  DESIGNEE,  ACCEPTS  ELECTRONIC
WASTE FROM CONSUMERS IN THE STATE FOR RECYCLING.  THE MANUFACTURER SHALL
ENSURE THAT RETAILERS ARE NOTIFIED OF SUCH REGISTRATION.
  5.  THE  ELECTRONIC WASTE ACCEPTANCE PROGRAM SHALL INCLUDE, AT A MINI-
MUM:
  (A) COLLECTION, HANDLING AND RECYCLING OR REUSE  OF  ELECTRONIC  WASTE
PURSUANT  TO  SECTION  27-2603  OF  THIS TITLE IN A MANNER CONVENIENT TO

S. 7988                            17                           A. 11308

CONSUMERS. THE FOLLOWING ACCEPTANCE METHODS SHALL BE CONSIDERED  REASON-
ABLY  CONVENIENT: (I) MAIL OR SHIP BACK RETURN PROGRAMS; (II) COLLECTION
OR ACCEPTANCE EVENTS CONDUCTED BY THE MANUFACTURER OR THE MANUFACTURER'S
AGENT  OR DESIGNEE, INCLUDING EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS
OR PRIVATE PARTIES; (III) FIXED ACCEPTANCE LOCATIONS SUCH  AS  DEDICATED
ACCEPTANCE  SITES OPERATED BY THE MANUFACTURER OR ITS AGENT OR DESIGNEE;
(IV) AGREEMENTS WITH LOCAL GOVERNMENTS, RETAIL STORES, SALES OUTLETS AND
NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE AGREED TO PROVIDE FACILITIES FOR
THE COLLECTION OF ELECTRONIC WASTE; (V) COMMUNITY COLLECTION EVENTS; AND
(VI) ANY COMBINATION OF THESE OR OTHER ACCEPTANCE METHODS  WHICH  EFFEC-
TIVELY  PROVIDE  FOR THE ACCEPTANCE OF ELECTRONIC WASTE FOR RECYCLING OR
REUSE THROUGH MEANS THAT ARE  AVAILABLE  AND  REASONABLY  CONVENIENT  TO
CONSUMERS IN THE STATE. AT A MINIMUM, THE MANUFACTURER SHALL ENSURE THAT
ALL  COUNTIES  OF  THE  STATE, AND ALL MUNICIPALITIES WHICH HAVE A POPU-
LATION OF TEN THOUSAND OR GREATER, HAVE AT LEAST ONE METHOD  OF  ACCEPT-
ANCE  THAT IS AVAILABLE WITHIN SUCH COUNTY OR MUNICIPALITY.  THE DEPART-
MENT  MAY  ESTABLISH  ADDITIONAL  REQUIREMENTS  TO   ENSURE   CONVENIENT
COLLECTION FROM CONSUMERS;
  (B) INFORMATION ON HOW CONSUMERS CAN DESTROY ALL DATA ON ANY ELECTRON-
IC  WASTE,  EITHER  THROUGH  PHYSICAL  DESTRUCTION  OF THE HARD DRIVE OR
THROUGH DATA WIPING;
  (C) A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE  MANUFAC-
TURER'S ELECTRONIC WASTE ACCEPTANCE PROGRAM, INCLUDING AT A MINIMUM: (I)
AN  INTERNET WEBSITE AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFOR-
MATION INCLUDED IN THE PRODUCT MANUAL FOR, OR AT THE TIME  OF  SALE  OF,
COVERED  ELECTRONIC  EQUIPMENT  THAT  PROVIDES SUFFICIENT INFORMATION TO
ALLOW A CONSUMER OF COVERED ELECTRONIC EQUIPMENT TO LEARN HOW TO  RETURN
THE  COVERED  EQUIPMENT  FOR  RECYCLING  OR  REUSE,  AND  IN THE CASE OF
MANUFACTURERS OF COMPUTERS, HARD DRIVES  AND  OTHER  COVERED  ELECTRONIC
EQUIPMENT THAT HAVE INTERNAL MEMORY ON WHICH PERSONAL OR OTHER CONFIDEN-
TIAL DATA CAN BE STORED, SUCH WEBSITE SHALL PROVIDE INSTRUCTIONS FOR HOW
CONSUMERS  CAN  DESTROY  SUCH  DATA BEFORE SURRENDERING THE PRODUCTS FOR
RECYCLING OR REUSE; (II) ADVERTISEMENTS AND PRESS RELEASES IF ANY; AND
  (D) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN  ACCORDANCE
WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
  6. A MANUFACTURER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH
THIS  TITLE  AND  MAKE  THEM  AVAILABLE  FOR AUDIT AND INSPECTION BY THE
DEPARTMENT FOR A PERIOD OF THREE YEARS.
  7. A MANUFACTURER MAY SATISFY THE ELECTRONIC WASTE COLLECTION REQUIRE-
MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A  COLLECTIVE  ELEC-
TRONIC  WASTE  ACCEPTANCE  PROGRAM  WITH  OTHER  MANUFACTURERS. ANY SUCH
COLLECTIVE ELECTRONIC  WASTE  ACCEPTANCE  PROGRAM  MUST  MEET  THE  SAME
REQUIREMENTS  AS  AN  INDIVIDUAL MANUFACTURER. ANY COLLECTIVE ELECTRONIC
WASTE ACCEPTANCE PROGRAM MUST INCLUDE A LIST OF MANUFACTURERS  THAT  ARE
PARTICIPATING  IN  SUCH PROGRAM ALONG WITH OTHER IDENTIFYING INFORMATION
AS MAY BE REQUIRED BY THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGIS-
TRATION TO THE DEPARTMENT ALONG WITH A REGISTRATION FEE OF TEN  THOUSAND
DOLLARS.
  8.  A  MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH
THE IMPLEMENTATION OF THE ELECTRONIC  WASTE  ACCEPTANCE  PROGRAM.    THE
MANUFACTURER SHALL NOT CHARGE CONSUMERS FOR THE COLLECTION, HANDLING AND
RECYCLING  AND REUSE OF ELECTRONIC WASTE, PROVIDED THAT SUCH PROHIBITION
SHALL NOT APPLY TO A CHARGE ON BUSINESS  CONSUMERS  OR  TO  CHARGES  FOR
PREMIUM  SERVICES.  THIS PROHIBITION SHALL NOT APPLY TO A MANUFACTURER'S
CONTRACT WITH A CONSUMER FOR  THE  COLLECTION,  HANDLING,  RECYCLING  OR
REUSE  OF  ELECTRONIC WASTE THAT WAS ENTERED INTO PRIOR TO THE EFFECTIVE

S. 7988                            18                           A. 11308

DATE OF THIS  SECTION.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "BUSINESS
CONSUMER"  MEANS  A  FOR-PROFIT ENTITY WHICH HAS FIFTY OR MORE FULL TIME
EMPLOYEES OR A NOT-FOR-PROFIT CORPORATION WITH SEVENTY-FIVE OR MORE FULL
TIME  EMPLOYEES,  BUT  NOT A NOT-FOR-PROFIT CORPORATION DESIGNATED UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE.  FOR  PURPOSES  OF  THIS
SUBDIVISION,  "PREMIUM  SERVICES"  MEANS  EQUIPMENT  AND  DATA  SECURITY
SERVICES, REFURBISHMENT FOR REUSE BY  THE  CONSUMER,  AND  OTHER  CUSTOM
SERVICES AS MAY BE DETERMINED BY THE DEPARTMENT.
S 27-2607. RETAILER REQUIREMENTS.
  1. AT THE LOCATION OF SALE OF COVERED ELECTRONIC EQUIPMENT, A RETAILER
SHALL  PROVIDE  PURCHASERS OF COVERED ELECTRONIC EQUIPMENT WITH INFORMA-
TION, IF ANY, ABOUT OPPORTUNITIES FOR THE  RETURN  OF  ELECTRONIC  WASTE
THAT HAS BEEN PROVIDED TO THE RETAILER BY A MANUFACTURER.
  2.  BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN, NO RETAILER SHALL SELL
OR OFFER FOR SALE IN THE STATE ANY COVERED ELECTRONIC  EQUIPMENT  UNLESS
THE  MANUFACTURER  AND THE MANUFACTURER'S BRANDS ARE REGISTERED WITH THE
DEPARTMENT PURSUANT TO SECTION 27-2605 OF THIS TITLE.   IF THE  RETAILER
PURCHASED  COVERED ELECTRONIC EQUIPMENT FROM A MANUFACTURER WHO FAILS TO
REGISTER BY JANUARY FIRST, TWO THOUSAND ELEVEN, OR PRIOR TO THE DATE THE
MANUFACTURER WITHDREW ITS REGISTRATION OR THE REGISTRATION  WAS  REVOKED
BY  THE  DEPARTMENT, THE RETAILER MAY CONTINUE TO SELL THE COVERED ELEC-
TRONIC EQUIPMENT FOR ONE HUNDRED EIGHTY  DAYS  AFTER  APRIL  FIRST,  TWO
THOUSAND ELEVEN, OR THE DATE THE REGISTRATION WAS WITHDRAWN OR REVOKED.
S 27-2609. LABELING.
  BEGINNING  APRIL  FIRST,  TWO  THOUSAND ELEVEN, A MANUFACTURER MAY NOT
OFFER FOR SALE IN THE STATE OR DELIVER TO RETAILERS FOR SUBSEQUENT  SALE
COVERED  ELECTRONIC  EQUIPMENT  UNLESS IT HAS A VISIBLE, PERMANENT LABEL
CLEARLY IDENTIFYING THE MANUFACTURER OF THAT EQUIPMENT.
S 27-2611. DISPOSAL BAN.
  1. BEGINNING  APRIL  FIRST,  TWO  THOUSAND  ELEVEN,  NO  MANUFACTURER,
RETAILER,  OR  OWNER OR OPERATOR OF AN ELECTRONIC WASTE COLLECTION SITE,
ELECTRONIC WASTE CONSOLIDATION FACILITY OR  ELECTRONIC  WASTE  RECYCLING
FACILITY IN THE STATE SHALL DISPOSE OF ELECTRONIC WASTE AT A SOLID WASTE
MANAGEMENT  FACILITY  OR  HAZARDOUS  WASTE MANAGEMENT FACILITY, OR PLACE
ELECTRONIC WASTE FOR COLLECTION WHICH IS  INTENDED  FOR  DISPOSAL  AT  A
SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY.
  2.  BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, NO PERSON EXCEPT FOR
AN INDIVIDUAL OR HOUSEHOLD SHALL PLACE  OR  DISPOSE  OF  ANY  ELECTRONIC
WASTE  IN ANY SOLID WASTE MANAGEMENT FACILITY, OR PLACE ELECTRONIC WASTE
FOR COLLECTION WHICH IS INTENDED FOR DISPOSAL AT A SOLID  WASTE  MANAGE-
MENT  FACILITY  OR  HAZARDOUS  WASTE  MANAGEMENT FACILITY IN THIS STATE.
PERSONS ENGAGED IN THE COLLECTION OF SOLID WASTE FOR DELIVERY TO A SOLID
WASTE MANAGEMENT FACILITY SHALL PROVIDE WRITTEN INFORMATION TO USERS  OF
SUCH  FACILITY  ON  THE  PROPER  METHODS FOR THE RECYCLING OF ELECTRONIC
WASTE.
  3. BEGINNING JANUARY FIRST, TWO THOUSAND  FIFTEEN,  NO  INDIVIDUAL  OR
HOUSEHOLD  SHALL  PLACE  OR DISPOSE OF ANY ELECTRONIC WASTE IN ANY SOLID
WASTE MANAGEMENT FACILITY, OR  PLACE  ELECTRONIC  WASTE  FOR  COLLECTION
WHICH  IS  INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR
HAZARDOUS WASTE MANAGEMENT FACILITY IN THIS STATE.
  4. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, AN OWNER OR  OPERATOR
OF  A  SOLID  WASTE  MANAGEMENT  FACILITY  OR HAZARDOUS WASTE MANAGEMENT
FACILITY SHALL EDUCATE USERS OF SUCH FACILITY ON THE PROPER METHODS  FOR
THE MANAGEMENT OF ELECTRONIC WASTE. SUCH EDUCATION SHALL INCLUDE:
  (A)  PROVIDING  WRITTEN  INFORMATION  TO USERS OF SUCH FACILITY ON THE
PROPER METHODS FOR RECYCLING OF ELECTRONIC WASTE; AND

S. 7988                            19                           A. 11308

  (B) POSTING, IN CONSPICUOUS LOCATIONS AT SUCH FACILITY, SIGNS  STATING
THAT ELECTRONIC WASTE MAY NOT BE DISPOSED OF AT THE FACILITY.
S 27-2613. ELECTRONIC WASTE COLLECTION, CONSOLIDATION AND RECYCLING.
  1.  ELECTRONIC  WASTE COLLECTION SITES.   NO LATER THAN JANUARY FIRST,
TWO THOUSAND ELEVEN, EACH PERSON WHO  OWNS  OR  OPERATES  AN  ELECTRONIC
WASTE COLLECTION SITE IN THE STATE SHALL:
  (A)  REGISTER  WITH THE DEPARTMENT ON A FORM PRESCRIBED BY THE DEPART-
MENT.  THE DEPARTMENT MAY REQUIRE SUCH FORM TO BE FILED  ELECTRONICALLY.
THE  REGISTRATION  SHALL  INCLUDE:  (I) THE NAME, ADDRESS, AND TELEPHONE
NUMBER  OF  THE  OWNERS  AND  THE  OPERATORS  OF  THE  ELECTRONIC  WASTE
COLLECTION SITE; AND (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
ELECTRONIC WASTE COLLECTION SITE. ANY PERSON WHO COMMENCES THE OPERATION
OF  AN  ELECTRONIC  WASTE COLLECTION SITE ON OR AFTER JANUARY FIRST, TWO
THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST THIRTY  DAYS
PRIOR  TO  RECEIVING  ANY  ELECTRONIC  WASTE  AT SUCH COLLECTION SITE. A
REGISTRATION IS EFFECTIVE UPON ACCEPTANCE BY THE DEPARTMENT. IN THE CASE
OF COLLECTION SITES OPERATED BY A RETAILER, A SINGLE REGISTRATION  LIST-
ING THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE INDIVIDUAL COLLECTION
SITES MAY BE SUBMITTED COVERING ALL THEIR COLLECTION SITES;
  (B)  BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, EACH PERSON OPERATING
AN ELECTRONIC WASTE COLLECTION SITE SHALL SUBMIT TO  THE  DEPARTMENT  AN
ANNUAL REPORT FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND ELEVEN THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN AND EACH CALENDAR YEAR THERE-
AFTER,  ON  A  FORM  PRESCRIBED  BY THE DEPARTMENT.   THE DEPARTMENT MAY
REQUIRE ANNUAL REPORTS TO BE FILED ELECTRONICALLY. ANNUAL REPORTS  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION: (I) THE QUAN-
TITY,  BY  WEIGHT,  OF  ELECTRONIC  WASTE RECEIVED FROM CONSUMERS IN THE
STATE; (II) THE NAME AND ADDRESS OF EACH PERSON TO WHOM  THE  ELECTRONIC
WASTE COLLECTION SITE SENT ELECTRONIC WASTE DURING THE REPORTING PERIOD,
ALONG WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE THAT WAS SENT TO
EACH  SUCH PERSON; AND (III) THE WEIGHT OF ELECTRONIC WASTE COLLECTED ON
BEHALF OF OR PURSUANT TO AN AGREEMENT WITH EACH MANUFACTURER DURING  THE
REPORTING  PERIOD.  ALL  QUANTITIES  OF ELECTRONIC WASTE REPORTED BY THE
COLLECTION SITE MUST SEPARATELY INCLUDE ELECTRONIC  WASTE  GENERATED  BY
NEW  YORK  STATE CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED
OUTSIDE THE STATE;
  (C) MANAGE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH ALL  APPLI-
CABLE LAWS, RULES AND REGULATIONS;
  (D)  STORE  ELECTRONIC  WASTE  (I) IN A FULLY ENCLOSED BUILDING WITH A
ROOF, FLOOR AND WALLS, OR (II) IN A SECURE CONTAINER (E.G.,  PACKAGE  OR
VEHICLE),  THAT  IS  CONSTRUCTED  AND MAINTAINED TO MINIMIZE BREAKAGE OF
ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS  TO  THE
ENVIRONMENT;
  (E)  REMOVE  ELECTRONIC  WASTE  FROM  THE  SITE WITHIN ONE YEAR OF THE
WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING  COMPLI-
ANCE WITH THIS REQUIREMENT.
  2. ELECTRONIC WASTE CONSOLIDATION FACILITIES.  (A) NO LATER THAN JANU-
ARY  FIRST,  TWO THOUSAND ELEVEN, EACH PERSON WHO OPERATES AN ELECTRONIC
WASTE CONSOLIDATION FACILITY  IN  THE  STATE  SHALL  REGISTER  WITH  THE
DEPARTMENT  ON  A FORM PRESCRIBED BY THE DEPARTMENT.  THE DEPARTMENT MAY
REQUIRE SUCH FORM TO BE FILED ELECTRONICALLY.   THE  REGISTRATION  SHALL
INCLUDE: (I) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE
OPERATOR  OF  THE  FACILITY;  AND  (II)  THE NAME, ADDRESS AND TELEPHONE
NUMBER OF THE ELECTRONIC WASTE CONSOLIDATION FACILITY.  ANY  PERSON  WHO
COMMENCES THE OPERATION OF AN ELECTRONIC WASTE CONSOLIDATION FACILITY ON
OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND ELEVEN SHALL REGISTER WITH THE

S. 7988                            20                           A. 11308

DEPARTMENT AT LEAST THIRTY DAYS PRIOR TO RECEIVING ANY ELECTRONIC WASTE.
A REGISTRATION IS EFFECTIVE  UPON  ACCEPTANCE  BY  THE  DEPARTMENT.  ANY
REGISTRATION REQUIRED BY THIS PARAGRAPH SHALL BE ACCOMPANIED BY A REGIS-
TRATION FEE OF TWO HUNDRED FIFTY DOLLARS.
  (B)  BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, EACH PERSON OPERATING
AN ELECTRONIC WASTE CONSOLIDATION FACILITY SHALL SUBMIT TO  THE  DEPART-
MENT AN ANNUAL REPORT FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND ELEVEN
THROUGH  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND ELEVEN AND EACH CALENDAR
YEAR THEREAFTER, ON A FORM PRESCRIBED BY THE DEPARTMENT.  THE DEPARTMENT
MAY REQUIRE ANNUAL REPORTS TO BE FILED  ELECTRONICALLY.  ANNUAL  REPORTS
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION: (I) THE
NAME AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION SITE FROM WHICH THE
CONSOLIDATION  FACILITY  RECEIVED  ELECTRONIC WASTE DURING THE REPORTING
PERIOD, ALONG WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED
FROM EACH COLLECTION SITE; (II) THE NAME AND ADDRESS OF EACH  PERSON  TO
WHOM  THE  ELECTRONIC WASTE CONSOLIDATION FACILITY SENT ELECTRONIC WASTE
DURING THE REPORTING PERIOD, ALONG WITH  THE  QUANTITY,  BY  WEIGHT,  OF
ELECTRONIC  WASTE THAT WAS SENT TO EACH SUCH PERSON; (III) THE WEIGHT OF
ELECTRONIC WASTE COLLECTED ON BEHALF OF OR PURSUANT TO AN AGREEMENT WITH
EACH MANUFACTURER DURING THE REPORTING PERIOD; AND (IV) A  CERTIFICATION
BY  THE OWNER OR OPERATOR OF THE ELECTRONIC WASTE CONSOLIDATION FACILITY
THAT SUCH A FACILITY HAS COMPLIED WITH THE REQUIREMENTS  OF  THIS  TITLE
AND ALL OTHER APPLICABLE LAWS, RULES, AND REGULATIONS. ALL QUANTITIES OF
ELECTRONIC  WASTE REPORTED BY THE CONSOLIDATION FACILITY MUST SEPARATELY
INCLUDE ELECTRONIC WASTE GENERATED BY NEW YORK STATE CONSUMERS AND ELEC-
TRONIC WASTE RECEIVED FROM OR SHIPPED OUTSIDE THE STATE.
  (C) EACH PERSON OPERATING AN ELECTRONIC WASTE  CONSOLIDATION  FACILITY
SHALL:
  (I)  MANAGE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH ALL APPLI-
CABLE LAWS, RULES AND REGULATIONS;
  (II) STORE ELECTRONIC WASTE (A) IN A FULLY ENCLOSED  BUILDING  WITH  A
ROOF,  FLOOR  AND  WALLS, OR (B) IN A SECURE CONTAINER (E.G., PACKAGE OR
VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED  TO  MINIMIZE  BREAKAGE  OF
ELECTRONIC  WASTE  AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
ENVIRONMENT;
  (III) HAVE A MEANS TO CONTROL ENTRY,  AT  ALL  TIMES,  TO  THE  ACTIVE
PORTION OF THE FACILITY;
  (IV) INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAG-
ING  ELECTRONIC WASTE ABOUT THE PROPER HANDLING AND EMERGENCY PROCEDURES
APPROPRIATE TO THE TYPE OR TYPES OF  ELECTRONIC  WASTE  HANDLED  AT  THE
FACILITY;
  (V)  REMOVE  ELECTRONIC  WASTE  FROM  THE  SITE WITHIN ONE YEAR OF THE
WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING  COMPLI-
ANCE WITH THIS REQUIREMENT; AND
  (VI)  MAINTAIN  THE RECORDS REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION AND BY SUBPARAGRAPH (V) OF THIS PARAGRAPH ON SITE  AND  MAKE
THEM  AVAILABLE  FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD
OF THREE YEARS.
  (D) A PERSON OPERATING  AN  ELECTRONIC  WASTE  CONSOLIDATION  FACILITY
SHALL  NOT  ENGAGE  IN  ELECTRONIC WASTE RECYCLING UNLESS SUCH PERSON IS
ALSO REGISTERED AS AN ELECTRONIC WASTE RECYCLING FACILITY, AND  COMPLIES
WITH  THE  REQUIREMENTS OF THIS SECTION THAT ARE APPLICABLE TO EACH TYPE
OF FACILITY.
  (E) A PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY  MAY
ACCEPT  ELECTRONIC  WASTE  IN  THE  SAME  MANNER  AS AN ELECTRONIC WASTE
COLLECTION SITE PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS

S. 7988                            21                           A. 11308

OF THIS SECTION THAT  ARE  APPLICABLE  TO  ELECTRONIC  WASTE  COLLECTION
SITES.
  3.  ELECTRONIC  WASTE  RECYCLING FACILITIES. (A) NO LATER THAN JANUARY
FIRST, TWO THOUSAND ELEVEN, EACH PERSON OPERATING  AN  ELECTRONIC  WASTE
RECYCLING  FACILITY IN THE STATE SHALL REGISTER WITH THE DEPARTMENT ON A
FORM PRESCRIBED BY THE DEPARTMENT.  THE DEPARTMENT MAY REQUIRE SUCH FORM
TO BE FILED ELECTRONICALLY.   THE REGISTRATION SHALL  INCLUDE:  (I)  THE
NAME,  ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE OPERATOR OF THE
FACILITY; AND (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE  ELEC-
TRONIC  WASTE RECYCLING FACILITY. ANY PERSON WHO COMMENCES THE OPERATION
OF AN ELECTRONIC WASTE RECYCLING FACILITY ON OR AFTER JANUARY FIRST, TWO
THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST THIRTY  DAYS
PRIOR  TO  RECEIVING  ANY  ELECTRONIC WASTE. A REGISTRATION IS EFFECTIVE
UPON ACCEPTANCE BY THE DEPARTMENT. ANY  REGISTRATION  REQUIRED  BY  THIS
PARAGRAPH  SHALL  BE  ACCOMPANIED  BY  A REGISTRATION FEE OF TWO HUNDRED
FIFTY DOLLARS.
  (B) BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, EACH PERSON  OPERATING
AN ELECTRONIC WASTE RECYCLING FACILITY SHALL SUBMIT TO THE DEPARTMENT AN
ANNUAL REPORT FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND ELEVEN THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN AND EACH CALENDAR YEAR THERE-
AFTER,  ON  A  FORM  PRESCRIBED  BY THE DEPARTMENT.   THE DEPARTMENT MAY
REQUIRE ANNUAL REPORTS TO BE FILED ELECTRONICALLY. ANNUAL REPORTS  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION: (I) THE QUAN-
TITY,  BY  WEIGHT,  OF  ELECTRONIC  WASTE RECEIVED FROM CONSUMERS IN THE
STATE; (II) THE NAME AND ADDRESS OF  EACH  ELECTRONIC  WASTE  COLLECTION
SITE  AND  ELECTRONIC WASTE CONSOLIDATION FACILITY FROM WHICH ELECTRONIC
WASTE WAS RECEIVED DURING THE REPORTING PERIOD, ALONG WITH THE QUANTITY,
BY WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM EACH PERSON; (III) THE NAME
AND ADDRESS OF EACH PERSON TO WHOM THE FACILITY SENT ELECTRONIC WASTE OR
COMPONENT MATERIALS DURING THE REPORTING PERIOD, ALONG WITH THE  QUANTI-
TY,  BY  WEIGHT, OF ELECTRONIC WASTE OR COMPONENT MATERIALS THEREOF SENT
TO EACH SUCH PERSON; (IV) THE WEIGHT OF ELECTRONIC  WASTE  COLLECTED  ON
BEHALF  OF OR PURSUANT TO AN AGREEMENT WITH EACH MANUFACTURER DURING THE
REPORTING PERIOD; AND (V) A CERTIFICATION BY THE OWNER  OR  OPERATOR  OF
THE  FACILITY  THAT  SUCH FACILITY HAS COMPLIED WITH THE REQUIREMENTS OF
THIS TITLE AND ALL OTHER APPLICABLE LAWS, RULES,  AND  REGULATIONS.  ALL
QUANTITIES  OF  ELECTRONIC WASTE REPORTED BY THE RECYCLING FACILITY MUST
SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY NEW YORK STATE  CONSUM-
ERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED OUTSIDE THE STATE.
  (C)  EACH  PERSON  OPERATING  AN  ELECTRONIC  WASTE RECYCLING FACILITY
SHALL:
  (I) MANAGE AND RECYCLE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH
ALL APPLICABLE LAWS, RULES AND REGULATIONS;
  (II) STORE ELECTRONIC WASTE (A) IN A FULLY ENCLOSED  BUILDING  WITH  A
ROOF,  FLOOR  AND  WALLS, OR (B) IN A SECURE CONTAINER (E.G., PACKAGE OR
VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED  TO  MINIMIZE  BREAKAGE  OF
ELECTRONIC  WASTE  AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
ENVIRONMENT;
  (III) HAVE A MEANS TO CONTROL ENTRY, AT ALL TIMES,  THROUGH  GATES  OR
OTHER ENTRANCES TO THE ACTIVE PORTION OF THE FACILITY;
  (IV) INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAG-
ING  ELECTRONIC  WASTE  ABOUT  PROPER  HANDLING AND EMERGENCY PROCEDURES
APPROPRIATE TO THE TYPE OR TYPES OF  ELECTRONIC  WASTE  HANDLED  AT  THE
FACILITY;

S. 7988                            22                           A. 11308

  (V)  REMOVE  ELECTRONIC  WASTE  FROM  THE  SITE WITHIN ONE YEAR OF THE
WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING  COMPLI-
ANCE WITH THIS REQUIREMENT; AND
  (VI)  MAINTAIN  THE RECORDS REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION AND BY SUBPARAGRAPH (V) OF THIS PARAGRAPH ON SITE  AND  MAKE
THEM  AVAILABLE  FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD
OF THREE YEARS.
  (D) A PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY MAY ALSO
OPERATE SUCH FACILITY AS  AN  ELECTRONIC  WASTE  CONSOLIDATION  FACILITY
PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS OF THIS SECTION
THAT  ARE APPLICABLE TO EACH TYPE OF FACILITY. WHERE A FACILITY IS OPER-
ATED FOR BOTH PURPOSES, ONLY ONE REGISTRATION FEE MUST BE PAID.
  (E) A PERSON OPERATING AN  ELECTRONIC  WASTE  RECYCLING  FACILITY  MAY
ACCEPT  ELECTRONIC  WASTE  IN  THE  SAME  MANNER  AS AN ELECTRONIC WASTE
COLLECTION SITE PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION THAT  ARE  APPLICABLE  TO  ELECTRONIC  WASTE  COLLECTION
SITES.
  4.  EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, NO MANUFACTURER OR
PERSON OPERATING AN ELECTRONIC WASTE COLLECTION SITE,  ELECTRONIC  WASTE
CONSOLIDATION FACILITY OR ELECTRONIC WASTE RECYCLING FACILITY SHALL HAVE
ANY RESPONSIBILITY OR LIABILITY FOR ANY DATA IN ANY FORM STORED ON ELEC-
TRONIC  WASTE  SURRENDERED  FOR  RECYCLING  OR REUSE, UNLESS SUCH PERSON
MISUSES OR  KNOWINGLY  AND  INTENTIONALLY,  OR  WITH  GROSS  NEGLIGENCE,
DISCLOSES  THE  DATA.  THIS PROVISION SHALL NOT PROHIBIT ANY SUCH PERSON
FROM ENTERING INTO AGREEMENTS THAT PROVIDE FOR THE DESTRUCTION  OF  DATA
ON COVERED ELECTRONIC EQUIPMENT.
S 27-2615. DEPARTMENT RESPONSIBILITIES.
  1.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE.   AT  A  MINIMUM,  THE
DEPARTMENT  SHALL  PROMULGATE  RULES AND REGULATIONS ON:   STANDARDS FOR
REUSE; ELECTRONIC WASTE ACCEPTANCE CREDITS;  WAIVERS  OF  THE  RECYCLING
SURCHARGE;  AND  ACCEPTABLE ALTERNATIVE METHODS FOR THE DETERMINATION OF
STATE SALES DATA.
  2. THE DEPARTMENT SHALL (A) MAINTAIN A LIST OF MANUFACTURERS  WHO  ARE
REGISTERED  PURSUANT  TO  SECTION  27-2605 OF THIS TITLE, (B) MAINTAIN A
LIST OF EACH SUCH MANUFACTURER'S BRANDS, AND (C) POST SUCH LISTS ON  THE
DEPARTMENT'S WEBSITE.
  3.  THE  DEPARTMENT  MAY  WAIVE  THE  RECYCLING SURCHARGE PAYABLE BY A
MANUFACTURER UNDER THIS TITLE WHEN THE MANUFACTURER DEMONSTRATES  IN  AN
APPLICATION  TO  THE  DEPARTMENT  IT  WAS UNABLE TO ACCEPT THE WEIGHT OF
ELECTRONIC WASTE REQUIRED BY SECTION 27-2603 OF THIS TITLE  DESPITE  THE
MANUFACTURER'S  BEST  EFFORTS.  THE  APPLICATION  SHALL BE MADE WITH THE
ANNUAL REPORT REQUIRED BY SECTION 27-2617 OF THIS TITLE. THE APPLICATION
SHALL INCLUDE SUCH INFORMATION AS  THE  DEPARTMENT  REQUIRES.  A  WAIVER
PROVIDED  PURSUANT  TO THIS SUBDIVISION SHALL NOT RELIEVE A MANUFACTURER
FROM THE OBLIGATION TO COMPLY WITH THE  PROVISIONS  OF  THIS  TITLE  NOT
SPECIFICALLY ADDRESSED IN SUCH WAIVER.
S 27-2617. REPORTING REQUIREMENTS.
  1. BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, FOR THE PERIOD OF APRIL
FIRST,  TWO  THOUSAND ELEVEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
ELEVEN AND EACH CALENDAR YEAR THEREAFTER,  A  MANUFACTURER  THAT  OFFERS
COVERED  ELECTRONIC  EQUIPMENT  FOR  SALE  IN  THIS STATE SHALL SUBMIT A
REPORT TO THE DEPARTMENT ON A FORM PRESCRIBED  BY  THE  DEPARTMENT  THAT
INCLUDES THE FOLLOWING:
  (A) SALES DATA REPORTED BY WEIGHT FOR THE MANUFACTURER'S COVERED ELEC-
TRONIC  EQUIPMENT  SOLD  IN  THIS  STATE FOR THE PREVIOUS THREE CALENDAR

S. 7988                            23                           A. 11308

YEARS, CATEGORIZED BY TYPE TO THE  EXTENT  KNOWN.  IF  THE  MANUFACTURER
CANNOT  PROVIDE ACCURATE STATE SALES DATA, IT MUST EXPLAIN WHY SUCH DATA
CANNOT BE PROVIDED, AND ESTIMATE STATE SALES DATA BY  (I)  DIVIDING  ITS
NATIONAL  SALES  DATA  BY WEIGHT BY THE NATIONAL POPULATION ACCORDING TO
THE MOST RECENT CENSUS AND MULTIPLYING THE RESULT BY THE  POPULATION  OF
THE STATE, OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
  (B) THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE COLLECTED FOR RECYCL-
ING OR REUSE IN THIS STATE, CATEGORIZED BY THE TYPE OF COVERED ELECTRON-
IC  EQUIPMENT COLLECTED DURING THE REPORTING PERIOD, THE METHODS USED TO
ACCEPT THE ELECTRONIC WASTE, AND THE APPROXIMATE  WEIGHT  OF  ELECTRONIC
WASTE ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
  (C)  ALL  QUANTITIES  OF ELECTRONIC WASTE REPORTED BY THE MANUFACTURER
MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED  BY  NEW  YORK  STATE
CONSUMERS  AND  ELECTRONIC  WASTE  RECEIVED  FROM OR SHIPPED OUTSIDE THE
STATE: (I) THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED DIRECT-
LY FROM CONSUMERS IN THE STATE THROUGH A MAIL  BACK  PROGRAM;  (II)  THE
NAME  AND  ADDRESS  OF EACH ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC
WASTE CONSOLIDATION FACILITY, AND ELECTRONIC WASTE RECYCLING FACILITY AT
WHICH ELECTRONIC WASTE FROM CONSUMERS WAS  RECEIVED  ON  BEHALF  OF  THE
MANUFACTURER  DURING  THE  REPORTING PERIOD, ALONG WITH THE QUANTITY, BY
WEIGHT, OF ELECTRONIC WASTE RECEIVED; AND (III) THE NAME AND ADDRESS  OF
EACH  PERSON TO WHOM THE MANUFACTURER SENT ELECTRONIC WASTE OR COMPONENT
MATERIALS DURING THE REPORTING  PERIOD,  ALONG  WITH  THE  QUANTITY,  BY
WEIGHT,  OF ELECTRONIC WASTE OR COMPONENT MATERIALS THEREOF SENT TO EACH
SUCH PERSON;
  (D) THE NUMBER OF ELECTRONIC WASTE ACCEPTANCE CREDITS PURCHASED, SOLD,
BANKED AND TRADED DURING THE REPORTING PERIOD, THE NUMBER OF  ELECTRONIC
WASTE  ACCEPTANCE  CREDITS  USED  TO  MEET  THE  REQUIREMENTS OF SECTION
27-2603 OF THIS TITLE, AND FROM WHOM THEY WERE  PURCHASED  AND  TO  WHOM
THEY  WERE SOLD OR TRADED, AND THE NUMBER OF ELECTRONIC WASTE ACCEPTANCE
CREDITS RETAINED AS OF THE DATE OF THE REPORT;
  (E) THE AMOUNT OF ANY RECYCLING SURCHARGE OWED FOR THE REPORTING PERI-
OD, WITH SUFFICIENT INFORMATION TO DEMONSTRATE THE BASIS FOR THE  CALCU-
LATION OF THE SURCHARGE;
  (F)  THE  NAMES AND LOCATIONS OF ELECTRONIC WASTE RECYCLING FACILITIES
UTILIZED BY THE MANUFACTURER AND ENTITIES TO WHICH ELECTRONIC  WASTE  IS
SENT  FOR  REUSE,  WHETHER  IN THE STATE OR OUTSIDE THE STATE, INCLUDING
DETAILS ON THE METHODS OF RECYCLING OR REUSE OF  ELECTRONIC  WASTE,  ANY
DISASSEMBLY  OR  PHYSICAL RECOVERY OPERATION USED, AND THE ENVIRONMENTAL
MANAGEMENT MEASURES IMPLEMENTED BY SUCH RECYCLING FACILITY OR ENTITY;
  (G) INFORMATION DETAILING THE ACCEPTANCE  METHODS  MADE  AVAILABLE  TO
CONSUMERS  IN MUNICIPALITIES WHICH HAVE A POPULATION OF GREATER THAN TEN
THOUSAND AND IN EACH COUNTY OF THE STATE TO  MEET  THE  REQUIREMENTS  OF
PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION 27-2605 OF THIS TITLE;
  (H)  A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM INCLUDING THE
NUMBER OF VISITS TO THE INTERNET WEBSITE  AND  CALLS  TO  THE  TOLL-FREE
TELEPHONE  NUMBER  PROVIDED  BY  THE MANUFACTURER AS REQUIRED BY SECTION
27-2605 OF THIS TITLE;
  (I) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
  (J) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
THE ACCURACY OF THE REPORT.
  2. THE DEPARTMENT MAY REQUIRE ANNUAL REPORTS  TO  BE  FILED  ELECTRON-
ICALLY.
  3. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
THOUSAND  DOLLARS,  AND  ANY RECYCLING SURCHARGE DUE PURSUANT TO SECTION
27-2603 OF THIS TITLE.

S. 7988                            24                           A. 11308

  4. THE DEPARTMENT SHALL SUBMIT A REPORT ON IMPLEMENTATION OF THE TITLE
IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL FIRST, TWO  THOU-
SAND  TWELVE AND EVERY TWO YEARS THEREAFTER. THE REPORT MUST INCLUDE, AT
A MINIMUM, AN EVALUATION OF:
  (A) THE ELECTRONIC WASTE STREAM IN THE STATE;
  (B)  RECYCLING  AND  REUSE  RATES  IN THE STATE FOR COVERED ELECTRONIC
EQUIPMENT;
  (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
MENTS OF THIS TITLE;
  (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE; AND
  (E) A DISCUSSION OF OPPORTUNITIES  FOR  BUSINESS  DEVELOPMENT  IN  THE
STATE  RELATED  TO THE ACCEPTANCE, COLLECTION, HANDLING AND RECYCLING OR
REUSE OF ELECTRONIC EQUIPMENT IN THIS STATE.
S 27-2619. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO ELECTRONIC WASTE  RECYCLING,
INCLUDING  BUT  NOT LIMITED TO THE OBLIGATIONS OF MANUFACTURERS, RETAIL-
ERS, ELECTRONIC WASTE COLLECTION SITES, ELECTRONIC  WASTE  CONSOLIDATION
FACILITIES  AND  ELECTRONIC  WASTE  RECYCLING FACILITIES WITH RESPECT TO
ELECTRONIC WASTE RECYCLING, IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE
STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
LATION PROMULGATED THERETO, GOVERNING COVERED ELECTRONIC  EQUIPMENT  AND
THE  COLLECTION,  REUSE, OR RECYCLING OF ELECTRONIC WASTE SHALL UPON THE
EFFECTIVE DATE OF THIS TITLE BE PREEMPTED.
S 27-2621. DISPOSITION OF FEES.
  ALL FEES AND CHARGES COLLECTED PURSUANT TO THIS TITLE SHALL BE  DEPOS-
ITED  INTO  THE  ENVIRONMENTAL  PROTECTION  FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 5. The environmental conservation law is amended  by  adding  a  new
section 71-2729 to read as follows:
S 71-2729. ENFORCEMENT OF TITLE 26 OF ARTICLE 27 OF THIS CHAPTER.
  1.  A. ANY CONSUMER, AS DEFINED IN TITLE TWENTY-SIX OF ARTICLE TWENTY-
SEVEN OF THIS CHAPTER, WHO  VIOLATES  ANY  PROVISION  OF,  OR  FAILS  TO
PERFORM  ANY  DUTY IMPOSED BY, SECTION 27-2611 OF THIS CHAPTER, SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED  DOLLARS  FOR  EACH
VIOLATION.
  B.  ANY PERSON, EXCEPT A CONSUMER, MANUFACTURER, OR AN OWNER OR OPERA-
TOR OF AN ELECTRONIC WASTE COLLECTION  SITE,  ELECTRONIC  WASTE  CONSOL-
IDATION  FACILITY, OR ELECTRONIC WASTE RECYCLING FACILITY AS THESE TERMS
ARE DEFINED IN TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER,
WHO VIOLATES ANY PROVISION, OR FAILS TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION 27-2611 OF THIS CHAPTER, SHALL BE LIABLE FOR A CIVIL PENALTY NOT
TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION.
  C.  ANY  MANUFACTURER,  OR  ANY  PERSON  OPERATING AN ELECTRONIC WASTE
COLLECTION SITE, AN ELECTRONIC WASTE CONSOLIDATION FACILITY, OR AN ELEC-
TRONIC WASTE RECYCLING FACILITY AS THOSE  TERMS  ARE  DEFINED  IN  TITLE
TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER, WHO:
  I.  FAILS TO SUBMIT ANY REPORT, REGISTRATION, FEE, OR SURCHARGE TO THE
DEPARTMENT AS REQUIRED BY TITLE TWENTY-SIX OF  ARTICLE  TWENTY-SEVEN  OF
THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOU-
SAND  DOLLARS  FOR EACH DAY SUCH REPORT, REGISTRATION, FEE, OR SURCHARGE
IS NOT SUBMITTED; AND
  II. VIOLATES ANY OTHER PROVISION OF TITLE TWENTY-SIX OF ARTICLE  TWEN-
TY-SEVEN  OF  THIS  CHAPTER OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH
TITLE, EXCEPT FOR SUBDIVISION FOUR OF SECTION 27-2603 OF  THIS  CHAPTER,
SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED ONE
THOUSAND  DOLLARS  FOR  THE  FIRST  VIOLATION, TWO THOUSAND FIVE HUNDRED

S. 7988                            25                           A. 11308

DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
  D.  ANY  RETAILER,  AS DEFINED BY SECTION 27-2601 OF THIS CHAPTER, WHO
VIOLATES ANY PROVISION OF TITLE TWENTY-SIX OF  ARTICLE  TWENTY-SEVEN  OF
THIS  CHAPTER  OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH TITLE, SHALL
BE LIABLE FOR A CIVIL PENALTY FOR  EACH  VIOLATION  NOT  TO  EXCEED  TWO
HUNDRED  FIFTY DOLLARS FOR THE FIRST VIOLATION, FIVE HUNDRED DOLLARS FOR
THE SECOND VIOLATION AND ONE THOUSAND DOLLARS FOR THE THIRD  AND  SUBSE-
QUENT VIOLATIONS OF THIS TITLE IN A TWELVE-MONTH PERIOD.
  E. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR BY THE  COURT  IN  ANY
ACTION OR PROCEEDING PURSUANT TO THIS SECTION, AND, IN ADDITION THERETO,
SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
VIOLATION.
  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S  6.  Subdivision 1 of section 72-0402 of the environmental conserva-
tion law, as amended by chapter 62 of the laws of 1989, subparagraph (v)
of paragraph f as amended and subparagraphs (vi) and (vii) of  paragraph
f as added by section 6 of part I of chapter 577 of the laws of 2004 and
paragraph  g  as added by chapter 138 of the laws of 2000, is amended to
read as follows:
  1. [All generators shall submit annually to the department  a  fee  in
the amount to be determined as follows:
  a.  $1,000 for generators of equal to or greater than fifteen tons per
year and less than or equal to one hundred tons per  year  of  hazardous
waste.
  b. $6,000 for generators of greater than one hundred tons per year and
less than or equal to five hundred tons per year of hazardous waste.
  c.  $20,000  for generators of greater than five hundred tons per year
and less than or equal to one thousand tons per year of hazardous waste.
  d. $40,000 for generators of greater than one thousand tons  per  year
of hazardous waste.
  e.]  A.  FOR  THE  PERIOD BEGINNING JANUARY 1, 2010, ALL GENERATORS OF
EQUAL TO OR GREATER THAN FIFTEEN TONS PER YEAR OF HAZARDOUS WASTE  SHALL
SUBMIT  ANNUALLY  TO  THE  DEPARTMENT A FEE IN THE AMOUNT OF ONE HUNDRED
THIRTY DOLLARS PER TON  OF  HAZARDOUS  WASTE  GENERATED  NOT  TO  EXCEED
$300,000,  EXCEPT  NOT  TO  EXCEED  $400,000 FOR THOSE WITH GREATER THAN
4,000 TONS GENERATED AND LESS THAN OR EQUAL TO  10,000  TONS  GENERATED,
AND  NOT  TO  EXCEED  $800,000  FOR  THOSE WITH GREATER THAN 10,000 TONS
GENERATED.
  B. $3,000 for generators of equal to or greater than fifteen tons  per
year  of hazardous wastewater, payable in addition to fees for hazardous
wastes, other than wastewater, as required by [paragraphs a, b, c and d]
PARAGRAPH A of this subdivision.
  [f.] C. $6,000 FOR GENERATORS OF EQUAL  TO  OR  GREATER  THAN  FIFTEEN
THOUSAND  TONS  PER YEAR OF HAZARDOUS WASTEWATER, PAYABLE IN ADDITION TO
THE FEES FOR HAZARDOUS WASTES, OTHER THAN  WASTEWATER,  AS  REQUIRED  BY
THIS SUBDIVISION.
  D. No fee shall be payable for waste resulting from services which are
provided:
  (i)  under  a  contract  with the department, or with the department's
WRITTEN approval and  in  compliance  with  department  regulations,  or
pursuant  to an order of the department, the United States environmental

S. 7988                            26                           A. 11308

protection agency or a court, related to the cleanup or remediation of a
hazardous materials or hazardous waste spill,  discharge,  or  surficial
cleanup,  pursuant  to  this  chapter[,  other than section 27-1313 or a
removal  action  pursuant  to  the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. 9601 et seq.)]; or
  (ii) under a contract for, or with the department's  approval  and  in
compliance with department regulations for, the cleanup and removal of a
petroleum  spill  or discharge, pursuant to subdivision seven of section
one hundred seventy-six of the navigation law; or
  (iii) under the order of a court, the department or the department  of
health,  or the United States environmental protection agency related to
an inactive hazardous waste disposal site pursuant to section 27-1313 of
this chapter, section  thirteen  hundred  eighty-nine-b  of  the  public
health  law,  or  the Comprehensive Environmental Response, Compensation
and Liability Act (42 U.S.C. 9601 et seq.); or
  (iv) voluntarily and without expectation of monetary  compensation  in
accordance with subdivision one of section 27-1321 of this chapter; or
  (v)  under  permit  or  order  requiring corrective action pursuant to
title nine of article twenty-seven of this chapter,  TITLE  TWENTY-SEVEN
OF  ARTICLE SEVENTY-ONE OF THIS CHAPTER or the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.); or
  (vi) under a brownfield site cleanup  agreement  with  the  department
pursuant to section 27-1409 of this chapter; or
  (vii)  under  an  environmental  restoration  project state assistance
contract with the department pursuant to section 56-0503 of  this  chap-
ter.
  [g.]  E.  Notwithstanding  any other provision of this section, no fee
shall be payable for the generation of universal wastes. For purposes of
this paragraph, "universal wastes" shall mean those defined  and  listed
in  regulations  promulgated  pursuant to this title, provided that such
wastes are regulated consistent with rules adopted by the  administrator
pursuant to RCRA for the management of universal wastes.
  F.  IN ANY CASE WHERE A GENERATOR RECYCLES MORE THAN NINETY PERCENT OF
THE AMOUNT OF HAZARDOUS WASTE OR MORE THAN NINETY PERCENT OF THE  AMOUNT
OF  HAZARDOUS  WASTEWATER IT PRODUCES IN ANY CALENDAR YEAR, AS CERTIFIED
TO THE COMMISSIONER, UPON WHICH  A  FEE  IS  IMPOSED  PURSUANT  TO  THIS
SECTION,  ANY  SUCH  FEE  IMPOSED OR TO BE IMPOSED IN SUCH CASE SHALL BE
DETERMINED BASED UPON THE NET AMOUNT OF  HAZARDOUS  WASTE  OR  HAZARDOUS
WASTEWATER  GENERATED,  AS  APPLICABLE, WHICH IS NOT SO RECYCLED IN SUCH
CALENDAR YEAR, RATHER THAN UPON THE GROSS AMOUNT OF HAZARDOUS  WASTE  OR
HAZARDOUS WASTEWATER GENERATED IN SUCH CALENDAR YEAR.
  S  7.  Subdivision 4 of section 72-0402 of the environmental conserva-
tion law, as added by chapter 471 of the laws of 1985 and renumbered  by
chapter 62 of the laws of 1989, is amended to read as follows:
  4.  Bills  issued  for  annual  hazardous  waste program fees shall be
[estimated bills] based [either:
  a. upon the  actual  activity  of  the  preceding  calendar  year,  as
reported  to the department, or as adjusted by the department to reflect
non-recurring events or reporting errors, or
  b. in those instances where actual activity cannot  be  determined  or
where the status of a person subject to the provisions of this title has
changed  since the issuance of the bill for the preceding year so that a
different fee category is applicable, upon estimated  activity  for  the
current  calendar  year,  as  determined  by the department] UPON ACTUAL
HAZARDOUS WASTE GENERATED FOR THE PRIOR CALENDAR YEAR,  AS  DEMONSTRATED
TO  THE  DEPARTMENT'S SATISFACTION. DURING THE FIRST YEAR OF IMPLEMENTA-

S. 7988                            27                           A. 11308

TION OF THIS SUBDIVISION, BILLS WILL BE BASED ON THE AVERAGE QUANTITY OF
HAZARDOUS WASTE GENERATED FOR THE PREVIOUS THREE CALENDAR YEARS.
  S  8.  Section  72-0403  of  the  environmental  conservation  law  is
REPEALED.
  S 9. Paragraph b of subdivision 1 of section 72-0201 of  the  environ-
mental  conservation law, as added by chapter 38 of the laws of 1985, is
amended to read as follows:
  b. Notwithstanding any general or special law to  the  contrary,  one-
half  of  all  monies  collected  by  the department pursuant to section
[72-0402 and section] 72-0502 of this article shall be deposited in  the
hazardous  waste  remedial fund, created pursuant to section ninety-sev-
en-b of the state finance law.
  S 10. Paragraph e of subdivision 1 of section 72-0201 of the  environ-
mental conservation law, as added by section 2 of part I of chapter 1 of
the laws of 2003, is amended to read as follows:
  e.  Notwithstanding  any  general  or special law to the contrary, all
monies collected by the department pursuant to section [72-0403] 72-0402
of this article shall be deposited AS FOLLOWS: (I)  FIFTEEN  PERCENT  IN
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY SECTION NINETY-TWO-S OF
THE  STATE  FINANCE  LAW  NOT TO EXCEED TWO MILLION ONE HUNDRED THOUSAND
DOLLARS; AND (II) SEVENTY-ONE  PERCENT  in  the  industry  fee  transfer
account  of the hazardous waste remedial fund established by subdivision
one of section ninety-seven-b of the state finance law.
  S 11. Subdivisions 1, 3 and 5 of section 71-1307 of the  environmental
conservation law, subdivision 1 as amended by chapter 166 of the laws of
1991,  subdivision  3  as  added by chapter 846 of the laws of 1981, and
subdivision 5 as added by chapter 169 of the laws of 1994,  are  amended
to read as follows:
  1.  Administrative sanctions. Any person who violates any provision of
article 23 of this chapter or commits any offense described  in  section
71-1305  of  this title shall be liable to the people of the state for a
civil penalty not to exceed [five] EIGHT thousand dollars and  an  addi-
tional  penalty  of [one] TWO thousand dollars for each day during which
such violation continues, to be assessed by  the  commissioner  after  a
hearing  or  opportunity  to  be  heard. The commissioner, acting by the
attorney general, may bring suit for collection of such  assessed  civil
penalty  in  any court of competent jurisdiction. Such civil penalty may
be released or compromised by the commissioner  before  the  matter  has
been  referred  to  the attorney general; and where such matter has been
referred to the attorney general, any such penalty may  be  released  or
compromised  and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the commis-
sioner. In addition, the commissioner shall have the power, following  a
hearing  conducted  pursuant  to  rules  and  regulations adopted by the
department, to direct the violator to cease the  violation  and  reclaim
and  repair  the  affected site to a condition acceptable to the commis-
sioner, to the extent possible within a reasonable time  and  under  the
direction  and  supervision  of  the commissioner. Any such order of the
commissioner shall be enforceable in any action brought by  the  commis-
sioner  in  any  court  of  competent jurisdiction. Any civil penalty or
order issued by the commissioner under this subdivision shall be review-
able in a proceeding under article seventy-eight of the  civil  practice
law and rules.
  3.  Criminal  sanctions.  Any  person  who, having any of the culpable
mental states defined in sections 15.05 and  20.20  of  the  penal  law,
violates  any  provision  of  article  23 of this chapter or commits any

S. 7988                            28                           A. 11308

offense described in section 71-1305 of this title shall be guilty of  a
misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
not to exceed one thousand  dollars  for  each  day  during  which  such
violation  continues  or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment. If the conviction is for  a
subsequent  offense  committed  after  a first conviction of such person
under this subdivision, punishment shall be by  a  fine  not  to  exceed
[five]  EIGHT  thousand dollars for each day during which such violation
continues or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment.
  5. All fines collected pursuant to this section shall be paid into the
[general fund to the credit of the state purposes account] ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE FINANCE LAW.
  S  12.    Section  71-2303  of  the environmental conservation law, as
amended by chapter 654 of the laws  of  1977,  is  amended  to  read  as
follows:
S 71-2303. Violation; penalties.
  1.  Administrative  sanctions.  Any  person  who violates, disobeys or
disregards any provision of article twenty-four,  including  title  five
and  section  24-0507  thereof  or  any rule or regulation, local law or
ordinance, permit or order issued pursuant thereto, shall be  liable  to
the  people  of  the  state for a civil penalty of not to exceed [three]
ELEVEN thousand dollars for every such violation, to be assessed,  after
a hearing or opportunity to be heard upon due notice and with the rights
to  specification  of  the charges and representation by counsel at such
hearing, by the commissioner or local government. Such  penalty  may  be
recovered  in  an  action brought by the attorney general at the request
and in the name of the commissioner or local government in any court  of
competent  jurisdiction.  Such  civil penalty may be released or compro-
mised by the commissioner or local government before the matter has been
referred to the  attorney  general;  and  where  such  matter  has  been
referred  to  the  attorney general, any such penalty may be released or
compromised and any action commenced to recover the same may be  settled
and discontinued by the attorney general with the consent of the commis-
sioner  or  local  government.  In  addition,  the commissioner or local
government shall have power, following a  hearing  held  in  conformance
with the procedures set forth in section 71-1709 of this [chapter] ARTI-
CLE,  to  direct  the  violator to cease his violation of the act and to
restore the affected freshwater wetland to its condition  prior  to  the
violation,  insofar  as  that  is  possible within a reasonable time and
under the supervision of the commissioner or local government. Any  such
order of the commissioner or local government shall be enforceable in an
action brought by the attorney general at the request and in the name of
the commissioner or local government in any court of competent jurisdic-
tion.  Any  civil  penalty  or order issued by the commissioner or local
government pursuant  to  this  subdivision  shall  be  reviewable  in  a
proceeding  pursuant  to article seventy-eight of the civil practice law
and rules.
  2. Criminal sanctions. Any person who violates any provision of  arti-
cle twenty-four of this chapter, including any rule or regulation, local
law  or  ordinance,  permit  or order issued pursuant thereto, shall, in
addition, for the first offense, be guilty of a violation punishable  by
a  fine of not less than [five hundred] TWO THOUSAND nor more than [one]
FOUR thousand dollars; for a second and each subsequent offense he shall
be guilty of a misdemeanor punishable by a fine of not less  than  [one]

S. 7988                            29                           A. 11308

FOUR  thousand  nor  more than [two] SEVEN thousand dollars or a term of
imprisonment of not less than fifteen days nor more than six  months  or
both.  Instead  of  these punishments, any offender may be punishable by
being ordered by the court to restore the affected freshwater wetland to
its  condition  prior  to  the offense, insofar as that is possible. The
court shall specify a reasonable time for the completion of such  resto-
ration, which shall be effected under the supervision of the commission-
er  or  local government.  Each offense shall be a separate and distinct
offense and, in the case of a continuing offense, each day's continuance
thereof shall be deemed a separate and distinct offense.
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID INTO THE
ENVIRONMENTAL  PROTECTION   FUND   ESTABLISHED   PURSUANT   TO   SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
  S  13.    Section  71-1105  of  the environmental conservation law, as
amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
follows:
S 71-1105. Enforcement of subdivision 4 of section 15-0313.
  Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
violation, punishable by a fine of not more  than  [five]  ONE  THOUSAND
EIGHT  hundred  dollars,  and in addition thereto, by a civil penalty of
not more than [five] ONE THOUSAND EIGHT hundred dollars.
  S 14. Subdivision 1 of section 71-2103 of the environmental  conserva-
tion  law,  as amended by section 21 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
  1. Except as provided in section 71-2113, any person who violates  any
provision  of article nineteen or any code, rule or regulation which was
promulgated pursuant thereto; or any order  except  an  order  directing
such  person  to pay a penalty by a specified date issued by the commis-
sioner pursuant thereto, shall  be  liable,  in  the  case  of  a  first
violation,  for  a  penalty not less than [three] FIVE hundred [seventy-
five] dollars nor more than [fifteen] EIGHTEEN thousand dollars for said
violation and an additional penalty of not to  exceed  fifteen  thousand
dollars  for each day during which such violation continues. In the case
of a second or any further violation,  the  liability  shall  be  for  a
penalty  not  to  exceed [twenty-two] TWENTY-SIX thousand [five hundred]
dollars for said violation and an additional penalty not to exceed twen-
ty-two thousand five hundred dollars for  each  day  during  which  such
violation  continues.  In  addition thereto, such person may be enjoined
from continuing such violation as hereinafter provided.
  S 15. Subdivision 1 of section 71-2105 of the environmental  conserva-
tion  law,  as amended by section 22 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
  1. Except as provided in section 71-2113, any person who shall wilful-
ly violate any of the provisions of article 19  or  any  code,  rule  or
regulation  promulgated  pursuant  thereto or any final determination or
order of the commissioner made pursuant to article 19 shall be guilty of
a misdemeanor, and, upon conviction thereof,  shall  be  punished  by  a
fine,  in  the case of a first conviction, of not less than [three] FIVE
hundred [seventy-five] dollars nor more than [fifteen] EIGHTEEN thousand
dollars or by imprisonment for a term of not more than one year,  or  by
both  such  fine  and  imprisonment, for each separate violation. If the
conviction is for an offense committed after  the  first  conviction  of
such  person  under this subdivision, such person shall be punished by a
fine not to  exceed  [twenty-two]  TWENTY-SIX  thousand  [five  hundred]
dollars, or by imprisonment, or by both such fine and imprisonment. Each

S. 7988                            30                           A. 11308

day   on  which  such  violation  occurs  shall  constitute  a  separate
violation.
  S  16. Section 71-4001 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, as renumbered by chapter 732 of  the
laws  of 1980 and the opening paragraph as amended by chapter 602 of the
laws of 2003, is amended to read as follows:
S 71-4001. General criminal penalty.
  Except as otherwise specifically provided elsewhere in  [the  environ-
mental  conservation law] THIS CHAPTER or in the penal law, (a) a person
who violates any provision of [the environmental conservation law]  THIS
CHAPTER,  or any rule, regulation or order promulgated pursuant thereto,
or the terms or conditions of any permit  issued  thereunder,  shall  be
guilty of a violation; (b) each day on which such violation occurs shall
constitute  a  separate  violation;  and (c) for each such violation the
person shall be subject upon conviction to  imprisonment  for  not  more
than  fifteen  days  or  to  a  fine of not more than [two] NINE hundred
[fifty] dollars, or to both such imprisonment and such fine.
  S 17. Section  71-4003  of  the  environmental  conservation  law,  as
amended  by  chapter  76  of  the  laws  of  1982, is amended to read as
follows:
S 71-4003. General civil penalty.
  Except as otherwise specifically provided elsewhere in  [the  environ-
mental  conservation  law]  THIS  CHAPTER,  a  person  who  violates any
provision of [the environmental conservation law] THIS CHAPTER,  or  any
rule,  regulation or order promulgated pursuant thereto, or the terms or
conditions of any permit issued thereunder, shall be liable to  a  civil
penalty  of  not  more  than [five hundred] ONE THOUSAND dollars, and an
additional civil penalty of not more than [five  hundred]  ONE  THOUSAND
dollars  for  each  day  during which each such violation continues. Any
civil penalty provided for by this chapter may be assessed  following  a
hearing or opportunity to be heard.
  S  18. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  19.  This act shall take effect immediately; provided that sections
one, two and six through ten of this act shall be deemed to have been in
full force and effect on and after April 1, 2010.

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