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Senate Bill S8230

2009-2010 Legislative Session

Relates to recycling rechargeable batteries

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8230 (ACTIVE) - Details

See Assembly Version of this Bill:
A11483
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง27-1809 & 27-1811, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A3391

2009-S8230 (ACTIVE) - Summary

Relates to recycling rechargeable batteries.

2009-S8230 (ACTIVE) - Sponsor Memo

2009-S8230 (ACTIVE) - Bill Text download pdf 

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

                                  8230

                            I N  S E N A T E

                              June 17, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the environmental conservation law, in relation to recy-
  cling rechargeable batteries

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

  Section  1.  Section 27-1809 of the environmental conservation law, as
added by a chapter of  the  laws  of  2010  amending  the  environmental
conservation  law  relating  to  recycling  rechargeable  batteries,  as
proposed in legislative bills numbers S.3593-C and A.6813-D, is  amended
by adding a new subdivision 5 to read as follows:
  5.  IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE PROVISIONS
OF THIS TITLE MAY BE ENFORCED BY AN AGENCY OR AGENCIES DESIGNATED BY THE
MAYOR OF SUCH CITY. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ANY
NOTICE  OF  VIOLATION  ISSUED BY AN AGENCY OR AGENCIES DESIGNATED BY THE
MAYOR OF SUCH CITY, CHARGING A VIOLATION OF THIS TITLE, SHALL BE RETURN-
ABLE TO THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY, WHICH  SHALL  HAVE
THE  POWER  TO  IMPOSE  THE  CIVIL  PENALTIES HEREIN PROVIDED. ALL CIVIL
PENALTIES COLLECTED FOR ANY VIOLATIONS OF THIS SECTION  THAT  HAVE  BEEN
IMPOSED  BY  THE  ENVIRONMENTAL CONTROL BOARD OF SUCH CITY SHALL BE PAID
INTO THE GENERAL FUND OF SUCH CITY.
  S 2. The opening paragraph of section  27-1811  of  the  environmental
conservation law, as added by a chapter of the laws of 2010 amending the
environmental   conservation  law  relating  to  recycling  rechargeable
batteries,  as  proposed  in  legislative  bills  numbers  S.3593-C  and
A.6813-D, is amended to read as follows:
  Jurisdiction in all matters pertaining to rechargeable battery recycl-
ing  is,  by this title, vested exclusively in the state.  Any provision
of any local law or ordinance, or any  rule  or  regulation  promulgated
thereto, governing rechargeable battery recycling shall, upon the effec-
tive  date  of  section  27-1805  of this title, be preempted; provided,
however, that nothing in this section shall:
  1. preclude a person from coordinating, for recycling  or  reuse,  the
collection of rechargeable batteries; OR

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

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