Assembly Bill A5630

2011-2012 Legislative Session

Relates to the restriction on sale of automotive refinish material

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2011-A5630 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §309, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A9490, A1235

2011-A5630 (ACTIVE) - Summary

Provides that no seller, supplier or distributor of automotive refinish material shall sell or offer for sale to any prospective purchaser any automotive refinish material which is labeled for professional use only and which contains material which results in the generation of hazardous waste unless such purchaser demonstrates and meets all local ordinances for the use and application of such materials, possesses a valid NYS tax i.d. number, a federal EPA number and is, or is acting on behalf of, a registered repair shop as defined by article 12-A of the vehicle and traffic law.

2011-A5630 (ACTIVE) - Bill Text download pdf 

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

                                  5630

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2011
                               ___________

Introduced by M. of A. MURRAY -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to restricting the
  sale of automotive refinish material

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

  Section 1. The general business law is amended by adding a new section
309 to read as follows:
  S 309. SALE OF AUTOMOTIVE REFINISH MATERIAL. 1. NO SELLER, SUPPLIER OR
DISTRIBUTOR OF AUTOMOTIVE REFINISH MATERIAL SHALL SELL OR OFFER FOR SALE
TO ANY PROSPECTIVE PURCHASER ANY AUTOMOTIVE REFINISH MATERIAL  WHICH  IS
LABELED  FOR  PROFESSIONAL USE ONLY AND WHICH CONTAINS MATERIAL, THE USE
OF WHICH RESULTS IN THE GENERATION OF  HAZARDOUS  WASTE  AS  DEFINED  IN
APPLICABLE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION REGULATIONS UNLESS
SUCH PROSPECTIVE PURCHASER DEMONSTRATES THAT SUCH  PURCHASER  MEETS  ALL
LOCAL  ORDINANCES  FOR  THE  APPLICATION  OF SUCH MATERIALS, POSSESSES A
VALID NEW YORK STATE TAX IDENTIFICATION NUMBER, A FEDERAL  ENVIRONMENTAL
PROTECTION  AGENCY  NUMBER  OR PROOF OF EXEMPTION FROM SAME AND IS OR IS
ACTING ON BEHALF OF A REGISTERED REPAIR SHOP AS  SET  FORTH  IN  ARTICLE
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW.
  2. ANY PERSON WHO IS FOUND, AFTER NOTICE AND HEARING, TO HAVE VIOLATED
THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT
TO EXCEED ONE THOUSAND DOLLARS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08367-01-1

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