S T A T E O F N E W Y O R K
________________________________________________________________________
4330--B
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. MAISEL, ENGLEBRIGHT, COLTON, MILLMAN, ROSENTHAL,
LUPARDO, P. RIVERA, ROBINSON, ROBERTS, LINARES, DINOWITZ -- Multi-
Sponsored by -- M. of A. BARRON, BOYLAND, FINCH, GLICK, HOOPER,
M. MILLER, NOLAN, SCHIMEL, WEISENBERG -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Environmental Conservation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to recy-
cling of ionization smoke detectors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 28 to read as follows:
TITLE 28
RECYCLING OF IONIZATION SMOKE DETECTORS
SECTION 27-2801. DEFINITIONS.
27-2803. SPECIAL PROVISIONS FOR RECYCLING OF IONIZATION SMOKE
DETECTORS.
27-2805. WASTE ACCEPTANCE PROGRAM FOR IONIZATION SMOKE DETEC-
TORS.
S 27-2801. DEFINITIONS.
AS USED IN THIS SECTION:
1. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO OWNS OR USES
IONIZATION SMOKE DETECTORS, BUT DOES NOT INCLUDE A MANUFACTURER, AN
ENTITY THAT SELLS SUCH DETECTORS TO CONSUMERS AT RETAIL, OR AN ENTITY
INVOLVED IN A WHOLESALE TRANSACTION BETWEEN A MANUFACTURER AND RETAILER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07315-03-2
A. 4330--B 2
2. "IONIZATION SMOKE DETECTOR" SHALL MEAN A SMOKE DETECTING ALARM
DEVICE THAT CONTAINS A RADIOACTIVE MATERIAL PURSUANT TO A LICENSE FROM
THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
3. "MANUFACTURER" MEANS A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEM-
BLES IONIZATION SMOKE DETECTORS FOR SALE IN THE STATE UNDER LICENSE FROM
THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
4. "RETAILER" MEANS A PERSON WHO SELLS IONIZATION SMOKE DETECTORS 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.
5. "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, BUT DOES NOT INCLUDE CONSUMER-TO-CONSUMER SECOND-HAND TRANSFER.
"SELL OR SALE" ALSO DOES NOT INCLUDE: (A) THE LEASE OF IONIZATION SMOKE
DETECTORS; OR (B) WHOLESALE TRANSACTIONS AMONG MANUFACTURERS, WHOLE-
SALERS AND RETAILERS.
S 27-2803. SPECIAL PROVISIONS FOR RECYCLING OF IONIZATION SMOKE DETEC-
TORS.
1. BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN A MANUFACTURER OF IONI-
ZATION SMOKE DETECTORS SHALL NOT SELL OR OFFER FOR SALE ANY IONIZATION
SMOKE DETECTOR INTENDED FOR USE BY INDIVIDUAL HOUSEHOLDS, OFFICES OR
COMMERCIAL ESTABLISHMENTS UNLESS THE MANUFACTURER HAS REGISTERED WITH
THE DEPARTMENT AND MAINTAINS A WASTE ACCEPTANCE PROGRAM CONSISTENT WITH
THE PROVISIONS OF SECTION 27-2805 OF THIS TITLE PROVIDING FOR THE
COLLECTION, HANDLING AND RECYCLING OR REUSE OF SUCH DETECTOR.
2. A MANUFACTURER SHALL SUBMIT A REGISTRATION ON A FORM PRESCRIBED BY
THE DEPARTMENT BY JANUARY FIRST, TWO THOUSAND THIRTEEN, ALONG WITH A
REGISTRATION FEE OF ONE THOUSAND DOLLARS. THE 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) THE LICENSE NUMBER OF THE SPECIFIC LICENSEE AUTHORIZED TO INITIAL-
LY TRANSFER DETECTORS FOR USE BY EXEMPT PERSONS;
(D) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
(E) SPECIFIC INFORMATION ON THE MANNER IN WHICH THE MANUFACTURER WILL
COMPLY WITH SECTION 27-2805 OF THIS TITLE; AND
(E) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REQUIRE.
3. A MANUFACTURER'S REGISTRATION IS EFFECTIVE UPON ACCEPTANCE BY THE
DEPARTMENT AND MUST BE UPDATED WITHIN THIRTY DAYS OF ANY MATERIAL CHANGE
IN THE INFORMATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
4. ANY PERSON WHO BECOMES A MANUFACTURER OF IONIZATION SMOKE DETECTORS
ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN SHALL REGISTER WITH THE
DEPARTMENT PRIOR TO SELLING OR OFFERING FOR SALE SUCH PRODUCTS IN THE
STATE, AND MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
5. A MANUFACTURER SHALL REPORT SUCH INFORMATION AS THE DEPARTMENT
SHALL FROM TIME TO TIME REQUIRE.
6. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE.
7. ALL FEES AND CHARGES COLLECTED PURSUANT TO THIS TITLE SHALL BE
DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
S 27-2805. WASTE ACCEPTANCE PROGRAM FOR IONIZATION SMOKE DETECTORS.
A. 4330--B 3
1. A WASTE ACCEPTANCE PROGRAM SHALL BE SUBJECT TO THE DEPARTMENT'S
APPROVAL AND SHALL AT A MINIMUM INCLUDE (A) A MAIL OR SHIP BACK RETURN
PROGRAM; (B) A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE
WASTE ACCEPTANCE PROGRAM, INCLUDING BUT NOT LIMITED TO AN INTERNET
WEBSITE, A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED
IN THE PRODUCT MANUAL FOR, OR AT THE TIME OF SALE OF, THE IONIZATION
SMOKE DETECTOR THAT INFORMS THE CONSUMER OF THE ENVIRONMENTAL BENEFITS
OF RECYCLING RADIOACTIVE MATERIAL, BATTERIES AND OTHER COMPONENTS OF THE
DETECTOR AND HOW TO RETURN OR OTHERWISE ARRANGE FOR RECYCLING OF THE
DETECTOR, INCLUDING INSTRUCTIONS ON SAFE HANDLING AND PREPARATION OF THE
DETECTOR FOR RECYCLING; AND (C) ANY ADDITIONAL PROVISIONS DETERMINED BY
THE DEPARTMENT TO CONTRIBUTE TO ENSURING CONVENIENT COLLECTION FROM
CONSUMERS AND EFFECTIVENESS OF THE WASTE ACCEPTANCE PROGRAM. NOTHING IN
THIS SECTION SHALL PRECLUDE THE OPERATION, WITH THE APPROVAL OF THE
DEPARTMENT, OF COOPERATIVE OR COLLECTIVE WASTE ACCEPTANCE PROGRAMS BY
MORE THAN ONE MANUFACTURER.
2. A MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH
THE IMPLEMENTATION OF THE WASTE ACCEPTANCE PROGRAM. THE MANUFACTURER
SHALL NOT CHARGE CONSUMERS FOR THE COLLECTION, HANDLING AND RECYCLING OF
USED OR UNWANTED IONIZATION SMOKE DETECTORS, PROVIDED THAT SUCH PROHIBI-
TION SHALL NOT APPLY TO A CHARGE ON BUSINESS CONSUMERS. 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.
S 2. The environmental conservation law is amended by adding a new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 28 OF ARTICLE 27 OF THIS CHAPTER.
1. ANY MANUFACTURER WHO:
A. FAILS TO SUBMIT ANY REPORT, REGISTRATION OR FEE TO THE DEPARTMENT
AS REQUIRED BY TITLE TWENTY-EIGHT OF ARTICLE TWENTY-SEVEN OF THIS CHAP-
TER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS FOR EACH DAY SUCH REPORT, REGISTRATION OR FEE IS NOT SUBMITTED;
AND
B. VIOLATES ANY OTHER PROVISION OF TITLE TWENTY-EIGHT OF ARTICLE TWEN-
TY-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 FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION, ONE THOUSAND
DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
2. 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.
3. 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 3. This act shall take effect immediately.