S T A T E O F N E W Y O R K
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80
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
rechargeable battery recycling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 2 of section 27-1807 of the
environmental conservation law, as added by chapter 562 of the laws of
2010, is amended to read as follows:
b. Submittance to the department of annual reports, on a form
prescribed by the department, concerning the amount of rechargeable
batteries received within the state and recycled either by number or by
weight; the costs of such efforts; and any other relevant information as
required by the department. SUCH REPORTS SHALL INCLUDE THE WEIGHT OF
RECHARGEABLE BATTERIES RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
MILLION OR MORE.
S 2. Section 27-1809 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. IN ADDITION TO ANY ENFORCEMENT OF THIS TITLE BY THE COMMISSIONER
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, THE PROVISIONS OF SECTION 27-1805 AND
SUBDIVISION ONE OF SECTION 27-1807 OF THIS TITLE MAY BE ENFORCED BY AN
AGENCY OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY. ANY NOTICE OF
VIOLATION ISSUED BY AN AGENCY DESIGNATED BY THE MAYOR OF SUCH CITY
CHARGING A VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE OF SECTION
27-1807 OF THIS TITLE SHALL BE RETURNABLE TO THE ENVIRONMENTAL CONTROL
BOARD OF SUCH CITY. SUCH ENVIRONMENTAL CONTROL BOARD SHALL HAVE THE
POWER TO IMPOSE THE CIVIL PENALTIES SET FORTH IN SUBDIVISIONS ONE, TWO
AND THREE OF THIS SECTION. ALL CIVIL PENALTIES COLLECTED FOR ANY
VIOLATION OF THIS TITLE THAT HAVE BEEN IMPOSED BY THE ENVIRONMENTAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03426-01-3
A. 80 2
CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL FUND OF SUCH
CITY.
S 3. Section 27-1811 of the environmental conservation law, as added
by chapter 562 of the laws of 2010, is amended to read as follows:
S 27-1811. State preemption.
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 there-
to, governing rechargeable battery recycling shall, upon the effective
date of section 27-1805 of this title, be preempted; provided, however,
that nothing in this section shall preclude a person from coordinating,
for recycling or reuse, the collection of rechargeable batteries AND
PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE
THE ENFORCEMENT OF THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
27-1809 OF THIS TITLE.
S 4. This act shall take effect immediately.