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

                                  1767

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MAISEL -- read once and referred to the Committee
  on Environmental Conservation

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 29 to read as follows:
                                TITLE 29
                 RECYCLING OF IONIZATION SMOKE DETECTORS
SECTION 27-2901. DEFINITIONS.
        27-2903. SPECIAL PROVISIONS FOR RECYCLING  OF  IONIZATION  SMOKE
                   DETECTORS.
        27-2905. WASTE  ACCEPTANCE  PROGRAM  FOR IONIZATION SMOKE DETEC-
                   TORS.
S 27-2901. 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.
  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04356-01-3
              

A. 1767                             2

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 27-2903. SPECIAL PROVISIONS FOR RECYCLING OF IONIZATION  SMOKE  DETEC-
             TORS.
  1.  ON  AND  AFTER JULY FIRST, TWO THOUSAND FOURTEEN A MANUFACTURER OF
IONIZATION SMOKE DETECTORS SHALL NOT SELL OR OFFER FOR SALE ANY  IONIZA-
TION  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  27-2905  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 FOURTEEN, 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 27-2905 OF THIS TITLE; AND
  (F) 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 FOURTEEN 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 27-2905. WASTE ACCEPTANCE PROGRAM FOR IONIZATION SMOKE DETECTORS.
  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

A. 1767                             3

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 29 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-NINE OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER
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-NINE 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.