The New York State Senate

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

                                   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.