senate Bill S3834

2013-2014 Legislative Session

Establishes special provisions for recycling of ionization smoke detectors and requires manufacturers to create a waste acceptance program for ionization smoke detectors

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Feb 21, 2013 referred to environmental conservation

S3834 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 §§27-2901 - 27-2905, §71-2730, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6574

S3834 - Bill Texts

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Establishes special provisions for recycling of ionization smoke detectors and requires manufacturers to create a waste acceptance program for ionization smoke detectors.

view sponsor memo
BILL NUMBER:S3834

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to recycling of ionization smoke detectors

PURPOSE: The purpose of this bill is to require manufacturers of
smoke detectors containing the radioisotope americium-241, who sell
these products into New York State, to take back used detectors for
recycling or proper disposal.

SUMMARY OF PROVISIONS: The bill would require, beginning July 1,
2014, that manufacturers of ionization smoke detectors shall not sell,
or offer for sale, any such product in New York unless the
manufacturer has registered with the Department of Environmental
Conservation (DEC) and maintains a waste acceptance program for the
collection, handling and recycling or reuse of such detectors.

Manufacturers would be required to register with the DEC and pay a
registration fee of one thousand dollars to be deposited into the
environmental protection fund. The waste acceptance program for
ionization smoke detectors would 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 and a toll-free telephone number, along
with written information included in the product manual 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 DEC to
contribute to ensuring convenient collection from consumers and
effectiveness of the waste acceptance program. Nothing in this
legislation would preclude the operation, with the approval of the
department, of cooperative or collective waste acceptance programs by
more than one manufacturer. Manufacturers would 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.

JUSTIFICATION: There are two types of smoke detectors: ionization
detectors and photoelectric detectors. Ionization detectors contain a
source of ionizing radiation which is a minute quantity (approximately
1/5000th of a gram) of americium-241, an alpha particle and gamma
emitter with a half-life of 432.7 years. Americium is a man-made metal
produced when plutonium atoms absorb neutrons in nuclear reactors. The
largest and widespread use of americium-241 is as a component in
household and industrial smoke detectors.

If americium-241 enters the human body, it tends to concentrate in the
bone, liver and muscle and can remain in the body for decades,
continuing to expose the surrounding tissues to radiation.
Americium-241 poses a significant risk if ingested, exposing tissue to
both alpha and gamma radiation, thereby increasing the risk of
developing cancer. The Nuclear Regulatory Commission regulates the
radioactive materials in smoke detectors. Because the amount of


americium in these particular devices is so small, current NRC
regulations exempt individuals who purchase smoke detectors from
licensing requirements, including those related to disposal of
radioactive materials. As a result, the public can dispose of their
household smoke detectors as ordinary trash. However, this raises
concerns about the cumulative impact of the concentration of smoke
detectors, from numerous households, that are being disposed of as
solid waste in landfills over the lifetime of such landfills, as well
as exposure of workers and the public who may come into contact with
americium-241.

In order to address health concerns about exposure, this bill would
require manufacturers of smoke detectors containing the radioisotope
americium-241, who sell these products into New York State, to take
back used detectors for recycling or proper disposal.

FISCAL IMPLICATIONS: The Department of Environmental Conservation will
incur some minor expenses in processing and maintaining the
registration of a small number of manufacturers of this type of
product. The bill establishes a registration fee to help offset these
costs.

EFFECTIVE DATE: Immediately

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

                                  3834

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed 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,
TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS, THE
TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS.

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

S. 3834                             2

  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
DETECTOR, INCLUDING INSTRUCTIONS ON SAFE HANDLING AND PREPARATION OF THE
DETECTOR FOR RECYCLING; AND (C) ANY ADDITIONAL PROVISIONS DETERMINED  BY

S. 3834                             3

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.

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