Senate Bill S6532

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

                                  6532

                            I N  S E N A T E

                            January 22, 2016
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 and the state finance
  law, in relation to manufacturer liability for the cost of collection,
  handling, and recycling and reuse of  electronic  waste,  and  compen-
  sation  by  the  state  to  electronic waste collection sites, consol-
  idation facilities and recycling facilities for those costs  not  paid
  by a manufacturer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 8 of  section  27-2605
of the environmental conservation law, is designated paragraph (a) and a
new paragraph (b) is added to read as follows:
  (B)  ANY  ELECTRONIC  WASTE  COLLECTION SITE, ELECTRONIC WASTE CONSOL-
IDATION FACILITY, ELECTRONIC WASTE RECYCLING FACILITY  OR  COUNTY  WHICH
COLLECTS,  HANDLES,  AND/OR RECYCLES OR REUSES ANY ITEM OF COVERED ELEC-
TRONIC EQUIPMENT MAY SUBMIT AN APPLICATION TO THE COMMISSIONER, IN  SUCH
FORM  AND  CONTAINING  SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE,
FOR STATE ASSISTANCE PAYMENTS TOWARD THE COST OF  COLLECTING,  HANDLING,
AND/OR RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT INCURRED WITH-
IN  THE  STATE WHEN SUCH COVERED ELECTRONIC EQUIPMENT WAS NOT COLLECTED,
HANDLED AND/OR RECYCLED OR REUSED PURSUANT TO SECTION  27-2603  OF  THIS
TITLE.  THE COMMISSIONER SHALL REVIEW SUCH APPLICATION AND SHALL APPROVE
SUCH APPLICATION FOR THE ACTUAL COST  OF  COLLECTING,  HANDLING,  AND/OR
RECYCLING  OR  REUSE OF COVERED ELECTRONIC EQUIPMENT INCURRED WITHIN THE
STATE.  COMPENSATION PURSUANT TO THIS PARAGRAPH  SHALL  BE  PAID  WITHIN
THIRTY  DAYS  OF  RECEIPT  OF  AN  APPLICATION THEREFOR SUBMITTED TO THE
DEPARTMENT, IN SUCH FORM AND HAVING SUCH CONTENT AS SHALL BE  DETERMINED
BY THE COMMISSIONER IN RULES AND REGULATIONS.
  S  2.  Paragraph  (b)  of  subdivision  6 of section 92-s of the state
finance law, as amended by chapter 432 of the laws of 1997,  is  amended
to read as follows:
  (b)  Moneys  from the solid waste account shall be available, pursuant
to appropriation and upon certificate of approval of availability by the

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

                                                           LBD11721-04-6

S. 6532                             2

director of the budget, for any non-hazardous municipal landfill closure
project; municipal waste reduction or recycling project, as  defined  in
article  fifty-four  of  the  environmental  conservation  law;  for the
purposes  of  section  two  hundred  sixty-one  and  section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans  pursu-
ant  to  sections  27-0107 and 27-0109 of the environmental conservation
law; [and] for the development of the pesticide sales and use data  base
in conjunction with Cornell University pursuant to title twelve of arti-
cle  thirty-three  of  the  environmental  conservation law; AND FOR THE
PAYMENT OF THE COSTS OF THE COLLECTION, HANDLING, AND/OR  RECYCLING  AND
REUSE OF ELECTRONIC WASTE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION EIGHT
OF SECTION 27-2605 OF THE ENVIRONMENTAL CONSERVATION LAW.
  S  3. Subdivision 8 of section 92-s of the state finance law, as added
by chapter 610 of the laws of 1993, is amended to read as follows:
  8. All payments of moneys from the fund shall be made on the audit and
warrant of the comptroller;  PROVIDED,  HOWEVER,  THAT  THE  COMPTROLLER
SHALL, DURING EACH QUARTER, ALLOCATE MONEYS FROM THE SOLID WASTE ACCOUNT
TO  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR THE PAYMENT OF
CLAIMS FOR COMPENSATION ANTICIPATED TO BE SUBMITTED, PURSUANT  TO  PARA-
GRAPH  (B)  OF SUBDIVISION EIGHT OF SECTION 27-2605 OF THE ENVIRONMENTAL
CONSERVATION LAW, DURING SUCH QUARTER.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law, and shall apply to
electronic waste collected, handled, and/or recycled and  reused  on  or
after  January  1,  2016; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized  and  directed to be made and completed on or before such effective
date.