Assembly Bill A11261

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11261
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Rozic) --
   read once and referred to the Committee 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.
   §  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 OFFICE OF ADMINISTRA-
 TIVE TRIALS AND HEARINGS OF SUCH CITY.  SUCH  OFFICE  OF  ADMINISTRATIVE
 TRIALS  AND  HEARINGS 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 OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY
 SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02839-03-8

 A. 11261                            2
 
 § 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.
   § 4. This act shall take effect immediately.