NY State Senate Bill 2017-S5553

Senate Bill S5553

2017-2018 Legislative Session

Provides for the payment of compensation by the department of environmental conservation to electronic waste collection sites, collection facilities and recycling facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2018	print number 5553a
Jan 26, 2018	amend and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Apr 11, 2017	referred to environmental conservation

Bill Amendments

Original

A (Active)

2017-S5553 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2605, En Con L; amd §92-s, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6532
2019-2020: S891

2017-S5553 - Summary

Provides for the payment of compensation by the department of environmental conservation to electronic waste collection sites, consolidation facilities and recycling facilities for costs not paid by a manufacturer or manufacturers of electronic equipment.

2017-S5553 - Sponsor Memo

                                 BILL NUMBER:  S5553

 TITLE OF BILL :

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
compensation by the state to electronic waste collection sites,
consolidation facilities and recycling facilities for those costs not
paid by a manufacturer

 PURPOSE :

To provide for the payment of compensation by the Department of
Environmental Conservation to electronic waste collection sites,
collection facilities, recycling facilities and counties.

 SUMMARY OF PROVISIONS :

Subdivision 8 of section 27-2605 of the environmental conservation law
is further amended to include a new subdivision (b) which states that
any electronic waste collection site, electronic waste consolidation
facility, electronic waste recycling facility, or county which
collects, handles, and/or recycles or reuses any item of covered
electronic 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 such costs, and the
commissioner shall review such application and shall approve such
application for the actual cost of collecting, handling, and/or
recycling or reuse covered electronic equipment incurred within the
state of New York.

Section 2 amends paragraph (b) of subdivision 6 of section 92-s of the
state finance law, to allow for the payment of the costs of
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.

Section 3 amends subdivision 8 of section 92-s of the state finance
law to provide 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 paragraph (b) of subdivision
eight of section 27-2605 of the environmental conservation law, during
such quarter.

Section 4 provides that this act shall take effect on the first of
January next succeeding the date on which it shall have become a law,
and shall apply to the electronic waste collected, handled, and/or
recycled and reused on or after January 1, 2017; provided, however,
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.

 JUSTIFICATION :

The "NYS Electronic Equipment Recycling and Reuse Act" was signed into
law on May 28, 2010, with the purpose of establishing a state-wide
electronic equipment reuse and recycling program. Under this program,
manufacturers provide free and convenient recycling of electronic
waste to most consumers in the state.

This legislation allows electronic waste collection sites, electronic
waste consolidation facilities, electronic waste recycling facilities,
and counties that collect, handle, and/or recycle or reuse any covered
electronic equipment to be reimbursed for the costs of collecting,
handling, and/or recycling and reusing, from the Department of
Environmental Conservation

By allowing sites to be reimbursed for the actual cost of collection,
this legislation will further promote the safe and efficient recycling
and reuse of electronic equipment.

 PRIOR LEGISLATIVE HISTORY :

2016: S.6532 REFERRED TO ENVIRONMENTAL CONSERVATION

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding 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, 2017; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.

2017-S5553 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5553
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2017
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10993-01-7

 S. 5553                             2
 
   § 2. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
 finance law, as amended by section 3 of part U of chapter 58 of the laws
 of 2016, 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
 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;  environmental  justice projects and grants [and]; for the develop-
 ment of the pesticide sales and use data base pursuant to  title  twelve
 of  article  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.
   § 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.
   §  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, 2017; 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  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

2017-S5553A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2605, En Con L; amd §92-s, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6532
2019-2020: S891

2017-S5553A (ACTIVE) - Summary

2017-S5553A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5553A

SPONSOR: YOUNG
 
PURPOSE:

To provide for the payment of compensation by the Department of Environ-
mental Conservation to electronic waste collection sites, collection
facilities, recycling facilities and counties.

 
SUMMARY OF PROVISIONS:

Subdivision 8 of section 27-2605 of the environmental conservation law
is further amended to include a new subdivision (b) which states that
any electronic waste collection site, electronic waste consolidation
facility, electronic waste recycling facility, or county which collects,
handles, and/or recycles or reuses any item of covered electronic equip-
ment may submit an application to the commissioner, in such form and
containing such information as the commissioner may require, for state
assistance payments toward such costs, and the commissioner shall review
such application and shall approve such application for the actual cost
of collecting, handling, and/or recycling or reuse covered electronic
equipment incurred within the state of New York.

Section 2 amends paragraph (b) of subdivision 6 of section 92-s of the
state finance law, to allow for the payment of the costs of collection,
handling, and/or recycling and reuse of electronic waste, pursuant to
paragraph (b) of subdivision eight of section 27-2605 of the environ-
mental conservation law.

Section 3 amends subdivision 8 of section 92-s of the state finance law
to provide 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 paragraph (b) of subdivision eight of section
27-2605 of the environmental conservation law, during such quarter.

Section 4 provides that this act shall take effect on the first of Janu-
ary next succeeding the date on which it shall have become a law, and
shall apply to the electronic waste collected, handled, and/or recycled
and reused on or after January 1, 2018; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date.

 
JUSTIFICATION:

The "NYS Electronic Equipment Recycling and Reuse Act" was signed into
law on May 28, 2010, with the purpose of establishing a state-wide elec-
tronic equipment reuse and recycling program. Under this program,
manufacturers provide free and convenient recycling of electronic waste
to most consumers in the state.

This legislation allows electronic waste collection sites, electronic
waste consolidation facilities, electronic waste recycling facilities,
and counties that collect, handle, and/or recycle or reuse any covered
electronic equipment to be reimbursed for the costs of collecting,
handling, and/or recycling and reusing, from the Department of Environ-
mental Conservation
By allowing sites to be reimbursed for the actual cost of collection,
this legislation will further promote the safe and efficient recycling
and reuse of electronic equipment.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5553 REFERRED TO ENVIRONMENTAL CONSERVATION
2016: S.6532 REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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, 2018; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.

2017-S5553A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5553--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10993-02-8

 S. 5553--A                          2
 
 DEPARTMENT, IN SUCH FORM AND HAVING SUCH CONTENT AS SHALL BE  DETERMINED
 BY THE COMMISSIONER IN RULES AND REGULATIONS.
   §  2.  Paragraph  (b)  of  subdivision  6 of section 92-s of the state
 finance law, as amended by section 3 of part U of chapter 58 of the laws
 of 2016, 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
 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; environmental justice projects and grants [and]; for  the  develop-
 ment  of  the pesticide sales and use data base pursuant to title twelve
 of article 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.
   §  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.
   § 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,  2018; 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 are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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