The New York State Senate

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

                                  4559

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by  M.  of  A. ROZIC, ENGLEBRIGHT, D'URSO, BARRON, DINOWITZ,
  VANEL, DICKENS, RIVERA, BYRNE, MORINELLO, LAWRENCE,  CROUCH,  BLANKEN-
  BUSH,  B. MILLER, JAFFEE, D. ROSENTHAL, HYNDMAN, ARROYO, BLAKE, HUNTER
  -- Multi-Sponsored by -- M. of A. PALMESANO, THIELE -- 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

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

                                                           LBD01290-01-9

A. 4559                             2

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:
§ 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.