Senate Bill S891

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    891
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 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.
                                                            LBD04035-01-9

              

 S. 891                              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, 2020; 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.