S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6263
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to recy-
   cling of ionization smoke detectors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 32 to read as follows:
                                 TITLE 32
                  RECYCLING OF IONIZATION SMOKE DETECTORS
 SECTION 27-3201. DEFINITIONS.
         27-3203. SPECIAL  PROVISIONS  FOR  RECYCLING OF IONIZATION SMOKE
                    DETECTORS.
         27-3205. WASTE ACCEPTANCE PROGRAM FOR  IONIZATION  SMOKE  DETEC-
                    TORS.
 § 27-3201. DEFINITIONS.
   AS USED IN THIS SECTION:
   1.  "CONSUMER"  MEANS  A  PERSON LOCATED IN THE STATE WHO OWNS OR USES
 IONIZATION SMOKE DETECTORS, BUT DOES  NOT  INCLUDE  A  MANUFACTURER,  AN
 ENTITY  THAT  SELLS  SUCH DETECTORS TO CONSUMERS AT RETAIL, OR AN ENTITY
 INVOLVED IN A WHOLESALE TRANSACTION BETWEEN A MANUFACTURER AND RETAILER.
   2. "IONIZATION SMOKE DETECTOR" SHALL  MEAN  A  SMOKE  DETECTING  ALARM
 DEVICE  THAT  CONTAINS A RADIOACTIVE MATERIAL PURSUANT TO A LICENSE FROM
 THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
   3. "MANUFACTURER" MEANS A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEM-
 BLES IONIZATION SMOKE DETECTORS FOR SALE IN THE STATE UNDER LICENSE FROM
 THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
   4. "RETAILER" MEANS A PERSON WHO SELLS IONIZATION SMOKE DETECTORS TO A
 PERSON IN THE STATE THROUGH ANY MEANS, INCLUDING, BUT  NOT  LIMITED  TO,
 TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS, THE
 TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09345-01-1

 A. 6263                             2
 
   5.  "SELL"  OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY  ELECTRONIC
 MEANS,  BUT  DOES NOT INCLUDE CONSUMER-TO-CONSUMER SECOND-HAND TRANSFER.
 "SELL OR SALE" ALSO DOES NOT INCLUDE: (A) THE LEASE OF IONIZATION  SMOKE
 DETECTORS;  OR  (B)  WHOLESALE  TRANSACTIONS AMONG MANUFACTURERS, WHOLE-
 SALERS AND RETAILERS.
 § 27-3203. SPECIAL PROVISIONS FOR RECYCLING OF IONIZATION  SMOKE  DETEC-
              TORS.
   1.  ON  AND AFTER JULY FIRST, TWO THOUSAND TWENTY-THREE A MANUFACTURER
 OF IONIZATION SMOKE DETECTORS SHALL NOT SELL OR OFFER FOR SALE ANY IONI-
 ZATION SMOKE DETECTOR INTENDED FOR USE BY INDIVIDUAL HOUSEHOLDS, OFFICES
 OR COMMERCIAL ESTABLISHMENTS UNLESS THE MANUFACTURER HAS REGISTERED WITH
 THE DEPARTMENT AND MAINTAINS A WASTE ACCEPTANCE PROGRAM CONSISTENT  WITH
 THE  PROVISIONS  OF  SECTION  27-3205  OF  THIS  TITLE PROVIDING FOR THE
 COLLECTION, HANDLING AND RECYCLING OR REUSE OF SUCH DETECTOR.
   2. A MANUFACTURER SHALL SUBMIT A REGISTRATION ON A FORM PRESCRIBED  BY
 THE DEPARTMENT BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE, ALONG WITH A
 REGISTRATION  FEE  OF  ONE  THOUSAND  DOLLARS.    THE REGISTRATION SHALL
 INCLUDE:
   (A) THE MANUFACTURER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
   (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR,  OR  OTHER  INDIVIDUAL
 DESIGNATED AS THE MANUFACTURER'S CONTACT FOR PURPOSES OF THIS TITLE;
   (C) THE LICENSE NUMBER OF THE SPECIFIC LICENSEE AUTHORIZED TO INITIAL-
 LY TRANSFER DETECTORS FOR USE BY EXEMPT PERSONS;
   (D) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
   (E)  SPECIFIC INFORMATION ON THE MANNER IN WHICH THE MANUFACTURER WILL
 COMPLY WITH SECTION 27-3205 OF THIS TITLE; AND
   (F) ANY OTHER INFORMATION THAT THE DEPARTMENT MAY REQUIRE.
   3. A MANUFACTURER'S REGISTRATION IS EFFECTIVE UPON ACCEPTANCE  BY  THE
 DEPARTMENT AND MUST BE UPDATED WITHIN THIRTY DAYS OF ANY MATERIAL CHANGE
 IN THE INFORMATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   4. ANY PERSON WHO BECOMES A MANUFACTURER OF IONIZATION SMOKE DETECTORS
 ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE SHALL REGISTER WITH
 THE  DEPARTMENT  PRIOR  TO SELLING OR OFFERING FOR SALE SUCH PRODUCTS IN
 THE STATE, AND MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   5. A MANUFACTURER SHALL REPORT  SUCH  INFORMATION  AS  THE  DEPARTMENT
 SHALL FROM TIME TO TIME REQUIRE.
   6.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE.
   7. ALL FEES AND CHARGES COLLECTED PURSUANT  TO  THIS  TITLE  SHALL  BE
 DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
 SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3205. WASTE ACCEPTANCE PROGRAM FOR IONIZATION SMOKE DETECTORS.
   1.  A  WASTE  ACCEPTANCE  PROGRAM SHALL BE SUBJECT TO THE DEPARTMENT'S
 APPROVAL AND SHALL AT A MINIMUM INCLUDE (A) A MAIL OR SHIP  BACK  RETURN
 PROGRAM;  (B)  A  PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE
 WASTE ACCEPTANCE PROGRAM, INCLUDING  BUT  NOT  LIMITED  TO  AN  INTERNET
 WEBSITE,  A  TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED
 IN THE PRODUCT MANUAL FOR, OR AT THE TIME OF  SALE  OF,  THE  IONIZATION
 SMOKE  DETECTOR  THAT INFORMS THE CONSUMER OF THE ENVIRONMENTAL BENEFITS
 OF RECYCLING RADIOACTIVE MATERIAL, BATTERIES AND OTHER COMPONENTS OF THE
 DETECTOR AND HOW TO RETURN OR OTHERWISE ARRANGE  FOR  RECYCLING  OF  THE
 DETECTOR, INCLUDING INSTRUCTIONS ON SAFE HANDLING AND PREPARATION OF THE
 DETECTOR  FOR RECYCLING; AND (C) ANY ADDITIONAL PROVISIONS DETERMINED BY

 A. 6263                             3
 
 THE DEPARTMENT TO CONTRIBUTE  TO  ENSURING  CONVENIENT  COLLECTION  FROM
 CONSUMERS  AND EFFECTIVENESS OF THE WASTE ACCEPTANCE PROGRAM. NOTHING IN
 THIS SECTION SHALL PRECLUDE THE OPERATION,  WITH  THE  APPROVAL  OF  THE
 DEPARTMENT,  OF  COOPERATIVE  OR COLLECTIVE WASTE ACCEPTANCE PROGRAMS BY
 MORE THAN ONE MANUFACTURER.
   2. A MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS  ASSOCIATED  WITH
 THE  IMPLEMENTATION  OF  THE  WASTE ACCEPTANCE PROGRAM. THE MANUFACTURER
 SHALL NOT CHARGE CONSUMERS FOR THE COLLECTION, HANDLING AND RECYCLING OF
 USED OR UNWANTED IONIZATION SMOKE DETECTORS, PROVIDED THAT SUCH PROHIBI-
 TION SHALL NOT APPLY TO A CHARGE ON BUSINESS CONSUMERS. FOR PURPOSES  OF
 THIS  SUBDIVISION,  "BUSINESS  CONSUMER" MEANS A FOR-PROFIT ENTITY WHICH
 HAS FIFTY OR MORE FULL TIME EMPLOYEES OR  A  NOT-FOR-PROFIT  CORPORATION
 WITH  SEVENTY-FIVE OR MORE FULL TIME EMPLOYEES, BUT NOT A NOT-FOR-PROFIT
 CORPORATION DESIGNATED UNDER SECTION 501(C)(3) OF THE  INTERNAL  REVENUE
 CODE.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 71-2731 to read as follows:
 § 71-2731. ENFORCEMENT OF TITLE 32 OF ARTICLE 27 OF THIS CHAPTER.
   1. ANY MANUFACTURER WHO:
   A. FAILS TO SUBMIT ANY REPORT, REGISTRATION OR FEE TO  THE  DEPARTMENT
 AS  REQUIRED BY TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER
 SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED  TWO  HUNDRED  DOLLARS
 FOR EACH DAY SUCH REPORT, REGISTRATION OR FEE IS NOT SUBMITTED; AND
   B.  VIOLATES  ANY OTHER PROVISION OF TITLE THIRTY-TWO OF ARTICLE TWEN-
 TY-SEVEN OF THIS CHAPTER OR FAILS TO PERFORM ANY DUTY  IMPOSED  BY  SUCH
 TITLE  SHALL  BE  LIABLE  FOR  A CIVIL PENALTY FOR EACH VIOLATION NOT TO
 EXCEED FIVE HUNDRED  DOLLARS  FOR  THE  FIRST  VIOLATION,  ONE  THOUSAND
 DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
 AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
   2. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
 SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
 PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR BY THE  COURT  IN  ANY
 ACTION OR PROCEEDING PURSUANT TO THIS SECTION, AND, IN ADDITION THERETO,
 SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
 VIOLATION.
   3. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
 TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.