Bill Text: NY A03391 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to recycling rechargeable batteries.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-03 - enacting clause stricken [A03391 Detail]

Download: New_York-2011-A03391-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3391
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by M. of A. KAVANAGH, P. RIVERA -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation to recy-
         cling rechargeable batteries
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  27-1809 of the environmental conservation law is
    2  amended by adding a new subdivision 5 to read as follows:
    3    5. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE  PROVISIONS
    4  OF THIS TITLE MAY BE ENFORCED BY AN AGENCY OR AGENCIES DESIGNATED BY THE
    5  MAYOR  OF  SUCH  CITY.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY
    6  NOTICE OF VIOLATION ISSUED BY AN AGENCY OR AGENCIES  DESIGNATED  BY  THE
    7  MAYOR OF SUCH CITY, CHARGING A VIOLATION OF THIS TITLE, SHALL BE RETURN-
    8  ABLE  TO  THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY, WHICH SHALL HAVE
    9  THE POWER TO IMPOSE THE  CIVIL  PENALTIES  HEREIN  PROVIDED.  ALL  CIVIL
   10  PENALTIES  COLLECTED  FOR  ANY VIOLATIONS OF THIS SECTION THAT HAVE BEEN
   11  IMPOSED BY THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY  SHALL  BE  PAID
   12  INTO THE GENERAL FUND OF SUCH CITY.
   13    S  2.  The  opening  paragraph of section 27-1811 of the environmental
   14  conservation law, as added by chapter  562  of  the  laws  of  2010,  is
   15  amended to read as follows:
   16    Jurisdiction in all matters pertaining to rechargeable battery recycl-
   17  ing  is,  by this title, vested exclusively in the state.  Any provision
   18  of any local law or ordinance, or any  rule  or  regulation  promulgated
   19  thereto, governing rechargeable battery recycling shall, upon the effec-
   20  tive  date  of  section  27-1805  of this title, be preempted; provided,
   21  however, that nothing in this section shall:
   22    1. preclude a person from coordinating, for recycling  or  reuse,  the
   23  collection of rechargeable batteries; OR
   24    2.  PRECLUDE  PROVISIONS OF THIS TITLE FROM BEING ENFORCED PURSUANT TO
   25  SUBDIVISION FIVE OF SECTION 27-1809 OF THIS TITLE.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07997-01-1