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