Bill Text: NY S00643 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to rechargeable battery recycling; adds a battery used as the principal electric power source for an electric scooter or bicycle with electric assist to the definition of "rechargeable battery"; provides that a battery manufacturer may not sell, offer for sale, or distribute rechargeable batteries in the state unless the battery manufacturer is implementing or participating under an approved plan; allows a city with a population of one million or more to enforce through its own agencies.

Spectrum: Slight Partisan Bill (Democrat 10-6)

Status: (Engrossed - Dead) 2024-06-06 - ordered to third reading rules cal.489 [S00643 Detail]

Download: New_York-2023-S00643-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           643

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- 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,  in  relation  to
          rechargeable battery recycling

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph b of subdivision 2  of  section  27-1807  of  the
     2  environmental  conservation  law, as added by chapter 562 of the laws of
     3  2010, is amended to read as follows:
     4    b. Submittance  to  the  department  of  annual  reports,  on  a  form
     5  prescribed  by  the  department,  concerning  the amount of rechargeable
     6  batteries received within the state and recycled either by number or  by
     7  weight; the costs of such efforts; and any other relevant information as
     8  required  by  the department.   Such reports shall include the weight of
     9  rechargeable batteries received within a city with a population  of  one
    10  million or more.
    11    §  2. Section 27-1809 of the environmental conservation law is amended
    12  by adding a new subdivision 5 to read as follows:
    13    5. In addition to any enforcement of this title  by  the  commissioner
    14  pursuant  to  subdivision  four  of this section, in a city with a popu-
    15  lation of one million or more, the provisions  of  section  27-1805  and
    16  subdivision  one  of section 27-1807 of this title may be enforced by an
    17  agency or agencies designated by the mayor of such city.  Any notice  of
    18  violation  issued  by  an  agency  designated  by the mayor of such city
    19  charging a violation of section 27-1805 and subdivision one  of  section
    20  27-1807  of  this title shall be returnable to the office of administra-
    21  tive trials and hearings of such city.  Such  office  of  administrative
    22  trials  and  hearings shall have the power to impose the civil penalties
    23  set forth in subdivisions one, two and three of this section. All  civil
    24  penalties  collected  for  any  violation  of  this title that have been

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02434-01-3
        S. 643                              2

     1  imposed by the office of administrative trials and hearings of such city
     2  shall be paid into the general fund of such city.
     3    §  3.  Section 27-1811 of the environmental conservation law, as added
     4  by chapter 562 of the laws of 2010, is amended to read as follows:
     5  § 27-1811. State preemption.
     6    Jurisdiction in all matters pertaining to rechargeable battery recycl-
     7  ing is, by this title, vested exclusively in the state. Any provision of
     8  any local law or ordinance, or any rule or regulation promulgated there-
     9  to, governing rechargeable battery recycling shall, upon  the  effective
    10  date  of section 27-1805 of this title, be preempted; provided, however,
    11  that nothing in this section shall preclude a person from  coordinating,
    12  for  recycling  or  reuse,  the collection of rechargeable batteries and
    13  provided, further, however, that nothing in this section shall  preclude
    14  the  enforcement  of  this title pursuant to subdivision five of section
    15  27-1809 of this title.
    16    § 4. This act shall take effect immediately.