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Who cares
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Sponsors
1 Co-sponsor
3 Multi-sponsors
History
- Referred to consumer affairs and protection
Full text
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Sponsor's memo
BILL NUMBER:A9490
Title of bill
An act to amend the general business law, in relation to restricting the sale of automotive refinish material
Purpose
To amend the general business law to prohibit the sale of automotive refinish material, the use of which results in the generation of hazardous waste to individuals not licensed for the use and application of such materials by the appropriate regulatory agencies.
Summary of provisions
This bill adds a new Section 309 to the General Business Law to prohibit any seller or supplier of automotive refinish material labeled "For Professional Else Only," the use of which results in the generation of hazardous waste, to individuals who fail to meet the local ordinances for the application of such materials. The bill also includes provisions for the imposition of an appropriate civil penalty if one is found, after notice and hearing, to have violated the provisions of this section.
Justification
As the public has become more environmental conscious, the auto body repair industry has been subjected to increasingly vigorous environmental regulation by federal, state and local regulatory authorities. With the ultimate goal underlying such regulation, a cleaner and safer environment, being a worthwhile object, present law still leaves unregulated the sale of such materials to those who fail to meet environmental regulatory requirements governing their application. Further, while auto body repair shops must account for the use and disposal of hazardous waste materials purchased through trade suppliers, individuals using such material on their own are not subject to such regulation. This bill would simply prohibit the sale of any automotive refinish material labeled "For Professional Use Only" to any individual not possessing proof of compliance with applicable local ordinances and licensing provisions mandated b y the appropriate regulatory authorities. The bill would, therefore, promote the goal of environmental protection by prohibiting the use of such materials by individuals not subject to proper regulation as to the use and disposal of it. The bill would also serve to inhibit the operation of the many unregistered and unlicensed repair shops which have been operating in our state with increasing frequency. The proliferation of unregistered repair shops would not only help promote a better, more efficient and more environmentally sound repair process, but should also result in the generating of revenues for the state. Sales tax revenues previously lost due to repairs being performed by unregistered "backyard" repair shops would be realized when those repairs are done at licensed and registered repair facilities.
Prior legislative history
2008: A587 ref. to Economic Dev. 2006: A.3037 referred to Economic Dev. 2004: A3111 died in Economic Dev., A.374 of 1998. Referred to Economic Dev.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.