What's happening
This bill reimburses counties and electronic waste facilities for recycling costs not covered by manufacturers.
Why it matters
Statewide reimbursement. Counties and electronic waste collection, consolidation and recycling facilities could claim actual costs incurred in New York outside the manufacturer collection and recycling system.
Payment deadline. The Department of Environmental Conservation would review applications and pay compensation within 30 days of receiving an application.
State funding. The bill authorizes use of the solid waste account, subject to appropriation and budget approval, and requires quarterly allocations for anticipated claims.
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Who cares
County governments
Counties handling electronic waste could seek reimbursement for eligible collection, handling, recycling and reuse costs.
Electronic waste collection and recycling operators
Collection sites, consolidation facilities and recycling facilities could recover eligible costs through state payments.
Department of Environmental Conservation
The department would establish application requirements, review claims and administer compensation.
State fiscal officials
The comptroller would allocate funds quarterly, while spending would remain subject to appropriation and the budget director’s approval of availability.
Headline styles
Reimburse Electronic Waste Recycling Costs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5553a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5553--A
2017-2018 Regular Sessions
IN SENATE
April 11, 2017
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law and the state finance law, in relation to manufacturer liability for the cost of collection, handling, and recycling and reuse of electronic waste, and compensation by the state to electronic waste collection sites, consolidation facilities and recycling facilities for those costs not paid by a manufacturer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 8 of section 27-2605 of the environmental conservation law is designated paragraph (a) and a new paragraph (b) is added to read as follows:
(b) Any electronic waste collection site, electronic waste consolidation facility, electronic waste recycling facility or county which collects, handles, and/or recycles or reuses any item of covered electronic equipment may submit an application to the commissioner, in such form and containing such information as the commissioner may require, for state assistance payments toward the cost of collecting, handling, and/or recycling or reuse of covered electronic equipment incurred within the state when such covered electronic equipment was not collected, handled and/or recycled or reused pursuant to section 27-2603 of this title. The commissioner shall review such application and shall approve such application for the actual cost of collecting, handling, and/or recycling or reuse of covered electronic equipment incurred within the state. Compensation pursuant to this paragraph shall be paid within thirty days of receipt of an application therefor submitted to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10993-02-8
S. 5553--A 2
department, in such form and having such content as shall be determined by the commissioner in rules and regulations.
§ 2. Paragraph (b) of subdivision 6 of section 92-s of the state finance law, as amended by section 3 of part U of chapter 58 of the laws of 2016, is amended to read as follows:
(b) Moneys from the solid waste account shall be available, pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project; municipal waste reduction or recycling project, as defined in article fifty-four of the environmental conservation law; for the purposes of section two hundred sixty-one and section two hundred sixty-four of the economic development law; any project for the development, updating or revision of local solid waste management plans pursuant to sections 27-0107 and 27-0109 of the environmental conservation law; environmental justice projects and grants [and]; for the development of the pesticide sales and use data base pursuant to title twelve of article thirty-three of the environmental conservation law; and for the payment of the costs of the collection, handling, and/or recycling and reuse of electronic waste pursuant to paragraph (b) of subdivision eight of section 27-2605 of the environmental conservation law.
§ 3. Subdivision 8 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows:
8. All payments of moneys from the fund shall be made on the audit and warrant of the comptroller; provided, however, that the comptroller shall, during each quarter, allocate moneys from the solid waste account to the department of environmental conservation for the payment of claims for compensation anticipated to be submitted, pursuant to paragraph (b) of subdivision eight of section 27-2605 of the environmental conservation law, during such quarter.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall apply to electronic waste collected, handled, and/or recycled and reused on or after January 1, 2018; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Purpose
To provide for the payment of compensation by the Department of Environ- mental Conservation to electronic waste collection sites, collection facilities, recycling facilities and counties.
Summary of provisions
Subdivision 8 of section 27-2605 of the environmental conservation law is further amended to include a new subdivision (b) which states that any electronic waste collection site, electronic waste consolidation facility, electronic waste recycling facility, or county which collects, handles, and/or recycles or reuses any item of covered electronic equip- ment may submit an application to the commissioner, in such form and containing such information as the commissioner may require, for state assistance payments toward such costs, and the commissioner shall review such application and shall approve such application for the actual cost of collecting, handling, and/or recycling or reuse covered electronic equipment incurred within the state of New York.
Section 2 amends paragraph (b) of subdivision 6 of section 92-s of the state finance law, to allow for the payment of the costs of collection, handling, and/or recycling and reuse of electronic waste, pursuant to paragraph (b) of subdivision eight of section 27-2605 of the environ- mental conservation law.
Section 3 amends subdivision 8 of section 92-s of the state finance law to provide that the comptroller shall, during each quarter, allocate moneys from the solid waste account to the department of environmental conservation for the payment of claims for compensation anticipated to be submitted, pursuant to paragraph (b) of subdivision eight of section 27-2605 of the environmental conservation law, during such quarter.
Section 4 provides that this act shall take effect on the first of Janu- ary next succeeding the date on which it shall have become a law, and shall apply to the electronic waste collected, handled, and/or recycled and reused on or after January 1, 2018; provided, however, that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
Justification
The "NYS Electronic Equipment Recycling and Reuse Act" was signed into law on May 28, 2010, with the purpose of establishing a state-wide elec- tronic equipment reuse and recycling program. Under this program, manufacturers provide free and convenient recycling of electronic waste to most consumers in the state.
This legislation allows electronic waste collection sites, electronic waste consolidation facilities, electronic waste recycling facilities, and counties that collect, handle, and/or recycle or reuse any covered electronic equipment to be reimbursed for the costs of collecting, handling, and/or recycling and reusing, from the Department of Environ- mental Conservation By allowing sites to be reimbursed for the actual cost of collection, this legislation will further promote the safe and efficient recycling and reuse of electronic equipment.
Prior legislative history
2017: S.5553 REFERRED TO ENVIRONMENTAL CONSERVATION 2016: S.6532 REFERRED TO ENVIRONMENTAL CONSERVATION
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall apply to electronic waste collected, handled, and/or recycled and reused on or after January 1, 2018; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
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