What's happening
This bill allows New York City to enforce rechargeable battery recycling laws and collect related civil penalties locally.
Why it matters
Enables New York City to directly enforce rechargeable battery recycling requirements. , which could lead to more consistent and rigorous local compliance and oversight, especially given the city’s large population and waste stream.
Allows civil penalties collected from recycling law violations to go into the city’s general fund. , potentially providing NYC with additional resources to support environmental or other public programs.
Requires recycling reports to specify the amount of rechargeable batteries collected specifically in New York City. , increasing transparency and allowing both the city and state to better track and address local recycling performance and challenges.
Clarifies state preemption to explicitly permit local enforcement in NYC. , reducing legal barriers and empowering the city to address gaps or delays in state-level enforcement of rechargeable battery recycling laws.
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Who cares
Rechargeable battery recycling report filers
Annual reports would have to include the weight of rechargeable batteries received within a city of one million or more residents.
Mayors and designated city agencies
In cities of one million or more residents, mayors could designate agencies to enforce specified rechargeable battery recycling provisions alongside state enforcement.
City offices of administrative trials and hearings
These offices would hear city-issued violations and could impose civil penalties, with collections paid into the city's general fund.
State environmental regulators
The bill would preserve state enforcement while creating an exception to state preemption for the newly authorized city enforcement.
Headline styles
Strengthen Battery Recycling Rules
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
20 Co-sponsors
2 Multi-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Track Battery Recycling in Cities
In Senate Committee · Environmental Conservation · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4559
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. ROZIC, ENGLEBRIGHT, D'URSO, BARRON, DINOWITZ, VANEL, DICKENS, RIVERA, BYRNE, MORINELLO, LAWRENCE, CROUCH, BLANKEN- BUSH, B. MILLER, JAFFEE, D. ROSENTHAL, HYNDMAN, ARROYO, BLAKE, HUNTER -- Multi-Sponsored by -- M. of A. PALMESANO, THIELE -- read once and referred 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 Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 2 of section 27-1807 of the environmental conservation law, as added by chapter 562 of the laws of 2010, is amended to read as follows:
b. Submittance to the department of annual reports, on a form prescribed by the department, concerning the amount of rechargeable batteries received within the state and recycled either by number or by weight; the costs of such efforts; and any other relevant information as required by the department. Such reports shall include the weight of rechargeable batteries received within a city with a population of one million or more.
§ 2. Section 27-1809 of the environmental conservation law is amended by adding a new subdivision 5 to read as follows:
5. In addition to any enforcement of this title by the commissioner pursuant to subdivision four of this section, in a city with a population of one million or more, the provisions of section 27-1805 and subdivision one of section 27-1807 of this title may be enforced by an agency or agencies designated by the mayor of such city. Any notice of violation issued by an agency designated by the mayor of such city charging a violation of section 27-1805 and subdivision one of section 27-1807 of this title shall be returnable to the office of administrative trials and hearings of such city. Such office of administrative trials and hearings shall have the power to impose the civil penalties
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01290-01-9
A. 4559 2
set forth in subdivisions one, two and three of this section. All civil penalties collected for any violation of this title that have been imposed by the office of administrative trials and hearings of such city shall be paid into the general fund of such city.
§ 3. Section 27-1811 of the environmental conservation law, as added by chapter 562 of the laws of 2010, is amended to read as follows: § 27-1811. State preemption.
Jurisdiction in all matters pertaining to rechargeable battery recycling is, by this title, vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing rechargeable battery recycling shall, upon the effective date of section 27-1805 of this title, be preempted; provided, however, that nothing in this section shall preclude a person from coordinating, for recycling or reuse, the collection of rechargeable batteries and provided, further, however, that nothing in this section shall preclude the enforcement of this title pursuant to subdivision five of section 27-1809 of this title.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.