What's happening
This bill requires more detailed reporting and allows cities over one million people to enforce rechargeable battery recycling laws.
Why it matters
Requires more granular reporting. Battery recycling programs must now break out data specifically for cities with populations over one million, making it easier to track and address urban recycling challenges.
Empowers local enforcement in major cities. Cities with over one million residents—such as New York City—gain explicit authority to enforce rechargeable battery recycling laws, potentially leading to more responsive and tailored enforcement at the local level.
Directs penalty funds to city budgets. Fines collected by city agencies for violations in these large cities will be paid directly into the city’s general fund, providing a local financial incentive to actively enforce recycling rules.
Refines state preemption with local carve-out. While state law generally preempts local rules on battery recycling, this amendment clarifies that large cities are allowed to enforce state recycling standards, resolving past legal ambiguities about local authority.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Track Battery Recycling in Cities
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
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.
Strengthen Battery Recycling Rules
In Assembly Committee · Environmental Conservation · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2331
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
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 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 set forth in subdivisions one, two and three of this section. All civil 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.
LBD01290-01-9
S. 2331 2
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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to rechargeable battery recycling
Purpose
To maximize the removal of unwanted rechargeable batteries from the solid waste stream.
Summary of provisions
Section 1 of the bill amends paragraph b of subdivision 2 of section 27-1807 of the environmental conservation law as amended by chapter 562 of the laws of 2010 to require that reports of battery recycling activ- ity submitted by retailers under current law include the weight of rechargeable batteries received for recycling within the city with a population of one million or more.
Section 2 of the bill amends Section 27-1809 of the environmental conservation law to include a new subdivision 5 which would permit enforcement of section 27-1805 and subdivision one of section 27-1807 of the environmental conservation law within a city with a population of one million or more by an agency designated by the mayor of such city with violations returnable to the office of administrative trials and hearings of such city.
Section 3 of the bill amends Section 27-1811 of the environmental conservation law as added by chapter 562 of the laws of 2010 to clarify that the enforcement provisions in section 2 of the bill are not preempted in this subdivision.
Section 4 of the bill sets for the effective date.
Justification
It is in the public interest of New York State to maximize the removal of unwanted rechargeable batteries from the solid waste stream by banning their disposal from the solid waste stream, and requiring retailers and manufacturers of rechargeable batteries to take back and properly dispose of unwanted rechargeable batteries. The New York State law regarding the recycling of rechargeable batteries, enacted in 2010, A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring rechargeable battery retailers and manufacturers to establish a compre- hensive system for the collection, handling and proper disposal of rechargeable batteries.
Fiscal implications
New York State is likely to save a significant but undetermined amount due to reduced printing and mailing costs.
Fiscal impact on localities
None.
Impact on regulation of businesses and individuals
None.
Impact on fines,imprisonment,forfeiture of rights, or other penal sanc- tions
None.
Legislative history
2018: S7142A/A11261 - AMENDED AND RECOMMITTED TO ENVIRONMENTAL CONSERVA- TION/ referred to environmental conservation 2017: A8577 - stricken 2016: A5851 - referred to environmental conservation 2015: A5851 - referred to environmental conservation
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.