S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   348

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  creating a small business and household pollution prevention program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                TITLE 29
                      SMALL BUSINESS AND HOUSEHOLD
                      POLLUTION PREVENTION PROGRAM
SECTION 27-2901. LEGISLATIVE FINDINGS.
        27-2903. DEFINITIONS.
        27-2905. SMALL   BUSINESS  AND  HOUSEHOLD  POLLUTION  PREVENTION
                   PROGRAM.
        27-2907. SMALL BUSINESS HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
        27-2909. HOUSEHOLD HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
        27-2911. REGULATIONS.
        27-2913. GRANTS  FOR  SMALL  BUSINESS  AND  HOUSEHOLD  POLLUTION
                   PREVENTION PROGRAMS.
        27-2915. GRANTS FOR COLLECTION EVENTS.
S 27-2901. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS AND DECLARES AS FOLLOWS:
  1.  IT IS THE GOAL OF THE STATE TO ACHIEVE A GOAL OF ZERO DISCHARGE OF
POLLUTANTS INTO OUR AIR, WATER,  AND  LAND.    THIS  GOAL  WILL  NOT  BE
ACHIEVED  WITH  TRADITIONAL  METHODS OF REGULATING POLLUTANTS AFTER THEY
ARE GENERATED THROUGH VOLUNTARY POLLUTION PREVENTION MEASURES, RECOGNIZ-
ING THIS GOAL MAY NOT BE COMPLETELY ACHIEVABLE BY SOME.
  2. EDUCATION, DEMONSTRATION PROJECT, AND TECHNICAL ASSISTANCE PROGRAMS
ON POLLUTION PREVENTION ARE ESSENTIAL TO HELP  SMALL  AND  MEDIUM  SIZED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00900-01-9

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BUSINESSES  ACHIEVE THE ZERO DISCHARGE GOAL AND HELP THE PUBLIC CONSERVE
RESOURCES, REDUCE THE VOLUME AND TOXICITY  OF  WASTES,  AND  RECYCLE  OR
RECLAIM WASTES.
  3. HAZARDOUS SUBSTANCES AND OTHER WASTES GENERATED BY SMALL BUSINESSES
AND HOUSEHOLDS MAY PRESENT DANGERS TO THE PUBLIC HEALTH AND THE ENVIRON-
MENT  IF  MANAGED  IMPROPERLY.  THESE  DANGERS CAN BE GREATLY REDUCED BY
POLLUTION PREVENTION  TECHNIQUES,  INCLUDING  SOURCE  REDUCTION,  ENERGY
CONSERVATION,  WASTE  MINIMIZATION,  REDUCTION IN THE TOXICITY OF WASTES
GENERATED, BENEFICIAL USE, REUSE, RECYCLING, AND RECLAMATION.
  4. TRADITIONAL "END-OF-PIPE" POLLUTION CONTROL TECHNIQUES OFTEN RESULT
IN THE TRANSFER OF POLLUTANTS FROM ONE ENVIRONMENTAL MEDIUM TO  ANOTHER.
POLLUTION  PREVENTION  AND  SOURCE REDUCTION TECHNIQUES REDUCE POLLUTION
FORMING IN THE FIRST PLACE AND LESSEN TRANSFERS AMONG  AIR,  WATER,  AND
LAND.
S 27-2903. DEFINITIONS.
  THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS TITLE SHALL HAVE THE
MEANINGS  GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDI-
CATES OTHERWISE:
  1. "COLLECTION CONTRACTOR." A PERSON REGISTERED AND  APPROVED  BY  THE
DEPARTMENT AND RETAINED BY A SPONSOR TO OPERATE A WASTE COLLECTION EVENT
FOR ELIGIBLE ENTITIES UNDER THIS TITLE.
  2.  "COLLECTION  EVENT."  AN EVENT OR PROGRAM THAT INCLUDES COLLECTION
AND MANAGEMENT OF SOLID WASTES FROM ELIGIBLE ENTITIES UNDER THIS  TITLE.
THE TERM INCLUDES ONE-DAY WASTE COLLECTION PROGRAMS AND WASTE COLLECTION
PROGRAMS  THAT ARE DESIGNED FOR CONTINUOUS OR ONGOING OPERATION THROUGH-
OUT A DESIGNATED PERIOD OF TIME.
  3. "ELIGIBLE ENTITY." A HOUSEHOLD,  A  POLITICAL  SUBDIVISION  OF  THE
STATE, OR A SMALL BUSINESS.
  4.  "HAZARDOUS  SUBSTANCE."  HAZARDOUS WASTE AS DEFINED IN SUBDIVISION
ONE OF SECTION 27-1301 OF THIS ARTICLE.
  5. "MUNICIPALITY." A COUNTY, CITY, TOWN, OR VILLAGE.
  6. "POLLUTION PREVENTION ASSESSMENT." AN EVALUATION DESIGNED TO  IDEN-
TIFY  OPPORTUNITIES  TO  ELIMINATE  AND  REDUCE POLLUTION OR REUSE WASTE
MATERIALS.
  7. "PROGRAM." THE SMALL BUSINESS AND  HOUSEHOLD  POLLUTION  PREVENTION
PROGRAM CREATED BY SECTION 27-2905 OF THIS TITLE.
  8.  "SMALL  BUSINESS." A BUSINESS ENTITY THAT IS SO DEFINED IN SECTION
ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
  9. "SPONSOR." A MUNICIPALITY, CORPORATION, PUBLIC UTILITY, TRADE ASSO-
CIATION,  NOT-FOR-PROFIT  CORPORATION,  NOT-FOR-PROFIT  ASSOCIATION,  OR
OTHER  PERSON SPONSORING A COLLECTION EVENT OR SMALL BUSINESS AND HOUSE-
HOLD POLLUTION PREVENTION  PROGRAM  FOR  ELIGIBLE  ENTITIES  UNDER  THIS
TITLE.
  10.  "UNIVERSAL WASTE." HAS THE MEANING PROVIDED FOR IN PARAGRAPH F OF
SUBDIVISION ONE OF SECTION 27-0923 OF THIS ARTICLE.
S 27-2905. SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM.
  1. ESTABLISHMENT. THE DEPARTMENT SHALL ESTABLISH  THE  SMALL  BUSINESS
AND  HOUSEHOLD  POLLUTION PREVENTION PROGRAM FOR EDUCATING AND PROVIDING
ASSISTANCE TO SMALL BUSINESSES  AND  THE  GENERAL  PUBLIC  IN  POLLUTION
PREVENTION  AND  THE  PROPER  MANAGEMENT  OF  SOLID WASTES AND HAZARDOUS
SUBSTANCES GENERATED IN HOUSEHOLDS AND SMALL BUSINESSES.
  2. EDUCATIONAL MATERIALS. THE  DEPARTMENT  SHALL  DEVELOP  EDUCATIONAL
MATERIALS  FOR  THE  OPERATION OF THE PROGRAM IN CONSULTATION WITH SMALL
BUSINESSES, TRADE ASSOCIATIONS, EDUCATIONAL INSTITUTIONS, AND  APPROPRI-
ATE ADVISORY COMMITTEES.

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  3. PROGRAM CONCERNS. THE PROGRAM SHALL INCLUDE EDUCATION, TRAINING AND
TECHNICAL ASSISTANCE CONCERNING:
  A.  SOURCE  REDUCTION  AND METHODS FOR CONDUCTING POLLUTION PREVENTION
ASSESSMENTS TO ELIMINATE OR REDUCE  THE  VOLUME  OR  TOXICITY  OF  SOLID
WASTES GENERATED.
  B. NATURAL RESOURCE AND ENERGY CONSERVATION.
  C.  OPPORTUNITIES TO REDUCE ENVIRONMENTAL CONTAMINATION FROM AIR EMIS-
SIONS AND WATER EFFLUENTS.
  D. OPPORTUNITIES TO BENEFICIALLY USE, REUSE, RECYCLE, OR RECLAIM SOLID
WASTE MATERIALS.
  E. OPPORTUNITIES TO COLLECT AND MANAGE UNIVERSAL WASTES RECEIVED  FROM
SMALL BUSINESS AND THE GENERAL PUBLIC.
  F.  OPPORTUNITIES TO DEVELOP AND APPLY ENVIRONMENTAL IMPROVEMENT TECH-
NOLOGIES AND METHODS.
  G. INFORMATION ON COMPLIANCE WITH APPLICABLE ENVIRONMENTAL  PROTECTION
LAWS, INCLUDING COMPLIANCE WITH SOLID WASTE MANAGEMENT REQUIREMENTS.
  4.  TECHNICAL  ASSISTANCE.  THE  DEPARTMENT  SHALL PROVIDE EDUCATIONAL
MATERIALS AND TECHNICAL ASSISTANCE TO SPONSORS AND  COLLECTION  CONTRAC-
TORS  FOR THE OPERATION OF THE PROGRAMS AND COLLECTION EVENTS TO ENCOUR-
AGE AND PROMOTE ALL ASPECTS OF POLLUTION PREVENTION.
  5. TECHNICAL  ASSISTANCE  FOR  IMPLEMENTATION.  THE  DEPARTMENT  SHALL
PROVIDE  TECHNICAL  ASSISTANCE TO SPONSORS AND COLLECTION CONTRACTORS TO
IMPLEMENT THE PURPOSES OF THIS TITLE AND TO FACILITATE THE  PROGRAM  AND
THE  PROPER  COLLECTION,  TREATMENT, RECYCLING, OR DISPOSAL OF HAZARDOUS
SUBSTANCES GENERATED BY ELIGIBLE ENTITIES.
  6. SITE VISIT. AT THE REQUEST OF A SMALL BUSINESS, THE DEPARTMENT  MAY
OFFER A POLLUTION PREVENTION ASSESSMENT SITE VISIT AT THE PLACE OF BUSI-
NESS  AND  MAY  PROVIDE  ASSISTANCE ON COMPLIANCE WITH THE ENVIRONMENTAL
PROTECTION LAWS ADMINISTERED BY THE DEPARTMENT AND  GUIDANCE  ISSUED  BY
THE DEPARTMENT ON POLLUTION PREVENTION.
  7.  PRIVATE  CONTRACT AUTHORIZATION. THE DEPARTMENT MAY COOPERATE WITH
AND MAY CONTRACT FOR SERVICES FROM PRIVATE AND  OTHER  ENTITIES  AND  IS
AUTHORIZED  TO  MAKE GRANTS TO PRIVATE, GOVERNMENTAL, AND OTHER ENTITIES
TO IMPLEMENT THIS TITLE.
S 27-2907. SMALL BUSINESS HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
  1. GENERAL RULE. A SPONSOR MAY ESTABLISH A COLLECTION PROGRAM FOR  THE
COLLECTION AND MANAGEMENT OF SOLID WASTES GENERATED BY ELIGIBLE ENTITIES
THROUGH  COLLECTION  EVENTS. EACH SPONSOR MUST REGISTER THE PROGRAM WITH
THE DEPARTMENT AND RECEIVE APPROVAL OF THE DEPARTMENT PRIOR TO  COMMENC-
ING OPERATION.
  2.  SITES. COLLECTION EVENTS MAY BE CONDUCTED ON SITES SELECTED BY THE
SPONSOR. SUCH SITES MAY BE ON PUBLIC OR PRIVATE PROPERTY, INCLUDING, BUT
NOT LIMITED TO, PROPERTY OWNED, LEASED OR CONTROLLED BY THE  STATE,  ITS
AGENCIES,  OR  ITS POLITICAL SUBDIVISIONS. WRITTEN PERMISSION TO USE THE
SITE FOR THE CONDUCT OF THE EVENT SHALL BE OBTAINED FROM THE OWNER PRIOR
TO THE EVENT.
  3. LIABILITY. AN OWNER WHO, WITHOUT CHARGE, PERMITS ANY PROPERTY TO BE
USED AS A SITE FOR A COLLECTION  EVENT  SHALL  NOT  BE  LIABLE  FOR  ANY
DAMAGE, HARM, OR INJURY TO ANY PERSON OR PROPERTY WHICH RESULTS FROM THE
USE  OF  THE  PROPERTY  AS A SITE FOR A COLLECTION EVENT. A SPONSOR OF A
COLLECTION EVENT SHALL NOT BE LIABLE FOR ANY DAMAGE, HARM, OR INJURY  TO
ANY  PERSON OR PROPERTY WHICH RESULTS FROM THE OPERATION OF A COLLECTION
EVENT.
  4. LIMITATION OF TYPE. THE SPONSOR MAY LIMIT THE TYPES OF SOLID WASTES
OR MATERIALS TO BE COLLECTED AT A COLLECTION EVENT  IN  ACCORDANCE  WITH
GUIDANCE  ISSUED BY THE DEPARTMENT AND FURTHER LIMITATIONS DETERMINED AT

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THE DISCRETION OF THE SPONSOR. A SMALL BUSINESS ENTITY MAY BRING  UP  TO
BUT  NOT  MORE  THAN  ONE THOUSAND KILOGRAMS OF HAZARDOUS SUBSTANCE TO A
COLLECTION EVENT OR COLLECTION EVENTS IN ANY CALENDAR  MONTH  FOR  WASTE
RECYCLING, TREATMENT, OR DISPOSAL ARRANGED BY THE COLLECTION CONTRACTOR.
  5.  FEES.  THE  SPONSOR  MAY ESTABLISH AND ASSESS REASONABLE FEES FROM
ELIGIBLE  ENTITIES  FOR  SERVICES  PROVIDED  IN  CONNECTION   WITH   THE
COLLECTION EVENT.
  6.  REGISTRATION  AND  APPROVAL.  THE  SPONSOR MAY SELECT A COLLECTION
CONTRACTOR TO OPERATE THE COLLECTION EVENT OR MAY OPERATE THE COLLECTION
EVENT AS THE COLLECTION CONTRACTOR. EACH SPONSOR OR COLLECTION  CONTRAC-
TOR  WHICH  OPERATES  A  COLLECTION  EVENT  MUST FIRST BE REGISTERED AND
APPROVED BY THE DEPARTMENT TO OPERATE COLLECTION EVENTS. THE  DEPARTMENT
SHALL  ISSUE GUIDANCE FOR REGISTRATION REQUIREMENTS FOR THE OPERATION OF
COLLECTION EVENTS.
  7. QUALIFICATIONS. NO COLLECTION CONTRACTOR MAY BE SELECTED TO OPERATE
A COLLECTION EVENT UNLESS THE CONTRACTOR CAN DEMONSTRATE TO  THE  SATIS-
FACTION  OF  THE  DEPARTMENT ITS ABILITY TO COLLECT, PACKAGE, TRANSPORT,
AND DISPOSE OF SOLID WASTE COLLECTED UNDER THIS PROGRAM CONSISTENT  WITH
THE REQUIREMENTS OF THIS CHAPTER AND THE REGULATIONS OF THE DEPARTMENT.
  8.  INELIGIBILITY.  A  COLLECTION  CONTRACTOR SHALL NOT BE ELIGIBLE TO
OPERATE A COLLECTION EVENT IF THE DEPARTMENT FINDS THAT SUCH PERSON  HAS
SHOWN  A  LACK  OF ABILITY OR A LACK OF INTENT TO COMPLY WITH APPLICABLE
LAWS AND REGULATIONS OF THIS STATE, OTHER STATES, OR THE UNITED STATES.
  9. GENERATOR. A COLLECTION CONTRACTOR SHALL BE DEEMED TO BE THE GENER-
ATOR OF HAZARDOUS SUBSTANCES COLLECTED AT THE EVENT WHICH  IS  SENT  FOR
TREATMENT, STORAGE, OR DISPOSAL AT A PERMITTED HAZARDOUS WASTE FACILITY.
  10. POLLUTION PREVENTION. THE COLLECTION CONTRACTOR SHALL PRACTICE AND
ENCOURAGE  POLLUTION  PREVENTION  AND SHALL RECYCLE OR RECLAIM COLLECTED
SOLID WASTES TO THE GREATEST EXTENT PRACTICABLE.
  11. DOCUMENTATION. IN CONDUCTING A COLLECTION EVENT UNDER THIS  TITLE,
THE  COLLECTION  CONTRACTOR  SHALL  MANAGE  WASTES  AND  OTHER MATERIALS
RECEIVED AT A COLLECTION EVENT IN COMPLIANCE WITH  APPLICABLE  LAWS  AND
REGULATIONS  OF  THIS  STATE.  THE SPONSOR AND THE COLLECTION CONTRACTOR
SHALL PROVIDE DOCUMENTATION AND RECORDS OF AN EVENT AS REQUESTED BY  THE
DEPARTMENT.
  12.  OPTIONAL  PARTICIPATION. THIS SECTION SHALL NOT BE INTERPRETED AS
REQUIRING A SMALL BUSINESS TO PARTICIPATE IN A SMALL BUSINESS  HAZARDOUS
SUBSTANCE  COLLECTION  PROGRAM,  OR AS PROHIBITING A SMALL BUSINESS FROM
DISPOSING OF ITS HAZARDOUS SUBSTANCES UNDER OTHER APPLICABLE LAWS.
S 27-2909. HOUSEHOLD HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
  1. COLLECTION EVENTS. A SPONSOR MAY ESTABLISH A COLLECTION  EVENT  FOR
THE  PURPOSE  OF COLLECTING AND MANAGING HOUSEHOLD HAZARDOUS SUBSTANCES.
A COLLECTION EVENT DESIGNED FOR  HOUSEHOLD  HAZARDOUS  SUBSTANCES  SHALL
MEET  THE STANDARDS AND REQUIREMENTS OF SECTION 27-2907 OF THIS TITLE. A
SPONSOR MAY OPERATE A COLLECTION EVENT EXCLUSIVELY FOR HOUSEHOLD HAZARD-
OUS SUBSTANCES, EXCLUSIVELY FOR SMALL BUSINESS WASTE, OR  FOR  SPECIFIED
WASTES FROM ELIGIBLE ENTITIES.
  2.  HAZARDOUS  SUBSTANCES. A COLLECTION EVENT THAT INCLUDES COLLECTION
OF HOUSEHOLD HAZARDOUS SUBSTANCES SHALL  PROVIDE  EDUCATIONAL  MATERIALS
THAT EMPHASIZE HOME SAFETY, FIRE PREVENTION, AND POLLUTION PREVENTION IN
THE HOME, INCLUDING SOURCE REDUCTION THROUGH THE USE OF ALTERNATIVE LESS
TOXIC PRODUCTS, RECYCLING, AND PROPER DISPOSAL METHODS FOR WASTE MATERI-
ALS  THAT  CANNOT BE RECYCLED. WASTE MATERIALS COLLECTED FROM HOUSEHOLDS
SHALL BE APPROPRIATELY REUSED OR RECYCLED TO THE GREATEST EXTENT PRACTI-
CABLE. THE DEPARTMENT SHALL  ISSUE  GUIDANCE  ON  PROPER  MANAGEMENT  OF
HOUSEHOLD HAZARDOUS SUBSTANCES.

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S 27-2911. REGULATIONS.
  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS AS NEEDED TO IMPLEMENT
THIS TITLE.
S 27-2913. GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION  PREVENTION
            PROGRAMS.
  1.  GENERAL  RULE.  THE  DEPARTMENT IS AUTHORIZED TO PROVIDE GRANTS TO
COUNTIES NOT WHOLLY CONTAINED WITHIN A CITY AND CITIES  CONTAINING  MORE
THAN  ONE COUNTY, TO REIMBURSE A COUNTY FOR ELIGIBLE COSTS FOR EDUCATION
PROGRAMS ON  POLLUTION  PREVENTION  OR  FOR  PROVIDING  OTHER  TECHNICAL
ASSISTANCE TO SMALL BUSINESS FOR THE PURPOSE OF THIS TITLE.
  2.  EDUCATION  PROGRAMS.  THE  GRANTS TO COUNTIES NOT WHOLLY CONTAINED
WITHIN A CITY AND CITIES CONTAINING MORE  THAN  ONE  COUNTY  UNDER  THIS
SECTION MAY REIMBURSE THE COUNTY OR CITY FOR UP TO EIGHTY PERCENT OF THE
APPROVED  COST  OF  EDUCATION  PROGRAMS  ON  POLLUTION PREVENTION OR FOR
PROVIDING TECHNICAL ASSISTANCE TO SMALL BUSINESS  FOR  THE  PURPOSES  OF
THIS TITLE.
  3. ELIGIBLE COSTS. ELIGIBLE COSTS UNDER THIS SECTION MAY INCLUDE COSTS
INCURRED  BY  COUNTIES  NOT  WHOLLY  CONTAINED  WITHIN A CITY AND CITIES
CONTAINING MORE THAN ONE COUNTY BY  CONTRACT  WITH  ANOTHER  SPONSOR  OR
OTHER PERSON SELECTED BY THE COUNTY OR CITY TO OPERATE THE PROGRAM UNDER
THIS  TITLE. THE DEPARTMENT SHALL ISSUE GUIDANCE FOR COUNTIES NOT WHOLLY
CONTAINED WITHIN A CITY AND CITIES CONTAINING MORE THAN  ONE  COUNTY  IN
THE OPERATION OF THE PROGRAM AND FOR ELIGIBILITY REQUIREMENTS FOR GRANTS
ADMINISTERED UNDER THIS SECTION.
S 27-2915. GRANTS FOR COLLECTION EVENTS.
  1.  FUNDS.  THE  DEPARTMENT  IS  AUTHORIZED TO ADMINISTER APPROPRIATED
FUNDS FOR THE ADMINISTRATION OF THESE PROGRAMS.
  2. GRANT ELIGIBILITY. GRANTS APPROVED UNDER THIS TITLE MAY BE PAID  TO
A  REGISTERED  SPONSOR  OF  A COLLECTION EVENT, INCLUDING SPONSORS OTHER
THAN MUNICIPALITIES. THE DEPARTMENT IS AUTHORIZED TO REIMBURSE  SPONSORS
FOR  ELIGIBLE  COSTS INCURRED AFTER THE EFFECTIVE DATE OF THIS TITLE FOR
THE OPERATION OF COLLECTION EVENTS  FOR  ELIGIBLE  ENTITIES  UNDER  THIS
TITLE.
  3.  MATCHING  REQUIREMENT.  THE  FUNDS  ADMINISTERED BY THE DEPARTMENT
UNDER THIS TITLE MAY BE EXPENDED BY THE DEPARTMENT ONLY  TO  THE  EXTENT
THAT  THE  GRANT  AMOUNT HAS BEEN MATCHED, AT LEAST DOLLAR FOR DOLLAR IN
VALUE, BY THE GRANT APPLICANT. SPONSORS OF A COLLECTION EVENT ARE HEREBY
AUTHORIZED TO RECEIVE ALL OR PART OF THE REQUIRED  MATCHING  FUNDS  FROM
MANUFACTURERS OR OTHER PERSONS.
  4.  OTHER  LIMITATIONS.  NO MORE THAN ONE HUNDRED THOUSAND DOLLARS PER
FISCAL YEAR MAY BE EXPENDED BY THE DEPARTMENT FOR COLLECTION  EVENTS  IN
ANY ONE COUNTY NOT WHOLLY CONTAINED WITHIN A CITY, AND NO MORE THAN FIVE
HUNDRED   THOUSAND  DOLLARS  MAY  BE  EXPENDED  BY  THE  DEPARTMENT  FOR
COLLECTION EVENTS IN ANY CITY CONTAINING MORE THAN ONE COUNTY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner  of  environ-
mental  conservation  is  authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date on or before such date.