S T A T E O F N E W Y O R K
________________________________________________________________________
989
2009-2010 Regular Sessions
I N S E N A T E
January 22, 2009
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Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, the economic development law,
the public authorities law and the state finance law, in relation to
recycling programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new
section 399-ff to read as follows:
S 399-FF. RECYCLED CONTENT OF PACKAGING. 1. FOR PURPOSES OF THIS
SECTION:
(A) "CONSUMER COMMODITY" OR "COMMODITY" SHALL MEAN THE FOLLOWING, IF
SOLD IN A PACKAGE:
(I) FOOD, WHETHER SOLID, LIQUID OR MIXED, AND ALL SUBSTANCES OR INGRE-
DIENTS ADDED THERETO FOR ANY PURPOSE, USED OR INTENDED FOR CONSUMPTION
BY HUMAN BEINGS OR DOMESTIC ANIMALS NORMALLY KEPT AS HOUSEHOLD PETS; AND
(II) GOODS, CUSTOMARILY SOLD AT RETAIL, THAT ARE USED BY CONSUMERS IN
THE PERFORMANCE OF SERVICES ORDINARILY RENDERED WITHIN THE HOUSEHOLD,
AND THAT ARE USUALLY CONSUMED OR EXPENDED IN THE COURSE OF SUCH USE.
(B) "LABEL" SHALL MEAN ANY WRITTEN, PRINTED OR GRAPHIC MATTER AFFIXED
TO ANY PACKAGE CONTAINING A CONSUMER COMMODITY.
(C) "PACKAGE" SHALL MEAN A CONTAINER IN WHICH ANY CONSUMER COMMODITY
IS ENCLOSED FOR SALE AT RETAIL, AND WHICH CONTAINS A SINGLE ITEM, A
QUANTITY OF THE SAME ITEM, A SET OR AN ITEM WITH ALL ITS COMPONENT
PARTS.
(D) "PRODUCT" SHALL MEAN THAT PORTION OF A CONSUMER COMMODITY OFFERED
FOR SALE AT RETAIL THAT IS NOT A PACKAGE.
2. NO MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT
OR EMPLOYEE THEREOF SHALL IMPORT, MANUFACTURE, SELL, HOLD FOR SALE OR
DISTRIBUTION ANY CONSUMER COMMODITY WHICH FAILS TO DISCLOSE ON THE LABEL
OF ITS PACKAGE THE RECYCLED CONTENT OF THE PACKAGE. THE LABEL SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06297-01-9
S. 989 2
CONTAIN A CIRCLE WITH AT LEAST THREE ARROWS ON THE CIRCUMFERENCE OF THE
CIRCLE ALL FACING THE SAME DIRECTION, WITH THE PERCENTAGE OF THE RECY-
CLED CONTENT OF THE PACKAGE LOCATED WITHIN SUCH CIRCLE.
3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE, THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY
SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE
PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
S 2. The general business law is amended by adding a new section 399-
fff to read as follows:
S 399-FFF. CONTRACTS FOR THE COLLECTION AND TRANSPORTATION OF COMMER-
CIAL WASTE. 1. DEFINITIONS.
A. "COMMERCIAL WASTE" SHALL MEAN WASTE GENERATED BY STORES, OFFICES,
INSTITUTIONS, RESTAURANTS, WAREHOUSES, AND NONMANUFACTURING ACTIVITIES
AT INDUSTRIAL FACILITIES.
B. "PERSON" SHALL MEAN ANY NATURAL PERSON, FIRM, ORGANIZATION, PART-
NERSHIP, ASSOCIATION OR CORPORATION.
C. "SOLID WASTE" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
27-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
2. EVERY WRITTEN CONTRACT FOR THE COLLECTION AND TRANSPORTATION OF
COMMERCIAL WASTE FROM A PLACE AT WHICH SUCH WASTE IS GENERATED, SHALL
SPECIFY THE RECYCLABLE, REUSABLE OR OTHER COMPONENTS OF SUCH WASTE THAT
ARE REQUIRED TO BE SEPARATED IN ACCORDANCE WITH A LOCAL LAW OR ORDINANCE
ADOPTED PURSUANT TO SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICI-
PAL LAW AND ANY PENALTIES IMPOSED BY SUCH LAW OR ORDINANCE FOR THE FAIL-
URE TO SEPARATE SUCH WASTE.
3. EVERY GENERATOR OF COMMERCIAL WASTE WHO CONTRACTS WITH ANOTHER
PERSON FOR THE COLLECTION AND TRANSPORTATION OF SUCH WASTE, SHALL
DISPLAY PROMINENTLY A NOTICE STATING THE RECYCLABLE, REUSABLE OR OTHER
COMPONENTS OF SUCH WASTE THAT THE GENERATOR IS REQUIRED TO SEPARATE
PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED IN ACCORDANCE WITH SECTION
ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.
4. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL
FINE NOT TO EXCEED ONE THOUSAND DOLLARS.
S 3. The economic development law is amended by adding a new section
187-a to read as follows:
S 187-A. RECYCLING MARKET DEVELOPMENT PROGRAMS. NOTWITHSTANDING ANY
PROVISION OF SECTIONS ONE HUNDRED EIGHTY-FOUR AND ONE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED PURSU-
ANT THERETO, AN ECONOMIC DEVELOPMENT POWER ALLOCATION MAY BE MADE TO A
BUSINESS ENGAGED IN THE UTILIZATION OF SECONDARY MATERIALS AS RAW MATE-
RIALS IN A MANUFACTURING PROCESS; PROVIDED THAT SUCH SECONDARY MATERIALS
S. 989 3
ARE RECOVERED FROM SOLID WASTE PURSUANT TO SECTION ONE HUNDRED TWENTY-AA
OF THE GENERAL MUNICIPAL LAW. APPLICATIONS FOR AN ALLOCATION OF ECONOM-
IC DEVELOPMENT POWER PURSUANT TO THIS SECTION SHALL BE EVALUATED UNDER
CRITERIA ADOPTED BY THE BOARD. SUCH CRITERIA SHALL ADDRESS, BUT NEED NOT
BE LIMITED TO:
(A) THE APPLICANT'S LONG TERM COMMITMENT TO THE DEVELOPMENT OF MARKETS
FOR SECONDARY MATERIALS IN NEW YORK STATE, AS EVIDENCED BY THE APPLI-
CANT'S CURRENT AND PLANNED CAPITAL INVESTMENT IN FACILITIES IN THE STATE
DESIGNED TO UTILIZE SECONDARY MATERIALS;
(B) THE EXTENT TO WHICH THE BUSINESS WILL SERVE AS A REGIONAL OR
STATEWIDE MARKET OUTLET FOR SECONDARY MATERIALS;
(C) THE TYPES OF SECONDARY MATERIALS TO BE UTILIZED BY THE APPLICANT,
AND THE EXTENT TO WHICH SUCH USE REPRESENTS A NEW MARKET OUTLET FOR
SECONDARY MATERIALS;
(D) THE EXTENT TO WHICH THE APPLICANT'S UTILIZATION OF SECONDARY MATE-
RIALS WILL SERVE TO DISPLACE THE CURRENT USE OF VIRGIN MATERIALS;
(E) THE EXTENT TO WHICH AN ALLOCATION OF ECONOMIC DEVELOPMENT POWER
WILL AFFECT THE OVERALL PRODUCTIVITY OR COMPETITIVENESS OF THE APPLI-
CANT'S BUSINESS AND THE BUSINESS'S UTILIZATION OF SECONDARY MATERIALS;
(F) THE GROWTH POTENTIAL OF THE BUSINESS FACILITY AND THE CONTRIBUTION
OF ECONOMIC STRENGTH TO THE AREA IN WHICH THE BUSINESS FACILITY IS OR
WOULD BE LOCATED;
(G) THE EXTENT TO WHICH AN ALLOCATION OF ECONOMIC DEVELOPMENT POWER IS
CONSISTENT WITH STATE, REGIONAL AND LOCAL ECONOMIC DEVELOPMENT AND SOLID
WASTE MANAGEMENT STRATEGIES, PLANS AND PRIORITIES AND SUPPORTED BY LOCAL
UNITS OF GOVERNMENT IN THE AREA WHERE THE BUSINESS IS OR WOULD BE
LOCATED; AND
(H) THE IMPACT OF THE ALLOCATION ON THE OPERATION OF ANY OTHER FACILI-
TIES OF THE APPLICANT, ON OTHER BUSINESSES ENGAGED IN THE USE OF SECOND-
ARY MATERIALS WITHIN THE STATE, AND UPON OTHER ELECTRIC RATEPAYERS.
FOR PURPOSES OF THIS SECTION AND SECTION ONE HUNDRED EIGHTY-SEVEN OF
THIS ARTICLE, "SECONDARY MATERIALS" SHALL HAVE THE DEFINITION SET FORTH
IN SUBDIVISION ONE OF SECTION TWO HUNDRED SIXTY-ONE OF THIS CHAPTER.
S 4. Subdivision (c) of section 187 of the economic development law,
as amended by chapter 316 of the laws of 1997, is amended to read as
follows:
(c) The board shall review the applications received and shall deter-
mine the applications which best meet the criteria established for the
allocations authorized under this article and it shall recommend such
applications to the power authority of the state of New York with such
terms and conditions as it deems appropriate. Except for allocations
subject to subdivision (g) of this section and section one hundred
eighty-five OR SECTION ONE HUNDRED EIGHTY-SEVEN-A of this article, each
allocation of economic development power recommended by the board shall
be to serve new electrical demand at facilities at which new jobs are
created. Such terms and conditions shall include reasonable provisions
providing for the partial or complete withdrawal of the economic devel-
opment power in the event the recipient fails to maintain mutually
agreed upon levels of employment and power utilization OR SECONDARY
MATERIALS USE.
S 5. Subdivision (c) of section 187 of the economic development law,
as added by chapter 32 of the laws of 1987, is amended to read as
follows:
(c) The board shall review the applications received and shall deter-
mine the applications which best meet the criteria and it shall recom-
mend such applications to the power authority of the state of New York
S. 989 4
with such terms and conditions as it deems appropriate. Except for allo-
cations subject to subdivision (g) of this section and section one
hundred eighty-five OR SECTION ONE HUNDRED EIGHTY-SEVEN-A of this arti-
cle, each allocation recommended by the board shall be to serve new
electrical demand at facilities at which new jobs are created. Such
terms and conditions shall include reasonable provisions providing for
the partial or complete withdrawal of the economic development power in
the event the recipient fails to maintain mutually agreed levels of
employment and power utilization OR SECONDARY MATERIALS USE.
S 6. Subdivision 13 of section 1005 of the public authorities law is
amended by adding a new paragraph (c) to read as follows:
(C) RECYCLING MARKET DEVELOPMENT. NOTWITHSTANDING ANY PROVISIONS OF
PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, THE TRUSTEES SHALL ESTABLISH SPECIAL
CRITERIA FOR THE EVALUATION OF APPLICATIONS FOR AN ALLOCATION OF EXPAN-
SION POWER TO BUSINESSES ENGAGED IN THE UTILIZATION OF SECONDARY MATERI-
ALS AS RAW MATERIALS IN A MANUFACTURING PROCESS; PROVIDED THAT SUCH
SECONDARY MATERIALS ARE RECOVERED FROM SOLID WASTE PURSUANT TO SECTION
ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW. SUCH CRITERIA SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO:
(1) THE APPLICANT'S LONG TERM COMMITMENT TO THE DEVELOPMENT OF MARKETS
FOR SECONDARY MATERIALS IN NEW YORK STATE, AS EVIDENCED BY THE APPLI-
CANT'S CURRENT AND PLANNED CAPITAL INVESTMENT IN FACILITIES IN THE STATE
DESIGNED TO UTILIZE SECONDARY MATERIALS;
(2) THE EXTENT TO WHICH THE BUSINESS WILL SERVE AS A REGIONAL OR
STATEWIDE MARKET OUTLET FOR SECONDARY MATERIALS;
(3) THE TYPES OF SECONDARY MATERIALS TO BE UTILIZED BY THE APPLICANT,
AND THE EXTENT TO WHICH SUCH USE REPRESENTS A NEW MARKET OUTLET FOR
SECONDARY MATERIALS;
(4) THE EXTENT TO WHICH THE APPLICANT'S UTILIZATION OF SECONDARY MATE-
RIALS WILL SERVE TO DISPLACE THE CURRENT USE OF VIRGIN MATERIALS;
(5) THE EXTENT TO WHICH AN ALLOCATION OF EXPANSION POWER WILL AFFECT
THE OVERALL PRODUCTIVITY OR COMPETITIVENESS OF THE APPLICANT'S BUSINESS
AND THE BUSINESS'S UTILIZATION OF SECONDARY MATERIALS;
(6) THE GROWTH POTENTIAL OF THE BUSINESS FACILITY AND THE CONTRIBUTION
OF ECONOMIC STRENGTH TO THE AREA IN WHICH THE BUSINESS FACILITY IS OR
WOULD BE LOCATED;
(7) THE EXTENT TO WHICH AN ALLOCATION OR EXPANSION POWER IS CONSISTENT
WITH STATE, REGIONAL AND LOCAL ECONOMIC DEVELOPMENT AND SOLID WASTE
MANAGEMENT STRATEGIES, PLANS AND PRIORITIES AND SUPPORTED BY LOCAL UNITS
OF GOVERNMENT IN THE AREA WHERE THE BUSINESS IS OR WOULD BE LOCATED; AND
(8) THE IMPACT OF THE ALLOCATION ON THE OPERATION OF ANY OTHER FACILI-
TIES OF THE APPLICANT, ON OTHER BUSINESSES ENGAGED IN THE USE OF SECOND-
ARY MATERIALS WITHIN THE STATE, AND UPON OTHER ELECTRIC RATEPAYERS.
FOR PURPOSES OF THIS SUBDIVISION, "SECONDARY MATERIALS" SHALL HAVE THE
DEFINITION SET FORTH IN SUBDIVISION ONE OF SECTION TWO HUNDRED SIXTY-ONE
OF THE ECONOMIC DEVELOPMENT LAW.
S 7. Subdivision 3 of section 165 of the state finance law is amended
by adding a new paragraph k to read as follows:
K. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE REQUIREMENTS SET FORTH
IN THIS SUBDIVISION PERTAINING TO THE RECYCLED CONTENT OF MATERIALS
PROCURED BY THE STATE SHALL APPLY TO ALL FIRMS AND ORGANIZATIONS, PUBLIC
AND PRIVATE, HAVING CONTRACTED WITH THE STATE ONE OR MORE TIMES IN A
GIVEN YEAR FOR ANY PURPOSE. THE RESPECTIVE TIMETABLES AND EFFECTIVE
DATES SET FORTH IN THIS SECTION PERTAINING TO THE RECYCLED CONTENT OF
S. 989 5
MATERIALS PROCURED BY THE STATE SHALL APPLY TO THE AFOREMENTIONED
VENDORS.
NOTHING IN THIS SECTION SHALL REQUIRE ANY ENTITY OTHER THAN THE STATE
TO PROVIDE ANNUAL REPORTS OR ADHERE TO THE PRICE PREMIUMS STIPULATED FOR
PROCURING SUPPLIES CONTAINING SECONDARY MATERIALS.
S 8. This act shall take effect October 1, 2009, provided that the
amendments to subdivision (c) of section 187 of the economic development
law made by section four of this act shall be subject to the expiration
and reversion of such subdivision pursuant to chapter 316 of the laws of
1997, as amended, when upon such date the provisions of section five of
this act shall take effect.