NY State Senate Bill 2009-S989

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 22, 2009	referred to consumer protection

2009-S989 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §§399-ff & 399-fff, Gen Bus L; add §187-a, amd §187, Ec Dev L; amd §1005, Pub Auth L; amd §165, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S2576

2009-S989 (ACTIVE) - Summary

Requires the recycled content of packaging be disclosed on the package label; requires waste collection and transportation contracts to specify that the recyclable, reusable or other components are required to be separated in accordance with local law; authorizes economic development power allocation to businesses engaged in the utilization of secondary materials as raw materials in a manufacturing process and makes provisions relating to the recycled content of materials procured by the state.

2009-S989 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S989

 TITLE OF BILL :
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


 PURPOSE/SUMMARY OF PROVISIONS :
This bill sets forth a comprehensive recycling program which includes
the following elements:

1)  ENFORCEMENT OF RECYCLING TARGETS

Requires the disclosure of the percentage of post-consumer recycled
material contained in all packaging. Each contract signed between a
commercial enterprise and a waste disposal company shall contain a
provision clearly indicating that local law requires the recycling of
certain materials and the penalties for failing to do so. Commercial
waste generators are required to post a notice that state law requires
recycling of certain materials.

2)  INCENTIVES TO SITE MANUFACTURING FACILITIES

Currently New York State law which allows the New York Power Authority
to provide certain manufacturers power at reduced rates if such

provision would add or preserve jobs in the state. This bill extends
the provision to manufacturers who (1) site or (2) re-tool
manufacturing facilities to produce products made from recycled
materials.

3) All vendors contracting with the state shall be required to use
recycled products whenever possible.

 JUSTIFICATION :
New York State currently lacks a comprehensive recycling program.
Recycling efforts have been limited by a number of factors, including
a lack of adequate markets, the quality and quantity of separated
materials. This legislation encourages the use of recycled products by
requiring all packaging to contain a symbol disclosing the percentage
of recycled content of the package.  Consumers can easily compare the
recycled content of packages and choose accordingly. This symbol will
also encourage manufacturers to use recycled packaging.  Incentives to
site or re-tool manufacturing facilities which produce products from
recycled materials would be encouraged by allowing the New York Power
Authority to provide such industries with power at reduced rates.
Vendors with state contracts would be encouraged to use recycled
products whenever feasible in order to create larger markets for
recycled products.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect October 1, 2009.

2009-S989 (ACTIVE) - Bill Text download pdf

                            
                    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
                               ___________

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.

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Senate Bill S989

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2009-S989 (ACTIVE) - Details

2009-S989 (ACTIVE) - Summary

2009-S989 (ACTIVE) - Sponsor Memo

2009-S989 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S989

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2009-S989 (ACTIVE) - Details

2009-S989 (ACTIVE) - Summary

2009-S989 (ACTIVE) - Sponsor Memo

2009-S989 (ACTIVE) - Bill Text download pdf

Comments