Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to consumer protection |
Apr 07, 2009 |
referred to consumer protection |
Senate Bill S3971
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
co-Sponsors
(D) Senate District
2009-S3971 (ACTIVE) - Details
2009-S3971 (ACTIVE) - Summary
Provides that 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 local law or ordinance; provides for up to a $1000 civil fine for violations.
2009-S3971 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3971 TITLE OF BILL : An act to amend the general business law, in relation to contracts for the collection and transportation of commercial waste PURPOSE : The purpose of this bill is to encourage persons contracting with convicted criminals to contact the Crime victims Board SUMMARY OF PROVISIONS : This bill would require that contracts between a commercial establishment and a solid waste hauler specify the materials which must be recycled or otherwise separated under the local mandatory recycling law in effect for that establishment. Penalties imposed under the local law for failing to separate recyclables would also be specified. A civil penalty of up to $1,000 would be established for violations of the contract or notice requirements. JUSTIFICATION : State law requires municipalities to adopt local laws mandating the separation of recyclable materials from solid waste by both residents and businesses. The commercial sector of the waste stream, however, is generally serviced by private rather than municipal solid waste collection. As a consequence, the implementation and enforcement of
2009-S3971 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3971 2009-2010 Regular Sessions I N S E N A T E April 7, 2009 ___________ Introduced by Sen. OPPENHEIMER -- 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, in relation to contracts for the collection and transportation of commercial waste 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-zz to read as follows: S 399-ZZ. 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. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL FINE NOT TO EXCEED ONE THOUSAND DOLLARS. S 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all contracts executed on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09189-01-9
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