NY State Senate Bill 2023-S4955

Current Bill Status - In Senate Committee Environmental Conservation 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 03, 2024	referred to environmental conservation
Feb 17, 2023	referred to environmental conservation

2023-S4955 (ACTIVE) - Details

See Assembly Version of this Bill:: A4603
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§23-2308 & 71-2201, add §71-2203, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7634
2015-2016: A4449
2017-2018: A6616, A9754
2019-2020: A3447
2021-2022: S5452, A4311

2023-S4955 (ACTIVE) - Summary

Prohibits the sale of used oil and establishes civil and criminal penalties.

2023-S4955 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4955

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale of used oil and to establishing civil and criminal
penalties

 
PURPOSE:

This bill would prohibit the sale of used oil or a mix of used oil and
heating oil, and would establish civil and criminal penalties for indi-
viduals who knowingly engage in the sale of such products to unknowing
consumers.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 23-2308 of the Environmental Conservation Law
by prohibiting the sale of used oil or the transfer of used oils other
than to oil re-refining facilities.

Section 2 amends Section 71-2201 of the Environmental Conservation Law
to include the improper disposal of used oil as a civil penalty, as well
as adding an additional civil penalty not to exceed one thousand dollars
for each violation that involves the knowing sale of used oil. This
section also adds a new Section 71-2203 of the Environmental Conserva-
tion Law to create new criminal liability for illegal waste oil sales
and also allows the Department of Environmental Conservation (DEC)
commissioner or the court to take into consideration varying circum-
stances before determining a fine, penalty, or sentence.

Section 3 is the effective date.

 
JUSTIFICATION:

Used oil or waste oil does not, by its definition under New York State
law and DEC regulations, include bio-diesel or related re-refined
products. Such products are specifically re-refined to remove harmful
impurities. Re-refined products are required to fall within acceptable
ranges of distillate fuel requirements. Instead, used or waste oils are,
as the name suggests, oils that have been used or combusted within a
crank-case of an engine or within similar mechanical devices. As such,
used oils have been exposed to related heavy metals, chemicals and ash
that contaminate such oils.

This bill is intended to provide a deterrent against individuals and
companies that "cut" heating oil with waste or used oil, which contains
harmful chemicals and heavy metals. These chemicals are not present in
distilled or "normal" heating fuel. The burning of used/waste oil in
burners or boilers that are not equipped to handle it releases harmful
chemicals into the ambient air and destroys heating equipment.

By providing a deterrent that is roughly equal to the level of gain that
such activities may bring to offenders, this bill would remove the
incentives that offenders along the supply chain have to commit these
illegal actions.

 
LEGISLATIVE HISTORY:
2021-2022: S.Referred to Environmental Conversation/A.4311 - Referred to
Environmental Conservation

2019-2020: A.3447 - Referred to Environmental Conservation

2017-2018: A.9754 - Reported and Referred to Codes

2015-2016: A.4449 - Referred to Environmental Conversation

2013-2014: A.7634 - Referred to Environmental Conservation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of May next succeeding the date
on which it shall have become a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such date.

2023-S4955 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4955
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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
   prohibiting  the sale of used oil and to establishing civil and crimi-
   nal penalties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 23-2308 of the environmental conservation law, as
 amended by chapter 118 of the laws  of  1993,  is  amended  to  read  as
 follows:
 § 23-2308. Prohibited disposal OR SALE of used oil.
   1.  No  person shall engage in the improper disposal of used oil. Used
 oil shall only be deposited in an available used oil retention  facility
 or disposed of as otherwise authorized or permitted by the commissioner.
   The  provisions of this section shall not apply to the use of used oil
 for maintenance or lubrication of agricultural equipment.
   2. No person shall sell or offer for sale a used oil disposal  kit  or
 product  which  is comprised of absorbent material into which the lubri-
 cating oil from a vehicle is drained when performing an oil  change  and
 which  is  intended for disposal into the solid waste stream rather than
 for reuse or recycling.
   3. NO PERSON SHALL SELL OR OFFER FOR SALE USED OIL, OTHER THAN TO  OIL
 REREFINING FACILITIES.
   4.  NO USED OIL COLLECTOR SHALL TRANSFER USED OIL, OTHER THAN TO RERE-
 FINING FACILITIES OR A FACILITY PERMITTED TO DISPOSE OF USED OIL BY  THE
 COMMISSIONER.
   §  2.  Section 71-2201 of the environmental conservation law, as added
 by chapter 740 of the laws of 1978, the opening paragraph  and  subdivi-
 sion  1 as amended and subdivision 3 as added by chapter 901 of the laws
 of 1983 and subdivision 4 as added by chapter 294 of the laws  of  1991,
 is amended and a new section 71-2203 is added to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07402-01-3

 S. 4955                             2
 
 § 71-2201. Enforcement of title 23 of article 23 of this chapter.
   [Administrative  and civil sanctions.] VIOLATIONS, CIVIL LIABILITY. 1.
 Any person who violates any of  the  provisions  of,  or  who  fails  to
 perform  any  duty  imposed by title 23 of article 23 except the duty to
 accept used oil pursuant to section 23-2307 [or any  person  subject  to
 section 23-2308 or any rule or regulation promulgated pursuant thereto],
 or  any  term  or condition of any certificate or permit issued pursuant
 thereto, or any final determination or order of  the  commissioner  made
 pursuant  to  this  section  shall  be liable for a civil penalty not to
 exceed one thousand dollars for each such violation  and  an  additional
 penalty  of not more than five hundred dollars for each day during which
 such violation continues, to be assessed by  the  commissioner  after  a
 hearing or opportunity to be heard pursuant to the provisions of section
 71-1709  of  this  chapter, and, in addition thereto, such person may by
 similar process be enjoined  from  continuing  such  violation  and  any
 permit  or certificate issued to such person may be revoked or suspended
 or a pending renewal application denied.
   2. Any person who refuses to accept used oil as required  pursuant  to
 subdivision  two  of section 23-2307 shall be liable for a civil penalty
 not to exceed one hundred dollars.
   3. Any person who [violates any provision of] IMPROPERLY  DISPOSES  OF
 USED  OIL  IN  VIOLATION  OF  section  23-2308  of this chapter shall be
 subject to a civil penalty not to exceed two hundred fifty  dollars  for
 each violation.
   3-A.   ANY PERSON WHO KNOWINGLY ENGAGES IN THE SALE OF USED OIL, SHALL
 BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED  ONE  THOUSAND  DOLLARS  FOR
 EACH VIOLATION.
   4.  Notwithstanding  any  other provision of law, any person who shall
 violate the provisions of  paragraph  [(c)]  C  of  subdivision  one  of
 section  23-2307  or  paragraph  [(d)]  D  of subdivision two of section
 23-2307 of this chapter shall be liable for a civil penalty of not  more
 than  five  hundred dollars, and an additional civil penalty of not more
 than five hundred dollars for  each  day  during  which  such  violation
 continues, not to exceed ten thousand dollars.
 § 71-2203. CRIMINAL LIABILITY FOR VIOLATIONS.
   1.  ANY  PERSON  WHO SHALL KNOWINGLY ENGAGE IN THE SALE OF USED OIL IN
 VIOLATION OF SECTION 23-2308 OF THIS  CHAPTER,  SHALL  BE  GUILTY  OF  A
 MISDEMEANOR,  AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE,
 IN THE CASE OF A FIRST CONVICTION, OF NOT LESS THAN FIVE HUNDRED DOLLARS
 NOR MORE THAN EIGHTEEN THOUSAND DOLLARS OR BY IMPRISONMENT FOR A TERM OF
 NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR  EACH
 SEPARATE  VIOLATION. IF THE CONVICTION IS FOR AN OFFENSE COMMITTED AFTER
 THE FIRST CONVICTION OF SUCH PERSON UNDER THIS SUBDIVISION, SUCH  PERSON
 SHALL  BE  PUNISHED BY A FINE NOT TO EXCEED TWENTY-SIX THOUSAND DOLLARS,
 OR BY IMPRISONMENT, OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH  DAY  ON
 WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE VIOLATION.
   2.  IN DETERMINING THE AMOUNT OF ANY FINE, PENALTY OR SENTENCE IMPOSED
 PURSUANT TO THIS SECTION, THE COMMISSIONER OR THE COURT SHALL TAKE  INTO
 CONSIDERATION  ANY EVIDENCE INTRODUCED BY A PARTY REGARDING THE ECONOMIC
 IMPACT OF A PENALTY ON A BUSINESS, THE COMPLIANCE HISTORY OF A VIOLATOR,
 GOOD FAITH EFFORTS  OF  A  VIOLATOR  TO  COMPLY,  ANY  ECONOMIC  BENEFIT
 OBTAINED  FROM  NONCOMPLIANCE,  THE  AMOUNT  OF RISK OR DAMAGE TO PUBLIC
 HEALTH OR THE ENVIRONMENT CAUSED BY A VIOLATOR,  WHETHER  THE  VIOLATION
 WAS PROCEDURAL IN NATURE, OR SUCH OTHER FACTORS AS JUSTICE MAY REQUIRE.
   §  3.  This  act shall take effect on the first of May next succeeding
 the date on which it shall have become a law.    Effective  immediately,
 S. 4955                             3
 
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such date.

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Senate Bill S4955

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2023-S4955 (ACTIVE) - Details

2023-S4955 (ACTIVE) - Summary

2023-S4955 (ACTIVE) - Sponsor Memo

2023-S4955 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4955

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Environmental Conservation Committee

2023-S4955 (ACTIVE) - Details

2023-S4955 (ACTIVE) - Summary

2023-S4955 (ACTIVE) - Sponsor Memo

2023-S4955 (ACTIVE) - Bill Text download pdf

Comments