Bill S5184A-2013

Relates to the licensure of collectors of yellow grease

Relates to the licensure of collectors of waste kitchen grease and sets forth penalties for certain unlawful acts related to the collection or contamination of waste kitchen grease.

Details

Actions

  • Jan 24, 2014: PRINT NUMBER 5184A
  • Jan 24, 2014: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • May 14, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S5184A

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the licensure of collectors of yellow grease

PURPOSE:

This bill relates to the licensure of collector of yellow grease.

SUMMARY OF PROVISIONS:

Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows:

Title 1X

Yellow Grease Collection

Section 37-0901. Definitions. 37-0902. Licensing of collectors of yellow grease 37-0903. Unlawful acts and penalties

§ 3709-01. Definitions.

As used in this title, unless the context requires otherwise;

1. Yellow grease means animal fats or vegetable oils that have been used, and will not be reused, for cooking in a food establishment. (Yellow grease does not include grease septage.)

2. Collector of yellow grease means any person who collects yellow grease.

§ 3709-02. Licensing of collectors of yellow grease.

1. Any person who wishes to be a collector of yellow grease shall submit an application for licensure to the commissioner not less than thirty days before any such collection or transportation. Licensure shall be for 1 year. The application shall be submitted in accordance with a procedure established by the commissioner and shall include, but need not be limited to, the following:

(a) The applicant's name and address.

(b) The description of the operation to be performed by the applicant.

(c) The make, model, license number, and vehicle identification number of any vehicle to be used for the transportation of yellow grease.

(d) A nonrefundable application fee of one hundred dollars.

(e) Proof of personal injury and property damage liability insurance in an amount not less than one million dollars.

2. The commissioner shall issue a unique license number and a certificate that is renewable on January 1st of each year at a cost of $100.00.

3. Every licensee shall record, maintain for two years, and make available for inspection by the department all of the following information.

(a) The name and address of all locations or persons who he/she obtained yellow grease from.

(b) The quantity of yellow grease obtained from each location or person.

(c) The date on which the yellow grease was obtained from each location or person.

(d) The yellow grease operation or other processor shall also keep records to which the yellow grease was delivered.

4. Every licensee who sells the yellow grease collected shall provide the purchaser with a statement of ownership to indicate legal ownership of yellow grease given to purchaser

5. No person required to be licensed under this title shall collect or transport yellow grease without the following:

(a) Having in his or her possession a copy of the license required by this title or other proof that the person is in compliance with the licensing requirement of this title.

(b) The licensee's name and license number must be displayed conspicuously on any vehicle used to transport yellow grease.

(c) Providing the purchaser of yellow grease with a certificate of ownership.

37-0903. Unlawful acts and penalties.

1. It shall be a violation of this title to do any of the following:

(a) Sell of offer for sale to any person

unlicensed under this title yellow grease.

(b) Steal, misappropriate, intentionally contaminate, or damage any yellow grease container, part thereof, or grease therein.

(c) Take or posses yellow grease from a collector that is not licensed under this title unless otherwise allowed by this chapter or take possession of yellow grease that has been stolen.

(d) Take and carry away, or aid in taking or carrying away any yellow grease container or yellow grease that is contained therein which container bears a notice that unauthorized removal is prohibited without written consent of the owner of the container

(e) Place a label on a container knowing it is owned by another person in order to claim ownership.

2. This section shall not apply to a farmer who collects yellow grease for a use that is related to his or her farm.

3. If a name is on the yellow grease container then, said name will be presumed to be the owner.

4. Any person found to be violating any of the above subdivision will be penalized as follows:

(a) If the value of the grease, container or combination of both is determined to be less than $1,000.00, it shall be a class a misdemeanor.

(b) If the value of the grease, container or combination of both is determined to be more than $1,000.00, it shall be a class E felony

(c) A violation of this section shall be a class E felony when committed by a person who previously been convicted of any violation of this section in the preceding five years.

2. This act shall take effect January 1, 2015 and shall apply to offenses committed on or after such effective date

EXISTING LAW:

There is no existing law that deals in "Yellow Grease"

JUSTIFICATION:

Yellow Grease is becoming a valuable commodity as technology changes and we find new ways to use it. Everyday new companies are emerging and developing new ways to use yellow grease. One such use is the making of bio-fuel. Unfortunately, a criminal element has also emerged. That element is finding its way into the stealing and transporting of Yellow Grease. Those criminals are stealing "Yellow Grease" and are also looking for ways to sell it. Especially to those who would purchase it illegally. This bill was written to specifically address this issue. Putting in place these regulations will make it much more difficult for any person to purchase, sell or transport "Yellow Grease". This is an important new technology and I would ask all my colleagues to support this important legislation.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect January 1, 2015 and shall apply to offenses committed on or after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5184--A 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the environmental conservation law, in relation to the licensure of collectors of yellow grease THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows: TITLE IX YELLOW GREASE COLLECTION SECTION 37-0901. DEFINITIONS. 37-0902. LICENSING OF COLLECTORS OF YELLOW GREASE. 37-0903. UNLAWFUL ACTS AND PENALTIES. S 37-0901. DEFINITIONS. AS USED IN THIS TITLE, UNLESS THE CONTEXT REQUIRES OTHERWISE: 1. "YELLOW GREASE" MEANS ANIMAL FATS OR VEGETABLE OILS THAT HAVE BEEN USED, AND WILL NOT BE REUSED, FOR COOKING IN A FOOD ESTABLISHMENT. "YELLOW GREASE" DOES NOT INCLUDE GREASE SEPTAGE. 2. "COLLECTOR OF YELLOW GREASE" MEANS ANY PERSON WHO COLLECTS YELLOW GREASE. S 37-0902. LICENSING OF COLLECTORS OF YELLOW GREASE. 1. ANY COLLECTOR OF YELLOW GREASE SHALL SUBMIT AN APPLICATION FOR LICENSURE TO THE COMMISSIONER NOT LESS THAN THIRTY DAYS BEFORE CONDUCT- ING ANY SUCH COLLECTION OR TRANSPORTATION. LICENSURE SHALL BE FOR ONE YEAR. THE APPLICATION SHALL BE SUBMITTED IN ACCORDANCE WITH A PROCEDURE ESTABLISHED BY THE COMMISSIONER AND SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
(A) THE APPLICANT'S NAME AND ADDRESS. (B) A DESCRIPTION OF THE OPERATIONS TO BE PERFORMED BY THE APPLICANT. (C) THE MAKE, MODEL, LICENSE NUMBER, AND VEHICLE IDENTIFICATION NUMBER OF ANY VEHICLE TO BE USED FOR THE TRANSPORTATION OF YELLOW GREASE. (D) A NONREFUNDABLE APPLICATION FEE OF ONE HUNDRED DOLLARS. (E) PROOF OF PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN ONE MILLION DOLLARS. 2. THE COMMISSIONER SHALL ISSUE EACH LICENSEE A UNIQUE LICENSE NUMBER AND A CERTIFICATE. THE LICENSE SHALL BE RENEWABLE ANNUALLY JANUARY FIRST, WHEN ACCOMPANIED BY A ONE HUNDRED DOLLAR LICENSING RENEWAL FEE AND CERTIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS TITLE. 3. EVERY LICENSEE SHALL RECORD, MAINTAIN FOR TWO YEARS, AND MAKE AVAILABLE FOR INSPECTION BY THE DEPARTMENT ALL OF THE FOLLOWING INFORMA- TION: (A) THE NAME AND ADDRESS OF EACH LOCATION OR PERSON FROM WHICH THE REGISTRANT OBTAINED THE YELLOW GREASE FOR TRANSPORTATION. (B) THE QUANTITY OF MATERIAL RECEIVED FROM EACH LOCATION OR PERSON. (C) THE DATE ON WHICH THE YELLOW GREASE WAS OBTAINED FROM EACH LOCATION OR PERSON. (D) THE YELLOW GREASE OPERATION OR OTHER PROCESSOR SHALL MAINTAIN RECORDS INDICATING THE NAME AND ADDRESS OF EACH LOCATION TO WHOM THE YELLOW GREASE WAS DELIVERED. 4. EVERY LICENSEE WHO SELLS THE YELLOW GREASE COLLECTED SHALL PROVIDE THE PURCHASER WITH A STATEMENT OF OWNERSHIP SETTING FORTH THE LAWFUL OWNERSHIP OF THE YELLOW GREASE SOLD TO SUCH PURCHASER. 5. NO PERSON REQUIRED TO BE LICENSED UNDER THIS TITLE SHALL COLLECT OR TRANSPORT YELLOW GREASE WITHOUT ALL OF THE FOLLOWING: (A) HAVING IN HIS OR HER POSSESSION A COPY OF THE LICENSE REQUIRED BY THIS TITLE OR OTHER PROOF THAT THE PERSON IS IN COMPLIANCE WITH THE LICENSURE REQUIREMENT OF THIS TITLE. (B) CONSPICUOUSLY DISPLAYING THE LICENSEE'S NAME AND THE LICENSE NUMBER IN LETTERS NOT LESS THAN THREE INCHES HIGH ON ANY VEHICLE USED FOR THE TRANSPORTATION OF YELLOW GREASE. (C) PROVIDING THE PURCHASER WITH A STATEMENT OF OWNERSHIP SETTING FORTH THE LAWFUL OWNERSHIP OF THE YELLOW GREASE SOLD TO SUCH PURCHASER. S 37-0903. UNLAWFUL ACTS AND PENALTIES. 1. IT SHALL BE A VIOLATION OF THIS TITLE TO DO ANY OF THE FOLLOWING: (A) SELL OR OFFER FOR SALE TO ANY PERSON UNLICENSED UNDER THIS TITLE ANY YELLOW GREASE, KNOWING SUCH UNLICENSED PERSON WOULD TRANSPORT SUCH YELLOW GREASE IN VIOLATION OF THIS TITLE. (B) STEAL, MISAPPROPRIATE, INTENTIONALLY CONTAMINATE, OR DAMAGE ANY YELLOW GREASE CONTAINER, PART THEREOF, OR GREASE THEREIN. (C) TAKE OR POSSESS YELLOW GREASE FROM A COLLECTOR THAT IS NOT LICENSED UNDER THIS TITLE UNLESS OTHERWISE ALLOWED UNDER THIS CHAPTER, OR KNOWINGLY TAKE POSSESSION OF YELLOW GREASE THAT HAS BEEN STOLEN. (D) TAKE AND CARRY AWAY, OR AID IN TAKING OR CARRYING AWAY, ANY YELLOW GREASE CONTAINER OR THE YELLOW GREASE CONTAINED THEREIN, WHICH CONTAINER BEARS A NOTICE THAT UNAUTHORIZED REMOVAL IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE OWNER OF THE CONTAINER. (E) PLACE A LABEL ON A YELLOW GREASE CONTAINER KNOWING THAT IT IS OWNED BY ANOTHER PERSON IN ORDER TO CLAIM OWNERSHIP OF THE CONTAINER. 2. THIS SECTION SHALL NOT APPLY TO A FARMER WHO COLLECTS YELLOW GREASE FOR A USE THAT IS RELATED TO HIS OR HER FARM. 3. A CONTAINER IN WHICH YELLOW GREASE IS DEPOSITED THAT BEARS A NAME ON THE CONTAINER SHALL BE PRESUMED TO BE OWNED BY THE PERSON NAMED ON THE CONTAINER.
4. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION SHALL BE PENALIZED AS FOLLOWS: (A) IF THE VALUE OF THE YELLOW GREASE CONTAINER, OR THE CONTAINER AND THE YELLOW GREASE CONTAINED THEREIN, IS ONE THOUSAND DOLLARS OR LESS, IT SHALL BE A CLASS A MISDEMEANOR. (B) IF THE VALUE OF THE YELLOW GREASE CONTAINER, OR THE CONTAINER AND THE YELLOW GREASE CONTAINED THEREIN, IS MORE THAN ONE THOUSAND DOLLARS, IT SHALL BE A CLASS E FELONY. (C) A VIOLATION OF THIS SECTION SHALL BE A CLASS E FELONY WHEN COMMIT- TED BY A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF ANY VIOLATION OF THIS SECTION IN THE PRECEDING FIVE YEARS. S 2. This act shall take effect January 1, 2015 and shall apply to offenses committed on or after such effective date.

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