NY State Senate Bill 2015-S5581A

Senate Bill S5581A

2015-2016 Legislative Session

Relates to the recycling of lead-acid batteries by removing the cap on the incentive payment charged by retailers of such batteries

download bill text pdf

Archive: Last 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2016	print number 5581a
Mar 08, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation returned to senate died in assembly
Jun 17, 2015	referred to environmental conservation delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1086
May 14, 2015	referred to environmental conservation

Votes

- Jun 17, 2015 - Floor Vote
  S5581A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  May 28, 2015 - Environmental Conservation Committee Vote
  S5581A
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (11)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Funke
      
      Hoylman-Sigal
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Serrano
      
      Young
      
      aye wr (2)
      
      LaValle
      
      Ortt

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S5581 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1701, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2284
2019-2020: S1879

2015-S5581 - Summary

Relates to the recycling of lead-acid batteries by removing the cap on the incentive payment charged by retailers of such batteries.

2015-S5581 - Sponsor Memo

                                BILL NUMBER:S5581

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
recycling of lead-acid batteries

PURPOSE OR GENERAL IDEA OF BILL:

To update the lead-acid battery recycling refundable incentive payment
to reflect current market conditions and to establish parity with the
overwhelming majority of states, including surrounding states.

SUMMARY OF SPECIFIC PROVISIONS:

Amends subdivision 5 of Section @7-1701 of the Environmental Conserva-
tion Law.

Existing Law:

The Environmental Conservation Law requires retailers to collect a $5
return incentive payment upon purchase of a lead-acid battery which is
refunded upon the presentation of a used lead-acid battery.

JUSTIFICATION:

In 1990, New York was one of the first states to adopt a comprehensive
lead acid recycling program. The program and similar programs in other
states have proved to be extremely successful.  Today, more than 99% of
lead is recycled, compared to 54% of aluminum drinking cans, 73% of
paper, 25% of glass bottles and 50% of tires.  Then recycling program
incentivizes the return of used lead batteries, proper storage and
prohibits improper disposal.

The fully-refundable return incentive payment was set in 1990 at $5
(then the market price for a used lead-acid battery). Since that time
the commodity price for lead has risen and the incentive payment is no
longer consistent with market place rates or those in surrounding
states. Today, New York is one of only two states with a maximum incen-
tive payment of $5 with all other states having higher recycling incen-
tive payments. If not corrected, the low rate may discourage proper
recycling of lead acid batteries.

Many states chose not to set a cap on the refundable return incentive
payment which allows the payment to reflect market prices. For instance,
the surrounding states of Pennsylvania, New Jersey, Vermont and New
Hampshire all have no cap and the rates are substantially higher in
these states, including incentive payments as high as $18.  The dispari-
ty in rates encourages New York residents to obtain greater incentive
payments in surrounding states instead of utilizing New York retailers.
Updating the incentive payment to better reflect market prices will

encourage proper recycling of lead-acid batteries and place New York
retailers on equal footing with those in surrounding states.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

Revenue Neutral

EFFECTIVE DATE:

This act shall take effect thirty days after it has become law.

2015-S5581 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5581

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  O'MARA -- 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  the
  recycling of lead-acid batteries

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs a and b of subdivision 5 of section  27-1701  of
the  environmental conservation law, as added by chapter 152 of the laws
of 1990, are amended to read as follows:
  a. Any consumer purchasing a new lead-acid battery who does not return
a used lead-acid battery to the retailer at the time  of  such  purchase
shall pay such retailer a return incentive payment [of five dollars] per
lead-acid battery sold.
  b.  A  retailer  shall  refund  to a consumer the [five dollar] return
incentive payment collected pursuant  to  this  subdivision  if,  within
thirty  days of the date of the purchase of a new lead-acid battery, the
consumer returns to such retailer a used lead-acid battery.  Any  return
incentive payment not refunded to the consumer pursuant to this subdivi-
sion shall be retained by the retailer.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11164-02-5

co-Sponsors

2015-S5581A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1701, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2284
2019-2020: S1879

2015-S5581A (ACTIVE) - Summary

Relates to the recycling of lead-acid batteries by removing the cap on the incentive payment charged by retailers of such batteries.

2015-S5581A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5581A

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to the
recycling of lead-acid batteries

 PURPOSE OR GENERAL IDEA OF BILL :

To update the lead-acid battery recycling refundable incentive payment
to reflect current market conditions and to establish parity with the
overwhelming majority of states, including surrounding states.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends subdivision 5 of Section @7-1701 of the Environmental
Conservation Law.

 EXISTING LAW :

The Environmental Conservation Law requires retailers to collect a $5
return incentive payment upon purchase of a lead-acid battery which is
refunded upon the presentation of a used lead-acid battery.

 JUSTIFICATION :

In 1990, New York was one of the first states to adopt a comprehensive
lead acid recycling program. The program and similar programs in other
states have proved to be extremely successful. Today, more than 99% of
lead is recycled, compared to 54% of aluminum drinking cans, 73% of
paper, 25% of glass bottles and 50% of tires. Then recycling program
incentivizes the return of used lead batteries, proper storage and
prohibits improper disposal.

The fully-refundable return incentive payment was set in 1990 at $5
(then the market price for a used lead-acid battery). Since that time
the commodity price for lead has risen and the incentive payment is no
longer consistent with market place rates or those in surrounding
states. Today, New York is one of only two states with a maximum
incentive payment of $5 with all other states having higher recycling
incentive payments. If not corrected, the low rate may discourage
proper recycling of lead acid batteries.

Many states chose not to set a cap on the refundable return incentive
payment which allows the payment to reflect market prices. For
instance, the surrounding states of Pennsylvania, New Jersey, Vermont
and New Hampshire all have no cap and the rates are substantially
higher in these states, including incentive payments as high as $18.
The disparity in rates encourages New York residents to obtain greater
incentive payments in surrounding states instead of utilizing New York
retailers. Updating the incentive payment to better reflect market
prices will encourage proper recycling of lead-acid batteries and
place New York retailers on equal footing with those in surrounding
states.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

Revenue Neutral

 EFFECTIVE DATE :
This act shall take effect thirty days after it has become law.

2015-S5581A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5581--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sens.  O'MARA,  DeFRANCISCO,  SEWARD  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to the
  recycling of lead-acid batteries

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  b  of  subdivision 5 of section 27-1701 of the
environmental conservation law, as added by chapter 152 of the  laws  of
1990, is amended to read as follows:
  b.  A  retailer  shall  refund  to a consumer the [five dollar] return
incentive payment collected pursuant  to  this  subdivision  if,  within
thirty  days of the date of the purchase of a new lead-acid battery, the
consumer returns to such retailer a used lead-acid battery.  Any  return
incentive payment not refunded to the consumer pursuant to this subdivi-
sion shall be retained by the retailer.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11164-03-6

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Senate Bill S5581A

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

John A. DeFrancisco

James L. Seward

2015-S5581 - Details

2015-S5581 - Summary

2015-S5581 - Sponsor Memo

2015-S5581 - Bill Text download pdf

co-Sponsors

John A. DeFrancisco

James L. Seward

2015-S5581A (ACTIVE) - Details

2015-S5581A (ACTIVE) - Summary

2015-S5581A (ACTIVE) - Sponsor Memo

2015-S5581A (ACTIVE) - Bill Text download pdf

Comments