Bill Text: NY S01947 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the licensure of collectors of yellow grease and sets forth penalties for certain unlawful acts related to the collection or contamination of yellow grease.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-11 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01947 Detail]
Download: New_York-2017-S01947-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1947 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ Introduced by Sen. LATIMER -- 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 licensure of collectors of yellow grease The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 37 of the environmental conservation law is amended 2 by adding a new title 9 to read as follows: 3 TITLE IX 4 YELLOW GREASE COLLECTION 5 Section 37-0901. Definitions. 6 37-0902. Licensing of collectors of yellow grease. 7 37-0903. Unlawful acts and penalties. 8 § 37-0901. Definitions. 9 As used in this title, unless the context requires otherwise: 10 1. "Yellow grease" means animal fats or vegetable oils that have been 11 used, and will not be reused, for cooking in a food establishment. 12 "Yellow grease" does not include grease septage. 13 2. "Collector of yellow grease" means any person who collects yellow 14 grease. 15 § 37-0902. Licensing of collectors of yellow grease. 16 1. Any collector of yellow grease shall submit an application for 17 licensure to the commissioner not less than thirty days before conduct- 18 ing any such collection or transportation. Licensure shall be for one 19 year. The application shall be submitted in accordance with a procedure 20 established by the commissioner and shall include, but need not be 21 limited to, the following: 22 (a) The applicant's name and address. 23 (b) A description of the operations to be performed by the applicant. 24 (c) The make, model, license number, and vehicle identification number 25 of any vehicle to be used for the transportation of yellow grease. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00912-01-7S. 1947 2 1 (d) A nonrefundable application fee of one hundred dollars. 2 (e) Proof of personal injury and property damage liability insurance 3 in an amount not less than one million dollars. 4 2. The commissioner shall issue each licensee a unique license number 5 and a certificate. The license shall be renewable annually January 6 first, when accompanied by a one hundred dollar licensing renewal fee 7 and certification of compliance with the provisions of this title. 8 3. Every licensee shall record, maintain for two years, and make 9 available for inspection by the department all of the following informa- 10 tion: 11 (a) The name and address of each location or person from which the 12 registrant obtained the yellow grease for transportation. 13 (b) The quantity of material received from each location or person. 14 (c) The date on which the yellow grease was obtained from each 15 location or person. 16 (d) The yellow grease operation or other processor shall maintain 17 records indicating the name and address of each location to whom the 18 yellow grease was delivered. 19 4. Every licensee who sells the yellow grease collected shall provide 20 the purchaser with a statement of ownership setting forth the lawful 21 ownership of the yellow grease sold to such purchaser. 22 5. No person required to be licensed under this title shall collect or 23 transport yellow grease without all of the following: 24 (a) Having in his or her possession a copy of the license required by 25 this title or other proof that the person is in compliance with the 26 licensure requirement of this title. 27 (b) Conspicuously displaying the licensee's name and the license 28 number in letters not less than three inches high on any vehicle used 29 for the transportation of yellow grease. 30 (c) Providing the purchaser with a statement of ownership setting 31 forth the lawful ownership of the yellow grease sold to such purchaser. 32 § 37-0903. Unlawful acts and penalties. 33 1. It shall be a violation of this title to do any of the following: 34 (a) Sell or offer for sale to any person unlicensed under this title 35 any yellow grease, knowing such unlicensed person would transport such 36 yellow grease in violation of this title. 37 (b) Steal, misappropriate, intentionally contaminate, or damage any 38 yellow grease container, part thereof, or grease therein. 39 (c) Take or possess yellow grease from a collector that is not 40 licensed under this title unless otherwise allowed under this chapter, 41 or knowingly take possession of yellow grease that has been stolen. 42 (d) Take and carry away, or aid in taking or carrying away, any yellow 43 grease container or the yellow grease contained therein, which container 44 bears a notice that unauthorized removal is prohibited without written 45 consent of the owner of the container. 46 (e) Place a label on a yellow grease container knowing that it is 47 owned by another person in order to claim ownership of the container. 48 2. This section shall not apply to a farmer who collects yellow grease 49 for a use that is related to his or her farm. 50 3. A container in which yellow grease is deposited that bears a name 51 on the container shall be presumed to be owned by the person named on 52 the container. 53 4. Any person who violates subdivision one of this section shall be 54 penalized as follows:S. 1947 3 1 (a) If the value of the yellow grease container, or the container and 2 the yellow grease contained therein, is one thousand dollars or less, it 3 shall be a class A misdemeanor. 4 (b) If the value of the yellow grease container, or the container and 5 the yellow grease contained therein, is more than one thousand dollars, 6 it shall be a class E felony. 7 (c) A violation of this section shall be a class E felony when commit- 8 ted by a person who has previously been convicted of any violation of 9 this section in the preceding five years. 10 § 2. This act shall take effect January 1, 2018 and shall apply to 11 offenses committed on or after such effective date.
