Prohibits the sale of used oil; establishes civil and criminal penalties.
Summary
This bill amends New York’s Environmental Conservation Law to prohibit the sale of used oil, with a limited exception for sales to oil rerefining facilities. It also prohibits used oil collectors from transferring used oil except to rerefining facilities or other facilities specifically permitted by the commissioner. The bill retains existing prohibitions on improper disposal of used oil and clarifies that used oil disposal kits intended for the solid waste stream remain prohibited for sale.
The measure creates a new enforcement structure for violations involving used oil. It adds a civil penalty for knowingly selling used oil, increases the clarity of civil liability for improper disposal, and establishes criminal liability for knowing sale of used oil as a misdemeanor. First offenses may be punished by fines, imprisonment of up to one year, or both, while repeat offenses carry higher potential fines. The bill also directs the commissioner and courts to consider factors such as economic impact, compliance history, good-faith efforts, environmental harm, and economic benefit from noncompliance when setting penalties.
Impact
The bill would amend sections of the Environmental Conservation Law governing used oil management, disposal, and enforcement. It would narrow lawful channels for used oil transactions by banning sales except to rerefining facilities and by restricting transfers by collectors, while adding a new criminal offense and civil penalty provisions for violations. Affected parties include oil collectors, sellers, businesses handling used oil, rerefining facilities, and regulated disposal or recycling facilities, all of whom would face stricter compliance obligations and potential enforcement actions.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as an environmental protection and enforcement bill with a regulatory-compliance focus. The sponsor’s approach suggests support for tighter controls on used oil handling to prevent improper disposal and unauthorized resale. No contrary sentiment is documented in the provided materials, but the inclusion of penalty factors indicates an effort to balance enforcement with business impacts.
Contention
The main point of contention is likely the bill’s prohibition on selling used oil and the addition of criminal penalties for knowing violations, which could be viewed by affected businesses as burdensome or overly punitive. Oil collectors, automotive service businesses, and other handlers of used oil may object to the narrowed lawful market and the risk of misdemeanor liability. Supporters would likely emphasize environmental and public-health benefits, especially preventing improper disposal and ensuring used oil is routed to rerefining or permitted facilities.
Relating to a prohibition on the offering for sale and the sale of cell-cultured protein for human consumption; providing civil and criminal penalties.