City Council Overrides Mayor's Veto of E-Waste Bill

By BENJAMIN SARLIN, Special to the Sun
May 15, 2008

A battle between Mayor Bloomberg and the City Council over electronics recycling legislation will likely be decided in the courts after a council decision yesterday to override Mr. Bloomberg's veto of the bill.

At issue is legislation that would require electronics manufacturers across the country to recycle a set amount of their New York City waste or face fines. If the law takes effect, starting in 2012 the manufacturers would have to recycle 25% of their products sold in the city or pay $50,000 for every percentage point they miss the target.

Mr. Bloomberg has said the bill is unconstitutional and would violate the interstate commerce clause. Last month, the mayor vetoed the council's bill and signed a separate piece of legislation enacting portions of the council's electronics recycling program, though the law stops short of imposing fines.

Yesterday, before overriding the mayor's veto on more punitive legislation, Speaker Christine Quinn said the fines on manufacturers were vital to the electronics recycling bill's success.

"We feel it is very important that that not be voluntary — but be mandated — so that the point is clear to the folks who are making these products that recycling is not a choice, it is a requirement," Ms. Quinn said. "We believe we are squarely within our rights and powers to do this."

Because fines on electronics manufacturers will not be issued until 2012, enforcement of the bill may ultimately be decided by a future administration. Ms. Quinn is considered a likely candidate for mayor in 2009, and a sponsor of the bill, Council Member Bill de Blasio, noted that Mr. Bloomberg could run out of time to prevent the requirements from taking effect.

"On January 1, 2010, there will be a new mayor," Mr. de Blasio said yesterday. "That new mayor can also say, 'Let's move forward with this because it's passed by the council and it's the right thing to do.'"