STATE OF NEW YORK ________________________________________________________________________
7339--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 17, 2023 ___________
Introduced by M. of A. GLICK, COLTON, OTIS, DURSO, GANDOLFO -- read once and referred to the Committee on Environmental Conservation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to rechargeable battery recycling
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The article heading of article 27 of the environmental 2 conservation law is amended to read as follows: 3 REDUCTION, COLLECTION, REUSE, RECYCLING, 4 TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND 5 EXTENDED PRODUCER RESPONSIBILITY
6 § 2. The title heading of title 18 of article 27 of the environmental 7 conservation law, as added by chapter 562 of the laws of 2010, is 8 amended to read as follows: 9 EXTENDED PRODUCER RESPONSIBILITY FOR 10 RECHARGEABLE [BATTERY RECYCLING] BATTERIES
11 § 3. Section 27-1801 of the environmental conservation law, as added 12 by chapter 562 of the laws of 2010, is amended to read as follows: 13 § 27-1801. Short title. 14 This title shall be known as and may be cited as the "[New York State] 15 Extended Producer Responsibility Law for Rechargeable [Battery Law] 16 Batteries".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02434-12-3
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1 § 4. Subdivision 4 of section 27-1803 of the environmental conserva- 2 tion law, as added by chapter 562 of the laws of 2010, is amended and a 3 new subdivision 7 is added to read as follows: 4 4. "rechargeable battery" means any rechargeable nickel-cadmium, 5 sealed lead, lithium ion, nickel metal hydride battery, or any other 6 such dry cell battery capable of being recharged weighing less than 7 twenty-five pounds, or battery packs containing such batteries; but 8 shall not include a battery used as the principal electric power source 9 for a vehicle, such as, but not limited to, an automobile, boat, truck, 10 tractor, golf cart or wheelchair, except such term shall include a 11 battery used as the principal electric power source for an electric 12 scooter or bicycle with electric assist; for storage of electricity 13 generated by an alternative power source, such as solar or wind-driven 14 generators; or for memory backup that is an integral component of an 15 electronic device; 16 7. "sell" or "sale" means any transfer for consideration of title or 17 the right to use, from a manufacturer or retailer to a person, includ- 18 ing, but not limited to, transactions conducted through retail sales 19 outlets, catalogs, mail, the telephone, the internet, or any electronic 20 means; "sell" or "sale" shall not include samples, donations, and reuse. 21 § 5. Paragraphs a and d of subdivision 1 of section 27-1807 of the 22 environmental conservation law, as added by chapter 562 of the laws of 23 2010, are amended to read as follows: 24 a. [Retailers] Except for retailers that offer for sale an electric 25 scooter or bicycle with electric assist or the batteries that power 26 them, retailers having a place of business in the state shall accept 27 from consumers at any time during normal business hours rechargeable 28 batteries of a similar size and shape as the retailer offers for sale. 29 Retailers shall take up to ten such batteries per day from any person 30 regardless of whether such person purchases replacement batteries, and 31 retailers shall also accept as many such batteries as a consumer 32 purchases from the retailer. Retailers may not sell or offer for sale an 33 electric scooter or bicycle with electric assist or the batteries that 34 power them unless the battery manufacturer is participating in a battery 35 collection program approved by the department pursuant to this title. 36 Retailers may serve as a collection point for batteries designed to 37 power electric scooters or bicycles with electric assist. Retailers that 38 serve as a collection point for batteries shall conspicuously post and 39 maintain, at or near the point of entry to the place of business, a 40 legible sign, not less than eight and one-half inches by eleven inches 41 in size, stating that used rechargeable batteries of the size and shape 42 sold or offered for sale by the retailer may not enter the solid waste 43 stream, and that the retail establishment is a collection site for recy- 44 cling such batteries. Such sign shall state the following in letters at 45 least one inch in height: "It is illegal to dispose of rechargeable 46 batteries in [the state of] New York State as solid waste. We accept 47 used rechargeable batteries for return to the manufacturer." 48 d. Retailers must be in compliance with the provisions of this subdi- 49 vision no later than one hundred eighty days after the effective date of 50 this title or, with respect to a product that is added to the definition 51 of "rechargeable battery" in subdivision four of section 27-1803 of this 52 title, no later than one hundred eighty days after the effective date of 53 the chapter of the laws of two thousand twenty-three that amended such 54 subdivision.
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1 § 6. Paragraphs a and b of subdivision 2 of section 27-1807 of the 2 environmental conservation law, as added by chapter 562 of the laws of 3 2010, are amended to read as follows: 4 a. Within ninety days of the effective date of this title or, with 5 respect to a product that is added to the definition of "rechargeable 6 battery" in subdivision four of section 27-1803 of this title, within 7 one hundred eighty days of the effective date of the chapter of the laws 8 of two thousand twenty-three that amended such subdivision, submittance 9 to the commissioner of a plan that identifies the methods by which 10 battery manufacturers will safely collect, transport, and recycle 11 rechargeable batteries collected by retailers at the expense of the 12 battery manufacturer and provide retailers with information on the safe 13 handling and storage of rechargeable batteries. 14 b. Submittance to the department of annual reports, on a form 15 prescribed by the department, concerning the amount of rechargeable 16 batteries received within the state and recycled either by number or by 17 weight; the costs of such efforts; and any other relevant information as 18 required by the department. With respect to a product that is added to 19 the definition of rechargeable battery in subdivision four of section 20 27-1803 of this title, such reports shall include the weight of 21 rechargeable batteries received within a city with a population of one 22 million or more. 23 § 7. Subdivision 2 of section 27-1807 of the environmental conserva- 24 tion law is amended by adding a new paragraph d and a new subdivision 25 2-a is added to read as follows: 26 d. As applicable, providing for the safe collection and disposal of 27 damaged or defective batteries from electric scooters or bicycles with 28 electric assist collected by retailers and by government agencies. 29 2-a. A battery manufacturer may not sell, offer for sale, or distrib- 30 ute rechargeable batteries in the state unless the battery manufacturer 31 is implementing or participating under an approved plan in accordance 32 with this section. 33 § 8. Section 27-1809 of the environmental conservation law is amended 34 by adding a new subdivision 5 to read as follows: 35 5. Notwithstanding subdivision four of this section, in a city with a 36 population of one million or more, the provisions of section 27-1805 and 37 subdivision one of section 27-1807 of this title shall only be enforced 38 by an agency or agencies designated by the mayor of such city. Any 39 notice of violation issued by an agency designated by the mayor of such 40 city charging a violation of section 27-1805 and subdivision one of 41 section 27-1807 of this title shall be returnable to the office of 42 administrative trials and hearings of such city. Such office of adminis- 43 trative trials and hearings shall have the power to impose the civil 44 penalties set forth in subdivisions one, two and three of this section. 45 All civil penalties collected for any violation of this title that have 46 been imposed by the office of administrative trials and hearings of such 47 city shall be paid into the general fund of such city. 48 § 9. Section 27-1811 of the environmental conservation law, as added 49 by chapter 562 of the laws of 2010, is amended to read as follows: 50 § 27-1811. State preemption. 51 Jurisdiction in all matters pertaining to rechargeable battery recycl- 52 ing is, by this title, vested exclusively in the state. Any provision of 53 any local law or ordinance, or any rule or regulation promulgated there- 54 to, governing rechargeable battery recycling shall, upon the effective 55 date of section 27-1805 of this title, be preempted; provided, however, 56 that nothing in this section shall preclude a person from coordinating,
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1 for recycling or reuse, the collection of rechargeable batteries and 2 provided, further, however, that nothing in this section shall preclude 3 the enforcement of this title pursuant to subdivision five of section 4 27-1809 of this title. 5 § 10. This act shall take effect immediately; provided, however, that 6 the amendments to paragraph a of subdivision 1 of section 27-1807 of the 7 environmental conservation law made by section five of this act shall 8 take effect one hundred eighty days after it shall have become a law.