STATE OF NEW YORK ________________________________________________________________________

7339--C

2023-2024 Regular Sessions

IN ASSEMBLY

May 17, 2023 ___________

Introduced by M. of A. GLICK, COLTON, OTIS, DURSO, GANDOLFO, SIMONE, L. ROSENTHAL, DE LOS SANTOS, REYES, DINOWITZ, SIMON, STERN, THIELE, JACOBSON, BORES, ROZIC, RAJKUMAR, STECK, McMAHON, ANDERSON, KIM, GUNTHER, O'DONNELL, SHIMSKY, LUNSFORD, SANTABARBARA, EPSTEIN, BARRETT, FORREST, TAYLOR, CLARK, BICHOTTE HERMELYN, CARROLL, PAULIN, SEAWRIGHT, SHRESTHA, LAVINE, BURGOS, SLATER, CUNNINGHAM, SAYEGH, MAGNARELLI, LEVENBERG, K. BROWN, WOERNER, ARDILA, SILLITTI, RAGA, SOLAGES, VANEL, GONZALEZ-ROJAS, BENEDETTO, JACKSON, PRETLOW, RIVERA, FAHY, TAPIA, JONES, STIRPE, LUPARDO, MEEKS, McDONALD, CONRAD, LEE, BRONSON, WALLACE, BUTTENSCHON, PHEFFER AMATO, DAVILA, BURKE, FALL, AUBRY, HUNT- ER, WILLIAMS, EACHUS, RAMOS, BENDETT, BURDICK, MAMDANI, ALVAREZ, DARLING, KELLES, DeSTEFANO, MCGOWAN -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- 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 -- reported and referred to the Committee on Codes -- recom- mitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02434-20-4

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1 § 2. The title heading of title 18 of article 27 of the environmental 2 conservation law, as added by chapter 562 of the laws of 2010, is 3 amended to read as follows: 4 EXTENDED PRODUCER RESPONSIBILITY FOR 5 RECHARGEABLE [BATTERY RECYCLING] BATTERIES

6 § 3. Section 27-1801 of the environmental conservation law, as added 7 by chapter 562 of the laws of 2010, is amended to read as follows: 8 § 27-1801. Short title. 9 This title shall be known as and may be cited as the "[New York State] 10 Extended Producer Responsibility Law for Rechargeable [Battery Law] 11 Batteries". 12 § 4. Subdivision 4 of section 27-1803 of the environmental conserva- 13 tion law, as added by chapter 562 of the laws of 2010, is amended and a 14 new subdivision 7 is added to read as follows: 15 4. "rechargeable battery" means any rechargeable: (i) nickel-cadmium, 16 sealed lead, lithium ion, nickel metal hydride battery[,]; (ii) battery 17 used as the principal electric power source for an electric scooter or 18 bicycle with electric assist; or (iii) any other such dry cell battery 19 capable of being recharged weighing less than [twenty-five] fifty 20 pounds, or battery packs containing such batteries; (iv) but shall not 21 include a battery used as the principal electric power source for a 22 vehicle, such as, but not limited to, an automobile, boat, truck, trac- 23 tor, golf cart or wheelchair; for storage of electricity generated by an 24 alternative power source, such as solar or wind-driven generators; or 25 for memory backup that is an integral component of an electronic device; 26 7. "sell" or "sale" means any transfer for consideration of title or 27 the right to use, from a manufacturer or retailer to a person, includ- 28 ing, but not limited to, transactions conducted through retail sales 29 outlets, catalogs, mail, the telephone, the internet, or any electronic 30 means; "sell" or "sale" shall not include samples, donations, and reuse. 31 § 5. Paragraphs a and d of subdivision 1 of section 27-1807 of the 32 environmental conservation law, as added by chapter 562 of the laws of 33 2010, are amended to read as follows: 34 a. Retailers having a place of business in the state shall accept from 35 consumers at any time during normal business hours rechargeable 36 batteries of a similar shape, size [and shape], and function as the 37 retailer offers for sale. Retailers shall take up to ten such batteries 38 per day from any person regardless of whether such person purchases 39 replacement batteries, and retailers shall also accept as many such 40 batteries as a consumer purchases from the retailer. Retailers shall 41 conspicuously post and maintain, at or near the point of entry to the 42 place of business, a legible sign, not less than eight and one-half 43 inches by eleven inches in size, stating that used rechargeable 44 batteries of the size and shape sold or offered for sale by the retailer 45 may not enter the solid waste stream, and that the retail establishment 46 is a collection site for recycling such batteries. Such sign shall state 47 the following in letters at least one inch in height: "It is illegal to 48 dispose of rechargeable batteries in the state of New York as solid 49 waste. We accept used rechargeable batteries for return to the manufac- 50 turer." 51 d. Retailers may not sell or offer for sale to consumers in the state 52 rechargeable batteries unless the battery manufacturer is operating in 53 accordance with a collection, transportation, and recycling plan 54 approved by the commissioner. The commissioner shall maintain on the 55 department's website a list of manufacturers operating in accordance

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1 with approved plans, and the brands covered by such manufacturer's 2 plans. 3 e. Retailers must be in compliance with the provisions of this subdi- 4 vision no later than one hundred eighty days after the effective date of 5 this title or, with respect to a rechargeable battery defined in para- 6 graph (ii) of subdivision four of section 27-1803 of this title, and 7 with respect to the requirements of paragraph (d) of this subdivision 8 one year after the effective date of the chapter of the laws of two 9 thousand twenty-four which amended this title, or when the commissioner 10 has approved a new or updated plan in compliance with such chapter, 11 whichever is later. 12 § 6. Paragraphs a and b of subdivision 2 of section 27-1807 of the 13 environmental conservation law, as added by chapter 562 of the laws of 14 2010, are amended to read as follows: 15 a. Within ninety days of the effective date of this title or, with 16 respect to rechargeable batteries defined in paragraph (ii) of subdivi- 17 sion four of section 27-1803 of this title, within one hundred eighty 18 days of the effective date of the chapter of the laws of two thousand 19 twenty-four that amended such paragraph, submittance to the commissioner 20 of a new or updated plan that identifies the methods by which battery 21 manufacturers will safely collect, transport, and recycle rechargeable 22 batteries collected by retailers at the expense of the battery manufac- 23 turer and provide retailers with information on the safe handling and 24 storage of rechargeable batteries. 25 b. Submittance to the department of annual reports, on a form 26 prescribed by the department, concerning the amount of rechargeable 27 batteries received within the state and recycled either by number or by 28 weight, including the weight of rechargeable batteries defined in para- 29 graph (ii) of subdivision four of section 27-1803 of this title received 30 within the state as well as within a city with a population of one 31 million or more; the costs of such efforts; and any other relevant 32 information as required by the department. 33 § 7. Subdivision 2 of section 27-1807 of the environmental conserva- 34 tion law is amended by adding a new paragraph d and a new subdivision 35 2-a is added to read as follows: 36 d. Providing for the safe and prompt collection and disposal of 37 batteries from electric scooters or bicycles with electric assist 38 collected by retailers and by government agencies. 39 2-a. A battery manufacturer may not sell, offer for sale, or distrib- 40 ute rechargeable batteries in the state unless the battery manufacturer 41 is implementing or participating under an approved plan in accordance 42 with this section. 43 § 8. Section 27-1807 of the environmental conservation law is amended 44 by adding a new subdivision 6 to read as follows: 45 6. The department shall, within one hundred eighty days of the effec- 46 tive date of the chapter of the laws of two thousand twenty-four that 47 added this subdivision, promulgate rules and regulations to ensure the 48 safe storage of rechargeable batteries that minimizes the risk of fires. 49 Such rules and regulations shall also, at a minimum, require retailers 50 to: 51 a. coordinate with a battery manufacturer, or any combination of 52 battery manufacturers working together, to regularly remove batteries 53 from the retail location; and 54 b. inform all employees who handle or have responsibility for managing 55 batteries about proper handling and emergency procedures, including fire

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1 related hazards, appropriate to the type or types of battery handled by 2 the retailer. 3 § 9. Section 27-1809 of the environmental conservation law is amended 4 by adding a new subdivision 5 to read as follows: 5 5. In a city with a population of one million or more, such city 6 shall, in addition to any authority otherwise conferred in this chapter, 7 have concurrent authority to enforce, by an agency or agencies 8 designated for such purpose by the mayor of such city, the provisions of 9 section 27-1805 and subdivision one of section 27-1807 of this title. 10 Any notice of violation issued by an agency designated by the mayor of 11 such city charging a violation of section 27-1805 and subdivision one of 12 section 27-1807 of this title shall be returnable to the environmental 13 control board of such city. Such environmental control board shall have 14 the power to impose the civil penalties set forth in subdivisions one, 15 two and three of this section. All civil penalties collected for any 16 violation of this title that have been imposed by the environmental 17 control board of such city shall be paid into the general fund of such 18 city. 19 § 10. Section 27-1811 of the environmental conservation law, as added 20 by chapter 562 of the laws of 2010, is amended to read as follows: 21 § 27-1811. State preemption. 22 Jurisdiction in all matters pertaining to rechargeable battery recycl- 23 ing is, by this title, vested exclusively in the state. Any provision of 24 any local law or ordinance, or any rule or regulation promulgated there- 25 to, governing rechargeable battery recycling shall, upon the effective 26 date of section 27-1805 of this title, be preempted; provided, however, 27 that nothing in this section shall preclude a person from coordinating, 28 for recycling or reuse, the collection of rechargeable batteries and 29 provided, further, however, that nothing in this section shall preclude 30 the enforcement of this title pursuant to subdivision five of section 31 27-1809 of this title. 32 § 11. This act shall take effect immediately.