Bill Text: NY A01316 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to manufacturers responsibility for electronic equipment recovery and recycling; and to amend the state finance law, in relation to establishing the electronic equipment recycling account within the environmental protection fund
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A01316 Detail]
Download: New_York-2009-A01316-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1316
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. COLTON, FIELDS, MAISEL -- Multi-Sponsored by --
M. of A. ALFANO, BRENNAN, COOK, DINOWITZ, GLICK, JACOBS, NOLAN -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
manufacturers responsibility for electronic equipment recovery and
recycling; and to amend the state finance law, in relation to estab-
lishing the electronic equipment recycling account within the environ-
mental protection fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The purpose of this act shall be to
2 establish a comprehensive electronic equipment recycling system financed
3 by manufacturers of electronic equipment, based on their return share of
4 such electronic equipment. The purpose of this recycling system is to
5 ensure the safe and environmentally sound management of electronic
6 devices and components; encourage the design of electronic devices and
7 components that are less toxic and more recyclable; and to promote the
8 development of a regional infrastructure for collection and recycling of
9 end-of-life electronics.
10 S 2. Short title. This act shall be known and may be cited as the
11 "manufacturer return share electronic equipment recycling act of 2009".
12 S 3. Article 27 of the environmental conservation law is amended by
13 adding a new title 29 to read as follows:
14 TITLE 29
15 ELECTRONIC EQUIPMENT RECYCLING
16 SECTION 27-2901. DEFINITIONS.
17 27-2903. SCOPE OF PRODUCTS.
18 27-2905. SALES PROHIBITION.
19 27-2907. LABELING REQUIREMENT.
20 27-2909. MANUFACTURER RESPONSIBILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01323-02-9
A. 1316 2
1 27-2911. SAMPLING AND REPORTING.
2 27-2913. RETAILER RESPONSIBILITY.
3 27-2915. DEPARTMENT RESPONSIBILITY.
4 27-2917. FEES FOR THE COLLECTION OR RECYCLING OF COVERED ELEC-
5 TRONIC DEVICES.
6 27-2919. CONTRACTS FOR COLLECTION, TRANSPORTATION AND RECYCLING
7 OF COVERED ELECTRONIC DEVICES.
8 27-2921. ENVIRONMENTALLY SOUND MANAGEMENT REQUIREMENTS.
9 27-2923. DISPOSAL BAN.
10 27-2925. ENFORCEMENT.
11 27-2927. REGULATORY AUTHORITY.
12 27-2929. DISPOSITION OF FEES AND PENALTIES.
13 27-2931. FINANCIAL AND PROPRIETARY INFORMATION.
14 27-2933. FEDERAL PREEMPTION.
15 27-2935. SEVERABILITY.
16 S 27-2901. DEFINITIONS.
17 AS USED IN THIS TITLE:
18 1. "COVERED ENTITY" MEANS ANY HOUSEHOLD, SCHOOL DISTRICT, NOT-FOR-PRO-
19 FIT CORPORATION OR SMALL BUSINESS.
20 2. "COVERED ELECTRONIC DEVICE" (A) MEANS A DESKTOP OR LAPTOP COMPUTER,
21 COMPUTER MONITOR, PORTABLE COMPUTER, CATHODE RAY TUBE OR FLATPANEL BASED
22 TELEVISION WITH A SCREEN SIZE GREATER THAN FOUR INCHES MEASURED DIAGO-
23 NALLY; AND
24 (B) SHALL NOT INCLUDE:
25 (I) A COVERED ELECTRONIC DEVICE THAT IS A PART OF A MOTOR VEHICLE OR
26 ANY COMPONENT PART OF A MOTOR VEHICLE ASSEMBLED BY OR FOR A VEHICLE
27 MANUFACTURER OR FRANCHISED DEALER, INCLUDING REPLACEMENT PARTS FOR USE
28 IN A MOTOR VEHICLE;
29 (II) A COVERED ELECTRONIC DEVICE THAT IS FUNCTIONALLY OR PHYSICALLY A
30 PART OF A LARGER PIECE OF EQUIPMENT DESIGNED AND INTENDED FOR USE IN AN
31 INDUSTRIAL, COMMERCIAL OR MEDICAL SETTING, INCLUDING DIAGNOSTIC, MONI-
32 TORING OR CONTROL EQUIPMENT;
33 (III) A COVERED ELECTRONIC DEVICE THAT IS CONTAINED WITHIN A CLOTHES
34 WASHER, CLOTHES DRYER, REFRIGERATOR, REFRIGERATOR AND FREEZER, MICROWAVE
35 OVEN, CONVENTIONAL OVEN OR RANGE, DISHWASHER, ROOM AIR CONDITIONER,
36 DEHUMIDIFIER OR AIR PURIFIER; OR
37 (IV) A TELEPHONE OF ANY TYPE, UNLESS IT CONTAINS A VIDEO DISPLAY AREA
38 GREATER THAN FOUR INCHES, MEASURED DIAGONALLY.
39 3. "HOUSEHOLD" MEANS AN OCCUPANT OF A SINGLE DETACHED DWELLING UNIT OR
40 A SINGLE UNIT OF A MULTIPLE DWELLING UNIT WHO HAS USED A COVERED ELEC-
41 TRONIC DEVICE AT A DWELLING UNIT PRIMARILY FOR PERSONAL OR HOME BUSINESS
42 USE.
43 4. "MANUFACTURER" MEANS ANY PERSON WHO, IRRESPECTIVE OF THE SELLING
44 TECHNIQUE USED, INCLUDING BY MEANS OF REMOTE SALE:
45 (A) MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES UNDER ITS
46 OWN BRAND FOR SALE;
47 (B) MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES FOR SALE
48 IN THIS STATE WITHOUT AFFIXING A BRAND;
49 (C) RESELLS OR RESOLD IN THIS STATE COVERED ELECTRONIC DEVICES
50 PRODUCED BY OTHER SUPPLIERS UNDER ITS OWN BRAND OR LABEL;
51 (D) IMPORTS OR EXPORTS OR IMPORTED OR EXPORTED COVERED ELECTRONIC
52 DEVICES INTO THE UNITED STATES. HOWEVER, IF A COMPANY FROM WHOM AN
53 IMPORTER PURCHASES THE MERCHANDISE HAS A PRESENCE IN THE UNITED STATES
54 AND/OR ASSETS, THAT COMPANY SHALL BE DEEMED TO BE THE MANUFACTURER; OR
55 (E) MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES, SUPPLIES
56 OR SUPPLIED THEM TO ANY PERSON OR PERSONS WITHIN A DISTRIBUTION NETWORK
A. 1316 3
1 THAT INCLUDES WHOLESALERS OR RETAILERS IN THIS STATE, AND BENEFITS OR
2 BENEFITED FROM THE SALE OF THOSE COVERED ELECTRONIC DEVICES THROUGH THAT
3 DISTRIBUTION NETWORK.
4 5. "MANUFACTURER'S BRANDS" MEANS A MANUFACTURER'S NAME, BRAND NAME OR
5 BRAND LABEL, AND ALL MANUFACTURER'S NAMES, BRAND NAMES AND BRAND LABELS
6 FOR WHICH THE MANUFACTURER HAS LEGAL RESPONSIBILITY, INCLUDING THOSE
7 NAMES, BRAND NAMES, AND BRAND LABELS OF COMPANIES THAT HAVE BEEN
8 ACQUIRED BY THE MANUFACTURER.
9 6. "NOT-FOR-PROFIT CORPORATION" MEANS A NOT-FOR-PROFIT CORPORATION
10 EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
11 CODE.
12 7. "ORPHAN DEVICE" MEANS A COVERED ELECTRONIC DEVICE WHOSE MANUFACTUR-
13 ER CANNOT BE IDENTIFIED OR FOR WHICH THE MANUFACTURER IS NO LONGER IN
14 BUSINESS AND HAS NO SUCCESSOR IN INTEREST.
15 8. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, LIMIT-
16 ED LIABILITY COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION, ASSOCI-
17 ATION, GOVERNMENTAL ENTITY, PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHOR-
18 ITY.
19 9. "PREMIUM SERVICE" MEANS SERVICE SUCH AS AT-LOCATION SYSTEM UPGRADE
20 SERVICES PROVIDED TO COVERED ENTITIES AND AT-HOME PICKUP SERVICES
21 OFFERED TO HOUSEHOLDS. "PREMIUM SERVICE" DOES NOT INCLUDE CURBSIDE
22 SERVICE.
23 10. "PROGRAM YEAR" MEANS A FULL CALENDAR YEAR BEGINNING ON OR AFTER
24 JANUARY FIRST, TWO THOUSAND ELEVEN.
25 11. "RECYCLING" MEANS TRANSFORMING OR REMANUFACTURING UNWANTED ELEC-
26 TRONIC PRODUCTS, COMPONENTS, AND BYPRODUCTS INTO USABLE OR MARKETABLE
27 MATERIALS FOR USE OTHER THAN LANDFILL DISPOSAL OR INCINERATION. "RECYCL-
28 ING" DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY MEANS OF
29 COMBUSTING UNWANTED ELECTRONIC PRODUCTS, COMPONENTS, AND BYPRODUCTS WITH
30 OR WITHOUT OTHER WASTE. SMELTING OF ELECTRONIC MATERIALS TO RECOVER
31 METALS FOR REUSE IN CONFORMANCE WITH ALL APPLICABLE LAWS AND REGULATIONS
32 IS NOT CONSIDERED DISPOSAL OR ENERGY RECOVERY.
33 12. "RETAIL SALES" MEANS SALES OF PRODUCTS THROUGH SALES OUTLETS, VIA
34 THE INTERNET, MAIL ORDER OR ANY OTHER MEANS, WHETHER OR NOT THE SELLER
35 HAS A PHYSICAL PRESENCE IN THIS STATE.
36 13. "RETAILER" MEANS A PERSON WHO OWNS OR OPERATES A BUSINESS THAT
37 SELLS NEW COVERED ELECTRONIC DEVICES INCLUDING SALES OUTLETS, CATALOGS
38 OR THE INTERNET, WHETHER OR NOT THE SELLER HAS A PHYSICAL PRESENCE IN
39 THIS STATE, TO A COVERED ENTITY.
40 14. "RETURN SHARE" MEANS THE PERCENTAGE OF COVERED ELECTRONIC DEVICES
41 FOR WHICH AN INDIVIDUAL MANUFACTURER IS RESPONSIBLE TO COLLECT, TRANS-
42 PORT AND RECYCLE.
43 15. "RETURN SHARE IN WEIGHT" MEANS THE TOTAL WEIGHT OF COVERED ELEC-
44 TRONIC DEVICES FOR WHICH A MANUFACTURER IS RESPONSIBLE TO COLLECT,
45 TRANSPORT AND RECYCLE.
46 16. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE
47 INCLUDING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH SALES
48 OUTLETS, CATALOGS OR THE INTERNET, OR ANY OTHER, SIMILAR ELECTRONIC
49 MEANS, AND EXCLUDING LEASES.
50 17. "SMALL BUSINESS" MEANS A BUSINESS THAT EMPLOYS TEN OR LESS INDI-
51 VIDUALS.
52 S 27-2903. SCOPE OF PRODUCTS.
53 1. THE PROVISIONS OF THIS TITLE SHALL APPLY TO COVERED ELECTRONIC
54 DEVICES USED BY COVERED ENTITIES IN THIS STATE.
A. 1316 4
1 2. THE COMMISSIONER MAY ANNUALLY MAKE RECOMMENDATIONS TO THE LEGISLA-
2 TURE AND THE GOVERNOR TO EXTEND THE PROVISIONS OF THIS TITLE TO OTHER
3 COVERED ELECTRONIC DEVICES.
4 S 27-2905. SALES PROHIBITION.
5 1. NO MANUFACTURER SHALL SELL OR OFFER FOR SALE A COVERED ELECTRONIC
6 DEVICE IN THIS STATE UNLESS THE MANUFACTURER HAS FILED A REGISTRATION
7 WITH THE DEPARTMENT.
8 2. NO RETAILER SHALL OFFER FOR SALE ANY NEW COVERED ELECTRONIC DEVICE
9 FROM A MANUFACTURER WHO HAS NOT FILED A REGISTRATION WITH THE DEPART-
10 MENT. THE DEPARTMENT SHALL MAINTAIN AND DISSEMINATE A LIST OF EACH
11 MANUFACTURER REGISTERED, AND A LIST OF MANUFACTURER'S BRANDS AS REPORTED
12 IN THE MANUFACTURER'S REGISTRATION. SUCH LIST SHALL BE POSTED ON THE
13 DEPARTMENT WEBSITE AND SHALL BE UPDATED ON A MONTHLY BASIS. EVERY
14 PERSON WHO SELLS OR BRINGS INTO THIS STATE FOR SALE ANY COVERED ELEC-
15 TRONIC DEVICE, SHALL REVIEW SUCH LIST PRIOR TO SELLING A COVERED ELEC-
16 TRONIC DEVICE IN THIS STATE. A PERSON IS CONSIDERED TO HAVE COMPLIED
17 WITH THIS SUBDIVISION IF, ON THE DATE A COVERED ELECTRONIC DEVICE WAS
18 ORDERED, THE MANUFACTURER WAS INCLUDED ON THE LIST MAINTAINED BY THE
19 DEPARTMENT ON ITS WEBSITE AS HAVING REGISTERED.
20 S 27-2907. LABELING REQUIREMENT.
21 NO MANUFACTURER OR RETAILER SHALL SELL OR OFFER FOR SALE ANY COVERED
22 ELECTRONIC DEVICE IN THIS STATE UNLESS THE COVERED ELECTRONIC DEVICE IS
23 LABELED WITH THE MANUFACTURER'S BRAND, AND SUCH LABEL IS PERMANENTLY
24 AFFIXED AND READILY VISIBLE.
25 S 27-2909. MANUFACTURER RESPONSIBILITY.
26 1. BY JANUARY FIRST, TWO THOUSAND TEN, EACH MANUFACTURER OF COVERED
27 ELECTRONIC DEVICES OFFERED FOR SALE IN THIS STATE SHALL REGISTER ANNUAL-
28 LY WITH THE DEPARTMENT AND PAY A REGISTRATION FEE OF FIVE THOUSAND
29 DOLLARS. THEREAFTER, IF A MANUFACTURER HAS NOT PREVIOUSLY FILED A
30 REGISTRATION, THE MANUFACTURER SHALL FILE A REGISTRATION WITH THE
31 DEPARTMENT PRIOR TO ANY OFFER FOR SALE OF THE MANUFACTURER'S COVERED
32 ELECTRONIC DEVICES IN THE STATE. ANY MANUFACTURER TO WHOM THE DEPARTMENT
33 PROVIDES NOTIFICATION OF A RETURN SHARE AND RETURN SHARE BY WEIGHT
34 PURSUANT TO SUBDIVISION THREE OF SECTION 27-2915 OF THIS TITLE AND WHO
35 HAS NOT PREVIOUSLY FILED A REGISTRATION SHALL FILE A REGISTRATION WITH
36 THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING SUCH NOTIFICATION. EACH
37 MANUFACTURER WHO IS REGISTERED SHALL SUBMIT AN ANNUAL RENEWAL OF ITS
38 REGISTRATION TO THE DEPARTMENT BY JANUARY FIRST. THE REGISTRATION AND
39 ALL RENEWALS SHALL INCLUDE A LIST OF THE MANUFACTURER'S BRANDS OF
40 COVERED ELECTRONIC DEVICES, INCLUDING ALL BRANDS SOLD IN THE STATE, ALL
41 BRANDS BEING SOLD IN THE STATE, AND ALL BRANDS FOR WHICH THE MANUFACTUR-
42 ER HAS LEGAL RESPONSIBILITY PURSUANT TO SUBDIVISION THIRTEEN OF THIS
43 SECTION.
44 2. MANUFACTURERS SHALL BE RESPONSIBLE FOR THE COLLECTION, TRANSPORTA-
45 TION AND RECYCLING OF THEIR RETURN SHARE IN WEIGHT OF COVERED ELECTRONIC
46 DEVICES, AS DETERMINED BY THE DEPARTMENT.
47 3. EACH MANUFACTURER OF COVERED ELECTRONIC DEVICES SHALL:
48 (A) SUBMIT AN ADDITIONAL FEE TO THE DEPARTMENT BASED ON ITS SHARE OF
49 RETURNED COVERED ELECTRONIC DEVICES, WHICH SHALL BE CALCULATED BY MULTI-
50 PLYING THE MANUFACTURER'S RETURN SHARE IN WEIGHT OF COLLECTED COVERED
51 ELECTRONIC DEVICES BY FIFTY CENTS PER POUND OR SUCH OTHER COST PER POUND
52 AS DETERMINED BY THE DEPARTMENT PURSUANT TO SECTION 27-2915 OF THIS
53 TITLE; OR
54 (B) SUBMIT A PLAN FOR THE FIRST PROGRAM YEAR AND ANNUALLY THEREAFTER
55 TO THE DEPARTMENT TO ESTABLISH, FINANCE, CONDUCT AND MANAGE A PROGRAM
56 FOR THE COLLECTION, TRANSPORTATION AND RECYCLING OF ITS RETURN SHARE IN
A. 1316 5
1 WEIGHT OF COVERED ELECTRONIC DEVICES, PROVIDED THAT THE PLAN REPRESENTS
2 AT LEAST FIVE PERCENT OF THE TOTAL COVERED ELECTRONIC DEVICES EXPECTED
3 TO BE COLLECTED ANNUALLY IN THE STATE, AND PROVIDED THAT THE PLAN
4 PROVIDES COLLECTION SERVICES FOR COVERED ELECTRONIC DEVICES THAT ARE
5 REASONABLY CONVENIENT AND AVAILABLE TO ALL COVERED ENTITIES OF THE STATE
6 RESIDING WITHIN ITS GEOGRAPHIC BOUNDARIES, INCLUDING BOTH RURAL AND
7 URBAN AREAS.
8 4. MANUFACTURER COLLECTION SERVICES MAY INCLUDE ELECTRONIC RECYCLERS
9 AND REPAIR SHOPS, RECYCLERS OF OTHER COMMODITIES, REUSE ORGANIZATIONS,
10 NOT-FOR-PROFIT CORPORATIONS, RETAILERS, GOVERNMENT RECYCLING SITES OR
11 ANY OTHER SUITABLE LOCATIONS. THE PLANS MAY CONSIDER WHERE POSSIBLE THE
12 USE OF THE EXISTING COLLECTION AND CONSOLIDATION INFRASTRUCTURES FOR
13 HANDLING COVERED ELECTRONIC DEVICES TO THE EXTENT THAT SUCH INFRASTRUC-
14 TURE IS REASONABLY ACCESSIBLE AND COMPLIES WITH THE ENVIRONMENTALLY
15 SOUND MANAGEMENT REQUIREMENTS OF THIS TITLE.
16 5. MANUFACTURER PLANS MAY ESTABLISH REASONABLE LIMITS ON THE NUMBER OF
17 COVERED ELECTRONIC DEVICES BY PRODUCT TYPE ACCEPTED PER HOUSEHOLD PER
18 DAY OR PER DELIVERY AT A COLLECTION SITE OR SERVICE. FOR PURPOSES OF
19 THIS TITLE AND NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY IN
20 THIS TITLE, THE COLLECTION OF NOT MORE THAN TEN COVERED ELECTRONIC
21 DEVICES PER DAY FROM ANY PERSON IN ACCORDANCE WITH THE MANUFACTURER'S
22 PLAN SHALL BE DEEMED TO BE THE COLLECTION OF A COVERED ELECTRONIC DEVICE
23 FROM A HOUSEHOLD. ALL HOUSEHOLDS MAY USE A COLLECTION SITE AS LONG AS
24 THE HOUSEHOLDS ADHERE TO ANY RESTRICTIONS ESTABLISHED IN THE PLANS.
25 6. MANUFACTURER PLANS MAY SPECIFY LOCATIONS WHERE SMALL BUSINESSES,
26 NOT-FOR-PROFIT CORPORATIONS AND SCHOOL DISTRICTS MAY DELIVER COVERED
27 ELECTRONIC DEVICES FOR RECYCLING AT NO CHARGE.
28 7. A GROUP OF MANUFACTURERS JOINTLY SUBMITTING A PLAN SHALL COLLECT,
29 TRANSPORT AND RECYCLE THE SUM OF THE OBLIGATIONS OF EACH PARTICIPATING
30 MANUFACTURER.
31 8. EACH PLAN REQUIRED BY THIS SECTION SHALL BE FILED WITH A MANUFAC-
32 TURER'S ANNUAL REGISTRATION SUBMITTED TO THE DEPARTMENT BY JANUARY
33 FIRST, TWO THOUSAND TEN. A MANUFACTURER WHO SUBMITS ITS INITIAL REGIS-
34 TRATION TO THE DEPARTMENT AFTER JANUARY FIRST, TWO THOUSAND TEN MUST
35 FULFILL THIS REQUIREMENT WITHIN THIRTY DAYS OF PUBLICATION BY THE
36 DEPARTMENT OF THAT MANUFACTURER'S RETURN SHARE IN WEIGHT. EACH PLAN
37 SHALL INCLUDE:
38 (A) METHODS THAT WILL BE USED TO COLLECT THE COVERED ELECTRONIC
39 DEVICES INCLUDING THE NAME AND LOCATIONS OF PROPOSED COLLECTION AND
40 CONSOLIDATION POINTS;
41 (B) THE PROCESSES AND METHODS THAT WILL BE USED TO RECYCLE RECOVERED
42 COVERED ELECTRONIC DEVICES INCLUDING A DESCRIPTION OF THE PROCESSING
43 THAT WILL BE USED AND THE NAME AND LOCATION OF FACILITIES TO BE UTILIZED
44 DIRECTLY BY THE MANUFACTURER;
45 (C) A COPY OF THE CERTIFICATION SUBMITTED TO THE MANUFACTURER PURSUANT
46 TO SUBDIVISION FIVE OF SECTION 27-2921 OF THIS TITLE BY EACH PROCESSOR
47 DIRECTLY UTILIZED BY THE MANUFACTURER IN ITS PLAN;
48 (D) MEANS THAT WILL BE UTILIZED TO PUBLICIZE THE COLLECTION OPPORTU-
49 NITIES; AND
50 (E) THE INTENTION OF THE MANUFACTURER TO FULFILL ITS OBLIGATIONS
51 THROUGH OPERATION OF ITS OWN PLAN, EITHER INDIVIDUALLY OR IN PARTNERSHIP
52 WITH OTHER MANUFACTURERS.
53 9. THE DEPARTMENT SHALL REVIEW EACH PLAN AND WITHIN SIXTY DAYS OF
54 RECEIPT OF SUCH PLAN, SHALL DETERMINE WHETHER THE PLAN COMPLIES WITH THE
55 PROVISIONS OF THIS TITLE. IF THE PLAN IS APPROVED, THE DEPARTMENT SHALL
56 NOTIFY THE MANUFACTURER. IF THE PLAN IS REJECTED, THE DEPARTMENT SHALL
A. 1316 6
1 NOTIFY THE MANUFACTURER AND PROVIDE THE REASONS FOR THE PLAN'S
2 REJECTION.
3 UPON APPROVAL OF A PLAN BY THE DEPARTMENT, THE MANUFACTURER'S PAYMENT
4 OF THE ANNUAL FEE BASED ON RETURN SHARE SHALL BE WAIVED.
5 10. IF A MANUFACTURER FAILS TO COMPLY WITH ALL THE TERMS AND CONDI-
6 TIONS OF ITS APPROVED PLAN, IT SHALL BE REQUIRED TO SUBMIT TO THE
7 DEPARTMENT A PAYMENT TO COVER THE COST OF COLLECTING, TRANSPORTING AND
8 RECYCLING THE UNMET PORTION OF ITS OBLIGATION. SUCH PAYMENT SHALL BE
9 EQUAL TO THE QUANTITY OF THE OUTSTANDING PORTION, IN POUNDS, MULTIPLIED
10 BY FIFTY CENTS, OR THE COST PER POUND AS DETERMINED BY THE DEPARTMENT
11 PURSUANT TO SUBDIVISION TEN OF SECTION 27-2915 OF THIS TITLE.
12 11. MANUFACTURERS THAT COLLECT, TRANSPORT AND RECYCLE IN EXCESS OF
13 THEIR OBLIGATION UNDER THEIR APPROVED PLAN MAY SELL CREDITS TO ANOTHER
14 MANUFACTURER OR APPLY SUCH EXCESS TO THE FOLLOWING CALENDAR YEAR'S RECY-
15 CLING OBLIGATION.
16 12. PRIOR TO JUNE FIRST, TWO THOUSAND TEN AND PERIODICALLY THEREAFTER,
17 THE DEPARTMENT SHALL IDENTIFY, USING ALL REASONABLE MEANS, MANUFACTURERS
18 THAT ARE IN BUSINESS OR THAT ARE NO LONGER IN BUSINESS BUT THAT HAVE A
19 SUCCESSOR IN INTEREST AND BRANDS FOR WHICH A MANUFACTURER IS RESPONSI-
20 BLE, BY EXAMINING BEST AVAILABLE RETURN SHARE DATA AND OTHER PERTINENT
21 DATA. UNLESS THE MANUFACTURER HAS REGISTERED WITH THE DEPARTMENT, THE
22 DEPARTMENT SHALL NOTIFY MANUFACTURERS THAT HAVE BEEN IDENTIFIED AND FOR
23 WHOM AN ADDRESS HAS BEEN FOUND OF THE REQUIREMENTS OF THIS TITLE,
24 INCLUDING REGISTRATION AND PLAN REQUIREMENTS UNDER THIS SECTION.
25 13. ANY PERSON ACQUIRING A MANUFACTURER, OR WHO HAS ACQUIRED A
26 MANUFACTURER SHALL HAVE ALL RESPONSIBILITY FOR THE ACQUIRED COMPANY'S
27 COVERED ELECTRONIC DEVICES, INCLUDING COVERED ELECTRONIC DEVICES MANU-
28 FACTURED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE, UNLESS THAT RESPON-
29 SIBILITY REMAINS WITH ANOTHER ENTITY PER THE PURCHASE AGREEMENT AND THE
30 ACQUIRING MANUFACTURER PROVIDES THE DEPARTMENT WITH A LETTER FROM THE
31 OTHER ENTITY ACCEPTING RESPONSIBILITY FOR THE COVERED ELECTRONIC
32 DEVICES.
33 S 27-2911. SAMPLING AND REPORTING.
34 1. THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE CONDUCT OF AN AUDITA-
35 BLE, STATISTICALLY SIGNIFICANT SAMPLING OF COVERED ELECTRONIC DEVICES
36 RECOVERED EVERY YEAR, FOR THOSE MANUFACTURERS WHO ELECT NOT TO CONDUCT
37 THEIR OWN COLLECTION, TRANSPORTATION AND RECYCLING PROGRAM. THE SAMPLING
38 INFORMATION COLLECTED SHALL INCLUDE:
39 (A) A LIST OF THE BRAND NAMES OF COVERED ELECTRONIC DEVICES, INCLUDING
40 ORPHAN DEVICES;
41 (B) THE NUMBER OF COVERED ELECTRONIC DEVICES, INCLUDING ORPHAN
42 DEVICES;
43 (C) THE WEIGHT OF COVERED ELECTRONIC DEVICES THAT ARE IDENTIFIED FOR
44 EACH BRAND NAME OR FOR ORPHAN DEVICES;
45 (D) THE TOTAL WEIGHT OF THE SAMPLE; AND
46 (E) ANY OTHER ADDITIONAL INFORMATION NEEDED TO ASSIGN RETURN SHARE.
47 2. THE SAMPLING SHALL BE CONDUCTED IN ACCORDANCE WITH A PROCEDURE
48 ESTABLISHED BY THE DEPARTMENT AND MAY BE CONDUCTED BY A THIRD-PARTY
49 ORGANIZATION INCLUDING THE RECYCLER, TO BE DETERMINED BY THE DEPARTMENT.
50 THE DEPARTMENT MAY, AT ITS DISCRETION BE PRESENT AT THE SAMPLING, AND
51 MAY AUDIT THE METHODOLOGY AND THE RESULTS OF A THIRD-PARTY ORGANIZATION.
52 THE COSTS ASSOCIATED WITH THE SAMPLING SHALL BE RECOVERED FROM THE ELEC-
53 TRONIC EQUIPMENT RECYCLING ACCOUNT OF THE ENVIRONMENTAL PROTECTION FUND
54 ESTABLISHED BY SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
A. 1316 7
1 3. IF A MANUFACTURER CONDUCTS ITS OWN COLLECTION PLAN OF COVERED ELEC-
2 TRONIC DEVICES, THE MANUFACTURER SHALL ANNUALLY REPORT TO THE DEPARTMENT
3 ON OR BEFORE JANUARY THIRTIETH, BEGINNING THE SECOND PROGRAM YEAR:
4 (A) THE RESULTS OF AUDITABLE, STATISTICALLY SIGNIFICANT SAMPLING OF
5 THE COVERED ELECTRONIC DEVICES COLLECTED DURING THE PREVIOUS CALENDAR
6 YEAR. THE INFORMATION REPORTED SHALL INCLUDE A LIST OF BRAND NAMES OF
7 THE COVERED ELECTRONIC DEVICES; THE WEIGHT OF COVERED ELECTRONIC DEVICES
8 THAT ARE IDENTIFIED FOR EACH BRAND NAME AND THE WEIGHT OF COVERED ELEC-
9 TRONIC DEVICES THAT LACK A MANUFACTURER'S BRAND; AND ANY OTHER INFORMA-
10 TION DETERMINED BY THE DEPARTMENT AS NECESSARY TO ASSIGN A RETURN SHARE;
11 AND
12 (B) THE TOTAL WEIGHT OF COVERED ELECTRONIC DEVICES COLLECTED, TRANS-
13 PORTED AND RECYCLED DURING THE PRECEDING CALENDAR YEAR, INCLUDING
14 DOCUMENTATION VERIFYING COLLECTION AND PROCESSING OF SUCH MATERIAL.
15 S 27-2913. RETAILER RESPONSIBILITY.
16 BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN RETAILERS SHALL PROVIDE
17 TO THEIR CUSTOMERS THE DEPARTMENT'S TOLL-FREE TELEPHONE NUMBER AND
18 WEBSITE. REMOTE SELLERS MAY INCLUDE THIS INFORMATION IN A VISIBLE
19 LOCATION ON THEIR WEBSITE TO FULFILL THIS REQUIREMENT.
20 S 27-2915. DEPARTMENT RESPONSIBILITY.
21 1. THE DEPARTMENT SHALL DETERMINE THE RETURN SHARE FOR EACH MANUFAC-
22 TURER THAT IS IN BUSINESS OR THAT IS NO LONGER IN BUSINESS, BUT HAS A
23 SUCCESSOR IN INTEREST, OF COVERED ELECTRONIC DEVICES BY DIVIDING THE
24 WEIGHT OF COVERED ELECTRONIC DEVICES IDENTIFIED FOR EACH SUCH MANUFAC-
25 TURER BY THE TOTAL WEIGHT OF COVERED ELECTRONIC DEVICES IDENTIFIED FOR
26 ALL SUCH MANUFACTURERS AND MULTIPLYING THIS QUOTIENT BY ONE HUNDRED. FOR
27 THE FIRST PROGRAM YEAR, THE RETURN SHARE OF COVERED ELECTRONIC DEVICES
28 IDENTIFIED FOR AN INDIVIDUAL MANUFACTURER SHALL BE BASED ON THE BEST
29 AVAILABLE PUBLIC INFORMATION FOR RETURN SHARE DATA FROM OTHER STATES AND
30 OTHER PERTINENT DATA. FOR THE SECOND AND EACH SUBSEQUENT YEAR, THE
31 RETURN SHARE OF COVERED ELECTRONIC DEVICES IDENTIFIED FOR EACH MANUFAC-
32 TURER SHALL BE BASED ON THE MOST RECENT SAMPLING OF COVERED ELECTRONIC
33 DEVICES CONDUCTED IN THE STATE.
34 2. THE DEPARTMENT SHALL DETERMINE THE RETURN SHARE IN WEIGHT FOR EACH
35 MANUFACTURER OF COVERED ELECTRONIC DEVICES BY MULTIPLYING THE RETURN
36 SHARE FOR EACH MANUFACTURER BY THE TOTAL WEIGHT IN POUNDS OF COVERED
37 ELECTRONIC DEVICES, INCLUDING ORPHAN DEVICES, COLLECTED FROM COVERED
38 ENTITIES THE PRECEDING YEAR.
39 FOR THE FIRST PROGRAM YEAR, THE TOTAL RETURN SHARE IN WEIGHT SHALL BE
40 BASED ON THE BEST AVAILABLE PUBLIC INFORMATION AND OTHER PERTINENT DATA
41 ON RETURN SHARE IN WEIGHT, INCLUDING AVAILABLE DATA, IF ANY, ON COVERED
42 ELECTRONIC DEVICES RECYCLED DURING THE PREVIOUS YEAR IN THE STATE.
43 3. ANNUALLY, ON OR BEFORE FEBRUARY FIFTEENTH, THE DEPARTMENT SHALL
44 PROVIDE EACH MANUFACTURER WITH ITS RETURN SHARE AND THE RETURN SHARE IN
45 WEIGHT OF COVERED ELECTRONIC DEVICES FOR SUCH YEAR.
46 4. THE DEPARTMENT SHALL RECEIVE ALL FEES IMPOSED PURSUANT TO THIS
47 TITLE. SIXTY DAYS AFTER RECEIVING FROM THE DEPARTMENT PURSUANT TO SUBDI-
48 VISION 3 OF THIS SECTION ITS RETURN SHARE IN WEIGHT, MANUFACTURERS WITH-
49 OUT APPROVED PLANS SHALL SUBMIT TO THE DEPARTMENT FEES, AS REQUIRED
50 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 27-2909 OF
51 THIS TITLE.
52 5. THE DEPARTMENT SHALL PREPARE AND IMPLEMENT ITS PLAN FOR THE
53 COLLECTION, TRANSPORTATION, AND RECYCLING OF COVERED ELECTRONIC DEVICES
54 FOR THOSE MANUFACTURERS WITHOUT APPROVED PLANS.
55 (A) THE DEPARTMENT SHALL ENSURE THAT THE PLAN PROVIDES COLLECTION
56 SERVICES FOR COVERED ELECTRONIC DEVICES THAT ARE REASONABLY CONVENIENT
A. 1316 8
1 AND AVAILABLE TO ALL COVERED ENTITIES IN THE STATE RESIDING WITHIN ITS
2 GEOGRAPHIC BOUNDARIES, INCLUDING BOTH RURAL AND URBAN AREAS. THE PLAN
3 MAY PROVIDE COLLECTION SERVICES JOINTLY WITH ONE OR MORE MANUFACTURERS.
4 (B) THE DEPARTMENT'S PLAN MAY PROVIDE COLLECTION SERVICES IN FORMS
5 DIFFERENT THAN COLLECTION SITES, IF THOSE ALTERNATE SERVICES PROVIDE
6 EQUAL OR BETTER CONVENIENCE TO HOUSEHOLDS AND EQUAL OR INCREASED RECOV-
7 ERY OF COVERED ELECTRONIC DEVICES.
8 (C) FOR RURAL AREAS WITHOUT COMMERCIAL CENTERS OR AREAS WITH WIDELY
9 DISPERSED POPULATIONS, THE DEPARTMENT'S PLAN MAY PROVIDE COLLECTION AT
10 THE NEAREST COMMERCIAL CENTERS OR SOLID WASTE SITES, COLLECTION EVENTS,
11 MAIL-BACK SYSTEMS, OR A COMBINATION OF THESE OPTIONS.
12 (D) COLLECTION SITES MAY INCLUDE ELECTRONIC RECYCLERS AND REPAIR
13 SHOPS, RECYCLERS OF OTHER COMMODITIES, REUSE ORGANIZATIONS, NOT-FOR-PRO-
14 FITS, RETAILERS, GOVERNMENT RECYCLING SITES OR ANY OTHER SUITABLE
15 LOCATIONS.
16 (E) THE DEPARTMENT'S PLAN SHALL ENCOURAGE THE USE OF EXISTING
17 COLLECTION AND CONSOLIDATION INFRASTRUCTURES FOR HANDLING COVERED ELEC-
18 TRONIC DEVICES TO THE EXTENT THAT SUCH INFRASTRUCTURE IS ACCESSIBLE ON A
19 REGULAR AND ONGOING BASIS, IS COST EFFECTIVE AND COMPLIES WITH THE ENVI-
20 RONMENTALLY SOUND MANAGEMENT RULES AND REGULATIONS PROMULGATED PURSUANT
21 TO THIS TITLE.
22 (F) THE DEPARTMENT'S PLAN SHALL ESTABLISH REASONABLE LIMITS ON THE
23 NUMBER OF COVERED ELECTRONIC DEVICES BY PRODUCT TYPE ACCEPTED PER HOUSE-
24 HOLD PER DAY OR PER DELIVERY AT A COLLECTION SITE OR SERVICE. FOR THE
25 PURPOSES OF THIS TITLE AND NOTWITHSTANDING ANY OTHER PROVISION TO THE
26 CONTRARY IN THIS TITLE, THE COLLECTION OF NOT MORE THAN TEN COVERED
27 ELECTRONIC DEVICES PER DAY FROM ANY PERSON IN ACCORDANCE WITH THE
28 DEPARTMENT'S PLAN SHALL BE DEEMED TO BE THE COLLECTION OF A COVERED
29 ELECTRONIC DEVICE FROM A HOUSEHOLD. ALL HOUSEHOLDS MAY USE A COLLECTION
30 SITE AS LONG AS THE HOUSEHOLDS ADHERE TO ANY RESTRICTIONS ESTABLISHED IN
31 THE PLANS.
32 (G) SMALL BUSINESSES, NOT-FOR-PROFIT CORPORATIONS AND SCHOOL DISTRICTS
33 MAY DELIVER COVERED ELECTRONIC DEVICES FOR RECYCLING AT NO CHARGE TO
34 SUCH SMALL BUSINESSES, NOT-FOR-PROFIT CORPORATIONS AND SCHOOL DISTRICTS,
35 ONLY TO LOCATIONS SPECIFIED BY THE DEPARTMENT.
36 6. THE DEPARTMENT SHALL ORGANIZE, CONDUCT AND COORDINATE PUBLIC
37 OUTREACH.
38 7. THE DEPARTMENT SHALL USE ALL MONEYS APPROPRIATED FROM THE ELECTRON-
39 IC EQUIPMENT RECYCLING ACCOUNT FOR THE SOLE PURPOSE OF IMPLEMENTING THE
40 PROVISIONS OF THIS TITLE.
41 8. BEGINNING IN TWO THOUSAND ELEVEN, THE DEPARTMENT SHALL COMPLETE AN
42 ANNUAL REPORT ON ALL COVERED ELECTRONIC DEVICES COLLECTED, TRANSPORTED,
43 AND RECYCLED PURSUANT TO ITS PLAN ON OR BEFORE JANUARY THIRTIETH. SUCH
44 REPORT SHALL INCLUDE:
45 (A) A LIST OF ALL PARTIES WHOM THE DEPARTMENT HAS DESIGNATED AS
46 APPROVED TO RECEIVE PAYMENTS, THE AMOUNT OF PAYMENTS IT HAS MADE TO
47 THOSE PARTIES, AND THE PURPOSE OF THOSE PAYMENTS;
48 (B) THE TOTAL WEIGHT OF COVERED ELECTRONIC DEVICES COLLECTED IN THE
49 STATE THE PREVIOUS CALENDAR YEAR;
50 (C) A LIST OF ALL COLLECTION SITES OPERATED IN THE STATE AND THE
51 PARTIES WHO OPERATE THEM;
52 (D) AN EVALUATION OF THE EFFECTIVENESS OF THE EDUCATION AND OUTREACH
53 PROGRAM; AND
54 (E) AN EVALUATION OF THE EXISTING COLLECTION AND PROCESSING INFRAS-
55 TRUCTURE.
A. 1316 9
1 9. THE DEPARTMENT SHALL, BY JUNE FIRST, TWO THOUSAND TEN, MAINTAIN AND
2 UPDATE AN INTERNET WEBSITE AND A TOLL-FREE TELEPHONE NUMBER WITH A
3 CURRENT LISTING OF WHERE CONSUMERS CAN DEPOSIT COVERED ELECTRONIC
4 DEVICES FOR RECYCLING.
5 10. BEGINNING JANUARY THIRTIETH, TWO THOUSAND TWELVE, AND ANNUALLY
6 THEREAFTER, THE DEPARTMENT MAY ADJUST THE COST PER POUND FOR RECYCLING
7 COVERED ELECTRONIC DEVICES, WHICH COST PER POUND AMOUNT IS USED TO
8 CALCULATE THE ADDITIONAL FEE THAT MANUFACTURERS MUST PAY TO THE DEPART-
9 MENT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 27-2909
10 OF THIS TITLE AND THE PAYMENT THAT A MANUFACTURER MUST PAY TO THE
11 DEPARTMENT PURSUANT TO SUBDIVISION TEN OF SECTION 27-2909 OF THIS TITLE,
12 IN ORDER TO REASONABLY APPROXIMATE MARKET COSTS FOR THE COLLECTION,
13 TRANSPORTATION AND RECYCLING OF COVERED ELECTRONIC DEVICES. PRIOR TO
14 MAKING ANY SUCH ADJUSTMENT, THE DEPARTMENT SHALL NOTIFY THE PUBLIC,
15 INCLUDING ALL REGISTERED MANUFACTURERS, OF ANY PROPOSED CHANGE TO THE
16 COST PER POUND AND PROVIDE A PUBLIC COMMENT PERIOD. THE DEPARTMENT SHALL
17 NOTIFY ALL REGISTERED MANUFACTURERS OF ANY CHANGES TO THE COST PER POUND
18 BY NOVEMBER FIRST PRIOR TO THE PROGRAM YEAR FOR WHICH THE REVISED COST
19 PER POUND IS TO BE USED.
20 S 27-2917. FEES FOR THE COLLECTION OR RECYCLING OF COVERED ELECTRONIC
21 DEVICES.
22 NO FEE OR CHARGE SHALL BE IMPOSED UPON ANY COVERED ENTITY FOR THE
23 COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED ELECTRONIC DEVICES BY
24 ANY PERSON OR ENTITY PARTICIPATING IN OR BEING COMPENSATED BY THE STATE-
25 WIDE PROGRAM OPERATED AND FUNDED BY THE DEPARTMENT OR BY A MANUFACTURER
26 FOR RECYCLING OR TAKE-BACK OR FOR ANY OTHER PURPOSE RELATED TO THE
27 COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED ELECTRONIC DEVICES.
28 PROVIDED, HOWEVER, THAT THIS SHALL NOT PROHIBIT COLLECTORS PROVIDING
29 PREMIUM SERVICES FROM CHARGING CUSTOMERS A FEE FOR THE ADDITIONAL
30 COLLECTION COST OF PROVIDING SUCH SERVICE, WHEN FUNDING FOR COLLECTION
31 FROM THE STATE-WIDE PROGRAM FUNDED BY THE DEPARTMENT OR A PROGRAM FUNDED
32 BY A MANUFACTURER DOES NOT FULLY COVER THE COST OF SUCH SERVICE.
33 S 27-2919. CONTRACTS FOR COLLECTION, TRANSPORTATION AND RECYCLING OF
34 COVERED ELECTRONIC DEVICES.
35 THE COMMISSIONER MAY ENTER INTO CONTRACTS WITH MUNICIPALITIES,
36 NOT-FOR-PROFIT CORPORATIONS, AND FOR-PROFIT ORGANIZATIONS AND COMPANIES
37 FOR THE COLLECTION, TRANSPORTATION AND RECYCLING OF COVERED ELECTRONIC
38 DEVICES. CONTRACTS SHALL INCLUDE PROVISIONS TO ENSURE THE FOLLOWING:
39 1. THE COVERED ELECTRONIC DEVICES ARE COLLECTED FROM A COVERED ENTITY
40 LOCATED IN THE STATE;
41 2. THE COLLECTION, TRANSPORTATION AND RECYCLING OF THE COVERED ELEC-
42 TRONIC DEVICES ARE CONDUCTED IN ACCORDANCE WITH ALL LOCAL, STATE AND
43 FEDERAL LAWS;
44 3. NO FEES OR COSTS ARE CHARGED TO COVERED ENTITIES; PROVIDED, HOWEV-
45 ER, THIS SHALL NOT PROHIBIT COLLECTORS PROVIDING PREMIUM SERVICES FROM
46 CHARGING CUSTOMERS A FEE FOR ADDITIONAL COLLECTION COST OF PROVIDING
47 SUCH SERVICE, WHEN FUNDING FOR COLLECTION FROM THE STATE-WIDE PROGRAM
48 FUNDED BY THE DEPARTMENT DOES NOT FULLY COVER THE COST OF SUCH SERVICE;
49 AND
50 4. RECORDKEEPING TO ACCOUNT FOR ALL COVERED ELECTRONIC DEVICES
51 ACCEPTED AND THE DISPOSITION OF SUCH DEVICES.
52 S 27-2921. ENVIRONMENTALLY SOUND MANAGEMENT REQUIREMENTS.
53 1. ALL COVERED ELECTRONIC DEVICES COLLECTED PURSUANT TO THIS TITLE
54 SHALL BE RECYCLED IN A MANNER THAT IS IN COMPLIANCE WITH ALL APPLICABLE
55 FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS.
A. 1316 10
1 2. THE DEPARTMENT SHALL ESTABLISH BY RULE PERFORMANCE STANDARDS FOR
2 ENVIRONMENTALLY SOUND MANAGEMENT FOR PROCESSORS DIRECTLY USED TO FULFILL
3 THE REQUIREMENTS OF THIS TITLE. PERFORMANCE STANDARDS MAY INCLUDE FINAN-
4 CIAL ASSURANCE TO ENSURE PROPER CLOSURE OF FACILITIES CONSISTENT WITH
5 ENVIRONMENTAL STANDARDS.
6 3. THE DEPARTMENT SHALL ESTABLISH BY RULE GUIDELINES REGARDING NONRE-
7 CYCLED RESIDUAL THAT MAY BE PROPERLY DISPOSED OF AFTER COVERED ELECTRON-
8 IC DEVICES HAVE BEEN PROCESSED.
9 4. THE DEPARTMENT MAY AUDIT PROCESSORS THAT ARE UTILIZED TO FULFILL
10 THE REQUIREMENTS OF A DEPARTMENT PLAN.
11 5. BY DECEMBER FIFTEENTH, TWO THOUSAND ELEVEN AND ANNUALLY THEREAFTER
12 BY JANUARY FIFTEENTH, EACH RECYCLER USED DIRECTLY BY A MANUFACTURER IN A
13 PLAN SHALL SUBMIT TO THE MANUFACTURER A CERTIFICATION THAT AN AUDIT OF
14 THE RECYCLER HAS BEEN CONDUCTED WITHIN THE PAST TWELVE MONTHS. THE AUDIT
15 MUST ASSESS COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL
16 LAWS, RULES AND REGULATIONS.
17 S 27-2923. DISPOSAL BAN.
18 NO PERSON SHALL KNOWINGLY OR INTENTIONALLY PLACE OR DISPOSE OF ANY
19 COVERED ELECTRONIC DEVICE IN ANY SOLID WASTE DISPOSAL FACILITY.
20 S 27-2925. ENFORCEMENT.
21 1. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS TITLE PURSUANT
22 TO THE PROVISIONS OF TITLE TWENTY-SEVEN OF ARTICLE SEVENTY-ONE OF THIS
23 CHAPTER.
24 2. THE VIOLATIONS OF THIS TITLE SHALL INCLUDE, BUT NOT BE LIMITED TO:
25 (A) THE SALE OF ANY COVERED ELECTRONIC DEVICE WHICH DOES NOT COMPLY
26 WITH THE PROVISIONS OF THIS TITLE;
27 (B) APPLICATION FOR COMPENSATION FOR THE RECYCLING OF ANY COVERED
28 ELECTRONIC DEVICE NOT COLLECTED WITHIN THE STATE;
29 (C) USE OF A QUALIFIED COLLECTION PROGRAM TO RECYCLE ANY COVERED ELEC-
30 TRONIC DEVICE NOT DISCARDED WITHIN THE STATE;
31 (D) THE KNOWING FAILURE TO REPORT OR ACCURATELY REPORT ANY DATA
32 REQUIRED TO BE REPORTED TO THE DEPARTMENT BY THIS TITLE; AND
33 (E) ANY VIOLATION OF THE REQUIREMENTS OF THIS TITLE.
34 S 27-2927. REGULATORY AUTHORITY.
35 THE DEPARTMENT MAY ADOPT SUCH RULES AND REGULATIONS AS SHALL BE NECES-
36 SARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
37 S 27-2929. DISPOSITION OF FEES AND PENALTIES.
38 ALL FEES AND PENALTIES COLLECTED PURSUANT TO THE PROVISIONS OF THIS
39 TITLE SHALL BE PAID TO THE COMPTROLLER FOR DEPOSIT TO THE CREDIT OF THE
40 ELECTRONIC EQUIPMENT RECYCLING ACCOUNT OF THE ENVIRONMENTAL PROTECTION
41 FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
42 LAW.
43 S 27-2931. FINANCIAL AND PROPRIETARY INFORMATION.
44 FINANCIAL OR PROPRIETARY INFORMATION SUBMITTED TO THE DEPARTMENT UNDER
45 THIS TITLE IS EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE
46 PUBLIC OFFICERS LAW.
47 S 27-2933. FEDERAL PREEMPTION.
48 THIS TITLE SHALL BE DEEMED REPEALED IF A FEDERAL LAW OR A COMBINATION
49 OF FEDERAL LAWS, TAKES EFFECT THAT ESTABLISHES A NATIONAL PROGRAM FOR
50 THE COLLECTION AND RECYCLING OF COVERED ELECTRONIC DEVICES THAT SUBSTAN-
51 TIALLY MEETS THE INTENT OF THIS TITLE, INCLUDING THE CREATION OF A
52 FINANCING MECHANISM FOR COLLECTION, TRANSPORTATION, AND RECYCLING OF ALL
53 COVERED ELECTRONIC DEVICES FROM HOUSEHOLDS, SMALL BUSINESSES, SCHOOL
54 DISTRICTS AND NOT-FOR-PROFIT CORPORATIONS IN THE UNITED STATES.
55 S 27-2935. SEVERABILITY.
A. 1316 11
1 THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND IF ANY PARAGRAPH,
2 SUBDIVISION, SECTION OR PART OF THIS TITLE IS DECLARED TO BE VOID OR
3 INVALID BY A COURT OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS
4 SHALL NOT BE AFFECTED, BUT SHALL REMAIN IN FULL FORCE AND EFFECT.
5 S 4. The environmental conservation law is amended by adding a new
6 section 71-2728 to read as follows:
7 S 71-2728. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
8 1. ANY MANUFACTURER WHO VIOLATES ANY REQUIREMENT OF SUBDIVISION ONE OR
9 THREE OF SECTION 27-2909 OF THIS CHAPTER MUST FIRST RECEIVE A WRITTEN
10 WARNING FROM THE DEPARTMENT INCLUDING A COPY OF THE REQUIREMENTS AND
11 THIRTY DAYS TO CORRECT THE VIOLATION. AFTER THIRTY DAYS, SUCH MANUFAC-
12 TURER MAY BE ASSESSED A PENALTY OF UP TO TEN THOUSAND DOLLARS FOR THE
13 FIRST VIOLATION AND UP TO TWENTY-FIVE THOUSAND DOLLARS FOR THE SECOND
14 AND EACH SUBSEQUENT VIOLATION, IN ADDITION TO BEING RESPONSIBLE FOR ANY
15 PAYMENTS REQUIRED IN THIS ARTICLE.
16 2. EXCEPT AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, ANY PERSON
17 WHO VIOLATES ANY REQUIREMENT OF TITLE TWENTY-NINE OF ARTICLE TWENTY-SEV-
18 EN OF THIS CHAPTER MUST FIRST RECEIVE A WRITTEN WARNING FROM THE DEPART-
19 MENT INCLUDING A COPY OF THE REQUIREMENTS UNDER TITLE TWENTY-NINE OF
20 ARTICLE TWENTY-SEVEN OF THIS CHAPTER AND THIRTY DAYS TO CORRECT THE
21 VIOLATION. AFTER THIRTY DAYS, SUCH PERSON MAY BE ASSESSED A PENALTY OF
22 UP TO ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP TO TWO THOU-
23 SAND DOLLARS FOR THE SECOND AND SUBSEQUENT VIOLATIONS.
24 S 5. Subdivision 2 of section 92-s of the state finance law, as added
25 by chapter 610 of the laws of 1993, is amended to read as follows:
26 2. a. The comptroller shall establish the following separate and
27 distinct accounts within the environmental protection fund:
28 (i) solid waste account;
29 (ii) parks, recreation and historic preservation account;
30 (iii) open space account; [and]
31 (iv) environmental protection transfer account[.]; AND
32 (V) ELECTRONIC EQUIPMENT RECYCLING ACCOUNT.
33 b. All monies received by the comptroller for deposit in the environ-
34 mental protection fund, EXCEPT THOSE MONIES COLLECTED FROM FEES AND
35 PENALTIES IMPOSED PURSUANT TO TITLE TWENTY-NINE OF ARTICLE TWENTY-SEVEN
36 OF THE ENVIRONMENTAL CONSERVATION LAW, shall be deposited first to the
37 credit of the environmental protection transfer account. ALL MONIES
38 RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE ENVIRONMENTAL PROTECTION
39 FUND FROM FEES AND PENALTIES COLLECTED PURSUANT TO TITLE TWENTY-NINE OF
40 ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW SHALL BE
41 DEPOSITED TO THE CREDIT OF THE ELECTRONIC EQUIPMENT RECYCLING ACCOUNT.
42 No monies shall be expended from any such account for any project except
43 pursuant to appropriation by the legislature.
44 S 6. Subdivision 3 of section 92-s of the state finance law, as
45 amended by chapter 145 of the laws of 2004, is amended to read as
46 follows:
47 3. Such fund shall consist of the amount of revenue collected within
48 the state from the amount of revenue, interest and penalties deposited
49 pursuant to section fourteen hundred twenty-one of the tax law, THE
50 AMOUNT OF FEES AND PENALTIES RECEIVED PURSUANT TO TITLE TWENTY-NINE OF
51 ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, the amount
52 of fees and penalties received from easements or leases pursuant to
53 subdivision fourteen of section seventy-five of the public lands law and
54 the money received as annual service charges pursuant to section four
55 hundred four-l of the vehicle and traffic law, all moneys required to be
56 deposited therein from the contingency reserve fund pursuant to section
A. 1316 12
1 two hundred ninety-four of chapter fifty-seven of the laws of nineteen
2 hundred ninety-three, all moneys required to be deposited pursuant to
3 section thirteen of chapter six hundred ten of the laws of nineteen
4 hundred ninety-three, repayments of loans made pursuant to section
5 54-0511 of the environmental conservation law, all moneys to be deposit-
6 ed from the Northville settlement pursuant to section one hundred twen-
7 ty-four of chapter three hundred nine of the laws of nineteen hundred
8 ninety-six, provided however, that such moneys shall only be used for
9 the cost of the purchase of private lands in the core area of the
10 central Suffolk pine barrens pursuant to a consent order with the North-
11 ville industries signed on October thirteenth, nineteen hundred ninety-
12 four and the related resource restoration and replacement plan, the
13 amount of penalties required to be deposited therein by section 71-2724
14 of the environmental conservation law, and all other moneys credited or
15 transferred thereto from any other fund or source pursuant to law. All
16 such revenue shall be initially deposited into the environmental
17 protection fund, for application as provided in subdivision [five] SIX
18 of this section.
19 S 7. Subdivision 6 of section 92-s of the state finance law is amended
20 by adding a new paragraph (f) to read as follows:
21 (F) MONEYS FROM THE ELECTRONIC EQUIPMENT RECYCLING ACCOUNT SHALL BE
22 MADE AVAILABLE, PURSUANT TO APPROPRIATION, TO THE DEPARTMENT OF ENVIRON-
23 MENTAL CONSERVATION TO BE USED SOLELY FOR THE PURPOSES OF IMPLEMENTING
24 AND ENFORCING THE PROVISIONS OF TITLE TWENTY-NINE OF ARTICLE TWENTY-SEV-
25 EN OF THE ENVIRONMENTAL CONSERVATION LAW.
26 S 8. This act shall take effect January 1, 2010 except that:
27 (a) section 27-2923 of the environmental conservation law, as added by
28 section three of this act, shall take effect January 1, 2011;
29 (b) the department of environmental conservation is immediately
30 authorized to develop any rules and regulations necessary to implement
31 the provisions of this act; and
32 (c) the department of environmental conservation shall notify the
33 legislative bill drafting commission upon the occurrence of the enact-
34 ment of the legislation provided for in section 27-2933 of the environ-
35 mental conservation law, as added by section three of this act, in order
36 that the commission may maintain an accurate and timely effective data
37 base of the official text of the laws of the state of New York in furth-
38 erance of effectuating the provisions of section 44 of the legislative
39 law and section 70-b of the public officers law.
