Bill Text: NY S00643 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to rechargeable battery recycling; adds a battery used as the principal electric power source for an electric scooter or bicycle with electric assist to the definition of "rechargeable battery"; provides that a battery manufacturer may not sell, offer for sale, or distribute rechargeable batteries in the state unless the battery manufacturer is implementing or participating under an approved plan; allows a city with a population of one million or more to enforce through its own agencies.
Spectrum: Slight Partisan Bill (Democrat 10-6)
Status: (Engrossed) 2024-06-06 - ordered to third reading rules cal.489 [S00643 Detail]
Download: New_York-2023-S00643-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 643--E Cal. No. 533 2023-2024 Regular Sessions IN SENATE January 5, 2023 ___________ Introduced by Sens. KAVANAGH, ADDABBO, HARCKHAM, HOYLMAN-SIGAL, JACKSON, PARKER, RHOADS, TEDISCO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Environmental Conser- vation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 5 § 2. The title heading of title 18 of article 27 of the environmental 6 conservation law, as added by chapter 562 of the laws of 2010, is 7 amended to read as follows: 8 EXTENDED PRODUCER RESPONSIBILITY FOR 9 RECHARGEABLE [BATTERY RECYCLING] BATTERIES EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02434-19-4S. 643--E 2 1 § 3. Section 27-1801 of the environmental conservation law, as added 2 by chapter 562 of the laws of 2010, is amended to read as follows: 3 § 27-1801. Short title. 4 This title shall be known as and may be cited as the "[New York State] 5 Extended Producer Responsibility Law for Rechargeable [Battery Law] 6 Batteries". 7 § 4. Subdivision 4 of section 27-1803 of the environmental conserva- 8 tion law, as added by chapter 562 of the laws of 2010, is amended and a 9 new subdivision 7 is added to read as follows: 10 4. "rechargeable battery" means any rechargeable: (i) nickel-cadmium, 11 sealed lead, lithium ion, nickel metal hydride battery[,]; (ii) battery 12 used as the principal electric power source for an electric scooter or 13 bicycle with electric assist; or (iii) any other such dry cell battery 14 capable of being recharged weighing less than [twenty-five] fifty 15 pounds, or battery packs containing such batteries; (iv) but shall not 16 include a battery used as the principal electric power source for a 17 vehicle, such as, but not limited to, an automobile, boat, truck, trac- 18 tor, golf cart or wheelchair; for storage of electricity generated by an 19 alternative power source, such as solar or wind-driven generators; or 20 for memory backup that is an integral component of an electronic device; 21 7. "sell" or "sale" means any transfer for consideration of title or 22 the right to use, from a manufacturer or retailer to a person, includ- 23 ing, but not limited to, transactions conducted through retail sales 24 outlets, catalogs, mail, the telephone, the internet, or any electronic 25 means; "sell" or "sale" shall not include samples, donations, and reuse. 26 § 5. Paragraphs a and d of subdivision 1 of section 27-1807 of the 27 environmental conservation law, as added by chapter 562 of the laws of 28 2010, are amended to read as follows: 29 a. Retailers having a place of business in the state shall accept from 30 consumers at any time during normal business hours rechargeable 31 batteries of a similar shape, size [and shape], and function as the 32 retailer offers for sale. Retailers shall take up to ten such batteries 33 per day from any person regardless of whether such person purchases 34 replacement batteries, and retailers shall also accept as many such 35 batteries as a consumer purchases from the retailer. Retailers shall 36 conspicuously post and maintain, at or near the point of entry to the 37 place of business, a legible sign, not less than eight and one-half 38 inches by eleven inches in size, stating that used rechargeable 39 batteries of the size and shape sold or offered for sale by the retailer 40 may not enter the solid waste stream, and that the retail establishment 41 is a collection site for recycling such batteries. Such sign shall state 42 the following in letters at least one inch in height: "It is illegal to 43 dispose of rechargeable batteries in the state of New York as solid 44 waste. We accept used rechargeable batteries for return to the manufac- 45 turer." 46 d. Retailers may not sell or offer for sale to consumers in the state 47 rechargeable batteries unless the battery manufacturer is operating in 48 accordance with a collection, transportation, and recycling plan 49 approved by the commissioner. The commissioner shall maintain on the 50 department's website a list of manufacturers operating in accordance 51 with approved plans, and the brands covered by such manufacturer's 52 plans. 53 e. Retailers must be in compliance with the provisions of this subdi- 54 vision no later than one hundred eighty days after the effective date of 55 this title or, with respect to a rechargeable battery defined in para- 56 graph (ii) of subdivision four of section 27-1803 of this title, andS. 643--E 3 1 with respect to the requirements of paragraph (d) of this subdivision 2 one year after the effective date of the chapter of the laws of two 3 thousand twenty-four which amended this title, or when the commissioner 4 has approved a new or updated plan in compliance with such chapter, 5 whichever is later. 6 § 6. Paragraphs a and b of subdivision 2 of section 27-1807 of the 7 environmental conservation law, as added by chapter 562 of the laws of 8 2010, are amended to read as follows: 9 a. Within ninety days of the effective date of this title or, with 10 respect to rechargeable batteries defined in paragraph (ii) of subdivi- 11 sion four of section 27-1803 of this title, within one hundred eighty 12 days of the effective date of the chapter of the laws of two thousand 13 twenty-four that amended such paragraph, submittance to the commissioner 14 of a new or updated plan that identifies the methods by which battery 15 manufacturers will safely collect, transport, and recycle rechargeable 16 batteries collected by retailers at the expense of the battery manufac- 17 turer and provide retailers with information on the safe handling and 18 storage of rechargeable batteries. 19 b. Submittance to the department of annual reports, on a form 20 prescribed by the department, concerning the amount of rechargeable 21 batteries received within the state and recycled either by number or by 22 weight, including the weight of rechargeable batteries defined in para- 23 graph (ii) of subdivision four of section 27-1803 of this title received 24 within the state as well as within a city with a population of one 25 million or more; the costs of such efforts; and any other relevant 26 information as required by the department. 27 § 7. Subdivision 2 of section 27-1807 of the environmental conserva- 28 tion law is amended by adding a new paragraph d and a new subdivision 29 2-a is added to read as follows: 30 d. Providing for the safe and prompt collection and disposal of 31 batteries from electric scooters or bicycles with electric assist 32 collected by retailers and by government agencies. 33 2-a. A battery manufacturer may not sell, offer for sale, or distrib- 34 ute rechargeable batteries in the state unless the battery manufacturer 35 is implementing or participating under an approved plan in accordance 36 with this section. 37 § 8. Section 27-1807 of the environmental conservation law is amended 38 by adding a new subdivision 6 to read as follows: 39 6. The department shall, within one hundred eighty days of the effec- 40 tive date of the chapter of the laws of two thousand twenty-four that 41 added this subdivision, promulgate rules and regulations to ensure the 42 safe storage of rechargeable batteries that minimizes the risk of fires. 43 Such rules and regulations shall also, at a minimum, require retailers 44 to: 45 a. coordinate with a battery manufacturer, or any combination of 46 battery manufacturers working together, to regularly remove batteries 47 from the retail location; and 48 b. inform all employees who handle or have responsibility for managing 49 batteries about proper handling and emergency procedures, including fire 50 related hazards, appropriate to the type or types of battery handled by 51 the retailer. 52 § 9. Section 27-1809 of the environmental conservation law is amended 53 by adding a new subdivision 5 to read as follows: 54 5. In a city with a population of one million or more, such city 55 shall, in addition to any authority otherwise conferred in this chapter, 56 have concurrent authority to enforce, by an agency or agenciesS. 643--E 4 1 designated for such purpose by the mayor of such city, the provisions of 2 section 27-1805 and subdivision one of section 27-1807 of this title. 3 Any notice of violation issued by an agency designated by the mayor of 4 such city charging a violation of section 27-1805 and subdivision one of 5 section 27-1807 of this title shall be returnable to the environmental 6 control board of such city. Such environmental control board shall have 7 the power to impose the civil penalties set forth in subdivisions one, 8 two and three of this section. All civil penalties collected for any 9 violation of this title that have been imposed by the environmental 10 control board of such city shall be paid into the general fund of such 11 city. 12 § 10. Section 27-1811 of the environmental conservation law, as added 13 by chapter 562 of the laws of 2010, is amended to read as follows: 14 § 27-1811. State preemption. 15 Jurisdiction in all matters pertaining to rechargeable battery recycl- 16 ing is, by this title, vested exclusively in the state. Any provision of 17 any local law or ordinance, or any rule or regulation promulgated there- 18 to, governing rechargeable battery recycling shall, upon the effective 19 date of section 27-1805 of this title, be preempted; provided, however, 20 that nothing in this section shall preclude a person from coordinating, 21 for recycling or reuse, the collection of rechargeable batteries and 22 provided, further, however, that nothing in this section shall preclude 23 the enforcement of this title pursuant to subdivision five of section 24 27-1809 of this title. 25 § 11. This act shall take effect immediately.
