STATE OF NEW YORK
        ________________________________________________________________________

                                         643--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- 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  commit-
          tee

        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".
    17    § 4. Subdivision 4 of section 27-1803 of the  environmental  conserva-
    18  tion  law,  as  added  by chapter 562 of the laws of 2010, is amended to
    19  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02434-03-3

        S. 643--B                           2

     1    4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
     2  sealed  lead,  lithium  ion,  nickel metal hydride battery, or any other
     3  such dry cell battery capable of  being  recharged  weighing  less  than
     4  twenty-five  pounds, or battery packs containing such batteries, includ-
     5  ing  rechargeable  batteries  embedded in consumer devices such as toys,
     6  appliances and personal care devices; but shall not  include  a  battery
     7  used  as the principal electric power source for a vehicle, such as, but
     8  not limited to, an automobile, boat, truck, tractor, golf cart or wheel-
     9  chair, except such term shall include a battery used  as  the  principal
    10  electric  power  source for an electric scooter or bicycle with electric
    11  assist; for storage of electricity generated  by  an  alternative  power
    12  source,  such  as  solar or wind-driven generators; or for memory backup
    13  that is an integral component of an electronic device;
    14    § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
    15  environmental  conservation  law, as added by chapter 562 of the laws of
    16  2010, are amended to read as follows:
    17    a. Retailers having a place of business in the state shall accept from
    18  consumers  at  any  time  during  normal  business  hours   rechargeable
    19  batteries  of  a similar size and shape as the retailer offers for sale.
    20  Retailers shall take up to ten such batteries per day  from  any  person
    21  regardless  of  whether such person purchases replacement batteries, and
    22  retailers shall also  accept  as  many  such  batteries  as  a  consumer
    23  purchases  from  the  retailer.  Retailers  shall conspicuously post and
    24  maintain, at or near the point of entry to  the  place  of  business,  a
    25  legible  sign,  not less than eight and one-half inches by eleven inches
    26  in size, stating that used rechargeable batteries of the size and  shape
    27  sold  or  offered for sale by the retailer may not enter the solid waste
    28  stream, and that the retail establishment is a collection site for recy-
    29  cling such batteries. Such sign shall state the following in letters  at
    30  least  one  inch  in  height:  "It is illegal to dispose of rechargeable
    31  batteries in [the state of] New York State  as  solid  waste,  including
    32  rechargeable batteries embedded in consumer devices such as toys, appli-
    33  ances  and  personal care devices. We accept used rechargeable batteries
    34  for return to the manufacturer."
    35    d. Retailers must be in compliance with the provisions of this  subdi-
    36  vision no later than one hundred eighty days after the effective date of
    37  this title or, with respect to a product that is added to the definition
    38  of "rechargeable battery" in subdivision four of section 27-1803 of this
    39  title, no later than one hundred eighty days after the effective date of
    40  the  chapter  of the laws of two thousand twenty-three that amended such
    41  subdivision.
    42    § 6. Paragraphs a and b of subdivision 2 of  section  27-1807  of  the
    43  environmental  conservation  law, as added by chapter 562 of the laws of
    44  2010, are amended to read as follows:
    45    a. Within ninety days of the effective date of  this  title  or,  with
    46  respect  to  a  product that is added to the definition of "rechargeable
    47  battery" in subdivision four of section 27-1803 of  this  title,  within
    48  ninety  days  of  the  effective  date of the chapter of the laws of two
    49  thousand twenty-three that amended such subdivision, submittance to  the
    50  commissioner  of  a  plan  that  identifies the methods by which battery
    51  manufacturers will safely collect, transport, and  recycle  rechargeable
    52  batteries  collected by retailers at the expense of the battery manufac-
    53  turer and provide retailers with information on the  safe  handling  and
    54  storage of rechargeable batteries.
    55    b.  Submittance  to  the  department  of  annual  reports,  on  a form
    56  prescribed by the department,  concerning  the  amount  of  rechargeable

        S. 643--B                           3

     1  batteries  received within the state and recycled either by number or by
     2  weight; the costs of such efforts; and any other relevant information as
     3  required by the department.  Such reports shall include  the  weight  of
     4  rechargeable  batteries  received within a city with a population of one
     5  million or more.
     6    § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
     7  tion law is amended by adding a new paragraph d to read as follows:
     8    d.  Providing  for the safe collection and disposal of damaged, defec-
     9  tive, or recalled batteries collected by  retailers  and  by  government
    10  agencies.
    11    §  8. Section 27-1809 of the environmental conservation law is amended
    12  by adding a new subdivision 5 to read as follows:
    13    5. In addition to any enforcement of this title  by  the  commissioner
    14  pursuant  to  subdivision  four  of this section, in a city with a popu-
    15  lation of one million or more, the provisions  of  section  27-1805  and
    16  subdivision  one  of section 27-1807 of this title may be enforced by an
    17  agency or agencies designated by the mayor of such city.  Any notice  of
    18  violation  issued  by  an  agency  designated  by the mayor of such city
    19  charging a violation of section 27-1805 and subdivision one  of  section
    20  27-1807  of  this title shall be returnable to the office of administra-
    21  tive trials and hearings of such city.  Such  office  of  administrative
    22  trials  and  hearings shall have the power to impose the civil penalties
    23  set forth in subdivisions one, two and three of this section. All  civil
    24  penalties  collected  for  any  violation  of  this title that have been
    25  imposed by the office of administrative trials and hearings of such city
    26  shall be paid into the general fund of such city.
    27    § 9. Section 27-1811 of the environmental conservation law,  as  added
    28  by chapter 562 of the laws of 2010, is amended to read as follows:
    29  § 27-1811. State preemption.
    30    Jurisdiction in all matters pertaining to rechargeable battery recycl-
    31  ing is, by this title, vested exclusively in the state. Any provision of
    32  any local law or ordinance, or any rule or regulation promulgated there-
    33  to,  governing  rechargeable battery recycling shall, upon the effective
    34  date of section 27-1805 of this title, be preempted; provided,  however,
    35  that  nothing in this section shall preclude a person from coordinating,
    36  for recycling or reuse, the collection  of  rechargeable  batteries  and
    37  provided,  further, however, that nothing in this section shall preclude
    38  the enforcement of this title pursuant to subdivision  five  of  section
    39  27-1809 of this title.
    40    §  10. This act shall take effect immediately; provided, however, that
    41  the amendments to paragraph a of subdivision 1 of section 27-1807 of the
    42  environmental conservation law made by section five of  this  act  shall
    43  take effect one hundred eighty days after it shall have become a law.