Bill Text: NY S00643 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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--C
            Cal. No. 815

                               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  --  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

        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.
                                                                   LBD02434-07-3
        S. 643--C                           2

     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 to
     3  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    § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
    17  environmental  conservation  law, as added by chapter 562 of the laws of
    18  2010, are amended to read as follows:
    19    a. Retailers having a place of business in the state shall accept from
    20  consumers  at  any  time  during  normal  business  hours   rechargeable
    21  batteries  of  a similar size and shape as the retailer offers for sale.
    22  Retailers shall take up to ten such batteries per day  from  any  person
    23  regardless  of  whether such person purchases replacement batteries, and
    24  retailers shall also  accept  as  many  such  batteries  as  a  consumer
    25  purchases  from  the  retailer.  Retailers  shall conspicuously post and
    26  maintain, at or near the point of entry to  the  place  of  business,  a
    27  legible  sign,  not less than eight and one-half inches by eleven inches
    28  in size, stating that used rechargeable batteries of the size and  shape
    29  sold  or  offered for sale by the retailer may not enter the solid waste
    30  stream, and that the retail establishment is a collection site for recy-
    31  cling such batteries. Such sign shall state the following in letters  at
    32  least  one  inch  in  height:  "It is illegal to dispose of rechargeable
    33  batteries in [the state of] New York State as  solid  waste.  We  accept
    34  used rechargeable batteries 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--C                           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. Notwithstanding subdivision four of this section, in a city with  a
    14  population of one million or more, the provisions of section 27-1805 and
    15  subdivision  one of section 27-1807 of this title shall only be enforced
    16  by an agency or agencies designated by the mayor  of  such  city.    Any
    17  notice  of violation issued by an agency designated by the mayor of such
    18  city charging a violation of section  27-1805  and  subdivision  one  of
    19  section  27-1807  of  this  title  shall  be returnable to the office of
    20  administrative trials and hearings of such city. Such office of adminis-
    21  trative trials and hearings shall have the power  to  impose  the  civil
    22  penalties  set forth in subdivisions one, two and three of this section.
    23  All civil penalties collected for any violation of this title that  have
    24  been imposed by the office of administrative trials and hearings of such
    25  city shall be paid into the general fund of such city.
    26    §  9.  Section 27-1811 of the environmental conservation law, as added
    27  by chapter 562 of the laws of 2010, is amended to read as follows:
    28  § 27-1811. State preemption.
    29    Jurisdiction in all matters pertaining to rechargeable battery recycl-
    30  ing is, by this title, vested exclusively in the state. Any provision of
    31  any local law or ordinance, or any rule or regulation promulgated there-
    32  to, governing rechargeable battery recycling shall, upon  the  effective
    33  date  of section 27-1805 of this title, be preempted; provided, however,
    34  that nothing in this section shall preclude a person from  coordinating,
    35  for  recycling  or  reuse,  the collection of rechargeable batteries and
    36  provided, further, however, that nothing in this section shall  preclude
    37  the  enforcement  of  this title pursuant to subdivision five of section
    38  27-1809 of this title.
    39    § 10. This act shall take effect immediately; provided, however,  that
    40  the amendments to paragraph a of subdivision 1 of section 27-1807 of the
    41  environmental  conservation  law  made by section five of this act shall
    42  take effect one hundred eighty days after it shall have become a law.