STATE OF NEW YORK
        ________________________________________________________________________
                                           944
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          reporting  of electronic waste collection and recycling data, the sale
          of electronic waste and the carry-forward of sales of electronic waste
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (e) of subdivision 3 of section 27-2603 of the
     2  environmental conservation law is relettered paragraph  (f)  and  a  new
     3  paragraph (e) is added to read as follows:
     4    (e)  For  calendar  years  two thousand twenty-one and thereafter, the
     5  statewide recycling or reuse goal for all electronic waste shall be  the
     6  product of the base weight multiplied by the goal attainment percentage.
     7  For the purposes of this paragraph, "base weight" means the greater of:
     8    (i) the average weight of all electronic waste collected for recycling
     9  or  reuse during the three calendar years preceding the calendar year in
    10  which the most recent report was submitted to the department pursuant to
    11  paragraph (b) of subdivision one of section 27-2617 of this title; or
    12    (ii) the three year  average  of  the  sum  of  all  electronic  waste
    13  collected for recycling or reuse during the three calendar years preced-
    14  ing  the  calendar year in which the most recent report was submitted to
    15  the department pursuant to paragraph (b) of subdivision  one,  paragraph
    16  (b) of subdivision two and paragraph (b) of subdivision three of section
    17  27-2613 of this title.
    18    §  2. Section 27-2615 of the environmental conservation law is amended
    19  by adding two new subdivisions 4 and 5 to read as follows:
    20    4. The department shall publish the statewide recycling or reuse  goal
    21  no  later  than  September  fifteenth of the year preceding the year for
    22  which the statewide recycling or reuse goal has been set.
    23    5. The department shall notify each  manufacturer  of  its  respective
    24  manufacturer  acceptance  standard as established in subdivision four of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05702-01-9

        S. 944                              2
     1  section 27-2603 of this title no later than December  fifteenth  of  the
     2  preceding  year for which such manufacturer acceptance standard has been
     3  set.
     4    §  3. Section 27-2605 of the environmental conservation law is amended
     5  by adding a new subdivision 9 to read as follows:
     6    9. No later than June thirtieth of the year for which a manufacturer's
     7  acceptance standard has been set by  the  department  each  manufacturer
     8  shall  certify  to the department that the manufacturer has entered into
     9  contractual agreements for one hundred percent of the  weight  of  elec-
    10  tronic waste associated with such manufacturer's acceptance standard.
    11    §  4.  The  environmental  conservation law is amended by adding a new
    12  section 27-2614 to read as follows:
    13  § 27-2614. Unsold electronic waste; sale carry-forward.
    14    Beginning with calendar year two thousand  twenty-one,  an  electronic
    15  waste  collector,  electronic  waste  consolidator  and/or an electronic
    16  waste recycler may bank unsold electronic waste for subsequent  sale  in
    17  any  of the successive four calendar years in which the electronic waste
    18  was obtained, provided however that no more than twenty-five percent  of
    19  any  such electronic waste shall be sold in any such subsequent calendar
    20  year.
    21    § 5. This act shall take effect immediately.