Bill Text: NY A07273 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires manufacturers of consumer goods to accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer; requires manufacturers of consumer goods to provide a consumer goods waste acceptance program, and be responsible for all costs associated with the implementation of such program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A07273 Detail]
Download: New_York-2017-A07273-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7273 2017-2018 Regular Sessions IN ASSEMBLY April 17, 2017 ___________ Introduced by M. of A. HUNTER -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to requiring manufacturers of consumer goods to accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 31 to read as follows: 3 TITLE 31 4 MANUFACTURERS OF CONSUMER GOODS RECYCLING AND REUSE 5 Section 27-3101. Definitions. 6 27-3102. Manufacturer collection. 7 27-3103. Manufacturer consumer goods waste acceptance program. 8 27-3104. Labeling. 9 27-3105. Department responsibilities. 10 27-3106. Preemption. 11 § 27-3101. Definitions. 12 1. "Consumer goods" shall mean goods purchased, leased, or rented 13 primarily for personal, family or household purposes. 14 2. "Business consumer" shall mean a for-profit entity which has fifty 15 or more full time employees or a not-for-profit corporation with seven- 16 ty-five or more full time employees, but not a not-for-profit corpo- 17 ration designated under section 501(c)(3) of the internal revenue code. 18 3. "Premium services" shall mean equipment and data security services, 19 refurbishment for reuse by the consumer, and other custom services as 20 may be determined by the department. 21 § 27-3102. Manufacturer collection. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09689-01-7A. 7273 2 1 Beginning April first, two thousand nineteen, a manufacturer of 2 consumer goods must accept for collection, handling and recycling or 3 reuse, consumer goods waste for which it is the manufacturer. 4 § 27-3103. Manufacturer consumer goods waste acceptance program. 5 1. A manufacturer shall provide for the collection, handling and recy- 6 cling or reuse of consumer goods waste pursuant to section 27-3102 of 7 this title in a manner convenient to consumers. The following accept- 8 ance methods shall be considered reasonably convenient: (a) mail or ship 9 back return programs; (b) collection or acceptance events conducted by 10 the manufacturer or the manufacturer's agent or designee, including 11 events conducted through local governments or private parties; (c) fixed 12 acceptance locations such as dedicated acceptance sites operated by the 13 manufacturer or its agent or designee; (d) agreements with local govern- 14 ments, retail stores, sales outlets and not-for-profit organizations 15 which have agreed to provide facilities for the collection of consumer 16 goods waste; (e) community collection events; and (f) any combination of 17 these or other acceptance methods which effectively provide for the 18 acceptance of consumer goods waste for recycling or reuse through means 19 that are available and reasonably convenient to consumers in the state. 20 At a minimum, the manufacturer shall ensure that all counties of the 21 state, and all municipalities which have a population of ten thousand or 22 greater, have at least one method of acceptance that is available within 23 such county or municipality. The department may establish additional 24 requirements to ensure convenient collection from consumers. 25 2. A manufacturer shall be responsible for all costs associated with 26 the implementation of the consumer goods waste acceptance program. The 27 manufacturer shall not charge consumers for the collection, handling and 28 recycling and reuse of consumer goods waste, provided that such prohibi- 29 tion shall not apply to a charge on business consumers or to charges for 30 premium services. This prohibition shall not apply to a manufacturer's 31 contract with a consumer for the collection, handling, recycling or 32 reuse of consumer goods waste that was entered into prior to the effec- 33 tive date of this section. 34 § 27-3104. Labeling. 35 Beginning April first, two thousand nineteen, a manufacturer may not 36 offer for sale in the state or deliver to retailers for subsequent sale 37 consumer goods unless it has a visible, permanent label clearly identi- 38 fying the manufacturer of that equipment. 39 § 27-3105. Department responsibilities. 40 The department is authorized to promulgate rules and regulations 41 necessary to implement and administer this title. 42 § 27-3106. Preemption. 43 Jurisdiction in all matters pertaining to consumer goods waste recycl- 44 ing is, by this title, vested exclusively in the state. Any provision 45 of any local law or ordinance, or any rule or regulation promulgated 46 thereto, governing consumer goods and the collection, reuse, or recycl- 47 ing of consumer goods waste shall upon the effective date of this title 48 be preempted. 49 § 2. This act shall take effect immediately.
