Bill Text: NY A07339 | 2023-2024 | General Assembly | Introduced

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

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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: Strong Partisan Bill (Democrat 78-7)

Status: (Introduced) 2024-05-28 - print number 7339c [A07339 Detail]

Download: New_York-2023-A07339-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7339

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2023
                                       ___________

        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Environmental Conservation

        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:
    20    4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
    21  sealed lead, lithium ion, nickel metal hydride  battery,  or  any  other
    22  such  dry  cell  battery  capable  of being recharged weighing less than
    23  twenty-five pounds, or battery packs containing such batteries,  includ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02434-04-3
        A. 7339                             2

     1  ing  rechargeable  batteries  embedded in consumer devices such as toys,
     2  appliances and personal care devices; but shall not  include  a  battery
     3  used  as the principal electric power source for a vehicle, such as, but
     4  not limited to, an automobile, boat, truck, tractor, golf cart or wheel-
     5  chair,  except  such  term shall include a battery used as the principal
     6  electric power source for an electric scooter or bicycle  with  electric
     7  assist;  for  storage  of  electricity generated by an alternative power
     8  source, such as solar or wind-driven generators; or  for  memory  backup
     9  that is an integral component of an electronic device;
    10    §  5.  Paragraphs  a  and d of subdivision 1 of section 27-1807 of the
    11  environmental conservation law, as added by chapter 562 of the  laws  of
    12  2010, are amended to read as follows:
    13    a. Retailers having a place of business in the state shall accept from
    14  consumers   at  any  time  during  normal  business  hours  rechargeable
    15  batteries of a similar size and shape as the retailer offers  for  sale.
    16  Retailers  shall  take  up to ten such batteries per day from any person
    17  regardless of whether such person purchases replacement  batteries,  and
    18  retailers  shall  also  accept  as  many  such  batteries  as a consumer
    19  purchases from the retailer.  Retailers  shall  conspicuously  post  and
    20  maintain,  at  or  near  the  point of entry to the place of business, a
    21  legible sign, not less than eight and one-half inches by  eleven  inches
    22  in  size, stating that used rechargeable batteries of the size and shape
    23  sold or offered for sale by the retailer may not enter the  solid  waste
    24  stream, and that the retail establishment is a collection site for recy-
    25  cling  such batteries. Such sign shall state the following in letters at
    26  least one inch in height: "It is  illegal  to  dispose  of  rechargeable
    27  batteries  in  [the  state  of] New York State as solid waste, including
    28  rechargeable batteries embedded in consumer devices such as toys, appli-
    29  ances and personal care devices. We accept used  rechargeable  batteries
    30  for return to the manufacturer."
    31    d.  Retailers must be in compliance with the provisions of this subdi-
    32  vision no later than one hundred eighty days after the effective date of
    33  this title or, with respect to a product that is added to the definition
    34  of "rechargeable battery" in subdivision four of section 27-1803 of this
    35  title, no later than one hundred eighty days after the effective date of
    36  the chapter of the laws of two thousand twenty-three that  amended  such
    37  subdivision.
    38    §  6.  Paragraphs  a  and b of subdivision 2 of section 27-1807 of the
    39  environmental conservation law, as added by chapter 562 of the  laws  of
    40  2010, are amended to read as follows:
    41    a.  Within  ninety  days  of the effective date of this title or, with
    42  respect to a product that is added to the  definition  of  "rechargeable
    43  battery"  in  subdivision  four of section 27-1803 of this title, within
    44  ninety days of the effective date of the chapter  of  the  laws  of  two
    45  thousand  twenty-three that amended such subdivision, submittance to the
    46  commissioner of a plan that identifies  the  methods  by  which  battery
    47  manufacturers  will  safely collect, transport, and recycle rechargeable
    48  batteries collected by retailers at the expense of the battery  manufac-
    49  turer  and  provide  retailers with information on the safe handling and
    50  storage of rechargeable batteries.
    51    b. Submittance  to  the  department  of  annual  reports,  on  a  form
    52  prescribed  by  the  department,  concerning  the amount of rechargeable
    53  batteries received within the state and recycled either by number or  by
    54  weight; the costs of such efforts; and any other relevant information as
    55  required  by  the department.   Such reports shall include the weight of
        A. 7339                             3

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