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

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) 2024-06-06 - substituted by s643e [A07339 Detail]

Download: New_York-2023-A07339-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7339--A

                               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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02434-08-3
        A. 7339--A                          2

     1  twenty-five  pounds,  or  battery  packs  containing such batteries; but
     2  shall not include a battery used as the principal electric power  source
     3  for  a vehicle, such as, but not limited to, an automobile, boat, truck,
     4  tractor,  golf  cart  or  wheelchair,  except  such term shall include a
     5  battery used as the principal electric  power  source  for  an  electric
     6  scooter  or  bicycle  with  electric  assist; for storage of electricity
     7  generated by an alternative power source, such as solar  or  wind-driven
     8  generators;  or  for  memory  backup that is an integral component of an
     9  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.  We  accept
    28  used rechargeable batteries for return to the manufacturer."
    29    d.  Retailers must be in compliance with the provisions of this subdi-
    30  vision no later than one hundred eighty days after the effective date of
    31  this title or, with respect to a product that is added to the definition
    32  of "rechargeable battery" in subdivision four of section 27-1803 of this
    33  title, no later than one hundred eighty days after the effective date of
    34  the chapter of the laws of two thousand twenty-three that  amended  such
    35  subdivision.
    36    §  6.  Paragraphs  a  and b of subdivision 2 of section 27-1807 of the
    37  environmental conservation law, as added by chapter 562 of the  laws  of
    38  2010, are amended to read as follows:
    39    a.  Within  ninety  days  of the effective date of this title or, with
    40  respect to a product that is added to the  definition  of  "rechargeable
    41  battery"  in  subdivision  four of section 27-1803 of this title, within
    42  ninety days of the effective date of the chapter  of  the  laws  of  two
    43  thousand  twenty-three that amended such subdivision, submittance to the
    44  commissioner of a plan that identifies  the  methods  by  which  battery
    45  manufacturers  will  safely collect, transport, and recycle rechargeable
    46  batteries collected by retailers at the expense of the battery  manufac-
    47  turer  and  provide  retailers with information on the safe handling and
    48  storage of rechargeable batteries.
    49    b. Submittance  to  the  department  of  annual  reports,  on  a  form
    50  prescribed  by  the  department,  concerning  the amount of rechargeable
    51  batteries received within the state and recycled either by number or  by
    52  weight; the costs of such efforts; and any other relevant information as
    53  required  by  the department.   Such reports shall include the weight of
    54  rechargeable batteries received within a city with a population  of  one
    55  million or more.
        A. 7339--A                          3

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