STATE OF NEW YORK
________________________________________________________________________
6105--A
2023-2024 Regular Sessions
IN SENATE
March 29, 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
AN ACT to amend the environmental conservation law, in relation to
establishing a collection program for refrigerants and refrigerant-
containing appliances
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 34 to read as follows:
3 TITLE 34
4 COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
5 APPLIANCES
6 Section 27-3401. Definitions.
7 27-3403. Producer plan.
8 27-3405. Producer responsibilities.
9 27-3407. Retailer requirements.
10 27-3409. Department responsibilities.
11 27-3411. Refrigerant and refrigerant-containing appliances
12 stewardship advisory board.
13 27-3413. Labeling requirements.
14 27-3415. Penalties.
15 27-3417. No preemption of local law.
16 27-3419. Rules and regulations.
17 § 27-3401. Definitions.
18 As used in this title:
19 1. "Brand" means a name, symbol, word, or mark that attributes the
20 product to the owner or licensee of the brand as the producer.
21 2. "Collection program" means a system for the collection, transporta-
22 tion, recycling, and disposal of out-of-service refrigerants and refri-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10469-04-3
S. 6105--A 2
1 gerant-containing appliances that is financed and managed or provided by
2 a refrigerant or refrigerant-containing appliance manufacturer individ-
3 ually or collectively with other such manufacturers in accordance with
4 this title.
5 3. "Collection site" means a permanent location in the state at which
6 discarded refrigerants and refrigerant-containing appliances may be
7 returned by a consumer. Collection sites shall accept all types of
8 refrigerants and refrigerant-containing appliances as defined by this
9 title regardless of brand.
10 4. "Consumer" means a person located in the state who purchases, owns,
11 leases, or uses refrigerants or refrigerant-containing appliances,
12 including but not limited to an individual, a business, corporation,
13 limited partnership, not-for-profit corporation, the state, a public
14 corporation, public school, school district, private or parochial
15 school, or board of cooperative educational services or governmental
16 entity.
17 5. "Producer" means any person who manufactures refrigerants or refri-
18 gerant-containing appliances that are sold, offered for sale, or
19 distributed in the state under the manufacturer's own name or brand.
20 "Producer" includes:
21 (a) the owner of a trademark or brand under which refrigerants or
22 refrigerant-containing appliances are sold, offered for sale, or
23 distributed in this state, whether or not such trademark or brand is
24 registered in the state; and
25 (b) any person who imports refrigerants or refrigerant-containing
26 appliances into the United States that are sold or offered for sale in
27 the state and that are manufactured by a person who does not have a
28 presence in the United States.
29 6. "Refrigerant" means any substances consisting in whole or in part
30 of a class I or class II ozone-depleting substance, which are used for
31 heat transfer purposes and provide a cooling effect, including, but not
32 limited to, chlorofluorocarbons, hydro-chlorofluorocarbons, or any other
33 substitute substance as may be defined by the United States environ-
34 mental protection agency.
35 (a) A "class I or class II ozone-depleting substance" shall be those
36 substances as defined by 42 USC § 7671a.
37 (b) A "substitute substance" shall be any environmental protection
38 agency approved replacement for a class I or II ozone-depleting
39 substance in refrigeration or air-conditioning end-use.
40 7. "Refrigerant-containing appliance" means any device that contains a
41 refrigerant and can be used for household purposes including, but not
42 limited to, room air conditioners, heat pumps, refrigerators, water
43 coolers, or freezers.
44 8. "Representative organization" means a not-for-profit organization
45 established by a producer or group of producers to implement a
46 collection program.
47 9. "Retailer" means any person who sells or offers for sale refriger-
48 ants or refrigerant-containing appliances to a consumer in the state.
49 10. "Sell" or "sale" means any transfer for consideration of title or
50 the right to use, from a manufacturer or retailer to a person, includ-
51 ing, but not limited to, transactions conducted through retail sales
52 outlets, catalogs, mail, the telephone, the internet, or any electronic
53 means; this does not include donations or reuse.
54 § 27-3403. Producer plan.
55 1. No later than December thirty-first, two thousand twenty-five, a
56 producer, either individually or cooperatively in a group with one or
S. 6105--A 3
1 more producers or with a representative organization, shall submit to
2 the department for the department's approval a plan for the establish-
3 ment of a collection program for refrigerants and refrigerant-containing
4 appliances that meets the collection requirements described in this
5 section.
6 2. A producer may satisfy the collection program requirement of this
7 section by agreeing to participate collectively with a group of other
8 producers or with a representative organization. Any such producer
9 participating collectively in a collection program shall notify the
10 department of such participation.
11 3. A producer, group of producers, or representative organization
12 shall update the plan, as needed, when there are changes proposed to its
13 collection program. A new plan or amendment will be required to be
14 submitted to the department for approval when:
15 (a) there is a revision of the collection program's goals; or
16 (b) every three years from the date of approval of a previous plan.
17 4. The plan submitted by the producer or representative organization
18 to the department under this section shall, at a minimum:
19 (a) provide a list of each participating provider and brand covered by
20 the program;
21 (b) provide information on the products covered by the program;
22 (c) describe how the producer, group of producers, or representative
23 organization will safely collect, transport, recycle, and process refri-
24 gerants and refrigerant-containing appliances;
25 (d) describe how the program will provide for the collection of refri-
26 gerant-containing appliances, free of cost and in a manner convenient to
27 consumers, including how the program will achieve, at a minimum, a
28 convenience standard that ensures that all counties of the state and all
29 municipalities that have a population of ten thousand or greater have at
30 least one permanent collection site and one additional permanent
31 collection site for every thirty thousand people located in those areas,
32 that accepts refrigerant-containing appliances from consumers during
33 normal business hours. The producer, group of producers, or represen-
34 tative organization may coordinate the program with existing municipal
35 waste collection infrastructure as is mutually agreeable. Convenience
36 standards shall be evaluated by the department periodically and the
37 department may require additional collection locations to ensure
38 adequate consumer convenience;
39 (e) describe in detail education and outreach efforts to inform
40 consumers, refrigerant-containing appliance installers, and others
41 engaged in the management of discarded refrigerant-containing appliances
42 about the program including, at a minimum, an internet website and a
43 toll-free telephone number and written information included at the time
44 of sale of refrigerant-containing appliances that provides sufficient
45 information to allow a consumer to learn how to return such refriger-
46 ant-containing appliances for disposal, recycling or reuse;
47 (f) describe the methods to be used to reuse or recycle discarded
48 refrigerants and refrigerant-containing appliances;
49 (g) describe the methods to be used to manage or dispose of discarded
50 refrigerants and refrigerant-containing appliances that cannot be recy-
51 cled or reused;
52 (h) describe what, if any, incentives will be used to encourage
53 retailer participation;
54 (i) describe the outreach and education methods that will be used to
55 encourage municipal landfill and transfer station participation;
S. 6105--A 4
1 (j) estimate the amounts of refrigerants and refrigerant-containing
2 appliances that were previously sold, offered for sale, or distributed
3 in the state under each producer's name or brand that are discarded in
4 the state annually and describe the sources of data and methodology for
5 estimating such amount; and
6 (k) describe how the program will meet annual performance goals, as
7 determined by the department, provided that at a minimum, the program
8 shall achieve the following recycling rates:
9 (i) a thirty percent recycling rate for refrigerants and refrigerant-
10 containing appliances by five years after the plan is approved under
11 subdivision four of section 27-3409 of this title;
12 (ii) a fifty percent recycling rate for refrigerants and refrigerant-
13 containing appliances by ten years after the plan is approved under
14 subdivision four of section 27-3409 of this title; and
15 (iii) a seventy-five percent recycling rate for refrigerants and
16 refrigerant-containing appliances by fifteen years after the plan is
17 approved under subdivision four of section 27-3409 of this title.
18 § 27-3405. Producer responsibilities.
19 1. Beginning no later than July first, two thousand twenty-six, or six
20 months after the plan is approved under subdivision four of section
21 27-3409 of this title, whichever occurs later, the producer or represen-
22 tative organization shall implement a collection program utilizing
23 collection sites established pursuant to paragraph (d) of subdivision
24 four of section 27-3403 of this title.
25 2. A producer shall not sell, or offer for sale, refrigerants or
26 refrigerant-containing appliances to any person in the state unless the
27 producer is implementing or participating under an approved plan.
28 3. The collection program shall be free to consumers returning refri-
29 gerant-containing appliances for disposal, recycling or reuse, conven-
30 ient, and adequate to serve the needs of such consumers in all areas of
31 the state on an ongoing basis.
32 4. A producer, group of producers, or representative organization
33 shall maintain records demonstrating compliance with the provisions of
34 this title and make them available for audit and inspection by the
35 department for a period of three years. The department shall make such
36 records available to the public upon request in accordance with the
37 provisions of the state freedom of information law and the regulations
38 promulgated thereunder. Record holders shall submit the records required
39 to comply with such request within sixty working days of written notifi-
40 cation by the department of receipt of the request.
41 5. Producers, groups of producers, and representative organizations
42 shall be responsible for the costs associated with the implementation of
43 the collection program, including but not limited to the cost of
44 collection. Each producer, group of producers, or representative organ-
45 ization shall pay fees established by the department to cover costs
46 incurred by the state in the administration and enforcement of this
47 title. Exclusive of fines and penalties, the state shall only recover
48 its actual cost of administration and enforcement.
49 6. Any person who becomes a producer on or after December thirty-
50 first, two thousand twenty-five shall submit a plan to the department,
51 or notify the department that it has joined an existing plan, prior to
52 selling or offering for sale in the state any refrigerants or refriger-
53 ant-containing appliances, and shall comply with the requirements of
54 this title.
55 7. On or before July first, two thousand twenty-seven, and annually
56 thereafter, each producer, group of producers, or representative organ-
S. 6105--A 5
1 ization shall submit a report to the department that includes, for the
2 previous program year, a description of the program, an assessment of
3 compliance with the program's performance goals, and a description of
4 any modifications necessary to achieve such goals. Such report shall
5 include the following:
6 (a) a detailed description of the methods used to collect, transport,
7 and process refrigerants and refrigerant-containing appliances in the
8 state, including collection methods made available to consumers and an
9 evaluation of the program's collection convenience;
10 (b) identification of all collection sites in the state;
11 (c) the total volume of refrigerants and refrigerant-containing appli-
12 ances collected in the state by method of disposition, including reuse,
13 recycling and other methods of processing or disposal;
14 (d) the total cost of implementing the program;
15 (e) samples of all educational materials provided to consumers, a
16 detailed description of efforts undertaken to disseminate such materi-
17 als, and an evaluation of such efforts, including recommendations, if
18 any, for how the educational component of the program can be improved;
19 (f) any modifications necessary to achieve increased participation in
20 the program; and
21 (g) any other information required by the department.
22 § 27-3407. Retailer requirements.
23 1. Beginning July first, two thousand twenty-six, no retailer may sell
24 or offer for sale refrigerants or refrigerant-containing appliances in
25 the state unless the producer of such refrigerants or refrigerant-con-
26 taining appliances is participating in a collection program. A retailer
27 shall be in compliance with this section if, on the date the refriger-
28 ants or refrigerant-containing appliances are offered for sale, the
29 producer is listed on the department's website as implementing or
30 participating in an approved collection program or if the refrigerant-
31 containing appliance brand is listed on the department's website as
32 being included in the program.
33 2. Any retailer may participate, on a voluntary basis, as a designated
34 collection site pursuant to a collection program and in accordance with
35 all applicable laws and regulations.
36 § 27-3409. Department responsibilities.
37 1. The department shall (a) maintain a list of producers who are
38 implementing or participating pursuant to section 27-3403 of this title,
39 (b) maintain a list of each such producer's brands, and (c) post such
40 lists on the department's website.
41 2. Beginning July first, two thousand twenty-six, the department shall
42 post on its website the location of all collection sites identified to
43 the department by the producer in its plans and annual reports.
44 3. The department shall post on its website each producer plan
45 approved by the department.
46 4. Within ninety days after receipt of a proposed plan or plan amend-
47 ment, the department shall approve or reject the plan or the plan amend-
48 ment. If the plan or plan amendment is approved, the department shall
49 notify the producer or representative organization in writing. If the
50 department rejects the plan or plan amendment, the department shall
51 notify the producer or representative organization in writing stating
52 the reason for rejecting the plan or plan amendment. A producer or
53 representative organization whose plan is rejected shall submit a
54 revised plan to the department within thirty days of receiving a notice
55 of rejection. If the department rejects the subsequent proposal, the
S. 6105--A 6
1 producer or producers at issue shall be out of compliance and subject to
2 enforcement provisions.
3 5. The department shall submit a report regarding the implementation
4 of this title in this state to the governor and legislature by April
5 first, two thousand twenty-seven and every two years thereafter. The
6 report shall include, at a minimum, an evaluation of:
7 (a) the stream of refrigerants and refrigerant-containing appliances
8 in the state;
9 (b) disposal, recycling and reuse rates in the state for refrigerants
10 and refrigerant-containing appliances;
11 (c) a discussion of compliance and enforcement related to the require-
12 ments of this title; and
13 (d) recommendations for any changes to this title.
14 § 27-3411. Refrigerant and refrigerant-containing appliances stewardship
15 advisory board.
16 1. There is hereby established within the department the refrigerant
17 and refrigerant-containing appliances stewardship advisory board to make
18 recommendations to the commissioner regarding producer plans required by
19 this title.
20 2. The board shall be composed of thirteen voting members. Such
21 members shall include:
22 (a) one representative of refrigerant producers;
23 (b) two representatives of refrigerant retailers;
24 (c) one representative of refrigerant recyclers;
25 (d) two representatives of refrigerant collectors;
26 (e) one representative of a company that utilizes discarded refriger-
27 ant or refrigerant-containing appliances to manufacture a new product;
28 (f) one representative of a refrigerant-containing appliance instal-
29 ler;
30 (g) one representative from a statewide environmental organization;
31 (h) one representative from a statewide waste disposal association;
32 (i) one representative from the New York product stewardship council;
33 (j) one representative from a consumer organization; and
34 (k) one representative from a statewide recycling organization.
35 3. The members shall be appointed as follows:
36 (a) two members to be appointed by the temporary president of the
37 senate;
38 (b) two members to be appointed by the speaker of the assembly;
39 (c) one member to be appointed by the minority leader of the senate;
40 (d) one member to be appointed by the minority leader of the assembly;
41 and
42 (e) seven members to be appointed by the executive.
43 4. Such appointments shall be made no later than the first day of
44 January following the date on which this title takes effect. The members
45 shall designate a chair from among the members by majority vote. Board
46 members shall receive no compensation but shall be entitled to their
47 necessary and actual expenses incurred in the performance of their board
48 duties.
49 5. The board shall meet at least biannually by call of the chair.
50 § 27-3413. Labeling requirements.
51 One year after the plan is approved by the department pursuant to
52 section 27-3409 of this title, refrigerants and refrigerant-containing
53 appliances sold or offered for sale in the state shall be accompanied by
54 the name of the producer and the producer's contact information.
55 § 27-3415. Penalties.
S. 6105--A 7
1 Any producer who violates any provision of or fails to perform any
2 duty imposed pursuant to this title shall be liable for a civil penalty
3 not to exceed five hundred dollars for each violation and an additional
4 penalty of not more than five hundred dollars for each day during which
5 such violation continues. Civil penalties shall be assessed by the
6 department after a hearing or opportunity to be heard pursuant to the
7 provisions of section 71-1709 of this chapter.
8 § 27-3417. No preemption of local law.
9 Nothing in this section shall be deemed to preempt any provision of
10 local law, including, but not limited to chapter four-e of title sixteen
11 of the administrative code of the city of New York, provided that the
12 provisions of such local law are at least as stringent as the provisions
13 of this section.
14 § 27-3419. Rules and regulations.
15 The department is authorized to promulgate any rules and regulations
16 necessary to implement this title.
17 § 2. This act shall take effect immediately.