Bill Text: NY S00073 | 2025-2026 | General Assembly | Introduced
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: Slight Partisan Bill (Democrat 10-6)
Status: (Introduced) 2025-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00073 Detail]
Download: New_York-2025-S00073-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 73 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. KAVANAGH, ADDABBO, HARCKHAM, HELMING, HOYLMAN-SIGAL, JACKSON, KRUEGER, MARTINEZ, MARTINS, PALUMBO, PARKER, RHOADS, ROLISON, SALAZAR, TEDISCO, WEBB -- 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 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 5 § 2. The title heading of title 18 of article 27 of the environmental 6 conservation law, as added by chapter 562 of the laws of 2010, is 7 amended to read as follows: 8 EXTENDED PRODUCER RESPONSIBILITY FOR 9 RECHARGEABLE [BATTERY RECYCLING] BATTERIES 10 § 3. Section 27-1801 of the environmental conservation law, as added 11 by chapter 562 of the laws of 2010, is amended to read as follows: 12 § 27-1801. Short title. 13 This title shall be known as and may be cited as the "[New York State] 14 Extended Producer Responsibility Law for Rechargeable [Battery Law] 15 Batteries". 16 § 4. Subdivision 4 of section 27-1803 of the environmental conserva- 17 tion law, as added by chapter 562 of the laws of 2010, is amended and a 18 new subdivision 7 is added to read as follows: 19 4. "rechargeable battery" means any rechargeable: (i) nickel-cadmium, 20 sealed lead, lithium ion, nickel metal hydride battery[,]; (ii) battery EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00126-01-5S. 73 2 1 used as the principal electric power source for an electric scooter or 2 bicycle with electric assist; or (iii) any other such dry cell battery 3 capable of being recharged weighing less than [twenty-five] fifty 4 pounds, or battery packs containing such batteries; (iv) but shall not 5 include a battery used as the principal electric power source for a 6 vehicle, such as, but not limited to, an automobile, boat, truck, trac- 7 tor, golf cart or wheelchair; for storage of electricity generated by an 8 alternative power source, such as solar or wind-driven generators; or 9 for memory backup that is an integral component of an electronic device; 10 7. "sell" or "sale" means any transfer for consideration of title or 11 the right to use, from a manufacturer or retailer to a person, includ- 12 ing, but not limited to, transactions conducted through retail sales 13 outlets, catalogs, mail, the telephone, the internet, or any electronic 14 means; "sell" or "sale" shall not include samples, donations, and reuse. 15 § 5. Paragraphs a and d of subdivision 1 of section 27-1807 of the 16 environmental conservation law, as added by chapter 562 of the laws of 17 2010, are amended to read as follows: 18 a. Retailers having a place of business in the state shall accept from 19 consumers at any time during normal business hours rechargeable 20 batteries of a similar shape, size [and shape], and function as the 21 retailer offers for sale. Retailers shall take up to ten such batteries 22 per day from any person regardless of whether such person purchases 23 replacement batteries, and retailers shall also accept as many such 24 batteries as a consumer purchases from the retailer. Retailers shall 25 conspicuously post and maintain, at or near the point of entry to the 26 place of business, a legible sign, not less than eight and one-half 27 inches by eleven inches in size, stating that used rechargeable 28 batteries of the size and shape sold or offered for sale by the retailer 29 may not enter the solid waste stream, and that the retail establishment 30 is a collection site for recycling such batteries. Such sign shall state 31 the following in letters at least one inch in height: "It is illegal to 32 dispose of rechargeable batteries in the state of New York as solid 33 waste. We accept used rechargeable batteries for return to the manufac- 34 turer." 35 d. Retailers may not sell or offer for sale to consumers in the state 36 rechargeable batteries unless the battery manufacturer is operating in 37 accordance with a collection, transportation, and recycling plan 38 approved by the commissioner. The commissioner shall maintain on the 39 department's website a list of manufacturers operating in accordance 40 with approved plans, and the brands covered by such manufacturer's 41 plans. 42 e. Retailers must be in compliance with the provisions of this subdi- 43 vision no later than one hundred eighty days after the effective date of 44 this title or, with respect to a rechargeable battery defined in para- 45 graph (ii) of subdivision four of section 27-1803 of this title, and 46 with respect to the requirements of paragraph (d) of this subdivision 47 one year after the effective date of the chapter of the laws of two 48 thousand twenty-five which amended this title, or when the commissioner 49 has approved a new or updated plan in compliance with such chapter, 50 whichever is later. 51 § 6. Paragraphs a and b of subdivision 2 of section 27-1807 of the 52 environmental conservation law, as added by chapter 562 of the laws of 53 2010, are amended to read as follows: 54 a. Within ninety days of the effective date of this title or, with 55 respect to rechargeable batteries defined in paragraph (ii) of subdivi- 56 sion four of section 27-1803 of this title, within one hundred eightyS. 73 3 1 days of the effective date of the chapter of the laws of two thousand 2 twenty-five that amended such paragraph, submittance to the commissioner 3 of a new or updated plan that identifies the methods by which battery 4 manufacturers will safely collect, transport, and recycle rechargeable 5 batteries collected by retailers at the expense of the battery manufac- 6 turer and provide retailers with information on the safe handling and 7 storage of rechargeable batteries. 8 b. Submittance to the department of annual reports, on a form 9 prescribed by the department, concerning the amount of rechargeable 10 batteries received within the state and recycled either by number or by 11 weight, including the weight of rechargeable batteries defined in para- 12 graph (ii) of subdivision four of section 27-1803 of this title received 13 within the state as well as within a city with a population of one 14 million or more; the costs of such efforts; and any other relevant 15 information as required by the department. 16 § 7. Subdivision 2 of section 27-1807 of the environmental conserva- 17 tion law is amended by adding a new paragraph d and a new subdivision 18 2-a is added to read as follows: 19 d. Providing for the safe and prompt collection and disposal of 20 batteries from electric scooters or bicycles with electric assist 21 collected by retailers and by government agencies. 22 2-a. A battery manufacturer may not sell, offer for sale, or distrib- 23 ute rechargeable batteries in the state unless the battery manufacturer 24 is implementing or participating under an approved plan in accordance 25 with this section. 26 § 8. Section 27-1807 of the environmental conservation law is amended 27 by adding a new subdivision 6 to read as follows: 28 6. The department shall, within one hundred eighty days of the effec- 29 tive date of the chapter of the laws of two thousand twenty-five that 30 added this subdivision, promulgate rules and regulations to ensure the 31 safe storage of rechargeable batteries that minimizes the risk of fires. 32 Such rules and regulations shall also, at a minimum, require retailers 33 to: 34 a. coordinate with a battery manufacturer, or any combination of 35 battery manufacturers working together, to regularly remove batteries 36 from the retail location; and 37 b. inform all employees who handle or have responsibility for managing 38 batteries about proper handling and emergency procedures, including fire 39 related hazards, appropriate to the type or types of battery handled by 40 the retailer. 41 § 9. Section 27-1809 of the environmental conservation law is amended 42 by adding a new subdivision 5 to read as follows: 43 5. In a city with a population of one million or more, such city 44 shall, in addition to any authority otherwise conferred in this chapter, 45 have concurrent authority to enforce, by an agency or agencies 46 designated for such purpose by the mayor of such city, the provisions of 47 section 27-1805 and subdivision one of section 27-1807 of this title. 48 Any notice of violation issued by an agency designated by the mayor of 49 such city charging a violation of section 27-1805 and subdivision one of 50 section 27-1807 of this title shall be returnable to the environmental 51 control board of such city. Such environmental control board shall have 52 the power to impose the civil penalties set forth in subdivisions one, 53 two and three of this section. All civil penalties collected for any 54 violation of this title that have been imposed by the environmental 55 control board of such city shall be paid into the general fund of such 56 city.S. 73 4 1 § 10. Section 27-1811 of the environmental conservation law, as added 2 by chapter 562 of the laws of 2010, is amended to read as follows: 3 § 27-1811. State preemption. 4 Jurisdiction in all matters pertaining to rechargeable battery recycl- 5 ing is, by this title, vested exclusively in the state. Any provision of 6 any local law or ordinance, or any rule or regulation promulgated there- 7 to, governing rechargeable battery recycling shall, upon the effective 8 date of section 27-1805 of this title, be preempted; provided, however, 9 that nothing in this section shall preclude a person from coordinating, 10 for recycling or reuse, the collection of rechargeable batteries and 11 provided, further, however, that nothing in this section shall preclude 12 the enforcement of this title pursuant to subdivision five of section 13 27-1809 of this title. 14 § 11. This act shall take effect immediately.
