Bill Text: NY S00643 | 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: Slight Partisan Bill (Democrat 10-6)

Status: (Engrossed - Dead) 2024-06-06 - ordered to third reading rules cal.489 [S00643 Detail]

Download: New_York-2023-S00643-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         643--D
            Cal. No. 815

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by  Sens.  KAVANAGH, HOYLMAN-SIGAL -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation -- committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported favorably from said  committee,  ordered
          to  first  and  second report, ordered to a third reading, amended and
          ordered reprinted, retaining its place in the order of  third  reading
          --  again  amended  and  ordered reprinted, retaining its place in the
          order of third reading

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02434-11-3
        S. 643--D                           2

     1    This title shall be known as and may be cited as the "[New York State]
     2  Extended Producer Responsibility  Law  for  Rechargeable  [Battery  Law]
     3  Batteries".
     4    §  4.  Subdivision 4 of section 27-1803 of the environmental conserva-
     5  tion law, as added by chapter 562 of the laws of 2010, is amended and  a
     6  new subdivision 7 is added to read as follows:
     7    4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
     8  sealed lead, lithium ion, nickel metal hydride  battery,  or  any  other
     9  such  dry  cell  battery  capable  of being recharged weighing less than
    10  twenty-five pounds, or battery  packs  containing  such  batteries;  but
    11  shall  not include a battery used as the principal electric power source
    12  for a vehicle, such as, but not limited to, an automobile, boat,  truck,
    13  tractor,  golf  cart  or  wheelchair,  except  such term shall include a
    14  battery used as the principal electric  power  source  for  an  electric
    15  scooter  or  bicycle  with  electric  assist; for storage of electricity
    16  generated by an alternative power source, such as solar  or  wind-driven
    17  generators;  or  for  memory  backup that is an integral component of an
    18  electronic device;
    19    7. "sell" or "sale" means any transfer for consideration of  title  or
    20  the  right  to use, from a manufacturer or retailer to a person, includ-
    21  ing, but not limited to, transactions  conducted  through  retail  sales
    22  outlets,  catalogs, mail, the telephone, the internet, or any electronic
    23  means; "sell" or "sale" shall not include samples, donations, and reuse.
    24    § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
    25  environmental conservation law, as added by chapter 562 of the  laws  of
    26  2010, are amended to read as follows:
    27    a.  [Retailers]  Except  for retailers that offer for sale an electric
    28  scooter or bicycle with electric assist  or  the  batteries  that  power
    29  them,  retailers  having  a  place of business in the state shall accept
    30  from consumers at any time during  normal  business  hours  rechargeable
    31  batteries  of  a similar size and shape as the retailer offers for sale.
    32  Retailers shall take up to ten such batteries per day  from  any  person
    33  regardless  of  whether such person purchases replacement batteries, and
    34  retailers shall also  accept  as  many  such  batteries  as  a  consumer
    35  purchases from the retailer. Retailers may not sell or offer for sale an
    36  electric  scooter  or bicycle with electric assist or the batteries that
    37  power them unless the battery manufacturer is participating in a battery
    38  collection program approved by the department pursuant  to  this  title.
    39  Retailers  may  serve  as  a  collection point for batteries designed to
    40  power electric scooters or bicycles with electric assist. Retailers that
    41  serve as a collection point for batteries shall conspicuously  post  and
    42  maintain,  at  or  near  the  point of entry to the place of business, a
    43  legible sign, not less than eight and one-half inches by  eleven  inches
    44  in  size, stating that used rechargeable batteries of the size and shape
    45  sold or offered for sale by the retailer may not enter the  solid  waste
    46  stream, and that the retail establishment is a collection site for recy-
    47  cling  such batteries. Such sign shall state the following in letters at
    48  least one inch in height: "It is  illegal  to  dispose  of  rechargeable
    49  batteries  in  [the  state  of] New York State as solid waste. We accept
    50  used rechargeable batteries for return to the manufacturer."
    51    d. Retailers must be in compliance with the provisions of this  subdi-
    52  vision no later than one hundred eighty days after the effective date of
    53  this title or, with respect to a product that is added to the definition
    54  of "rechargeable battery" in subdivision four of section 27-1803 of this
    55  title, no later than one hundred eighty days after the effective date of
        S. 643--D                           3

     1  the  chapter  of the laws of two thousand twenty-three that amended such
     2  subdivision.
     3    §  6.  Paragraphs  a  and b of subdivision 2 of section 27-1807 of the
     4  environmental conservation law, as added by chapter 562 of the  laws  of
     5  2010, are amended to read as follows:
     6    a.  Within  ninety  days  of the effective date of this title or, with
     7  respect to a product that is added to the  definition  of  "rechargeable
     8  battery"  in  subdivision  four of section 27-1803 of this title, within
     9  one hundred eighty days of the effective date of the chapter of the laws
    10  of two thousand twenty-three that amended such subdivision,  submittance
    11  to  the  commissioner  of  a  plan  that identifies the methods by which
    12  battery  manufacturers  will  safely  collect,  transport,  and  recycle
    13  rechargeable  batteries  collected  by  retailers  at the expense of the
    14  battery manufacturer and provide retailers with information on the  safe
    15  handling and storage of rechargeable batteries.
    16    b.  Submittance  to  the  department  of  annual  reports,  on  a form
    17  prescribed by the department,  concerning  the  amount  of  rechargeable
    18  batteries  received within the state and recycled either by number or by
    19  weight; the costs of such efforts; and any other relevant information as
    20  required by the department. With respect to a product that is  added  to
    21  the  definition  of  rechargeable battery in subdivision four of section
    22  27-1803 of  this  title,  such  reports  shall  include  the  weight  of
    23  rechargeable  batteries  received within a city with a population of one
    24  million or more.
    25    § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
    26  tion  law  is  amended by adding a new paragraph d and a new subdivision
    27  2-a is added to read as follows:
    28    d. As applicable, providing for the safe collection  and  disposal  of
    29  damaged  or  defective batteries from electric scooters or bicycles with
    30  electric assist collected by retailers and by government agencies.
    31    2-a.  A battery manufacturer may not sell, offer for sale, or distrib-
    32  ute rechargeable batteries in the state unless the battery  manufacturer
    33  is  implementing  or  participating under an approved plan in accordance
    34  with this section.
    35    § 8. Section 27-1809 of the environmental conservation law is  amended
    36  by adding a new subdivision 5 to read as follows:
    37    5.  Notwithstanding subdivision four of this section, in a city with a
    38  population of one million or more, the provisions of section 27-1805 and
    39  subdivision one of section 27-1807 of this title shall only be  enforced
    40  by  an  agency  or  agencies  designated by the mayor of such city.  Any
    41  notice of violation issued by an agency designated by the mayor of  such
    42  city  charging  a  violation  of  section 27-1805 and subdivision one of
    43  section 27-1807 of this title shall  be  returnable  to  the  office  of
    44  administrative trials and hearings of such city. Such office of adminis-
    45  trative  trials  and  hearings  shall have the power to impose the civil
    46  penalties set forth in subdivisions one, two and three of this  section.
    47  All  civil penalties collected for any violation of this title that have
    48  been imposed by the office of administrative trials and hearings of such
    49  city shall be paid into the general fund of such city.
    50    § 9. Section 27-1811 of the environmental conservation law,  as  added
    51  by chapter 562 of the laws of 2010, is amended to read as follows:
    52  § 27-1811. State preemption.
    53    Jurisdiction in all matters pertaining to rechargeable battery recycl-
    54  ing is, by this title, vested exclusively in the state. Any provision of
    55  any local law or ordinance, or any rule or regulation promulgated there-
    56  to,  governing  rechargeable battery recycling shall, upon the effective
        S. 643--D                           4

     1  date of section 27-1805 of this title, be preempted; provided,  however,
     2  that  nothing in this section shall preclude a person from coordinating,
     3  for recycling or reuse, the collection  of  rechargeable  batteries  and
     4  provided,  further, however, that nothing in this section shall preclude
     5  the enforcement of this title pursuant to subdivision  five  of  section
     6  27-1809 of this title.
     7    §  10. This act shall take effect immediately; provided, however, that
     8  the amendments to paragraph a of subdivision 1 of section 27-1807 of the
     9  environmental conservation law made by section five of  this  act  shall
    10  take effect one hundred eighty days after it shall have become a law.