S03593 Text: S T A T E O F N E W Y O R K
________________________________________________________________________
3593--C
Cal. No. 297
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
___________
Introduced by Sens. KRUEGER, FOLEY, HASSELL-THOMPSON, HUNTLEY, KLEIN,
MONTGOMERY, OPPENHEIMER, PARKER, STAVISKY, THOMPSON -- 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 --
reported favorably from said committee and committed to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Environmental Conservation in accordance with Senate Rule
6, sec. 8 -- reported favorably from said committee and committed to
the Committee on Codes -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to recy-
cling rechargeable batteries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Declaration of legislative intent and findings. The legis-
2 lature finds and declares that the presence of toxic metals in discarded
3 rechargeable batteries is a matter of great concern in light of their
4 adverse effect on groundwater quality when disposed of in landfills and
5 their presence in emissions or residual ash when incinerated at a
6 resource recovery facility; that cadmium and lead found in rechargeable
7 batteries, on the basis of available scientific and medical evidence,
8 are of particular concern; that it is desirable to reduce the toxic
9 state of waste materials in the solid waste streams directed to resource
10 recovery and sanitary landfill facilities; that the removal of used
11 rechargeable batteries containing high levels of cadmium and lead from
12 the solid waste stream can have a significant beneficial impact on the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09754-15-0
S. 3593--C 2
1 quality of the emissions and residual ash resulting from the incinera-
2 tion of solid waste at resource recovery facilities, and on groundwater
3 quality in those regions where solid waste is disposed at sanitary land-
4 fill facilities; and that the most effective and appropriate method to
5 promote the reduction of toxic metals from rechargeable battery disposal
6 is to require the battery industry to accept the financial responsibil-
7 ity for the environmentally sound collection, transportation and recycl-
8 ing or proper disposal of discarded rechargeable batteries.
9 The legislature therefore determines that it is in the public interest
10 of the state of New York to maximize the removal of used rechargeable
11 batteries from the solid waste stream by banning the disposal of used
12 rechargeable batteries from the solid waste stream and requiring
13 manufacturers of rechargeable batteries to take back and recycle the
14 used rechargeable batteries that are sold or disposed of in the state of
15 New York.
16 S 2. Article 27 of the environmental conservation law is amended by
17 adding a new title 18 to read as follows:
18 TITLE 18
19 RECHARGEABLE BATTERY RECYCLING
20 SECTION 27-1801. SHORT TITLE.
21 27-1803. DEFINITIONS.
22 27-1805. RECHARGEABLE BATTERY DISPOSAL BAN.
23 27-1807. RECHARGEABLE BATTERY RECYCLING PROGRAM.
24 27-1809. ENFORCEMENT OF THIS TITLE.
25 27-1811. STATE PREEMPTION.
26 S 27-1801. SHORT TITLE.
27 THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
28 RECHARGEABLE BATTERY LAW".
29 S 27-1803. DEFINITIONS.
30 WHEN USED IN THIS TITLE:
31 1. "BATTERY MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION
32 THAT: (I) PRODUCES RECHARGEABLE BATTERIES SOLD OR DISTRIBUTED IN THE
33 STATE, OR PACKAGES SUCH BATTERIES FOR SALE IN THE STATE, EXCEPT THAT IF
34 SUCH PRODUCTION OR PACKAGING IS FOR A DISTRIBUTOR HAVING THE RIGHT TO
35 PRODUCE OR OTHERWISE PACKAGE THAT SAME BRAND OF BATTERY IN THE STATE,
36 THEN SUCH DISTRIBUTOR SHALL BE DEEMED TO BE THE BATTERY MANUFACTURER; OR
37 (II) IMPORTS RECHARGEABLE BATTERIES INTO THE UNITED STATES THAT ARE SOLD
38 OR DISTRIBUTED IN THE STATE;
39 2. "CONSUMER" MEANS ANY PERSON WHO PURCHASES ONE OR MORE RECHARGEABLE
40 BATTERIES, OR PRODUCTS CONTAINING SUCH BATTERIES AT THE TIME OF SALE,
41 FOR PERSONAL USE;
42 3. "PLACE OF BUSINESS" MEANS THE LOCATION AT WHICH A RETAILER SELLS OR
43 OFFERS FOR SALE TO CONSUMERS, RECHARGEABLE BATTERIES, OR PRODUCTS
44 CONTAINING SUCH BATTERIES AT THE TIME OF SALE;
45 4. "RECHARGEABLE BATTERY" MEANS ANY RECHARGEABLE NICKEL-CADMIUM,
46 SEALED LEAD, LITHIUM ION, NICKEL METAL HYDRIDE BATTERY, OR ANY OTHER
47 SUCH DRY CELL BATTERY CAPABLE OF BEING RECHARGED WEIGHING LESS THAN
48 TWENTY-FIVE POUNDS, OR BATTERY PACKS CONTAINING SUCH BATTERIES; BUT
49 SHALL NOT INCLUDE A BATTERY USED AS THE PRINCIPAL ELECTRIC POWER SOURCE
50 FOR A VEHICLE, SUCH AS, BUT NOT LIMITED TO, AN AUTOMOBILE, BOAT, TRUCK,
51 TRACTOR, GOLF CART OR WHEELCHAIR; FOR STORAGE OF ELECTRICITY GENERATED
52 BY AN ALTERNATIVE POWER SOURCE, SUCH AS SOLAR OR WIND-DRIVEN GENERATORS;
53 OR FOR MEMORY BACKUP THAT IS AN INTEGRAL COMPONENT OF AN ELECTRONIC
54 DEVICE;
55 5. "RETAILER" MEANS A PERSON, FIRM OR CORPORATION THAT ENGAGES IN THE
56 SALE OF RECHARGEABLE BATTERIES, OR PRODUCTS CONTAINING SUCH BATTERIES,
S. 3593--C 3
1 TO A CONSUMER IN THE STATE, INCLUDING, BUT NOT LIMITED TO, TRANSACTIONS
2 CONDUCTED THROUGH SALES OUTLETS, CATALOGS, BY MAIL, TELEPHONE OR THE
3 INTERNET. FOR THE PURPOSES OF THIS SECTION RETAILER SHALL NOT INCLUDE A
4 FOOD STORE; AND
5 6. "FOOD STORE" MEANS A STORE SELLING PRIMARILY FOOD AND FOOD PRODUCTS
6 FOR CONSUMPTION OR USE OFF THE PREMISES THAT OCCUPIES LESS THAN FOURTEEN
7 THOUSAND SQUARE FEET OF DISPLAY SPACE.
8 S 27-1805. RECHARGEABLE BATTERY DISPOSAL BAN.
9 NO PERSON SHALL KNOWINGLY DISPOSE OF RECHARGEABLE BATTERIES AS SOLID
10 WASTE AT ANY TIME IN THE STATE.
11 S 27-1807. RECHARGEABLE BATTERY RECYCLING PROGRAM.
12 1. RECHARGEABLE BATTERIES SHALL BE RETURNED TO A RETAILER THAT SELLS
13 SUCH BATTERIES THAT ARE SIMILAR IN SHAPE, SIZE AND FUNCTION TO THOSE TO
14 BE DISPOSED OF. RECHARGEABLE BATTERIES CONTAINED IN ELECTRONIC PRODUCTS
15 MUST BE REMOVED PRIOR TO DISPOSAL OF SUCH PRODUCT.
16 A. RETAILERS HAVING A PLACE OF BUSINESS IN THE STATE SHALL ACCEPT FROM
17 CONSUMERS AT ANY TIME DURING NORMAL BUSINESS HOURS RECHARGEABLE
18 BATTERIES OF A SIMILAR SIZE AND SHAPE AS THE RETAILER OFFERS FOR SALE.
19 RETAILERS SHALL TAKE UP TO TEN SUCH BATTERIES PER DAY FROM ANY PERSON
20 REGARDLESS OF WHETHER SUCH PERSON PURCHASES REPLACEMENT BATTERIES, AND
21 RETAILERS SHALL ALSO ACCEPT AS MANY SUCH BATTERIES AS A CONSUMER
22 PURCHASES FROM THE RETAILER. RETAILERS SHALL CONSPICUOUSLY POST AND
23 MAINTAIN, AT OR NEAR THE POINT OF ENTRY TO THE PLACE OF BUSINESS, A
24 LEGIBLE SIGN, NOT LESS THAN EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
25 IN SIZE, STATING THAT USED RECHARGEABLE BATTERIES OF THE SIZE AND SHAPE
26 SOLD OR OFFERED FOR SALE BY THE RETAILER MAY NOT ENTER THE SOLID WASTE
27 STREAM, AND THAT THE RETAIL ESTABLISHMENT IS A COLLECTION SITE FOR RECY-
28 CLING SUCH BATTERIES. SUCH SIGN SHALL STATE THE FOLLOWING IN LETTERS AT
29 LEAST ONE INCH IN HEIGHT: "IT IS ILLEGAL TO DISPOSE OF RECHARGEABLE
30 BATTERIES IN THE STATE OF NEW YORK AS SOLID WASTE. WE ACCEPT USED
31 RECHARGEABLE BATTERIES FOR RETURN TO THE MANUFACTURER."
32 B. RETAILERS THAT SELL RECHARGEABLE BATTERIES TO CONSUMERS IN THE
33 STATE THROUGH NON-RETAIL OUTLETS SUCH AS THROUGH CATALOGS, OR BY MAIL,
34 TELEPHONE OR THE INTERNET SHALL PROVIDE AT THE TIME OF PURCHASE OR
35 DELIVERY TO THE CONSUMER NOTICE OF AN OPPORTUNITY TO RETURN USED
36 RECHARGEABLE BATTERIES AT NO COST TO THE CONSUMER FOR REUSE OR RECYCL-
37 ING.
38 C. RETAILERS IN THE STATE SHALL CONSPICUOUSLY MAINTAIN, AT A LOCATION
39 WITHIN THE RETAIL ESTABLISHMENT THAT IS CONVENIENT FOR USE BY CONSUMERS,
40 COLLECTION BOXES OR OTHER SUITABLE RECEPTACLES, SUPPLIED BY THE MANUFAC-
41 TURER, INTO WHICH CONSUMERS MAY SAFELY DEPOSIT USED RECHARGEABLE
42 BATTERIES.
43 D. RETAILERS MUST BE IN COMPLIANCE WITH THE PROVISIONS OF THIS SUBDI-
44 VISION NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
45 THIS TITLE.
46 2. EVERY BATTERY MANUFACTURER, OR ANY COMBINATION OF BATTERY MANUFAC-
47 TURERS WORKING TOGETHER, SHALL, AT THE BATTERY MANUFACTURER'S OWN
48 EXPENSE, ARRANGE FOR THE RETURN OF, AND RECYCLING OF, ALL USED RECHARGE-
49 ABLE BATTERIES COLLECTED BY RETAILERS. EVERY BATTERY MANUFACTURER OR ANY
50 COMBINATION OF BATTERY MANUFACTURERS WORKING TOGETHER, SHALL BE RESPON-
51 SIBLE FOR, AT A MINIMUM, THE FOLLOWING:
52 A. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS TITLE, SUBMITTANCE
53 TO THE COMMISSIONER OF A PLAN THAT IDENTIFIES THE METHODS BY WHICH
54 BATTERY MANUFACTURERS WILL SAFELY COLLECT, TRANSPORT, AND RECYCLE
55 RECHARGEABLE BATTERIES COLLECTED BY RETAILERS AT THE EXPENSE OF THE
S. 3593--C 4
1 BATTERY MANUFACTURER AND PROVIDE RETAILERS WITH INFORMATION ON THE SAFE
2 HANDLING AND STORAGE OF RECHARGEABLE BATTERIES.
3 B. SUBMITTANCE TO THE DEPARTMENT OF ANNUAL REPORTS, ON A FORM
4 PRESCRIBED BY THE DEPARTMENT, CONCERNING THE AMOUNT OF RECHARGEABLE
5 BATTERIES RECEIVED WITHIN THE STATE AND RECYCLED EITHER BY NUMBER OR BY
6 WEIGHT; THE COSTS OF SUCH EFFORTS; AND ANY OTHER RELEVANT INFORMATION AS
7 REQUIRED BY THE DEPARTMENT.
8 C. UNDERTAKING OF EFFORTS TO EDUCATE THE CITIZENS OF THE STATE REGARD-
9 ING THE APPROPRIATE WAYS TO RECYCLE RECHARGEABLE BATTERIES.
10 3. THE COMMISSIONER SHALL APPROVE OR REJECT ANY BATTERY MANUFACTURER'S
11 COLLECTION, TRANSPORTATION, AND RECYCLING PLANS DESCRIBED IN PARAGRAPH A
12 OF SUBDIVISION TWO OF THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND,
13 IF REJECTED, INFORM THE BATTERY MANUFACTURER IN WRITING AS TO ANY DEFI-
14 CIENCIES IN SAID PLAN. BATTERY MANUFACTURERS SHALL AMEND AND RESUBMIT
15 ANY REJECTED PLANS FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION
16 OF THE REJECTION OF SAID PLAN. THE COMMISSIONER SHALL APPROVE OR REJECT
17 SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION.
18 4. THE COMMISSIONER SHALL ANALYZE THE INFORMATION PROVIDED BY BATTERY
19 MANUFACTURERS PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION
20 AND REPORT SUCH ANALYSIS TO THE GOVERNOR AND THE LEGISLATURE EVERY TWO
21 YEARS.
22 5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
23 LATIONS NEEDED TO IMPLEMENT THIS TITLE.
24 S 27-1809. ENFORCEMENT OF THIS TITLE.
25 1. ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION 27-1805 OF THIS
26 TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF FIFTY DOLLARS
27 FOR THE FIRST VIOLATION, ONE HUNDRED DOLLARS FOR A SECOND VIOLATION
28 COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION AND TWO HUNDRED
29 DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE
30 MONTHS OF ANY PRIOR VIOLATION.
31 2. ANY RETAILER AS THAT TERM IS DEFINED IN SECTION 27-1803 OF THIS
32 TITLE, WHO VIOLATES THE PROVISIONS OF SECTION 27-1807 OF THIS TITLE
33 SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF TWO HUNDRED DOLLARS
34 FOR THE FIRST VIOLATION, FOUR HUNDRED DOLLARS FOR A SECOND VIOLATION
35 COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION, AND FIVE HUNDRED
36 DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE
37 MONTHS OF ANY PRIOR VIOLATION.
38 3. ANY BATTERY MANUFACTURER, AS THAT TERM IS DEFINED IN SECTION
39 27-1803 OF THIS TITLE, WHO VIOLATES THE PROVISIONS OF SECTION 27-1807 OF
40 THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF TWO
41 THOUSAND DOLLARS FOR THE FIRST VIOLATION, FOUR THOUSAND DOLLARS FOR A
42 SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION,
43 AND FIVE THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED
44 WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION.
45 4. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
46 SIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
47 PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR SHALL BE ASSESSED BY
48 THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
49 TION TO ANY CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
50 THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS TITLE, MAY BY SIMILAR
51 PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
52 S 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
55 OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED
56 THERETO, GOVERNING RECHARGEABLE BATTERY RECYCLING SHALL, UPON THE EFFEC-
S. 3593--C 5
1 TIVE DATE OF SECTION 27-1805 OF THIS TITLE, BE PREEMPTED; PROVIDED,
2 HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE A PERSON FROM COOR-
3 DINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF RECHARGEABLE
4 BATTERIES.
5 S 3. This act shall take effect immediately; provided, however that
6 section 27-1805 of the environmental conservation law, as added by
7 section two of this act, shall take effect on the three hundred sixtieth
8 day after it shall have become a law.
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