S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1598
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to recy-
   cling electronic cigarettes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
                      ELECTRONIC CIGARETTE RECYCLING
 SECTION 27-3401. RETURN OF ELECTRONIC CIGARETTES FOR RECYCLING.
 § 27-3401. RETURN OF ELECTRONIC CIGARETTES FOR RECYCLING.
   1.  MANUFACTURERS  OF ELECTRONIC CIGARETTES SHALL ACCEPT THE RETURN OF
 SUCH DEVICES FOR RECYCLING BY VAPOR PRODUCT DEALERS REGISTERED  PURSUANT
 TO  ARTICLE  TWENTY-EIGHT-C  OF THE TAX LAW. VAPOR PRODUCT DEALERS SHALL
 ACCEPT THE RETURN OF ANY USED ELECTRONIC CIGARETTES FOR RECYCLING.
   2. ELECTRONIC CIGARETTE MANUFACTURERS WHICH IMPORT FOR PROFIT, SELL OR
 OFFER ELECTRONIC CIGARETTES FOR SALE IN THIS STATE SHALL BE  RESPONSIBLE
 FOR, AT A MINIMUM, THE FOLLOWING:
   A. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS TITLE, SUBMITTANCE
 TO  THE COMMISSIONER OF A PLAN THAT IDENTIFIES THE METHODS BY WHICH SUCH
 MANUFACTURERS WILL SAFELY COLLECT AND RECYCLE ELECTRONIC CIGARETTES  AND
 THE LITHIUM-ION BATTERIES CONTAINED THEREIN.
   B.  SUBMITTANCE  TO  THE  DEPARTMENT  OF  ANNUAL  REPORTS,  ON  A FORM
 PRESCRIBED BY THE DEPARTMENT, CONCERNING THE AMOUNT OF ELECTRONIC  CIGA-
 RETTES  RECEIVED  WITHIN  THE  STATE AND RECYCLED EITHER BY NUMBER OR BY
 WEIGHT; THE COSTS OF SUCH EFFORTS; AND ANY OTHER RELEVANT INFORMATION AS
 REQUIRED BY THE DEPARTMENT.
   C. UNDERTAKING OF EFFORTS TO EDUCATE CONSUMERS REGARDING THE APPROPRI-
 ATE WAYS TO RECYCLE ELECTRONIC CIGARETTES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05769-01-3
 A. 1598                             2
              

 
   3. THE COMMISSIONER SHALL APPROVE OR REJECT ANY  ELECTRONIC  CIGARETTE
 MANUFACTURER'S COLLECTION, TRANSPORTATION, AND RECYCLING PLANS DESCRIBED
 IN  PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION WITHIN NINETY DAYS OF
 SUBMISSION AND, IF REJECTED, INFORM THE ELECTRONIC CIGARETTE MANUFACTUR-
 ER  IN WRITING AS TO ANY DEFICIENCIES IN SAID PLAN. ELECTRONIC CIGARETTE
 MANUFACTURERS SHALL AMEND AND RESUBMIT ANY REJECTED PLANS FOR  RECONSID-
 ERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE REJECTION OF SAID PLAN.
 THE COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF
 RESUBMISSION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.