S T A T E O F N E W Y O R K
________________________________________________________________________
6813--B
2009-2010 Regular Sessions
I N A S S E M B L Y
March 12, 2009
___________
Introduced by M. of A. KAVANAGH, DelMONTE, JAFFEE, MENG, ESPAILLAT,
COLTON, COOK -- Multi-Sponsored by -- M. of A. AMEDORE, GABRYSZAK,
GLICK, GOTTFRIED, JOHN, MAGEE, MILLER, PHEFFER, THIELE, TOWNSEND,
WEISENBERG -- read once and referred to the Committee on Environmental
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
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:
Section 1. Declaration of legislative intent and findings. The legis-
lature finds and declares that the presence of toxic metals in discarded
rechargeable batteries is a matter of great concern in light of their
adverse effect on groundwater quality when disposed of in landfills and
their presence in emissions or residual ash when incinerated at a
resource recovery facility; that cadmium, lead and mercury found in
rechargeable batteries, on the basis of available scientific and medical
evidence, are of particular concern; that it is desirable to reduce the
toxic state of waste materials in the solid waste streams directed to
resource recovery and sanitary landfill facilities; that the removal of
used rechargeable batteries containing high levels of cadmium, lead or
mercury from the solid waste stream can have a significant beneficial
impact on the quality of the emissions and residual ash resulting from
the incineration of solid waste at resource recovery facilities, and on
groundwater quality in those regions where solid waste is disposed at
sanitary landfill facilities; and that the most effective and appropri-
ate method to promote the reduction of toxic metals from rechargeable
battery disposal is to require the battery industry to accept the finan-
cial responsibility for the environmentally sound collection, transpor-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09754-07-9
A. 6813--B 2
tation and recycling or proper disposal of discarded rechargeable
batteries.
The legislature therefore determines that it is in the public interest
of the state of New York to maximize the removal of used rechargeable
batteries from the solid waste stream by banning the disposal of used
rechargeable batteries from the solid waste stream and requiring
manufacturers of rechargeable batteries to take back and recycle the
used rechargeable batteries that are sold or disposed of in the state of
New York.
This act is purposefully structured to fit into current rechargeable
battery initiatives, especially the Rechargeable Battery Recycling
Corporation's call2recycle program. This program currently uses volun-
teer retailers, and provides them with collection boxes with pre-paid
postage that can be mailed directly to existing recycling centers, to
collect and recycle rechargeable batteries and cell phones of all varie-
ties. The program also does public outreach and advertising to increase
its recycling rates. The program is paid for by over 350 manufacturers
and marketers of products that use rechargeable batteries and has over
37,000 participating retail partners, including retailers such as Radio
Shack, Home Depot and Verizon Wireless. The legislature finds that
making this existing voluntary program mandatory would strengthen its
effectiveness in the state of New York.
S 2. Article 27 of the environmental conservation law is amended by
adding a new title 18 to read as follows:
TITLE 18
RECHARGEABLE BATTERY RECYCLING
SECTION 27-1801. SHORT TITLE.
27-1803. DECLARATION OF POLICY.
27-1805. DEFINITIONS.
27-1807. RECHARGEABLE BATTERY DISPOSAL BAN.
27-1809. RECHARGEABLE BATTERY RECYCLING PROGRAM.
27-1811. ENFORCEMENT OF THIS TITLE.
27-1813. STATE PREEMPTION.
S 27-1801. SHORT TITLE.
THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
RECHARGEABLE BATTERY LAW".
S 27-1803. DECLARATION OF POLICY.
IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THE STATE OF NEW YORK
TO REDUCE ENVIRONMENTAL POLLUTION, TO REDUCE THE TOXIC STATE OF WASTE
MATERIALS IN THE SOLID WASTE STREAM DIRECTED TO RESOURCE RECOVERY AND
SANITARY LANDFILL FACILITIES, AND TO MAXIMIZE THE REMOVAL OF USED
RECHARGEABLE BATTERIES AND PRODUCTS THAT CONTAIN RECHARGEABLE BATTERIES
AND ENCOURAGE THEIR RECYCLING BY ENTITIES THAT MANUFACTURE RECHARGEABLE
BATTERIES BY BANNING THE DISPOSAL OF USED RECHARGEABLE BATTERIES FROM
THE SOLID WASTE STREAM AND REQUIRING MANUFACTURERS OF RECHARGEABLE
BATTERIES TO TAKE BACK AND RECYCLE THE USED RECHARGEABLE BATTERIES SOLD
OR DISPOSED OF IN THE STATE.
S 27-1805. DEFINITIONS.
WHEN USED IN THIS TITLE:
1. "BATTERY MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION
THAT: (I) PRODUCES RECHARGEABLE BATTERIES SOLD OR DISTRIBUTED IN THE
STATE, OR PACKAGES SUCH BATTERIES FOR SALE IN THE STATE, EXCEPT THAT IF
SUCH PRODUCTION OR PACKAGING IS FOR A DISTRIBUTOR HAVING THE RIGHT TO
PRODUCE OR OTHERWISE PACKAGE THAT SAME BRAND OF BATTERY IN THE STATE,
THEN SUCH DISTRIBUTOR SHALL BE DEEMED TO BE THE BATTERY MANUFACTURER; OR
A. 6813--B 3
(II) IMPORTS RECHARGEABLE BATTERIES INTO THE UNITED STATES THAT ARE SOLD
OR DISTRIBUTED IN THE STATE;
2. "CONSUMER" MEANS ANY PERSON WHO PURCHASES ONE OR MORE RECHARGEABLE
BATTERIES, OR PRODUCTS CONTAINING SUCH BATTERIES AT THE TIME OF SALE,
FOR PERSONAL USE;
3. "PLACE OF BUSINESS" MEANS THE LOCATION AT WHICH A RETAILER SELLS OR
OFFERS FOR SALE TO CONSUMERS, RECHARGEABLE BATTERIES, OR PRODUCTS
CONTAINING SUCH BATTERIES AT THE TIME OF SALE;
4. "RECHARGEABLE BATTERY" MEANS ANY RECHARGEABLE NICKEL-CADMIUM,
SEALED LEAD, LITHIUM ION, NICKEL METAL HYDRIDE BATTERY, OR ANY OTHER
SUCH DRY CELL BATTERY CAPABLE OF BEING RECHARGED WEIGHING LESS THAN
TWENTY-FIVE POUNDS, OR BATTERY PACKS CONTAINING SUCH BATTERIES; BUT
SHALL NOT INCLUDE A BATTERY USED AS THE PRINCIPAL ELECTRIC POWER SOURCE
FOR A VEHICLE, SUCH AS, BUT NOT LIMITED TO, AN AUTOMOBILE, BOAT, TRUCK,
TRACTOR, GOLF CART OR WHEELCHAIR; FOR STORAGE OF ELECTRICITY GENERATED
BY AN ALTERNATIVE POWER SOURCE, SUCH AS SOLAR OR WIND-DRIVEN GENERATORS;
OR FOR MEMORY BACKUP IN AN ELECTRONIC DEVICE;
5. "RETAILER" MEANS A PERSON, FIRM OR CORPORATION THAT ENGAGES IN THE
SALE OF RECHARGEABLE BATTERIES, OR PRODUCTS CONTAINING SUCH BATTERIES,
TO A CONSUMER IN THE STATE, INCLUDING, BUT NOT LIMITED TO, TRANSACTIONS
CONDUCTED THROUGH SALES OUTLETS, CATALOGS, BY MAIL, TELEPHONE OR THE
INTERNET. FOR THE PURPOSES OF THIS SECTION RETAILER SHALL NOT INCLUDE A
FOOD STORE; AND
6. "FOOD STORE" MEANS A STORE SELLING PRIMARILY FOOD AND FOOD PRODUCTS
FOR CONSUMPTION OR USE OFF THE PREMISES THAT OCCUPIES LESS THAN FOURTEEN
THOUSAND SQUARE FEET OF DISPLAY SPACE.
S 27-1807. RECHARGEABLE BATTERY DISPOSAL BAN.
NO PERSON SHALL KNOWINGLY DISPOSE OF RECHARGEABLE BATTERIES AS SOLID
WASTE AT ANY TIME IN THE STATE.
S 27-1809. RECHARGEABLE BATTERY RECYCLING PROGRAM.
1. RECHARGEABLE BATTERIES SHALL BE RETURNED TO A RETAILER THAT SELLS
SUCH BATTERIES THAT ARE SIMILAR IN SHAPE, SIZE AND FUNCTION TO THOSE TO
BE DISPOSED OF. RECHARGEABLE BATTERIES CONTAINED IN ELECTRONIC PRODUCTS
MUST BE REMOVED PRIOR TO DISPOSAL OF SUCH PRODUCT.
A. RETAILERS HAVING A PLACE OF BUSINESS IN THE STATE SHALL ACCEPT FROM
CONSUMERS AT ANY TIME DURING NORMAL BUSINESS HOURS RECHARGEABLE
BATTERIES OF A SIMILAR SIZE AND SHAPE AS THE RETAILER OFFERS FOR SALE.
RETAILERS SHALL TAKE UP TO TEN SUCH BATTERIES PER DAY FROM ANY PERSON
REGARDLESS OF WHETHER SUCH PERSON PURCHASES REPLACEMENT BATTERIES, AND
RETAILERS SHALL ALSO ACCEPT AS MANY SUCH BATTERIES AS A CONSUMER
PURCHASES FROM THE RETAILER. RETAILERS SHALL CONSPICUOUSLY POST AND
MAINTAIN, AT OR NEAR THE POINT OF ENTRY TO THE PLACE OF BUSINESS, A
LEGIBLE SIGN, NOT LESS THAN EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
IN SIZE, STATING THAT USED RECHARGEABLE BATTERIES OF THE SIZE AND SHAPE
SOLD OR OFFERED FOR SALE BY THE RETAILER MAY NOT ENTER THE SOLID WASTE
STREAM, AND THAT THE RETAIL ESTABLISHMENT IS A COLLECTION SITE FOR RECY-
CLING SUCH BATTERIES. SUCH SIGN SHALL STATE THE FOLLOWING IN LETTERS AT
LEAST ONE INCH IN HEIGHT: "IT IS ILLEGAL TO DISPOSE OF RECHARGEABLE
BATTERIES IN THE STATE OF NEW YORK AS SOLID WASTE. WE ACCEPT USED
RECHARGEABLE BATTERIES FOR RETURN TO THE MANUFACTURER."
B. RETAILERS THAT SELL RECHARGEABLE BATTERIES TO CONSUMERS IN THE
STATE THROUGH NON-RETAIL OUTLETS SUCH AS THROUGH CATALOGS, OR BY MAIL,
TELEPHONE OR THE INTERNET SHALL PROVIDE AT THE TIME OF PURCHASE OR
DELIVERY TO THE CONSUMER NOTICE OF AN OPPORTUNITY TO RETURN USED
RECHARGEABLE BATTERIES AT NO COST TO THE CONSUMER FOR REUSE OR RECYCL-
ING.
A. 6813--B 4
C. RETAILERS IN THE STATE SHALL CONSPICUOUSLY MAINTAIN, AT A LOCATION
WITHIN THE RETAIL ESTABLISHMENT THAT IS CONVENIENT FOR USE BY CONSUMERS,
COLLECTION BOXES OR OTHER SUITABLE RECEPTACLES, SUPPLIED BY THE MANUFAC-
TURER, INTO WHICH CONSUMERS MAY SAFELY DEPOSIT USED RECHARGEABLE
BATTERIES.
2. EVERY BATTERY MANUFACTURER, OR ANY COMBINATION OF BATTERY MANUFAC-
TURERS WORKING TOGETHER, SHALL, AT THE BATTERY MANUFACTURER'S OWN
EXPENSE, ARRANGE FOR THE RETURN OF, AND RECYCLING OF, ALL USED RECHARGE-
ABLE BATTERIES COLLECTED BY RETAILERS. EVERY BATTERY MANUFACTURER OR ANY
COMBINATION OF BATTERY MANUFACTURERS WORKING TOGETHER, SHALL BE RESPON-
SIBLE FOR, AT A MINIMUM, THE FOLLOWING:
A. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, SUBMITTANCE
TO THE COMMISSIONER OF A PLAN THAT IDENTIFIES THE METHODS BY WHICH
BATTERY MANUFACTURERS WILL SAFELY COLLECT, TRANSPORT, AND RECYCLE
RECHARGEABLE BATTERIES COLLECTED BY RETAILERS AT THE EXPENSE OF THE
BATTERY MANUFACTURER AND PROVIDE RETAILERS WITH INFORMATION ON THE SAFE
HANDLING AND STORAGE OF RECHARGEABLE BATTERIES.
B. SUBMITTANCE TO THE DEPARTMENT OF ANNUAL REPORTS, ON A FORM
PRESCRIBED BY THE DEPARTMENT, CONCERNING THE AMOUNT OF RECHARGEABLE
BATTERIES 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 THE CITIZENS OF THE STATE REGARD-
ING THE APPROPRIATE WAYS TO RECYCLE RECHARGEABLE BATTERIES.
3. THE COMMISSIONER SHALL APPROVE OR REJECT ANY BATTERY MANUFACTURER'S
COLLECTION, TRANSPORTATION, AND RECYCLING PLANS DESCRIBED IN PARAGRAPH A
OF SUBDIVISION TWO OF THIS SECTION WITHIN THIRTY DAYS OF SUBMISSION AND,
IF REJECTED, INFORM THE BATTERY MANUFACTURER IN WRITING AS TO ANY DEFI-
CIENCIES IN SAID PLAN. BATTERY MANUFACTURERS SHALL AMEND AND RESUBMIT
ANY REJECTED PLANS FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION
OF THE REJECTION OF SAID PLAN. THE COMMISSIONER SHALL APPROVE OR REJECT
SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION.
4. THE COMMISSIONER SHALL ANALYZE THE INFORMATION PROVIDED BY BATTERY
MANUFACTURERS PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION
AND REPORT SUCH ANALYSIS TO THE GOVERNOR AND THE LEGISLATURE EVERY TWO
YEARS.
5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
LATIONS NEEDED TO IMPLEMENT THIS TITLE.
S 27-1811. ENFORCEMENT OF THIS TITLE.
1. ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION 27-1807 OF THIS
TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF FIFTY DOLLARS
FOR THE FIRST VIOLATION, ONE HUNDRED DOLLARS FOR A SECOND VIOLATION
COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION AND TWO HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE
MONTHS OF ANY PRIOR VIOLATION.
2. ANY RETAILER AS THAT TERM IS DEFINED IN SECTION 27-1805 OF THIS
TITLE, WHO VIOLATES THE PROVISIONS OF SECTION 27-1809 OF THIS TITLE
SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF TWO HUNDRED DOLLARS
FOR THE FIRST VIOLATION, FOUR HUNDRED DOLLARS FOR A SECOND VIOLATION
COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION, AND FIVE HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE
MONTHS OF ANY PRIOR VIOLATION.
3. ANY BATTERY MANUFACTURER, AS THAT TERM IS DEFINED IN SECTION
27-1805 OF THIS TITLE, WHO VIOLATES THE PROVISIONS OF SECTION 27-1809 OF
THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF TWO
THOUSAND DOLLARS FOR THE FIRST VIOLATION, FOUR THOUSAND DOLLARS FOR A
A. 6813--B 5
SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION,
AND FIVE THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED
WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION.
4. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR SHALL BE ASSESSED BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION TO ANY CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
THOSE TERMS ARE DEFINED IN SECTION 27-1805 OF THIS TITLE, MAY BY SIMILAR
PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
S 27-1813. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO RECHARGEABLE BATTERY RECYCL-
ING IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF
ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERE-
TO, GOVERNING RECHARGEABLE BATTERY RECYCLING SHALL, UPON THE EFFECTIVE
DATE OF THIS TITLE, BE PREEMPTED; PROVIDED, HOWEVER, THAT NOTHING IN
THIS SECTION SHALL PRECLUDE A PERSON FROM COORDINATING, FOR RECYCLING OR
REUSE, THE COLLECTION OF RECHARGEABLE BATTERIES.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.