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Assembly Bill A5854

2009-2010 Legislative Session

Enacts the "dry cell battery management and manufacturer responsibility act"; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A5854 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Rpld §27-0719, add Art 27 Title 29 §§27-2901 - 27-2913, amd §71-2727, En Con L

2009-A5854 (ACTIVE) - Summary

Enacts the "dry cell battery management and manufacture responsibility act"; makes numerous provisions including establishing battery toxicity requirements and battery identification requirements; provides for battery management plans and collection plans; imposes certain disposal restrictions

2009-A5854 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5854

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  management of dry cell batteries and to repeal section 27-0719 of such
  law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The legislature finds  and
declares that dry cell batteries which contain cadmium, lead, and mercu-
ry  can  have  significant  toxicological effects on humans and wildlife
when improperly disposed of. The legislature also finds that the  silver
which  is  contained  in  silver  oxide batteries is a federal and state
regulated hazardous waste. The legislature also finds that the potential
environmental and public health problems associated with these batteries
can be minimized by requiring the reduction of battery toxicity,  estab-
lishing  a  consumer  education  program  on appropriate battery use and
waste battery disposition, and requiring the use of a labeling system to
identify battery chemistry.
  The legislature further finds and  declares  that  a  statewide  toxic
waste  source  reduction strategy must begin with fundamental changes in
manufacturing practices and consumer disposal habits; that the  manufac-
turers  of products containing high levels of cadmium, lead, and mercury
that are discarded after serving their intended use must  assume  finan-
cial  responsibility  for their environmentally sound disposal; and that
in particular, the dry cell battery industry must begin to bear  a  more
equitable  share  of  the environmental and social costs associated with
manufacturing batteries which place a  burden  on  the  state's  limited
disposal options.
  Therefore,  it is the intent of the legislature to institute a compre-
hensive dry cell battery management program in New York state to  reduce
both the toxicity of batteries sold and the extent to which batteries of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08951-01-9

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