A. 6739 2
ESSING UNIT AND A MONITOR; BUT SUCH TERM SHALL NOT INCLUDE AN AUTOMATED
TYPEWRITER OR TYPESETTER, A PORTABLE HAND-HELD CALCULATOR, A PORTABLE
DIGITAL ASSISTANT, OR OTHER SIMILAR DEVICE.
3. "CONSUMER" MEANS A PERSON WHO OWNS OR USES COVERED ELECTRONIC
EQUIPMENT, INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL, A BUSINESS,
CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT ORGANIZATION, OR
GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED IN A WHOLE-
SALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
4. "COVERED ELECTRONIC EQUIPMENT" MEANS ANY COMPUTER CENTRAL PROCESS-
ING UNIT; CATHODE RAY TUBE; CATHODE RAY TUBE DEVICE; KEYBOARD; ELECTRON-
IC MOUSE OR SIMILAR POINTING DEVICE; TELEVISION; PRINTER; COMPUTER MONI-
TOR, INCLUDING BUT NOT LIMITED TO LIQUID CRYSTAL DISPLAYS (LCD) AND
PLASMA SCREENS, OR SIMILAR VIDEO DISPLAY DEVICE WITH A SCREEN THAT IS
GREATER THAN FOUR INCHES MEASURED DIAGONALLY AND CONTAINS ONE OR MORE
CIRCUIT BOARDS; A LAPTOP OR OTHER PORTABLE COMPUTER; OR A PORTABLE
DIGITAL MUSIC PLAYER THAT HAS MEMORY CAPABILITY AND IS BATTERY-POWERED;
ANY DEVICE THAT HAS INTERNAL MEMORY AND CAN CONNECT TO VIDEO; OR ANY
DEVICE INCLUDING A HARD DRIVE. "COVERED ELECTRONIC EQUIPMENT" DOES NOT
INCLUDE ANY MOTOR VEHICLE; WIRELESS TELEPHONE; HOUSEHOLD APPLIANCES SUCH
AS CLOTHES WASHERS, CLOTHES DRYERS, REFRIGERATORS, FREEZERS, MICROWAVE
OVENS, OVENS, RANGES OR DISHWASHERS; EQUIPMENT THAT IS FUNCTIONALLY OR
PHYSICALLY PART OF A LARGER PIECE OF EQUIPMENT INTENDED FOR USE IN AN
INDUSTRIAL, RESEARCH AND DEVELOPMENT OR COMMERCIAL SETTING; SECURITY OR
ANTI-TERRORISM EQUIPMENT THAT UTILIZES A CATHODE RAY TUBE; COMMERCIAL
MEDICAL EQUIPMENT THAT CONTAINS WITHIN IT A CATHODE RAY TUBE, A CATHODE
RAY TUBE DEVICE, A FLAT PANEL DISPLAY OR SIMILAR VIDEO DISPLAY DEVICE,
AND IS NOT SEPARATE FROM THE LARGER PIECE OF EQUIPMENT; OR OTHER MEDICAL
DEVICES AS THAT TERM IS DEFINED UNDER THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT.
5. "ELECTRONIC RECYCLER" MEANS A PERSON WHO ENGAGES IN THE MANUAL OR
MECHANICAL SEPARATION OF COVERED ELECTRONIC EQUIPMENT TO RECOVER COMPO-
NENTS AND COMMODITIES CONTAINED THEREIN FOR THE PURPOSE OF REUSE OR
RECYCLING OR A PERSON WHO CHANGES THE PHYSICAL OR CHEMICAL COMPOSITION
OF COVERED ELECTRONIC EQUIPMENT FOR PURPOSES OF SEGREGATING COMPONENTS,
FOR PURPOSES OF RECYCLING THOSE COMPONENTS AND WHO ARRANGES FOR THE
TRANSPORT OF THOSE COMPONENTS.
6. "ELECTRONIC WASTE" MEANS COVERED ELECTRONIC EQUIPMENT THAT HAS BEEN
DISCARDED OR IS NO LONGER WANTED BY ITS OWNER, OR FOR ANY OTHER REASON
ENTERS THE WASTE COLLECTION, RECOVERY, TREATMENT, PROCESSING, OR RECYCL-
ING SYSTEM.
7. "LABEL" MEANS A MARKER ON THE SURFACE OF COVERED ELECTRONIC EQUIP-
MENT CONVEYING INFORMATION; FOR THE PURPOSES OF THIS TITLE, LABELS MUST
BE PERMANENT AND CAN BE ATTACHED, PRINTED, ENGRAVED OR INCORPORATED IN
ANY OTHER PERMANENT WAY THAT IS OBVIOUS AND VISIBLE TO USERS OF THE
PRODUCT.
8. "MANUFACTURER" MEANS A PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY
ASSEMBLES, OR HAS ASSEMBLED OR SUBSTANTIALLY ASSEMBLED, COVERED ELEC-
TRONIC EQUIPMENT FOR SALE IN THE STATE; (B) MANUFACTURES OR HAS MANUFAC-
TURED COVERED ELECTRONIC EQUIPMENT UNDER ITS OWN BRAND NAME OR UNDER ANY
OTHER BRAND NAME FOR SALE IN THE STATE; (C) SELLS OR HAS SOLD, UNDER ITS
OWN BRAND NAME, COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (D) OWNS
A BRAND NAME THAT IT LICENSES OR HAS LICENSED TO ANOTHER PERSON FOR USE
ON COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (E) IMPORTS OR HAS
IMPORTED COVERED ELECTRONIC EQUIPMENT FOR SALE IN THE STATE; OR (F)
MANUFACTURES OR HAS MANUFACTURED COVERED ELECTRONIC EQUIPMENT FOR SALE
IN THE STATE WITHOUT AFFIXING A BRAND NAME.
A. 6739 3
9. "MANUFACTURER'S BRANDS" MEANS A MANUFACTURER'S NAME, BRAND NAME OR
BRAND LABEL, AND ALL MANUFACTURER'S NAMES, BRAND NAMES AND BRAND LABELS
FOR WHICH THE MANUFACTURER HAS LEGAL RIGHT OR INTEREST, INCLUDING THOSE
NAMES, BRAND NAMES, AND BRAND LABELS OF COMPANIES THAT HAVE BEEN
ACQUIRED BY THE MANUFACTURER OR IN WHICH THE MANUFACTURER ASSERTS A
LEGAL INTEREST SUCH AS TRADEMARK OR PATENT.
10. "MONITOR" MEANS A SEPARATE VISUAL DISPLAY COMPONENT OF A COMPUTER,
WHETHER SOLD SEPARATELY OR TOGETHER WITH A COMPUTER CENTRAL PROCESSING
UNIT/COMPUTER BOX, AND INCLUDES A CATHODE RAY TUBE, LIQUID CRYSTAL
DISPLAY, GAS PLASMA, DIGITAL LIGHT PROCESSING OR OTHER IMAGE PROJECTION
TECHNOLOGY, GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY, AND ITS
CASE, INTERIOR WIRES AND CIRCUITRY, CABLE TO THE CENTRAL PROCESSING
UNIT, AND POWER CORD.
11. "ORPHAN WASTE" MEANS COVERED ELECTRONIC WASTE, THE MANUFACTURER OF
WHICH CANNOT BE IDENTIFIED OR IS NO LONGER IN BUSINESS AND FOR WHICH NO
SUCCESSOR IN INTEREST CAN BE IDENTIFIED.
12. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP,
COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION, ASSOCIATION, GOVERN-
MENTAL ENTITY, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, FIRM,
ORGANIZATION, OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY OFFICER OR
EMPLOYEE OR AGENT THEREOF.
13. "PORTABLE COMPUTER" MEANS A COMPUTER AND VIDEO DISPLAY GREATER
THAN FOUR INCHES IN SIZE THAT CAN BE CARRIED AS ONE UNIT BY AN INDIVID-
UAL.
14. "RECYCLE" MEANS TO USE THE MATERIALS CONTAINED IN COVERED ELEC-
TRONIC EQUIPMENT OR COMPONENTS AS RAW MATERIALS FOR NEW PRODUCTS OR
COMPONENTS, BUT NOT FOR ENERGY RECOVERY OR ENERGY GENERATION BY MEANS OF
COMBUSTION, GASIFICATION, PYROLYSIS OR OTHER MEANS.
15. "RETAILER" MEANS A PERSON WHO SELLS COVERED ELECTRONIC EQUIPMENT
TO A CONSUMER IN THE STATE THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED
TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, CATALOGS OR THE
INTERNET, OR ANY ELECTRONIC MEANS, AND WHO OPERATES ONE OR MORE RETAIL
STORES IN THE STATE THAT CONTAIN SEVENTY-FIVE THOUSAND SQUARE FEET OR
MORE OF ACTIVE RETAIL FLOOR SPACE FOR THE SALE OF RETAIL GOODS, SUCH AS
A "BIG BOX" RETAIL STORE OR WAREHOUSE CLUB; PROVIDED THAT SUCH TERM
SHALL NOT INCLUDE ANY RETAIL STORE FOR WHICH PHARMACY SALES COMPRISE
FIFTY PERCENT OR MORE OF STORE SALES.
16. "REUSE" MEANS ANY OPERATION BY WHICH COVERED ELECTRONIC EQUIPMENT
OR COMPONENTS ARE USED FOR THE SAME PURPOSE FOR WHICH THEY WERE
CONCEIVED, INCLUDING THE CONTINUED USE OF WHOLE SYSTEMS OR COMPONENTS.
17. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
THE RIGHT TO USE, BY LEASE OR SALES CONTRACT, FROM A MANUFACTURER OR
RETAILER TO A CONSUMER, INCLUDING, BUT NOT LIMITED TO, TRANSACTIONS
CONDUCTED THROUGH RETAIL SALES OUTLETS, CATALOGS, THE INTERNET, OR ANY
ELECTRONIC MEANS; THIS INCLUDES TRANSFER OF NEW PRODUCTS OR USED
PRODUCTS THAT MAY HAVE BEEN REFURBISHED BY THEIR MANUFACTURER OR MANU-
FACTURER-APPROVED PARTY AND THAT ARE OFFERED FOR SALE BY A MANUFACTURER
OR RETAILER, BUT DOES NOT INCLUDE CONSUMER-TO-CONSUMER SECOND-HAND
TRANSFER.
18. "TELEVISION" MEANS A DISPLAY SYSTEM CONTAINING A CATHODE RAY TUBE
OR ANY OTHER TYPE OF DISPLAY PRIMARILY INTENDED TO RECEIVE VIDEO
PROGRAMMING VIA BROADCAST, CABLE OR SATELLITE TRANSMISSION, HAVING A
VIEWABLE AREA GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY.
S 27-2603. RETAIL COLLECTION AND NOTIFICATION.
1. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE OR ONE HUNDRED EIGHTY
DAYS AFTER AN ELECTRONIC WASTE MANAGEMENT PLAN IS APPROVED BY THE
A. 6739 4
DEPARTMENT, WHICHEVER DATE IS LATER, EACH RETAILER OF COVERED ELECTRONIC
EQUIPMENT WHO DOES BUSINESS IN THE STATE OF NEW YORK SHALL ACCEPT FROM
CONSUMERS, AT ANY TIME DURING NORMAL BUSINESS HOURS AND WITHOUT CHARGE,
COVERED ELECTRONIC EQUIPMENT OF ALL BRANDS THAT THE RETAILER OFFERS FOR
SALE FOR COLLECTION, HANDLING AND RECYCLING OR REUSE OF SUCH EQUIPMENT,
REGARDLESS OF WHETHER THE COVERED ELECTRONIC EQUIPMENT WAS OBTAINED FROM
THE RETAILER. CONSUMERS RETURNING COVERED ELECTRONIC EQUIPMENT PURSUANT
TO THE TERMS OF THIS SECTION SHALL NOT BE REQUIRED TO MAKE A PURCHASE
FROM THE RETAILER.
2. A. 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
COVERED ELECTRONIC EQUIPMENT OF THE BRANDS OFFERED FOR SALE BY THE
RETAILER MAY NOT ENTER THE SOLID WASTE STREAM, AND THAT THE RETAIL
ESTABLISHMENT IS A COLLECTION SITE FOR RECYCLING SUCH EQUIPMENT. SUCH
SIGN SHALL STATE THE FOLLOWING IN LETTERS AT LEAST ONE-INCH IN HEIGHT:
"IT IS ILLEGAL TO DISPOSE OF CERTAIN ELECTRONIC EQUIPMENT IN THE STATE
OF NEW YORK AS SOLID WASTE. WE ACCEPT USED ELECTRONIC EQUIPMENT OF THE
BRANDS WE SELL FOR RETURN TO THE MANUFACTURER OR AN ELECTRONICS RECY-
CLER."
B. RETAILERS THAT SELL COVERED ELECTRONIC EQUIPMENT TO CONSUMERS IN
THE STATE THROUGH NON-RETAIL OUTLETS, INCLUDING 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
COVERED ELECTRONIC EQUIPMENT AT NO COST TO THE CONSUMER FOR REUSE OR
RECYCLING.
C. RETAILERS SHALL CONSPICUOUSLY MAINTAIN, AT A LOCATION WITHIN THE
RETAIL ESTABLISHMENT CONVENIENT FOR USE BY CONSUMERS, COLLECTION BOXES
OR OTHER SUITABLE RECEPTACLES, SUPPLIED BY THE RETAILER, INTO WHICH
CONSUMERS MAY DEPOSIT COVERED ELECTRONIC EQUIPMENT.
3. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE EACH MANUFACTURER OF
COVERED ELECTRONIC EQUIPMENT SHALL ACCEPT FOR COLLECTION, HANDLING AND
RECYCLING OR REUSE COVERED ELECTRONIC EQUIPMENT RETURNED TO IT BY
RETAILERS DOING BUSINESS IN THE STATE. NO MANUFACTURER SHALL BE RESPON-
SIBLE FOR THE COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED
ELECTRONIC EQUIPMENT OF A DIFFERENT TYPE OR BRAND THAN THE COVERED ELEC-
TRONIC EQUIPMENT THAT MANUFACTURER PRODUCES OR PRODUCED.
S 27-2605. ELECTRONIC WASTE MANAGEMENT PLAN.
1. THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS PROMULGATING RECY-
CLING COLLECTION STANDARDS FOR COVERED ELECTRONIC EQUIPMENT. SUCH STAND-
ARDS SHALL BE DETERMINED BASED ON THE AVERAGE ANNUAL SALES IN THIS STATE
BY THE RETAILER OF THE COVERED ELECTRONIC EQUIPMENT, REPORTED BY WEIGHT,
DURING THE PREVIOUS THREE CALENDAR YEARS; BY JULY FIRST, TWO THOUSAND
FIFTEEN, THE MINIMUM COLLECTION STANDARD IS TWENTY-FIVE PERCENT AND BY
JULY FIRST, TWO THOUSAND EIGHTEEN, THE MINIMUM COLLECTION STANDARD IS
FORTY-FIVE PERCENT. THE COMMISSIONER MAY GRANT A WAIVER, IN WHOLE OR IN
PART, FROM THE COLLECTION STANDARDS AND ANY RESULTING FINES OR PENALTIES
WHERE A RETAILER HAS DEMONSTRATED TO THE COMMISSIONER'S SATISFACTION
THAT SUCH MINIMUM COLLECTION STANDARDS COULD NOT BE MET DESPITE THE BEST
EFFORTS OF THE RETAILER.
2. NO LATER THAN JANUARY FIRST, TWO THOUSAND ELEVEN, EACH RETAILER
SHALL DEVELOP AND SUBMIT TO THE DEPARTMENT AN ELECTRONIC WASTE MANAGE-
MENT PLAN FOR THE COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED
ELECTRONIC EQUIPMENT, TOGETHER WITH A REGISTRATION FEE OF FIVE THOUSAND
DOLLARS. ANY RETAILER COMMENCING BUSINESS IN THIS STATE ON OR AFTER JULY
FIRST, TWO THOUSAND ELEVEN SHALL SUBMIT TO THE DEPARTMENT AN ELECTRONIC
A. 6739 5
WASTE MANAGEMENT PLAN FOR THE COLLECTION, HANDLING, AND RECYCLING OR
REUSE OF COVERED ELECTRONIC EQUIPMENT, TOGETHER WITH THE REGISTRATION
FEE, PRIOR TO SELLING ANY COVERED ELECTRONIC EQUIPMENT IN THE STATE. THE
RETAILER SHALL NOT IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION, HANDL-
ING AND RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT.
3. THE ELECTRONIC WASTE MANAGEMENT PLAN SHALL INCLUDE, AT A MINIMUM:
A. DETAILS FOR IMPLEMENTING THE COLLECTION, HANDLING AND RECYCLING OR
REUSE OF COVERED ELECTRONIC EQUIPMENT OF ALL BRANDS OFFERED FOR SALE BY
THE RETAILER, AND OFFERED FOR RETURN BY ANY CONSUMER IN THIS STATE, AND
FOR THE RETURN OF THE COLLECTED COVERED ELECTRONIC EQUIPMENT TO THE
MANUFACTURER OF THE EQUIPMENT OR TO AN ELECTRONIC RECYCLER, SPECIFYING
THE IDENTITY, LOCATION AND CONTACT INFORMATION OF THE RECYCLER;
B. IF THE RETAILER RECYCLES THE COVERED ELECTRONIC EQUIPMENT ITSELF,
INFORMATION ON THE ANTICIPATED END MARKETS EXPECTED TO BE UTILIZED BY
THE RETAILER, INCLUDING, BUT NOT LIMITED TO, DETAILS ON THE METHODS OF
RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT, DETAILS ON ANY
DISASSEMBLY OR PHYSICAL RECOVERY OPERATION TO BE USED, THE LOCATIONS OF
ANY SUCH OPERATIONS, DETAILS ON THE RETAILER'S SYSTEM FOR DESTROYING ALL
DATA ON ANY COVERED ELECTRONIC EQUIPMENT COLLECTED, EITHER THROUGH PHYS-
ICAL DESTRUCTION OF THE HARD DRIVE OR THROUGH DATA WIPING TO DEPARTMENT
OF DEFENSE STANDARDS (US DOD 5220.22 M - CLEARING AND SANITATION MATRIX)
AND DETAILS ON THE RETAILER/RECYCLER'S COMPLIANCE WITH THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY'S GUIDE ON ENVIRONMENTALLY SOUND MANAGE-
MENT OF ELECTRONIC DEVICES;
C. ANNUAL STATE SALES DATA REGARDING COVERED ELECTRONIC EQUIPMENT SOLD
BY THE RETAILER IN THE STATE, REPORTED BY WEIGHT, FOR THE PREVIOUS THREE
CALENDAR YEARS;
D. A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE RETAILER'S
ELECTRONIC WASTE MANAGEMENT PLAN, INCLUDING AT A MINIMUM: (I) AN INTER-
NET WEBSITE AND A TOLL-FREE TELEPHONE NUMBER THAT PROVIDES SUFFICIENT
INFORMATION TO ALLOW A CONSUMER OF COVERED ELECTRONIC EQUIPMENT TO LEARN
HOW TO RETURN THE COVERED EQUIPMENT FOR RECYCLING OR REUSE AND (II)
ADVERTISEMENTS, IF ANY, AND PRESS RELEASES;
E. A LIST OF THE BRAND NAMES OF COVERED ELECTRONICS OFFERED FOR SALE
BY THE RETAILER, INCLUDING: (I) ANY BRAND NAME UNDER WHICH MANUFACTURERS
SUPPLYING THE RETAILER ASSEMBLE OR SUBSTANTIALLY ASSEMBLE, OR HAVE
ASSEMBLED OR SUBSTANTIALLY ASSEMBLED COVERED ELECTRONIC EQUIPMENT; (II)
ANY BRAND NAME UNDER WHICH MANUFACTURERS SUPPLYING THE RETAILER MANUFAC-
TURE AND SELL, OR HAVE MANUFACTURED AND SOLD, COVERED ELECTRONIC EQUIP-
MENT; (III) ANY BRAND NAME UNDER WHICH MANUFACTURERS SUPPLYING THE
RETAILER SELL OR HAVE SOLD COVERED ELECTRONIC EQUIPMENT PRODUCED BY
ANOTHER PERSON UNDER SUCH MANUFACTURER'S OWN BRAND; (IV) ANY BRAND NAME
THAT THE RETAILER OR ANY MANUFACTURER SUPPLYING THE RETAILER OWNS AND
LICENSES OR HAS LICENSED TO ANOTHER PERSON FOR USE ON COVERED ELECTRONIC
EQUIPMENT; (V) ANY BRAND NAME UNDER WHICH THE RETAILER OR ANY MANUFAC-
TURER SUPPLYING THE RETAILER IMPORTS OR HAS IMPORTED COVERED ELECTRONIC
EQUIPMENT FOR SALE IN THE STATE; AND (VI) ANY BRAND NAME OF COVERED
ELECTRONIC EQUIPMENT OF WHICH THE RETAILER OR ANY MANUFACTURER SUPPLYING
THE RETAILER HAS BECOME THE SUCCESSOR-IN-INTEREST; AND
F. ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
4. THE DEPARTMENT SHALL APPROVE OR DISAPPROVE A PROPOSED ELECTRONIC
WASTE MANAGEMENT PLAN SUBMITTED BY A RETAILER WITHIN ONE HUNDRED EIGHTY
DAYS OF ITS SUBMISSION. IF THE DEPARTMENT APPROVES AN ELECTRONIC WASTE
MANAGEMENT PLAN, IT SHALL EXPEDITIOUSLY NOTIFY THE RETAILER OF THE
APPROVAL IN WRITING. IF THE DEPARTMENT DISAPPROVES AN ELECTRONIC WASTE
A. 6739 6
MANAGEMENT PLAN, IT SHALL EXPEDITIOUSLY NOTIFY THE RETAILER OF THE
DISAPPROVAL IN WRITING AND SPECIFY THE REASONS FOR DISAPPROVAL. THE
RETAILER SHALL HAVE NINETY DAYS TO RESUBMIT AN ELECTRONIC WASTE MANAGE-
MENT PLAN AFTER THE DEPARTMENT NOTIFIES THE RETAILER OF ITS DISAPPROVAL.
THE DEPARTMENT SHALL THEN APPROVE OR DISAPPROVE A RESUBMITTED ELECTRONIC
WASTE MANAGEMENT PLAN WITHIN NINETY DAYS OF RESUBMISSION.
5. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, OR ONE HUNDRED EIGHTY
DAYS AFTER AN ELECTRONIC WASTE MANAGEMENT PLAN IS APPROVED BY THE
DEPARTMENT, WHICHEVER DATE IS LATER, A RETAILER OF COVERED ELECTRONIC
EQUIPMENT MUST FULLY IMPLEMENT THE APPROVED ELECTRONIC WASTE MANAGEMENT
PLAN FOR THE COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED
ELECTRONIC EQUIPMENT OFFERED FOR SALE BY THE RETAILER IN THE STATE AND
GENERATED AS ELECTRONIC WASTE IN THE STATE.
6. A RETAILER MAY SATISFY THE ELECTRONIC WASTE MANAGEMENT PLAN
REQUIREMENTS OF THIS SECTION BY: A. AGREEING TO PARTICIPATE IN A
COLLECTIVE ELECTRONIC WASTE MANAGEMENT PLAN WITH OTHER RETAILERS. ANY
SUCH COLLECTIVE WASTE MANAGEMENT PLAN MUST MEET THE SAME REQUIREMENTS AS
AN ELECTRONIC WASTE MANAGEMENT PLAN SUBMITTED BY AN INDIVIDUAL RETAILER.
ANY COLLECTIVE ELECTRONIC WASTE MANAGEMENT PLAN MUST INCLUDE A LIST OF
RETAILERS THAT ARE PARTICIPATING IN SUCH PLAN ALONG WITH OTHER IDENTIFY-
ING INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT. SUCH PLAN SHALL BE
SUBMITTED TO THE DEPARTMENT ALONG WITH A REGISTRATION FEE OF TEN THOU-
SAND DOLLARS; OR
B. PAYING A FEE WHICH SHALL BE CREDITED TOWARD ELECTRONIC WASTE RECY-
CLING EFFORTS UNDERTAKEN BY THE COUNTY IN WHICH THE RETAILER'S PLACE OF
BUSINESS IS LOCATED. THIS FEE SHALL BE IN AN AMOUNT DETERMINED ON AN
ANNUAL BASIS BY THE COUNTY AND SHALL BE PAID BY THE RETAILER TO THE
COUNTY NO LATER THAN JANUARY FIFTEENTH OF EACH YEAR. ALL MONIES GENER-
ATED FROM SUCH FEES SHALL BE UTILIZED EXCLUSIVELY BY THE COUNTY FOR THE
COSTS OF ELECTRONIC RECYCLING EFFORTS WITHIN THAT COUNTY.
7. A RETAILER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE
DEVELOPMENT AND IMPLEMENTATION OF THE ELECTRONIC WASTE MANAGEMENT PLAN.
S 27-2607. LABELING.
BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, A MANUFACTURER MAY NOT
OFFER FOR SALE IN THE STATE OF NEW YORK OR DELIVER TO RETAILERS FOR
SUBSEQUENT SALE COVERED ELECTRONIC EQUIPMENT UNLESS IT HAS A VISIBLE,
PERMANENT LABEL CLEARLY IDENTIFYING THE MANUFACTURER OF THAT EQUIPMENT.
IN ADDITION, THE MANUFACTURER SHALL PROVIDE A TOLL-FREE TELEPHONE NUMBER
AND INTERNET WEBSITE THAT RETAILERS AND CONSUMERS CAN ACCESS FOR INFOR-
MATION ON HOW COVERED ELECTRONIC EQUIPMENT CAN BE RETURNED FOR RECYCLING
OR REUSE FREE OF CHARGE TO THE CONSUMER.
S 27-2609. DISPOSAL BAN.
1. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, NO RETAILER SHALL
DISPOSE OF COVERED ELECTRONIC EQUIPMENT OR ANY COMPONENT THEREOF IN ANY
SOLID WASTE MANAGEMENT FACILITY IN THIS STATE UNLESS SUCH FACILITY IS
PERMITTED PURSUANT TO THIS ARTICLE TO ACCEPT SUCH WASTE.
2. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN, NO CONSUMER SHALL
PLACE OR DISPOSE OF ANY COVERED ELECTRONIC EQUIPMENT OR ANY COMPONENT
THEREOF IN ANY SOLID WASTE MANAGEMENT FACILITY IN THIS STATE UNLESS SUCH
FACILITY IS PERMITTED PURSUANT TO THIS ARTICLE TO ACCEPT SUCH WASTE.
S 27-2611. ENFORCEMENT.
1. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS
OF THIS TITLE, AND THE PROVISIONS OF THIS TITLE MAY ALSO BE ENFORCED BY
THE ATTORNEY GENERAL, COUNTIES AND A CITY WITH A POPULATION OF ONE
MILLION OR MORE.
A. 6739 7
2. ANY CONSUMER WHO VIOLATES THE PROVISIONS OF SECTION 27-2609 OF THIS
TITLE SHALL BE LIABLE FOR A CIVIL PENALTY OF ONE HUNDRED DOLLARS FOR
EACH VIOLATION.
S 27-2613. PENALTIES.
1. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN, A RETAILER WHO FAILS
TO SUBMIT AN ELECTRONIC WASTE MANAGEMENT PLAN AS REQUIRED BY THIS TITLE
SHALL BE LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS PER DAY FOR
EACH DAY THAT AN ELECTRONIC WASTE MANAGEMENT PLAN IS NOT SUBMITTED.
2. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, A RETAILER WHO
SUBMITS AN ELECTRONIC WASTE MANAGEMENT PLAN THAT IS DISAPPROVED BY THE
DEPARTMENT MORE THAN THREE TIMES SHALL BE LIABLE FOR A CIVIL PENALTY OF
ONE THOUSAND DOLLARS PER DAY FOR EACH DAY THAT AN ELECTRONIC WASTE
MANAGEMENT PLAN IS NOT SUBMITTED AND APPROVED BY THE DEPARTMENT FOLLOW-
ING THE DATE OF SUCH THIRD DISAPPROVAL.
3. ANY RETAILER OR MANUFACTURER WHO VIOLATES ANY PROVISION OF THIS
TITLE SHALL BE LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR
THE FIRST VIOLATION, TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE SECOND
VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD VIOLATION AND SUBSE-
QUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE MONTH PERIOD.
S 27-2615. REPORTING REQUIREMENTS.
1. BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, FOR THE PREVIOUS
CALENDAR YEAR AND ANNUALLY THEREAFTER, A RETAILER THAT OFFERS COVERED
ELECTRONIC EQUIPMENT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE
DEPARTMENT THAT INCLUDES THE FOLLOWING: (I) ANY PROPOSED MODIFICATION TO
THE PREVIOUSLY APPROVED RETAILER ELECTRONIC WASTE MANAGEMENT PLAN FOR
THE COLLECTION, HANDLING AND RECYCLING OR REUSE OF ITS COVERED ELECTRON-
IC EQUIPMENT; (II) SALES DATA REPORTED BY WEIGHT FOR THE RETAILER'S
COVERED ELECTRONIC EQUIPMENT SOLD IN THIS STATE FOR THE PREVIOUS CALEN-
DAR YEAR; (III) THE QUANTITY OF COVERED ELECTRONIC EQUIPMENT COLLECTED
FOR RECYCLING OR REUSE IN THIS STATE, CATEGORIZED BY THE TYPE OF COVERED
ELECTRONIC EQUIPMENT COLLECTED; (IV) INFORMATION ON THE END MARKETS AND
ELECTRONIC RECYCLERS UTILIZED BY THE RETAILER, INCLUDING DETAILS ON THE
METHODS OF COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED ELEC-
TRONIC EQUIPMENT USED BY ELECTRONIC RECYCLERS, DETAILS ON ANY DISASSEM-
BLY OR PHYSICAL RECOVERY OPERATION TO BE USED, THE LOCATIONS OF ANY SUCH
OPERATIONS, AND DETAILS ON THE ELECTRONIC RECYCLER'S COMPLIANCE WITH THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S GUIDE ON ENVIRONMENTALLY
SOUND MANAGEMENT OF ELECTRONIC DEVICES; (V) COSTS AND EXAMPLES OF PUBLIC
EDUCATION INCLUDING THE NUMBER OF VISITS TO THE INTERNET WEBSITE AND
CALLS TO THE TOLL-FREE TELEPHONE NUMBERS PROVIDED BY THE MANUFACTURER AS
PART OF ITS ELECTRONIC WASTE MANAGEMENT PLAN; AND (VI) ANY OTHER INFOR-
MATION AS REQUIRED IN ACCORDANCE WITH DEPARTMENT RULES.
2. THE DEPARTMENT SHALL SUBMIT A REPORT ON IMPLEMENTATION OF THE TITLE
IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY OCTOBER FIRST, TWO
THOUSAND FIFTEEN AND EVERY TWO YEARS THEREAFTER. THE REPORT SHALL
INCLUDE, AT A MINIMUM, AN EVALUATION OF THE RECYCLING AND REUSE RATES IN
THE STATE FOR COVERED ELECTRONIC EQUIPMENT, A DISCUSSION OF COMPLIANCE
AND ENFORCEMENT, RELATED TO THE REQUIREMENTS OF THIS TITLE AND RECOMMEN-
DATIONS FOR ANY CHANGES TO THE SYSTEM OF COLLECTION, HANDLING AND RECY-
CLING OR REUSE OF ELECTRONIC EQUIPMENT IN THIS STATE.
S 27-2617. PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO ELECTRONIC EQUIPMENT RECYCL-
ING IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE.
S 27-2619. CONFIDENTIAL INFORMATION AND TRADE SECRETS.
INFORMATION RELATING TO ELECTRONIC EQUIPMENT SUBMITTED TO THE DEPART-
MENT UNDER THIS TITLE MAY BE DESIGNATED BY THE PERSON SUBMITTING IT AS
A. 6739 8
BEING ONLY FOR THE CONFIDENTIAL USE OF THE DEPARTMENT, ITS AGENTS AND
EMPLOYEES, OTHER STATE AGENCIES, EMPLOYEES OF THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY AND THE ATTORNEY GENERAL OF THE STATE, AND ANY
POLITICAL SUBDIVISION OF THE STATE AND ITS AGENTS AND EMPLOYEES.
S 27-2621. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND IF ANY PROVISION
OF THIS TITLE IS DECLARED TO BE VOID OR INVALID BY A COURT OF COMPETENT
JURISDICTION, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED, BUT SHALL
REMAIN IN FULL FORCE AND EFFECT.
S 3. This act shall take effect immediately.