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

                                 3593--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, FOLEY, HASSELL-THOMPSON, HUNTLEY, KLEIN,
  PARKER, STAVISKY -- 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

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-
tation  and  recycling  or  proper  disposal  of  discarded rechargeable
batteries.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09754-02-9

              

S. 3593--A                          2

  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. PENALTIES.
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
(II) IMPORTS RECHARGEABLE BATTERIES INTO THE UNITED STATES THAT ARE SOLD
OR DISTRIBUTED IN THE STATE;

S. 3593--A                          3

  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.
  C. RETAILERS IN THE STATE SHALL CONSPICUOUSLY MAINTAIN, AT A  LOCATION
WITHIN THE RETAIL ESTABLISHMENT THAT IS CONVENIENT FOR USE BY CONSUMERS,

S. 3593--A                          4

COLLECTION BOXES OR OTHER SUITABLE RECEPTACLES, SUPPLIED BY THE MANUFAC-
TURER, INTO WHICH CONSUMERS MAY 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 COLLECT, TRANSPORT, AND RECYCLE  RECHARGEABLE
BATTERIES  COLLECTED BY RETAILERS AT THE EXPENSE OF THE BATTERY MANUFAC-
TURER.
  B. SUBMITTANCE TO THE COMMISSIONER OF ANNUAL  REPORTS  CONCERNING  THE
AMOUNT OF RECHARGEABLE BATTERIES RECEIVED AND RECYCLED WITHIN THE STATE,
EITHER  BY NUMBER OR BY WEIGHT; THE COSTS OF SUCH EFFORTS; AND ANY OTHER
RELEVANT INFORMATION AS REQUIRED BY THE COMMISSIONER.
  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 SHALL PROMULGATE ANY RULES AND REGULATIONS NEEDED
TO IMPLEMENT THIS TITLE.
S 27-1811. PENALTIES.
  1. ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION 27-1807  OF  THIS
TITLE  SHALL  BE  LIABLE FOR A CIVIL PENALTY RECOVERABLE IN A PROCEEDING
BEFORE THE ENVIRONMENTAL CONTROL BOARD 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 WHO VIOLATES THE PROVISIONS OF SECTION 27-1809 OF THIS
TITLE SHALL BE LIABLE FOR A CIVIL PENALTY IN  A  PROCEEDING  BEFORE  THE
ENVIRONMENTAL CONTROL BOARD 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 WHO VIOLATES  THE  PROVISIONS  OF  SECTION
27-1809 OF THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY RECOVERABLE IN
A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL BOARD IN THE AMOUNT OF TWO
THOUSAND  DOLLARS  FOR  THE FIRST VIOLATION, FOUR THOUSAND DOLLARS FOR A
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.

S. 3593--A                          5

  S 3. This act shall take effect one year after it shall have become  a
law,  except that section 27-1811 of the environmental conservation law,
as added by section two of this act, shall take effect  eighteen  months
after it shall have become a law.

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

                                 3593--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, FOLEY, HASSELL-THOMPSON, HUNTLEY, KLEIN,
  PARKER, STAVISKY -- 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 commit-
  tee and committed to the Committee on Codes --  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.
                                                           LBD09754-06-9
              

S. 3593--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

S. 3593--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.

S. 3593--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

S. 3593--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.

                            
                    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:

  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 and lead 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 and lead from
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

quality  of  the emissions and residual ash resulting from the incinera-
tion of solid waste at resource recovery facilities, and on  groundwater
quality in those regions where solid waste is disposed at sanitary land-
fill  facilities;  and that the most effective and appropriate method to
promote the reduction of toxic metals from rechargeable battery disposal
is to require the battery industry to accept the financial  responsibil-
ity for the environmentally sound collection, transportation and recycl-
ing 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.
  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. DEFINITIONS.
        27-1805. RECHARGEABLE BATTERY DISPOSAL BAN.
        27-1807. RECHARGEABLE BATTERY RECYCLING PROGRAM.
        27-1809. ENFORCEMENT OF THIS TITLE.
        27-1811. 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. 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
(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 THAT IS AN  INTEGRAL  COMPONENT  OF  AN  ELECTRONIC
DEVICE;
  5.  "RETAILER" MEANS A PERSON, FIRM OR CORPORATION THAT ENGAGES IN THE
SALE OF RECHARGEABLE BATTERIES, OR PRODUCTS CONTAINING  SUCH  BATTERIES,

S. 3593--C                          3

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 27-1805. RECHARGEABLE BATTERY DISPOSAL BAN.
  NO  PERSON  SHALL KNOWINGLY DISPOSE OF RECHARGEABLE BATTERIES AS SOLID
WASTE AT ANY TIME IN THE STATE.
S 27-1807. 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.
  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.
  D.  RETAILERS MUST BE IN COMPLIANCE WITH THE PROVISIONS OF THIS SUBDI-
VISION NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS TITLE.
  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 NINETY DAYS 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

S. 3593--C                          4

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 NINETY 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 27-1809. ENFORCEMENT OF THIS TITLE.
  1. ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION 27-1805  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  27-1803  OF  THIS
TITLE,  WHO  VIOLATES  THE  PROVISIONS  OF SECTION 27-1807 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
27-1803 OF THIS TITLE, WHO VIOLATES THE PROVISIONS OF SECTION 27-1807 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
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 27-1803 OF THIS TITLE, MAY BY SIMILAR
PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
S 27-1811. 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
THERETO, GOVERNING RECHARGEABLE BATTERY RECYCLING SHALL, UPON THE EFFEC-

S. 3593--C                          5

TIVE  DATE  OF  SECTION  27-1805  OF THIS TITLE, BE PREEMPTED; PROVIDED,
HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE A PERSON FROM COOR-
DINATING,  FOR  RECYCLING  OR  REUSE,  THE  COLLECTION  OF  RECHARGEABLE
BATTERIES.
  S  3.  This  act shall take effect immediately; provided, however that
section 27-1805 of the  environmental  conservation  law,  as  added  by
section two of this act, shall take effect on the three hundred sixtieth
day after it shall have become a law.