NY State Senate Bill 2009-S5401

Senate Bill S5401

2009-2010 Legislative Session

Provides for the recycling of certain electronic equipment and provides for extended producer responsibility

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jun 02, 2009	reported and committed to codes
Apr 27, 2009	referred to environmental conservation

co-Sponsors

2009-S5401 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 26 §§27-2601 - 27-2625, §71-2729, En Con L; add §92-t, St Fin L

2009-S5401 (ACTIVE) - Summary

Provides for the recycling of certain electronic equipment and provides for extended producer responsibility.

2009-S5401 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5401

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
electronic equipment recycling; and to amend the state finance law, in
relation to establishing the electronic waste  recycling fund


 PURPOSE :
This bill would establish the electronic equipment recycling and
extended producer responsibility act of 2009. Specifically, the bill
is designed to provide for extended producer responsibility to ensure
the sound recycling of certain electronics products sold in the State.

 SUMMARY OF PROVISIONS :
Section 1. Short Title. "Electronic Equipment Recycling and Extended
Producer Responsibility Act of 2009."

§2. Adds a new title 26 to Article 27 of the Environmental
Conservation Law (ECL) to provide for electronic equipment recycling.
Significant provisions include:  * Covered Electronic devices would
include: desktop or laptop computers, computer monitors, portable
computers, cathode ray tubes or flatpanel based televisions (with a
screen size greater than 4 inches), fax machines, DVD players,
printers, and video cassette recorders.

* Starting June 1st, 2010, manufacturers of Video Display Devices
(VDDs) for sale to will be responsible for registering, paying a fee,
and recycling electronic waste. To meet their recycling goals, they
can work with any of the recyclers serving the State. Parties involved
in the law would register and report their activities, including
collectors, recyclers, and manufacturers of e-waste.

* Recycling targets are based on each manufacturer's current sales of
video display devices, not a share of legacy products collected as
waste. The first year target of 30% of the weight of VDDs sold rises
to 60%, in the second year, and 75% in the fourth and future years.
Penalties for failing to meet recycling goals are assessed as an
increase in registration fees for the next year.

* "Manufacturers have flexibility to create a recycling system that
best meets their needs. Many different approaches have emerged.

§3. Adds a new section 71-2729 to the ECL to provide that a
manufacturer who violates any requirement of title 26 of article 27 of
the ECL must first receive a written warning from the department
including a copy of the requirements and thirty days to correct the
violation. After thirty days, such manufacturer may be assessed a
penalty of up to one thousand dollars for the first violation and up
to two thousand dollars for the second and each subsequent violation.

§4. Adds a new section 92-t to the State Finance Law to provide for a
new "Electronic waste recycling fund." This fund shall consist of all
moneys collected pursuant to title twenty-six of article twenty-seven
of the environmental conservation law.

§5. Provides the effective date.

 EXISTING LAW :
Currently, there is no provision in law relating to producer
responsibility for electronic waste.

 JUSTIFICATION :
Currently seventeen other States have some version of an electronics
waste recycling or extended consumer responsibility statute. Extended
producer responsibility (EPR) is based on the "polluter pays"
principle, entails making manufacturers responsible for the entire
life cycle of the products and packaging they produce. One aim of EPR
policies is to internalize the environmental costs of products into
their price. Another is to shift the economic burden of managing
products that have reached the end of their useful life from local
government and taxpayers to product producers and consumers.

EPR initiatives include product take-back programs, deposit refund
systems, product fees and taxes, and minimum recycled content laws.
EPR puts the onus upon the manufacturer and to many, represents a
mandatory approach. A related approach, Product Stewardship, is
gaining in popularity because of its less regulatory nature and its
recognition that other parties have a role to play.

Product stewardship means that all parties involved in the design,
manufacture, sales, and use of a product take responsibility for
environmental impacts at every stage of that product's life.

Americans throw out just as much trash as 20 years ago. We recycle a
lot more, but recycling alone is not enough. Overuse of resources is
not sustainable-- it is wasteful! Also, it is costly to manage wastes
safely, especially products that contain hazardous or toxic
substances. (In California these costs may be on the order of half a
billion dollars annually.) Local governments need relief from these
costs.

The EPR approach calls for product producers to ensure safe management
of products they produce. This change sends economic signals to the
producers and provides an incentive for producers to find more
economically viable methods of production that lead to fewer hazardous
or toxic substances and less overall waste.  Right now, for most
products, there is not an economic link between production and waste
management costs, and until that link is made through EPR, product
producers have little incentive to change product and packaging
design.

In short, EPR can help fix an environmental problem and provide a more
equitable distribution of costs. EPR can encourage green design and
reductions in disposal, toxic releases and emissions of climate change
gases in order to improve human health and our environment.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
There will be some administrative costs to DEC, but those costs will
be covered by the electronics manufacturers registration fee.

 LOCAL FISCAL IMPLICATIONS :
Electronic waste is the largest growing component of the solid waste
stream. It is cumbersome and expensive to manage.  This bill will
assist local governments by relieving them of the responsibility to
collect and handle electronic waste. Municipal recycling programs will
achieve savings as a result of both reduced and avoided costs.

 EFFECTIVE DATE :
January 1, 2010, with exceptions.

2009-S5401 (ACTIVE) - Bill Text download pdf

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

                                  5401

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to elec-
  tronic equipment recycling; and to amend the  state  finance  law,  in
  relation to establishing the electronic waste  recycling fund

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "electronic equipment recycling and extended producer responsibility
act of 2009".
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 26 to read as follows:
                                TITLE 26
                     ELECTRONIC EQUIPMENT RECYCLING
SECTION 27-2601. DEFINITIONS.
        27-2603. REQUIREMENTS FOR SALE OF COVERED ELECTRONIC DEVICES.
        27-2605. MANUFACTURER RESPONSIBILITY.
        27-2607. RECYCLER'S REPORTING REQUIREMENTS.
        27-2609. COLLECTOR'S REPORTING REQUIREMENTS.
        27-2611. RETAILER RESPONSIBILITY.
        27-2613. DEPARTMENT RESPONSIBILITY.
        27-2615. ELECTRONIC WASTE RECYCLING ACCOUNT.
        27-2617. FEES FOR THE COLLECTION OR RECYCLING OF  COVERED  ELEC-
                   TRONIC DEVICES.
        27-2619. REGULATORY AUTHORITY.
        27-2621. STATE PREEMPTION.
        27-2623. FEDERAL PREEMPTION.
        27-2625. SEVERABILITY.
S 27-2601. DEFINITIONS.
  AS USED IN THIS TITLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09896-05-9

S. 5401                             2

  1.  "COVERED ELECTRONIC DEVICE" A. MEANS A DESKTOP OR LAPTOP COMPUTER,
COMPUTER MONITOR, PORTABLE COMPUTER, PRINTER, CATHODE RAY TUBE OR  FLAT-
PANEL BASED TELEVISION WITH A SCREEN SIZE GREATER THAN FOUR INCHES MEAS-
URED  DIAGONALLY,  FACSIMILE  MACHINES,  DVD  PLAYERS, PERIPHERAL, VIDEO
CASSETTE RECORDERS; AND
  B. SHALL NOT INCLUDE:
  (I)  A  COVERED ELECTRONIC DEVICE THAT IS A PART OF A MOTOR VEHICLE OR
ANY COMPONENT PART OF A MOTOR VEHICLE ASSEMBLED  BY  OR  FOR  A  VEHICLE
MANUFACTURER  OR  FRANCHISED DEALER, INCLUDING REPLACEMENT PARTS FOR USE
IN A MOTOR VEHICLE;
  (II) A COVERED ELECTRONIC DEVICE THAT IS FUNCTIONALLY OR PHYSICALLY  A
PART  OF A LARGER PIECE OF EQUIPMENT DESIGNED AND INTENDED FOR USE IN AN
INDUSTRIAL, COMMERCIAL OR MEDICAL SETTING, INCLUDING  DIAGNOSTIC,  MONI-
TORING OR CONTROL EQUIPMENT;
  (III)  A  COVERED ELECTRONIC DEVICE THAT IS CONTAINED WITHIN A CLOTHES
WASHER, CLOTHES DRYER, REFRIGERATOR, REFRIGERATOR AND FREEZER, MICROWAVE
OVEN, CONVENTIONAL OVEN OR  RANGE,  DISHWASHER,  ROOM  AIR  CONDITIONER,
DEHUMIDIFIER OR AIR PURIFIER; OR
  (IV)  A TELEPHONE OF ANY TYPE, UNLESS IT CONTAINS A VIDEO DISPLAY AREA
GREATER THAN NINE INCHES, MEASURED DIAGONALLY.
  2. "HOUSEHOLD" MEANS AN OCCUPANT OF A SINGLE DETACHED DWELLING UNIT OR
A SINGLE UNIT OF A MULTIPLE DWELLING UNIT WHO HAS USED A  COVERED  ELEC-
TRONIC DEVICE AT A DWELLING UNIT PRIMARILY FOR PERSONAL OR HOME BUSINESS
USE.
  3.  "MANUFACTURER"  MEANS  ANY PERSON WHO, IRRESPECTIVE OF THE SELLING
TECHNIQUE USED, INCLUDING BY MEANS OF REMOTE SALE:
  A. MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES  UNDER  ITS
OWN BRAND FOR SALE;
  B. MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES FOR SALE IN
THIS STATE WITHOUT AFFIXING A BRAND; OR
  C. RESELLS OR RESOLD IN THIS STATE COVERED ELECTRONIC DEVICES PRODUCED
BY OTHER SUPPLIERS UNDER ITS OWN BRAND OR LABEL.
  4.  "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 RESPONSIBILITY, INCLUDING THOSE
NAMES, BRAND NAMES,  AND  BRAND  LABELS  OF  COMPANIES  THAT  HAVE  BEEN
ACQUIRED BY THE MANUFACTURER.
  5.  "PROGRAM  YEAR"  MEANS  A FULL CALENDAR YEAR BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND ELEVEN.
  6. "RECYCLING" MEANS THE PROCESS OF COLLECTING AND  PREPARING  COVERED
ELECTRONIC DEVICES FOR USE IN MANUFACTURING PROCESSES OR FOR RECOVERY OF
USEABLE  MATERIALS FOLLOWED BY DELIVERY OF SUCH MATERIALS FOR USE; RECY-
CLING DOES NOT INCLUDE THE DESTRUCTION BY INCINERATION OR OTHER  PROCESS
OR LAND DISPOSAL OF RECYCLABLE MATERIALS NOR REUSE, REPAIR, OR ANY OTHER
PROCESS THROUGH WHICH COVERED ELECTRONIC DEVICES ARE RETURNED TO USE FOR
HOUSEHOLDS IN THEIR ORIGINAL FORM.
  7. "RECYCLING CREDITS" MEANS THE NUMBER OF POUNDS OF COVERED ELECTRON-
IC  DEVICES  RECYCLED BY A MANUFACTURER FROM HOUSEHOLDS DURING A PROGRAM
YEAR, LESS THE PRODUCT OF THE NUMBER OF  POUNDS  OF  COVERED  ELECTRONIC
DEVICES  SOLD  TO HOUSEHOLDS DURING THE SAME PROGRAM YEAR, MULTIPLIED BY
THE PROPORTION OF SALES A MANUFACTURER IS REQUIRED TO RECYCLE.
  8. "RETAIL SALES" MEANS SALES OF PRODUCTS THROUGH SALES  OUTLETS,  VIA
THE INTERNET, MAIL ORDER OR ANY OTHER MEANS.
  9.  "RETAILER"  MEANS  A  PERSON  WHO OWNS OR OPERATES A BUSINESS THAT
SELLS NEW COVERED ELECTRONIC DEVICES INCLUDING SALES  OUTLETS,  CATALOGS
OR THE INTERNET.

S. 5401                             3

  10.  "SELL"  OR  "SALE"  MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE
INCLUDING, BUT NOT LIMITED  TO,  TRANSACTIONS  CONDUCTED  THROUGH  SALES
OUTLETS,  CATALOGS  OR  THE  INTERNET,  OR ANY OTHER, SIMILAR ELECTRONIC
MEANS EITHER INSIDE OR OUTSIDE OF THIS STATE AND EXCLUDING  LEASES,  BUT
DOES NOT INCLUDE A MANUFACTURER'S OR DISTRIBUTOR'S WHOLESALE TRANSACTION
WITH A DISTRIBUTOR OR RETAILER.
S 27-2603. REQUIREMENTS FOR SALE OF COVERED ELECTRONIC DEVICES.
  NO MANUFACTURER SHALL SELL OR OFFER FOR SALE OR DELIVER TO RETAILERS A
NEW COVERED ELECTRONIC DEVICE IN THIS STATE UNLESS:
  1.  THE  COVERED ELECTRONIC DEVICE IS LABELED, PERMANENTLY AFFIXED AND
READILY VISIBLE; AND
  2. THE MANUFACTURER HAS FILED A REGISTRATION WITH THE DEPARTMENT.
  A. THE DEPARTMENT SHALL  MAINTAIN  AND  DISSEMINATE  A  LIST  OF  EACH
MANUFACTURER REGISTERED, AND A LIST OF MANUFACTURER'S BRANDS AS REPORTED
IN THE MANUFACTURER'S REGISTRATION.
  B.  SUCH  LIST  SHALL BE POSTED ON THE DEPARTMENT WEBSITE AND SHALL BE
UPDATED ON A MONTHLY BASIS.
  C. EVERY PERSON WHO SELLS OR BRINGS  INTO  THIS  STATE  FOR  SALE  ANY
COVERED  ELECTRONIC  DEVICE,  SHALL  REVIEW SUCH LIST PRIOR TO SELLING A
COVERED ELECTRONIC DEVICE IN THIS STATE.
  D. A PERSON IS CONSIDERED TO HAVE COMPLIED WITH THIS  SUBDIVISION  IF,
ON  THE  DATE  A COVERED ELECTRONIC DEVICE WAS ORDERED, THE MANUFACTURER
WAS INCLUDED ON THE LIST MAINTAINED BY THE DEPARTMENT ON ITS WEBSITE  AS
HAVING REGISTERED.
S 27-2605. MANUFACTURER RESPONSIBILITY.
  1. BY JUNE FIRST, TWO THOUSAND TEN, EACH MANUFACTURER OF COVERED ELEC-
TRONIC  DEVICES  OFFERED  FOR SALE IN THIS STATE SHALL REGISTER ANNUALLY
WITH THE DEPARTMENT AND PAY A REGISTRATION FEE OF FIVE THOUSAND DOLLARS.
  A. EACH YEAR THEREAFTER, THE REGISTRATION FEE IS EQUAL TO A  BASE  FEE
OF  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS, PLUS A VARIABLE RECYCLING FEE
CALCULATED ACCORDING TO THE FOLLOWING FORMULA:
  ((A X B)-(C + D)) X E, WHERE:
  (I) A = THE NUMBER OF POUNDS OF A  MANUFACTURER'S  COVERED  ELECTRONIC
DEVICES SOLD TO HOUSEHOLDS DURING THE PREVIOUS PROGRAM YEAR, AS REPORTED
TO THE DEPARTMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
  (II)  B = THE PROPORTION OF SALES OF VIDEO DISPLAY DEVICES REQUIRED TO
BE RECYCLED, SET AT 0.3 FOR THE FIRST PROGRAM YEAR, 0.6 FOR  THE  SECOND
PROGRAM YEAR AND 0.75 FOR THE FOURTH PROGRAM YEAR, AND EVERY YEAR THERE-
AFTER;
  (III)  C = THE NUMBER OF POUNDS OF COVERED ELECTRONIC DEVICES RECYCLED
BY A MANUFACTURER FROM HOUSEHOLDS DURING THE PREVIOUS PROGRAM  YEAR,  AS
REPORTED TO THE DEPARTMENT UNDER THIS SECTION;
  (IV)  D = THE NUMBER OF RECYCLING CREDITS A MANUFACTURER ELECTS TO USE
TO CALCULATE THE VARIABLE RECYCLING FEE, AS REPORTED TO  THE  DEPARTMENT
PURSUANT TO SUBDIVISION THREE OF THIS SECTION; AND
  (V)  E  =  THE ESTIMATED PER-POUND COST OF RECYCLING, INITIALLY SET AT
$0.50 PER POUND FOR MANUFACTURERS WHO RECYCLE LESS THAN FIFTY PERCENT OF
THE PRODUCT (A X B); $0.40 PER POUND FOR MANUFACTURERS  WHO  RECYCLE  AT
LEAST FIFTY PERCENT BUT LESS THAN NINETY PERCENT OF THE PRODUCT (A X B);
AND  $0.30  PER  POUND  FOR  MANUFACTURERS  WHO  RECYCLE AT LEAST NINETY
PERCENT BUT LESS THAN ONE HUNDRED PERCENT OF THE PRODUCT (A X B).
  B. IF THE TERM C - (A X B) EQUALS A POSITIVE NUMBER  OF  POUNDS,  THAT
AMOUNT IS DEFINED AS THE MANUFACTURER'S RECYCLING CREDITS. A MANUFACTUR-
ER MAY RETAIN RECYCLING CREDITS TO BE ADDED, IN WHOLE OR IN PART, TO THE
ACTUAL  VALUE OF C, AS REPORTED UNDER SUBDIVISION THREE OF THIS SECTION,
DURING ANY OF THE THREE SUCCEEDING PROGRAM  YEARS.  A  MANUFACTURER  MAY

S. 5401                             4

SELL  ANY PORTION OR ALL OF ITS RECYCLING CREDITS TO ANOTHER MANUFACTUR-
ER, AT A PRICE NEGOTIATED BY THE PARTIES, WHO MAY USE THE CREDITS IN THE
SAME MANNER.  EACH MANUFACTURER WHO IS REGISTERED SHALL SUBMIT AN ANNUAL
RENEWAL  OF  ITS  REGISTRATION  TO  THE DEPARTMENT BY JANUARY FIRST. THE
REGISTRATION AND ALL RENEWALS SHALL INCLUDE A LIST OF THE MANUFACTURER'S
BRANDS OF COVERED ELECTRONIC DEVICES, INCLUDING ALL BRANDS SOLD  IN  THE
STATE,  ALL BRANDS BEING SOLD IN THE STATE, AND ALL BRANDS FOR WHICH THE
MANUFACTURER HAS LEGAL RESPONSIBILITY PURSUANT  TO  SUBDIVISION  SIX  OF
THIS SECTION.
  2.  A MANUFACTURER MUST ANNUALLY RECYCLE OR ARRANGE FOR THE COLLECTION
AND RECYCLING OF THE NUMBER OF POUNDS OF A MANUFACTURER'S COVERED  ELEC-
TRONIC  DEVICES  SOLD  TO  HOUSEHOLDS  DURING  THE PREVIOUS PROGRAM YEAR
MULTIPLIED BY THE PROPORTION OF SALES OF VIDEO DISPLAY DEVICES  REQUIRED
TO  BE  RECYCLED,  SET  AT  0.3  FOR THE FIRST PROGRAM YEAR, 0.6 FOR THE
SECOND PROGRAM YEAR, AND 0.75 FOR THE FOURTH  PROGRAM  YEAR,  AND  EVERY
YEAR THEREAFTER.
  3.  ON  OR BEFORE JUNE FIRST, TWO THOUSAND ELEVEN, AND ANNUALLY THERE-
AFTER, EACH MANUFACTURER SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT
THAT INCLUDES THE FOLLOWING INFORMATION FOR THE PRIOR CALENDAR YEAR:
  A. THE TOTAL WEIGHT OF EACH SPECIFIC MODEL OF ITS  COVERED  ELECTRONIC
DEVICES SOLD TO HOUSEHOLDS DURING THE PREVIOUS PROGRAM YEAR;
  B.  THE  TOTAL WEIGHT OF ITS COVERED ELECTRONIC DEVICES SOLD TO HOUSE-
HOLDS DURING THE PREVIOUS YEAR; OR
  C. AN ESTIMATE OF THE TOTAL WEIGHT OF ITS COVERED  ELECTRONIC  DEVICES
SOLD  TO  HOUSEHOLDS  DURING THE PREVIOUS PROGRAM YEAR BASED ON NATIONAL
SALES DATA.
  4. A MANUFACTURER SHALL SUBMIT WITH THE  REPORT  REQUIRED  UNDER  THIS
SECTION A DESCRIPTION OF HOW THE INFORMATION OR ESTIMATE WAS CALCULATED.
EACH  MANUFACTURER  MUST  REPORT  TO  THE DEPARTMENT THE TOTAL WEIGHT OF
COVERED ELECTRONIC DEVICES THE MANUFACTURER  COLLECTED  FROM  HOUSEHOLDS
AND  RECYCLED  OR  ARRANGED  TO  HAVE  COLLECTED AND RECYCLED DURING THE
PRECEDING PROGRAM YEAR.
  5. EACH MANUFACTURER MUST SET FORTH  IN  THE  ANNUAL  REPORT  REQUIRED
UNDER  THIS  SECTION INFORMATION ON THE END MARKETS AND ELECTRONIC RECY-
CLERS UTILIZED BY THE MANUFACTURER, INCLUDING DETAILS ON THE METHODS  OF
COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIP-
MENT  USED  BY ELECTRONIC RECYCLERS, DETAILS ON ANY DISASSEMBLY OR PHYS-
ICAL RECOVERY OPERATION TO BE USED, THE  LOCATIONS  OF  ANY  SUCH  OPER-
ATIONS,  AND  DETAILS  ON  THE MANUFACTURER'S COMPLIANCE WITH APPLICABLE
LAWS AND REGULATIONS RELATING TO THE DISPOSITION, RECYCLING AND REUSE OF
COVERED ELECTRONIC EQUIPMENT.
  6. BY SEPTEMBER FIRST OF EACH YEAR, EACH MANUFACTURER SHALL REPORT  TO
THE DEPARTMENT:
  A.  THE NUMBER OF RECYCLING CREDITS THE MANUFACTURER HAS PURCHASED AND
SOLD DURING THE PRECEDING PROGRAM YEAR;
  B. THE NUMBER OF RECYCLING CREDITS POSSESSED BY THE MANUFACTURER  THAT
THE  MANUFACTURER ELECTS TO USE IN THE CALCULATION OF ITS VARIABLE RECY-
CLING FEE UNDER SUBDIVISION ONE OF THIS SECTION; AND
  C. THE NUMBER OF RECYCLING CREDITS THE  MANUFACTURER  RETAINS  AT  THE
BEGINNING OF THE CURRENT PROGRAM YEAR.
  7. ANY PERSON ACQUIRING A MANUFACTURER, OR WHO HAS ACQUIRED A MANUFAC-
TURER  SHALL  HAVE ALL RESPONSIBILITY FOR THE ACQUIRED COMPANY'S COVERED
ELECTRONIC DEVICES, INCLUDING COVERED  ELECTRONIC  DEVICES  MANUFACTURED
PRIOR  TO  THE  EFFECTIVE DATE OF THIS TITLE, UNLESS THAT RESPONSIBILITY
REMAINS WITH ANOTHER ENTITY PER THE PURCHASE AGREEMENT AND THE ACQUIRING

S. 5401                             5

MANUFACTURER PROVIDES THE DEPARTMENT WITH A LETTER FROM THE OTHER ENTITY
ACCEPTING RESPONSIBILITY FOR THE COVERED ELECTRONIC DEVICES.
S 27-2607. RECYCLER'S REPORTING REQUIREMENTS.
  BY  AUGUST  FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND TEN, A RECY-
CLER OF COVERED ELECTRONIC DEVICES SHALL REPORT TO THE  AGENCY  AND  THE
DEPARTMENT  THE  TOTAL  WEIGHT  OF  COVERED  ELECTRONIC DEVICES RECYCLED
DURING THE PRECEDING PROGRAM YEAR AND MUST CERTIFY THAT THE RECYCLER HAS
COMPLIED WITH SECTION 27-2603 OF THIS TITLE.
S 27-2609. COLLECTOR'S REPORTING REQUIREMENTS.
  BY AUGUST FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND TEN, A COLLEC-
TOR MUST REPORT SEPARATELY TO THE AGENCY THE  TOTAL  POUNDS  OF  COVERED
ELECTRONIC DEVICES COLLECTED BY COUNTY.
S 27-2611. RETAILER RESPONSIBILITY.
  1.  BY JANUARY FIRST, TWO THOUSAND ELEVEN, A RETAILER MUST REPORT TO A
MANUFACTURER THE NUMBER OF COVERED ELECTRONIC DEVICES, BY VIDEO  DISPLAY
DEVICE  MODEL,  LABELED WITH THE MANUFACTURER'S BRAND SOLD TO HOUSEHOLDS
DURING THE PREVIOUS PROGRAM YEAR.
  2. A RETAILER WHO SELLS NEW COVERED ELECTRONIC DEVICES  SHALL  PROVIDE
INFORMATION  TO  HOUSEHOLDS  DESCRIBING  WHERE  AND HOW THEY MAY RECYCLE
COVERED ELECTRONIC  DEVICES  AND  ADVISING  THEM  OF  OPPORTUNITIES  AND
LOCATIONS  FOR  THE  CONVENIENT COLLECTION OF COVERED ELECTRONIC DEVICES
FOR THE PURPOSE OF RECYCLING. THIS REQUIREMENT MAY BE MET  BY  PROVIDING
THE DEPARTMENT'S TOLL-FREE NUMBER AND WEBSITE ADDRESS. RETAILERS SELLING
THROUGH  CATALOGS OR THE INTERNET MAY MEET THIS REQUIREMENT BY INCLUDING
THE INFORMATION IN A PROMINENT LOCATION ON THE RETAILER'S WEBSITE.
S 27-2613. DEPARTMENT RESPONSIBILITY.
  1. THE DEPARTMENT SHALL ESTABLISH PROCEDURES FOR:
  A. RECEIPT, MAINTENANCE AND  REVIEW  OF  THE  REGISTRATION  STATEMENTS
FILED  WITH  THE DEPARTMENT UNDER SECTIONS 27-2603, 27-2605, 27-2607 AND
27-2609 OF THIS TITLE; AND
  B. MAKING THE STATEMENTS, CERTIFICATIONS AND  REPORTS  REQUIRED  UNDER
PARAGRAPH  A  OF  THIS  SUBDIVISION  EASILY  AVAILABLE TO MANUFACTURERS,
RETAILERS, AND MEMBERS OF THE PUBLIC.
  2. THE DEPARTMENT SHALL ANNUALLY REVIEW THE  VALUE  OF  THE  FOLLOWING
VARIABLES  THAT  ARE PART OF THE FORMULA USED TO CALCULATE A MANUFACTUR-
ER'S ANNUAL REGISTRATION FEE UNDER SECTION 27-2605 OF THIS TITLE:
  A. THE PROPORTION OF SALES  OF  COVERED  ELECTRONIC  DEVICES  SOLD  TO
HOUSEHOLDS THAT MANUFACTURERS ARE REQUIRED TO RECYCLE;
  B.  THE  ESTIMATED  PER  POUND  PRICE  OF RECYCLING COVERED ELECTRONIC
DEVICES SOLD TO HOUSEHOLDS;
  C. THE BASE REGISTRATION FEE; AND
  D. THE MULTIPLIER ESTABLISHED FOR THE  WEIGHT  OF  COVERED  ELECTRONIC
DEVICES  COLLECTED  IN  SECTION 27-2605 OF THIS TITLE. IF THE DEPARTMENT
DETERMINES THAT ANY OF THESE VALUES MUST BE CHANGED IN ORDER TO  IMPROVE
THE  EFFICIENCY  OR EFFECTIVENESS OF THE ACTIVITIES REGULATED UNDER THIS
ARTICLE OR IF THE REVENUES IN THE  ELECTRONIC  WASTE  RECYCLING  ACCOUNT
EXCEED  THE  AMOUNT  THAT  THE  DEPARTMENT  DETERMINES IS NECESSARY, THE
DEPARTMENT SHALL SUBMIT RECOMMENDED CHANGES AND THE REASONS FOR THEM  TO
THE  CHAIRS  OF  THE  SENATE  AND  ASSEMBLY  COMMITTEES ON ENVIRONMENTAL
CONSERVATION.
S 27-2615. ELECTRONIC WASTE RECYCLING ACCOUNT.
  FEES AND PENALTIES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE  DEPOS-
ITED IN THE ELECTRONIC WASTE RECYCLING FUND ESTABLISHED IN SECTION NINE-
TY-TWO-T  OF  THE  STATE FINANCE LAW. ANY INTEREST EARNED ON THE ACCOUNT
SHALL BE CREDITED TO THE ACCOUNT AND MONEY FROM  OTHER  SOURCES  MAY  BE
CREDITED TO THE ACCOUNT.

S. 5401                             6

S 27-2617. FEES  FOR  THE  COLLECTION OR RECYCLING OF COVERED ELECTRONIC
             DEVICES.
  NO  FEE  OR  CHARGE  SHALL  BE IMPOSED UPON ANY COVERED ENTITY FOR THE
COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED ELECTRONIC DEVICES BY
ANY PERSON OR ENTITY PARTICIPATING IN OR BEING COMPENSATED BY THE STATE-
WIDE PROGRAM OPERATED AND FUNDED BY THE DEPARTMENT OR BY A  MANUFACTURER
FOR  RECYCLING  OR  TAKE-BACK  OR  FOR  ANY OTHER PURPOSE RELATED TO THE
COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED  ELECTRONIC  DEVICES.
PROVIDED,  HOWEVER,  THAT  THIS  SHALL NOT PROHIBIT COLLECTORS PROVIDING
PREMIUM SERVICES FROM  CHARGING  CUSTOMERS  A  FEE  FOR  THE  ADDITIONAL
COLLECTION  COST  OF PROVIDING SUCH SERVICE, WHEN FUNDING FOR COLLECTION
FROM THE STATE-WIDE PROGRAM FUNDED BY THE DEPARTMENT OR A PROGRAM FUNDED
BY A MANUFACTURER DOES NOT FULLY COVER THE COST OF SUCH SERVICE.
S 27-2619. REGULATORY AUTHORITY.
  THE DEPARTMENT MAY ADOPT SUCH RULES AND REGULATIONS AS SHALL BE NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2621. STATE PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO ELECTRONIC EQUIPMENT 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  THE  RECYCLING  OF ELECTRONIC EQUIPMENT RECYCLING SHALL,
UPON THE EFFECTIVE DATE OF THIS TITLE, BE PREEMPTED.  PROVIDED  HOWEVER,
NOTHING  IN  THIS  SECTION SHALL PRECLUDE A PERSON FROM COORDINATING FOR
RECYCLING OR REUSE THE COLLECTION OF ELECTRONIC EQUIPMENT.
S 27-2623. FEDERAL PREEMPTION.
  THIS TITLE SHALL BE DEEMED REPEALED IF A FEDERAL LAW OR A  COMBINATION
OF  FEDERAL  LAWS,  TAKES EFFECT THAT ESTABLISHES A NATIONAL PROGRAM FOR
THE COLLECTION AND RECYCLING OF COVERED ELECTRONIC DEVICES THAT SUBSTAN-
TIALLY MEETS THE INTENT OF THIS  TITLE,  INCLUDING  THE  CREATION  OF  A
FINANCING MECHANISM FOR COLLECTION, TRANSPORTATION, AND RECYCLING OF ALL
COVERED  ELECTRONIC  DEVICES  FROM  HOUSEHOLDS, SMALL BUSINESSES, SCHOOL
DISTRICTS AND NOT-FOR-PROFIT CORPORATIONS IN THE UNITED STATES.
S 27-2625. SEVERABILITY.
  THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND IF ANY PARAGRAPH,
SUBDIVISION, SECTION OR PART 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. The environmental conservation law is amended  by  adding  a  new
section 71-2729 to read as follows:
S 71-2729. ENFORCEMENT OF TITLE 26 OF ARTICLE 27.
  ANY  MANUFACTURER  WHO VIOLATES ANY REQUIREMENT OF TITLE 26 OF ARTICLE
27 OF THIS CHAPTER MUST FIRST RECEIVE A WRITTEN WARNING FROM THE DEPART-
MENT INCLUDING A COPY OF THE REQUIREMENTS AND THIRTY DAYS TO CORRECT THE
VIOLATION.   AFTER THIRTY DAYS, SUCH  MANUFACTURER  MAY  BE  ASSESSED  A
PENALTY  OF UP TO ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP TO
TWO THOUSAND DOLLARS FOR THE SECOND AND EACH  SUBSEQUENT  VIOLATION,  IN
ADDITION TO BEING RESPONSIBLE FOR ANY PAYMENTS REQUIRED IN THIS ARTICLE.
  S  4. The state finance law is amended by adding a new section 92-t to
read as follows:
  S 92-T. ELECTRONIC WASTE RECYCLING FUND. 1. THERE IS HEREBY CREATED IN
THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF  TAXATION
AND FINANCE A FUND TO BE KNOWN AS THE ELECTRONIC WASTE RECYCLING FUND.
  2.  THE  FUND  SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO TITLE
TWENTY-SIX OF ARTICLE TWENTY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW, AND ANY OTHER MONEYS GIFTED OR APPROPRIATED TO THE FUND.

S. 5401                             7

  3.  MONEYS  OF THE FUND SHALL BE MADE AVAILABLE, PURSUANT TO APPROPRI-
ATION, TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO BE USED SOLELY
FOR THE PURPOSES OF IMPLEMENTING AND ENFORCING THE PROVISIONS  OF  TITLE
TWENTY-SIX  OF  ARTICLE  TWENTY-SEVEN  OF THE ENVIRONMENTAL CONSERVATION
LAW.
  S 5. This act shall take effect January 1, 2010 except that:
  (a)  the  department  of  environmental  conservation  is  immediately
authorized to develop any rules and regulations necessary  to  implement
the provisions of this act; and
  (b)  the  department  of  environmental  conservation shall notify the
legislative bill drafting commission upon the occurrence of  the  enact-
ment  of the legislation provided for in section 27-2623 of the environ-
mental conservation law, as added by section two of this act,  in  order
that  the  commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of  the  legislative
law and section 70-b of the public officers law.

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Senate Bill S5401

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Sponsored By

Antoine M. Thompson