S T A T E O F N E W Y O R K
________________________________________________________________________
6089
2009-2010 Regular Sessions
I N S E N A T E
July 13, 2009
___________
Introduced by Sen. THOMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
recycling of electronic equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 27-2601 of the environmental
conservation law, as added by a chapter of the laws of 2009 amending the
environmental conservation law relating to the recycling, reuse, and
safe handling of electronic equipment sold in the state of New York, as
proposed in legislative bills numbers S.6047 and A.9049, is amended to
read as follows:
8. "Electronic waste collection site" means a facility at a fixed or
temporary site at which electronic waste is accepted from consumers and
temporarily stored for [not] more than five days in a calendar year
before such waste is transported to an electronic waste consolidation
facility or electronic waste recycling facility. Electronic waste
collection sites include, but are not limited to, dedicated sites and
facilities for the acceptance of electronic waste, and retail stores and
outlets, municipal or private electronic waste collection sites and
not-for-profit donation sites that have agreed to accept electronic
waste.
S 2. Subdivision 1 of section 27-2603 of the environmental conserva-
tion law, as added by a chapter of the laws of 2009 amending the envi-
ronmental conservation law relating to the recycling, reuse, and safe
handling of electronic equipment sold in the state of New York, as
proposed in legislative bills numbers S.6047 and A.9049, is amended to
read as follows:
1. (A) Beginning July first, two thousand ten, a manufacturer of
covered electronic equipment must accept for collection, handling and
recycling or reuse electronic waste for which it is the manufacturer
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14554-01-9
S. 6089 2
[and one piece of electronic waste of any manufacturer's brand, with the
purchase of covered electronic equipment of the same type by a consum-
er]. Such waste shall count toward the amount of electronic waste
required to be accepted pursuant to subdivision four of this section.
(B) BEGINNING JULY FIRST, TWO THOUSAND TEN, A MANUFACTURER OF COVERED
ELECTRONIC EQUIPMENT SHALL PROVIDE AN OPPORTUNITY TO TAKE FOR
COLLECTION, HANDLING AND RECYCLING OR REUSE ONE PIECE OF ELECTRONIC
WASTE OF ANY MANUFACTURER'S BRAND, WITH THE PURCHASE OF COVERED ELEC-
TRONIC EQUIPMENT OF THE SAME TYPE BY A CONSUMER. SUCH WASTE SHALL COUNT
TOWARD THE AMOUNT OF THE ELECTRONIC WASTE REQUIRED TO BE ACCEPTED PURSU-
ANT TO SUBDIVISION FOUR OF THIS SECTION.
S 3. Subdivision 4 of section 27-2605 of the environmental conserva-
tion law, as added by a chapter of the laws of 2009 amending the envi-
ronmental conservation law relating to the recycling, reuse, and safe
handling of electronic equipment sold in the state of New York, as
proposed in legislative bills numbers S.6047 and A.9049, is amended to
read as follows:
4. No later than July first, two thousand ten, a manufacturer shall
not sell or offer for sale electronic equipment in the state unless the
manufacturer has registered with the department and maintains an elec-
tronic waste acceptance program through which the manufacturer, either
directly or through an agent or designee, accepts electronic waste from
consumers in the state for recycling. The manufacturer shall ensure
that retailers are notified of such registration. The manufacturer
shall not impose a fee on consumers for the collection, handling and
recycling or reuse of electronic waste, PROVIDED, HOWEVER, THAT A FEE OR
OTHER CHARGE MAY BE ASSESSED FOR COLLECTION OF THE ELECTRONIC WASTE FOR
RECYCLING OR REUSE FROM ANY CONSUMER HAVING FULL TIME EMPLOYEES.
S 4. Subdivision 8 of section 27-2605 of the environmental conserva-
tion law, as added by a chapter of the laws of 2009 amending the envi-
ronmental conservation law relating to the recycling, reuse, and safe
handling of electronic equipment sold in the state of New York, as
proposed in legislative bills numbers S.6047 and A.9049, is amended to
read as follows:
8. A manufacturer shall be responsible for all costs associated with
the implementation of the electronic waste acceptance program, PROVIDED,
HOWEVER, THAT A FEE OR OTHER CHARGE MAY BE ASSESSED FOR COLLECTION OF
THE ELECTRONIC WASTE FOR RECYCLING OR REUSE FROM ANY CONSUMER HAVING
FULL TIME EMPLOYEES.
S 5. Paragraph (c) of subdivision 1 of section 27-2617 of the environ-
mental conservation law, as added by a chapter of the laws of 2009
amending the environmental conservation law relating to the recycling,
reuse, and safe handling of electronic equipment sold in the state of
New York, as proposed in legislative bills numbers S.6047 and A.9049, is
amended to read as follows:
(c) all quantities of electronic waste reported by the manufacturer
must separately include electronic waste generated by New York state
consumers and electronic waste received from or shipped outside the
state: (i) the quantity, by weight, of electronic waste received direct-
ly from consumers in the state through a mail back program; (ii) the
name and address of each electronic waste collection site, electronic
waste consolidation facility, and electronic waste recycling facility at
which electronic waste from consumers was received on behalf of the
[producer] MANUFACTURER during the preceding calendar year, along with
the quantity, by weight, of electronic waste received; and (iii) the
name and address of each person to whom the [producer] MANUFACTURER sent
S. 6089 3
electronic waste or component materials during the preceding year, along
with the quantity, by weight, of electronic waste or component materials
thereof sent to each such person;
S 6. Paragraph (f) of subdivision 1 of section 27-2617 of the environ-
mental conservation law, as added by a chapter of the laws of 2009
amending the environmental conservation law relating to the recycling,
reuse, and safe handling of electronic equipment sold in the state of
New York, as proposed in legislative bills numbers S.6047 and A.9049, is
amended to read as follows:
(f) the names and locations of electronic waste [recyclers] RECYCLING
FACILITIES utilized by the manufacturer and entities to which electronic
waste is sent for reuse, whether in the state or outside the state,
including details on the methods of recycling or reuse of electronic
waste, any disassembly or physical recovery operation used, and the
environmental management measures implemented by such [recycler] RECYCL-
ING FACILITY or entity;
S 7. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2009 amending the environmental
conservation law relating to the recycling, reuse, and safe handling of
electronic equipment sold in the state of New York, as proposed in
legislative bills numbers S.6047 and A.9049, takes effect.
