NY State Senate Bill 2015-S4522D

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	recommitted to rules
Jun 09, 2016	amended on third reading 4522d
Jun 06, 2016	ordered to third reading cal.1440 committee discharged and committed to rules print number 4522c
Jun 06, 2016	amend and recommit to environmental conservation
May 06, 2016	print number 4522b
May 06, 2016	amend and recommit to environmental conservation
Apr 13, 2016	print number 4522a
Apr 13, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Mar 26, 2015	referred to environmental conservation

Votes

- Jun 6, 2016 - Rules Committee Vote
  S4522D
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Krueger
      
      Seward
      
      excused (1)
      
      Parker

Bill Amendments

Original

D (Active)

2015-S4522 - Details

See Assembly Version of this Bill:: A9921
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S4522, A9921

2015-S4522 - Summary

Relates to establishing a product stewardship program for primary batteries.

2015-S4522 - Sponsor Memo

                                BILL NUMBER:S4522

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to establishing a product stewardship program for primary
batteries

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to require
participation in a battery stewardship plan (recycling plan) by
producers of primary batteries or primary battery-containing products.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Article 27 of the environmental
conservation law by adding a new title 16 that will mandate
participation by producers of primary batteries or primary
battery-containing products in a battery stewardship (recycling) plan.

Section 27-1601 sets forth definition for all terms of this new title
including the definition of primary battery which means a
nonrechargeable battery weighing two kilograms or less, including
alkaline, carbon-zinc, lithium-metal, and other batteries typically
generated as waste.

Section 27-1603 states that the beginning January 1, 2017 a producer
of a primary battery or primary batter-containing product shall not
sell, offer for sale, or deliver to a retailer for subsequent sale a

primary battery or primary battery-containing product unless a
producer or stewardship organization is registered under an approved
and implemented primary battery stewardship plan and the name of the
producer and the producer's brand are designated on the department
website as covered by an approved primary battery stewardship plan.

Beginning September 1, 2016, the primary battery stewardship
organization must file a registration Form with the commissioner on a
registration form that includes a list of producers of primary
Batteries and primary battery-containing products of each producer
participation in the Stewardship organization and the name address and
contact information of a person responsible for ensuring the producers
compliance with this chapter. New producers must also comply with this
title within 90 days after supplying notice to the commissioner of its
intent to sell, offer for sale or offer for promotional purposes a
primary battery or primary battery-containing product.

An exemption to the requirements of this title are provided to
producers whose total retail value of sales of covered batteries is
less than $500.

Section 27-1605 requires that on or before April 1, 2016, each
producer of primary batteries shall individually or as part of a
primary battery stewardship organization submit a primary battery
stewardship plan to the commissioner for review. Each stewardship plan
must provide for the free collection of batteries from consumers and a
producer cannot refuse the collection of a primary battery based on
the brand or manufacturer of the primary battery.

The collection provisions require that all retailers that sell covered
batteries under the plan and municipalities to opt to be a collection


facility; to provide no fewer than two collection facilities in each
county of the state; and to provide for the acceptance from a consumer
of up to twenty batteries per visit or more at the facility's
agreement.

The battery stewardship plan must also include provisions for
education and outreach programs including media advertising, retail
displays and other public education efforts which at a minimum notify
the public that there is a free collection program for all primary
batteries and the location of the collection points and how to access
the collection program.

The plan must also include reimbursement procedures for another
primary battery producer or stewardship organization with an approved
plan for the actual direct costs per unit of weight incurred in
collecting the brands or products of the producer submitting the plan.

The plan must include implementation provisions which provide for
implementation of the program at no cost to retailers or
municipalities acting as collection facilities under the program and
the producer must provide the collection facilities with the necessary
equipment for setting up the collection point and for providing the
pickup of collected primary batteries.

Section 27-1607 requires the submission of an annual report beginning
on or before April 1, 2018 and requires a plan audit once every five
years done by an independent third party auditor.

Section 27-1609 sets forth the requirements for a primary battery
stewardship organization which must, in order to qualify as a
stewardship organization, commit to assume the responsibilities,
obligations, and liabilities of all producers participating in the
organization, not create unreasonable barrier for participation by
producers and maintain a public website that lists all producers and
brands covered by the collection plan. The stewardship organization
must register with the commissioner annually beginning on January 1,
2016.

Section 27-1611 requires the commissioner to determine whether the
plan complies with the requirements of Section 27-1605 within 90 days
after receipt of the plan and must publish all proposed and approved
plans on the department's website. The commissioner must also make the
plans available for public review and comment prior to approval of the
plan. The term of the stewardship plan shall be no more than 5 years.

Section 27-1613 imposes obligations on the retailers including the
requirement that no primary battery or primary battery-containing
product unless the retailer has reviewed the department's website to
determine that the producer in implementing an approved collection
plan or is part of a product stewardship organization. The retailer is
also provided with certain exceptions to these requirements with
regard to inventory and in situations where the producer's
registration is expired or revoked after the retailer took possession
of the primary batteries.

Section 27-1615 addresses confidentiality of certain portions of data
that is covered by exemptions to the freedom of information law. This


section also states that total weight of batteries collected is not
confidential business information exempted under the freedom of
information law.

Section 27-1617 sets forth authorized activity not subject to the
state's antitrust, restraint of trade, and unfair trade practice laws
or other trade or commerce regulations to the extent reasonably
necessary to plan, implement and comply with the chosen system for
managing discarded primary batteries. However, this authorized
activity is not applicable to agreements amongst producers, retailers,
wholesalers or stewardship organizations that affect pricing of
primary batteries or primary battery-containing products.

Section 27-1619 sets forth administrative fees to be assessed annually
to producers of stewardship organizations in the amount of $15,000.

Section 27-1621 creates a private right of action for producers of
primary battery stewardship organizations to bring a civil action
against another producer or stewardship organization for damages when
the plaintiff incurs more than $3,000 in actual direct costs
collecting, handling, recycling or disposing of primary batteries sold
or offered for sale by another producer. A private right of action is
also created for a producer or stewardship organization when
reimbursement requests are ignored or payment is not made.

Section 27-1623 sets forth reimbursement provisions, audit requests
and private right of action to bona fide rechargeable battery
stewardship programs for direct costs incurred in the collection of
primary batteries.

Section 27-1625 sets forth a civil penalty of not more than $1,000 per
day for each day of noncompliance with this title.

Section 27-1627 addresses rulemaking authority of the commissioner.

Section 2 of the bill amends subdivision 2 of section 3-0301 of the
environmental conservation law by adding a new paragraph dd giving the
department and the commissioner authority to enforce a product
stewardship program.

Section 3 of the bill sets forth an immediate effective date.

JUSTIFICATION:  In 2010, New York State implemented the "Rechargeable
Battery Law" which recognized that these batteries contained toxic
metals such as cadmium and lead and called for a program of recycling
to prevent exposure to the environment from lead and acid
contamination which could cause serious public health consequences.

It is time for the State to recognize that primary batteries also
contain dangerous and toxic metals which not only create excessive
waste from their disposal but can also create long term and serious
dangers to the environment caused by their improper disposal into
landfills, etc. Although most household batteries no longer contain
dangerous mercury, there are other heavy metal components including
zinc, lead, cadmium, and nickel and manganese which can contaminate
the environment when primary batteries containing these metals are
disposed of improperly. According the United States Environmental


Protection Agency, "when incinerated, certain metals might be released
into the air or can concentrate in the ash produced by the combustion
process." In California and in various countries in Europe, all
batteries are considered hazardous waste when discarded and/or are
required to be separated from regular domestic waste when discarded.

Improper disposal of primary batteries presents an unnecessary impact
on the environment that can be easily addressed by implementing a
primary battery recycling program.

In addition, according to the Corporation for Battery Recycling,
batteries that contain metals such as zinc, steel and manganese can be
recycled for use in other applications and this in turn can "reduce
the mining and refining of zinc, iron and manganese ore" providing yet
another benefit to the environment.

It is time for New York State to join states like Vermont and
Connecticut in implementing mandatory "single use" battery recycling
laws

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  This act shall take effect immediately

2015-S4522 - Bill Text download pdf

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

                                  4522

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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
  establishing a product stewardship program for primary batteries

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 16 to read as follows:
                                TITLE 16
                           PRODUCT STEWARDSHIP
                          FOR PRIMARY BATTERIES
SECTION 27-1601. DEFINITIONS
        27-1603. SALE OF PRIMARY BATTERY OR  PRIMARY  BATTERY-CONTAINING
                   PRODUCT; STEWARDSHIP ORGANIZATION REGISTRATION.
        27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
        27-1607. ANNUAL REPORT; PLAN AUDIT.
        27-1609. PRIMARY  BATTERY STEWARDSHIP ORGANIZATION; REQUIREMENTS
                   REGISTRATION.
        27-1611. AGENCY RESPONSIBILITIES; APPROVAL OF PLANS.
        27-1613. RETAILER OBLIGATIONS.
        27-1615. CONFIDENTIALITY OF SUBMITTED DATA.
        27-1617. ANTITRUST; CONDUCT AUTHORIZED.
        27-1619. ADMINISTRATIVE FEE.
        27-1621. PRIVATE RIGHT OF ACTION.
        27-1623. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS.
        27-1625. PENALTIES.
        27-1627. RULEMAKING; PROCEDURE.
S 27-1601. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04566-01-5

S. 4522                             2

  2.  "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
FIES:
  A.  A  PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO THE OWNER
OR LICENSEE OF THE BRAND AS THE PRODUCER; OR
  B. A PRIMARY BATTERY-CONTAINING PRODUCT  AND  ATTRIBUTES  THE  PRIMARY
BATTERY TO THE OWNER OR LICENSEE OF THE PRIMARY BATTERY-CONTAINING PROD-
UCT AS THE PRODUCER.
  3.  "CALENDAR  YEAR"  MEANS  THE  PERIOD  COMMENCING JANUARY FIRST AND
ENDING DECEMBER THIRTY-FIRST OF THE SAME CALENDAR YEAR.
  4. "COLLECTION RATE" MEANS A PERCENTAGE BY WEIGHT THAT  EACH  PRODUCER
OR  STEWARDSHIP  ORGANIZATION  COLLECTS  BY  AN  ESTABLISHED  DATE.  THE
COLLECTION RATE SHALL BE CALCULATED BY WEIGHT BASED ON THE PERCENTAGE OF
PRIMARY  BATTERIES,  INCLUDING  PRIMARY  BATTERIES  TAKEN  FROM  PRIMARY
BATTERY-CONTAINING  PRODUCTS, THAT ARE COLLECTED DURING A CALENDAR YEAR,
AS COMPARED TO THE AVERAGE WEIGHT OF PRIMARY BATTERIES, INCLUDING  THOSE
IN PRIMARY BATTERY-CONTAINING PRODUCTS, THAT WERE ESTIMATED TO HAVE BEEN
SOLD  IN  THE STATE BY PARTICIPATING PRODUCERS DURING THE THREE PREVIOUS
CALENDAR YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY  BE
BASED ON A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
  5.  "CONSUMER" MEANS ANY PERSON WHO PRESENTS OR DELIVERS ANY NUMBER OF
PRIMARY BATTERIES TO A  COLLECTION  FACILITY  THAT  IS  INCLUDED  IN  AN
APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  6.  "DISCARDED  PRIMARY  BATTERY"  MEANS  A PRIMARY BATTERY THAT IS NO
LONGER USED FOR ITS MANUFACTURED PURPOSE.
  7. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
  8. "PRIMARY BATTERY" MEANS  A  NONRECHARGEABLE  BATTERY  WEIGHING  TWO
KILOGRAMS  OR  LESS, INCLUDING ALKALINE, CARBON-ZINC, LITHIUM METAL, AND
OTHER BATTERIES TYPICALLY GENERATED AS WASTE.
  9.  "PRIMARY  BATTERY-CONTAINING  PRODUCT"  MEANS  A  PRIMARY  BATTERY
CONTAINED  IN OR PACKED WITH PRODUCTS SUCH AS CAMERAS, WATCHES, CALCULA-
TORS, FLASHLIGHTS, LANTERNS, PORTABLE RADIOS, TOYS, AND CLOCKS.  "PRIMA-
RY BATTERY-CONTAINING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
  A. A PRIMARY BATTERY THAT IS SOLD IN A COVERED ELECTRONIC DEVICE;
  B. A PRIMARY BATTERY THAT IS NOT EASILY REMOVABLE OR IS  NOT  INTENDED
OR  DESIGNED  TO BE REMOVED FROM THE PRODUCT, OTHER THAN BY THE MANUFAC-
TURER; OR
  C. A PRIMARY BATTERY THAT IS SOLD OR  USED  IN  AN  IMPLANTED  MEDICAL
DEVICE.
  10.  "PRIMARY BATTERY STEWARDSHIP ORGANIZATION" OR "STEWARDSHIP ORGAN-
IZATION" MEANS AN ORGANIZATION APPOINTED BY ONE OR MORE PRODUCERS TO ACT
AS AN AGENT ON BEHALF OF A PRODUCER  OR  PRODUCERS  TO  DESIGN,  SUBMIT,
IMPLEMENT  AND  ADMINISTER A PRIMARY BATTERY STEWARDSHIP PLAN UNDER THIS
TITLE.
  11. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN  SUBMIT-
TED  TO THE COMMISSIONER PURSUANT TO SECTION 27-1605 OF THIS TITLE BY AN
INDIVIDUAL PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGANIZATION.
  12. A. "PRODUCER" MEANS ONE OF THE FOLLOWING WITH REGARD TO A  PRIMARY
BATTERY  OR  A  PRIMARY BATTERY-CONTAINING PRODUCT THAT IS SOLD, OFFERED
FOR SALE, OR DISTRIBUTED IN THE STATE:
  (I) A PERSON WHO MANUFACTURES A PRIMARY BATTERY, OR A PRIMARY  BATTER-
Y-CONTAINING  PRODUCT,  AND  WHO  SELLS, OFFERS FOR SALE, OR DISTRIBUTES
THAT PRIMARY BATTERY, OR THAT PRIMARY BATTERY-CONTAINING PRODUCT, IN THE
STATE UNDER THE PERSON'S OWN NAME OR BRAND;
  (II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT  APPLY,  A  PERSON
WHO  OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY BATTERY

S. 4522                             3

OR PRIMARY BATTERY-CONTAINING PRODUCT IS  SOLD,  OFFERED  FOR  SALE,  OR
DISTRIBUTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED; OR
  (III)  IF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DO NOT APPLY, A
PERSON WHO IMPORTS A PRIMARY BATTERY  OR  A  PRIMARY  BATTERY-CONTAINING
PRODUCT INTO THE STATE FOR SALE OR DISTRIBUTION.
  B.  "PRODUCER" SHALL NOT MEAN A PERSON WHO MANUFACTURES, SELLS, OFFERS
FOR SALE OR IMPORTS A PRIMARY BATTERY-CONTAINING PRODUCT IN THE STATE IF
THAT PERSON:
  (I) AFFIRMS THAT IT ONLY USES PRIMARY BATTERIES SUPPLIED BY A PRODUCER
PARTICIPATING IN AN APPROVED BATTERY STEWARDSHIP PROGRAM; AND
  (II) REPORTS TO THE  COMMISSIONER  THE  ESTIMATED  NUMBER  OF  PRIMARY
BATTERIES  IN THE PERSON'S PRIMARY BATTERY-CONTAINING PRODUCTS ESTIMATED
TO BE SOLD IN THE STATE. ESTIMATES OF  PRIMARY  BATTERIES  CONTAINED  IN
PRIMARY  BATTERY-CONTAINING PRODUCTS SOLD IN THE STATE MAY BE BASED ON A
REASONABLE PRO RATA CALCULATION OF NATIONAL SALES OF THE PRIMARY BATTER-
Y-CONTAINING PRODUCTS.
  13. "PROGRAM" OR  "STEWARDSHIP  PROGRAM"  MEANS  THE  SYSTEM  FOR  THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  14. A. "RECHARGEABLE BATTERY" MEANS:
  (I)  ONE  OR MORE VOLTAIC OR GALVANIC CELLS, ELECTRICALLY CONNECTED TO
PRODUCE ELECTRIC ENERGY AND DESIGNED TO BE RECHARGED AND  WEIGHING  LESS
THAN ELEVEN POUNDS; OR
  (II)  A  BATTERY  PACK  DESIGNED TO BE RECHARGED THAT WEIGHS LESS THAN
ELEVEN POUNDS AND THAT IS DESIGNED TO  PROVIDE  LESS  THAN  FORTY  VOLTS
DIRECT CURRENT.
  B. "RECHARGEABLE BATTERY" SHALL NOT MEAN:
  (I)  A  BATTERY  THAT  IS  NOT  EASILY REMOVABLE OR IS NOT INTENDED OR
DESIGNED TO BE REMOVED FROM THE  COVERED  PRODUCT,  OTHER  THAN  BY  THE
MANUFACTURER;
  (II) A BATTERY THAT CONTAINS ELECTROLYTE AS A FREE LIQUID; OR
  (III)  A  BATTERY  OR  BATTERY PACK THAT EMPLOYS LEAD-ACID TECHNOLOGY,
UNLESS THE BATTERY OR BATTERY PACK:
  (1) IS SEALED;
  (2) CONTAINS NO LIQUID ELECTROLYTE; AND
  (3) IS INTENDED BY ITS MANUFACTURER TO POWER A HANDHELD DEVICE  OR  TO
PROVIDE  UNINTERRUPTED BACKUP ELECTRICAL POWER PROTECTION FOR STATIONARY
CONSUMER PRODUCTS OR STATIONARY OFFICE EQUIPMENT.
  15. "RECHARGEABLE BATTERY STEWARD" MEANS A PERSON WHO:
  A. MANUFACTURES A RECHARGEABLE BATTERY OR A RECHARGEABLE PRODUCT  THAT
IS  SOLD,  OFFERED  FOR  SALE, OR DISTRIBUTED IN THE STATE UNDER ITS OWN
BRAND NAMES;
  B. OWNS OR LICENSES A TRADEMARK OR BRAND UNDER  WHICH  A  RECHARGEABLE
BATTERY  OR  RECHARGEABLE PRODUCT IS SOLD, OFFERED FOR SALE, OR DISTRIB-
UTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED; OR
  C. IF PARAGRAPHS A AND B OF THIS SUBDIVISION DO NOT APPLY,  IMPORTS  A
RECHARGEABLE  BATTERY OR RECHARGEABLE PRODUCT INTO THE STATE FOR SALE OR
DISTRIBUTION.
  16. "RECHARGEABLE PRODUCT" MEANS A PRODUCT THAT CONTAINS OR  IS  PACK-
AGED  WITH  A  RECHARGEABLE  BATTERY  AT  THE  TIME THE PRODUCT IS SOLD,
OFFERED FOR SALE, OR DISTRIBUTED IN THE  STATE.  "RECHARGEABLE  PRODUCT"
SHALL NOT MEAN:
  A. A PRODUCT FROM WHICH A RECHARGEABLE BATTERY IS NOT EASILY REMOVABLE
OR  IS  NOT  INTENDED  OR DESIGNED TO BE REMOVED FROM THE PRODUCT, OTHER
THAN BY THE MANUFACTURER; OR

S. 4522                             4

  B. AN IMPLANTED MEDICAL DEVICE, AS THAT TERM IS DEFINED IN THE FEDERAL
FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. S 321(H), AS AMENDED.
  17.  "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS, AND BY-PRODUCTS ARE TRANSFORMED INTO  NEW  USABLE  OR  MARKETABLE
MATERIALS  IN  A  MANNER  IN  WHICH THE ORIGINAL PRODUCTS MAY LOSE THEIR
IDENTITY, BUT DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY  GENERATION  BY
MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
OR WITHOUT OTHER WASTE PRODUCTS.
  18. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY OR A PRIMA-
RY  BATTERY-CONTAINING  PRODUCT  FOR SALE TO ANY CONSUMER OR BUSINESS AT
RETAIL IN THE STATE THROUGH ANY MEANS, INCLUDING REMOTE  OFFERINGS  SUCH
AS SALES OUTLETS, CATALOGUES, OR AN INTERNET WEBSITE.
S 27-1603. SALE  OF  PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING PROD-
             UCT; STEWARDSHIP ORGANIZATION REGISTRATION.
  1. SALE PROHIBITED. BEGINNING JANUARY FIRST, TWO  THOUSAND  SEVENTEEN,
EXCEPT  AS  SET FORTH UNDER THIS SUBDIVISION AND SUBDIVISION TWO OF THIS
SECTION, A PRODUCER OF A PRIMARY BATTERY OR  PRIMARY  BATTERY-CONTAINING
PRODUCT  SHALL  NOT  SELL,  OFFER FOR SALE, OR DELIVER TO A RETAILER FOR
SUBSEQUENT SALE A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING  PRODUCT
UNLESS ALL OF THE FOLLOWING HAS BEEN MET:
  A.  THE  PRODUCER  OR  STEWARDSHIP ORGANIZATION IS REGISTERED UNDER AN
APPROVED AND IMPLEMENTED PRIMARY BATTERY STEWARDSHIP PLAN;
  B. THE PRODUCER OR STEWARDSHIP ORGANIZATION HAS  PAID  THE  FEE  UNDER
SECTION 27-1619 OF THIS TITLE; AND
  C. THE NAME OF THE PRODUCER AND THE PRODUCER'S BRAND ARE DESIGNATED ON
THE  DEPARTMENT  WEBSITE  AS  COVERED  BY  AN  APPROVED  PRIMARY BATTERY
STEWARDSHIP PLAN.
  2. PRIMARY BATTERY STEWARDSHIP ORGANIZATION REGISTRATION REQUIREMENTS.
BEGINNING SEPTEMBER FIRST, TWO THOUSAND SIXTEEN, AND ANNUALLY  THEREAFT-
ER,  A  STEWARDSHIP ORGANIZATION SHALL FILE A REGISTRATION FORM WITH THE
COMMISSIONER. THE COMMISSIONER SHALL PROVIDE THE REGISTRATION FORM TO  A
STEWARDSHIP ORGANIZATION. THE REGISTRATION FORM SHALL INCLUDE:
  A.  A  LIST  OF THE PRODUCERS OF PRIMARY BATTERIES AND PRIMARY BATTERY
CONTAINING PRODUCTS PARTICIPATING IN THE STEWARDSHIP ORGANIZATION;
  B. A LIST OF THE BRANDS  OF  PRIMARY  BATTERIES  AND  PRIMARY  BATTERY
CONTAINING  PRODUCTS  OF  EACH PRODUCER PARTICIPATING IN THE STEWARDSHIP
ORGANIZATION; AND
  C. THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON  RESPONSIBLE
FOR ENSURING THE PRODUCER'S COMPLIANCE WITH THIS CHAPTER.
  3.  NEW  PRODUCERS.  A PRODUCER WHO, AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN, SEEKS TO  SELL,  OFFER  FOR  SALE,  OR  OFFER  FOR  PROMOTIONAL
PURPOSES  IN  THE  STATE A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING
PRODUCT NOT PREVIOUSLY SOLD IN THE STATE, SHALL NOTIFY THE  COMMISSIONER
PRIOR TO SELLING OR OFFERING A PRODUCT NOT COVERED BY A STEWARDSHIP PLAN
IN THE STATE. THE COMMISSIONER SHALL LIST A PRODUCER WHO SUPPLIES NOTICE
UNDER  THIS SUBDIVISION AS A "NEW PRODUCER" ON THE DEPARTMENT'S WEBSITE.
A PRODUCER THAT SUPPLIES NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY
DAYS TO EITHER JOIN AN EXISTING PRIMARY BATTERY STEWARDSHIP ORGANIZATION
OR TO SUBMIT A PRIMARY BATTERY STEWARDSHIP  PLAN  FOR  APPROVAL  TO  THE
STATE.
  4. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES,  OR IMPORTS IN THE STATE PRIMARY BATTERIES OR PRIMARY BATTERY-CON-
TAINING PRODUCTS WITH A TOTAL RETAIL VALUE OF  LESS  THAN  FIVE  HUNDRED
DOLLARS SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE.
S 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.

S. 4522                             5

  1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
FIRST, TWO THOUSAND SIXTEEN, EACH PRODUCER SELLING, OFFERING  FOR  SALE,
OR  OFFERING  FOR  PROMOTIONAL  PURPOSES  A  PRIMARY  BATTERY OR PRIMARY
BATTERY-CONTAINING PRODUCT IN THE STATE SHALL INDIVIDUALLY OR AS PART OF
A  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION  SUBMIT A PRIMARY BATTERY
STEWARDSHIP PLAN TO THE COMMISSIONER FOR REVIEW.
  2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY BATTERY STEWARDSHIP PLAN SHALL INCLUDE, AT  A  MINIMUM,  ALL  OF  THE
FOLLOWING ELEMENTS:
  A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
  (I)  ALL  PARTICIPATING  PRODUCERS AND CONTACT INFORMATION FOR EACH OF
THE PARTICIPATING PRODUCERS; AND
  (II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
  B. FREE  COLLECTION.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN  SHALL
PROVIDE  FOR  THE FREE COLLECTION OF PRIMARY BATTERIES FROM CONSUMERS. A
PRODUCER SHALL NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY  BASED  ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
  C.  COLLECTION;  CONVENIENCE.  EACH  PRIMARY  BATTERY STEWARDSHIP PLAN
SHALL:
  (I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING PRODUCTS COVERED UNDER THE PLAN AND ALL  MUNICIPALITIES  TO
OPT TO BE A COLLECTION FACILITY;
  (II) PROVIDE, AT A MINIMUM, NO FEWER THAN TWO COLLECTION FACILITIES IN
EACH COUNTY IN THE STATE; AND
  (III)  PROVIDE  FOR  THE  ACCEPTANCE  FROM  A CONSUMER OF UP TO TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
  D. METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN  SHALL
INCLUDE  A  DESCRIPTION  OF  THE METHOD THAT WILL BE USED TO RESPONSIBLY
MANAGE DISCARDED PRIMARY BATTERIES TO ENSURE THAT THE COMPONENTS OF  THE
DISCARDED  PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND TECHNICALLY
FEASIBLE, ARE RECYCLED.
  E. ROLES AND RESPONSIBILITIES.  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:
  (I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES  UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT INFORMATION
FOR EACH FACILITY;
  (II) THE NAME AND CONTACT INFORMATION OF A TRANSPORTER  OR  CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
  (III)  THE  NAME,  ADDRESS,  AND  CONTACT INFORMATION OF THE RECYCLING
FACILITIES THAT PROCESS  THE  COLLECTED  PRIMARY  BATTERIES  OR  PRIMARY
BATTERY-CONTAINING PRODUCTS.
  F.  EDUCATION  AND  OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE  EDUCATION  AND  OUTREACH
PROGRAM  MAY  INCLUDE  MEDIA  ADVERTISING,  RETAIL DISPLAYS, ARTICLES IN
TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC  EDUCATIONAL
EFFORTS.  THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM  TO  BUSI-
NESSES,  MUNICIPALITIES, RETAILERS, WHOLESALERS, AND HAULERS. AT A MINI-
MUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE PUBLIC  OF  THE
FOLLOWING:
  (I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND

S. 4522                             6

  (II)  THE  LOCATION  OF  COLLECTION  POINTS  AND  HOW  TO  ACCESS  THE
COLLECTION PROGRAM.
  G. REIMBURSEMENT.
  (I) A PRIMARY BATTERY STEWARDSHIP PLAN SHALL INCLUDE A PROCEDURE UNDER
WHICH THE PRODUCER OR STEWARDSHIP ORGANIZATION SUBMITTING THE PLAN SHALL
REIMBURSE  ANOTHER  PRIMARY BATTERY PRODUCER OR STEWARDSHIP ORGANIZATION
WITH AN APPROVED PLAN FOR THE ACTUAL DIRECT COSTS  PER  UNIT  OF  WEIGHT
INCURRED IN COLLECTING THE BRANDS OR PRODUCTS OF THE PRODUCER SUBMITTING
THE PLAN. DIRECT COSTS INCLUDE COSTS OF COLLECTION, TRANSPORT, RECYCLING
AND  OTHER  ACTUAL  ENVIRONMENTAL  MANAGEMENT  COSTS, PLUS AN ADDITIONAL
NEGOTIATED AMOUNT NOT TO EXCEED TEN  PERCENT  TO  REFLECT  A  REASONABLE
CONTRIBUTION  FOR  INDIRECT  COSTS, INCLUDING PERMITTING FEES, OVERHEAD,
PERSONNEL COSTS, ADMINISTRATION, INSURANCE, LEGAL OR  ACCOUNTING  COSTS,
EDUCATION AND OUTREACH, OR ANY OTHER COSTS.
  (II)  A  PRODUCER  OR  PRIMARY  BATTERY  STEWARDSHIP ORGANIZATION THAT
RECEIVES A REQUEST FOR REIMBURSEMENT MAY, PRIOR TO  PAYMENT  AND  WITHIN
THIRTY  DAYS  OF  RECEIPT  OF  THE REQUEST FOR REIMBURSEMENT, REQUEST AN
INDEPENDENT AUDIT OF SUBMITTED REIMBURSEMENT COSTS. IF  THE  INDEPENDENT
AUDIT  CONFIRMS  THE  REASONABLENESS  OF  THE REIMBURSEMENT REQUEST, THE
PRODUCER OR PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION  REQUESTING  THE
AUDIT SHALL PAY THE COST OF THE AUDIT.
  3.  IMPLEMENTATION. A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION SHALL INCLUDE PROVISIONS IN THE PLAN FOR THE  IMPLEMENTATION  OF
THE  PROGRAM  IN  CONJUNCTION  WITH  THOSE  RETAILERS AND MUNICIPALITIES
ACTING AS COLLECTION FACILITIES UNDER A PROGRAM. IMPLEMENTATION  OF  THE
PROGRAM  SHALL  BE  AT  NO COST TO RETAILERS OR MUNICIPALITIES ACTING AS
COLLECTION FACILITIES UNDER A PROGRAM. A PRODUCER OR A  PRIMARY  BATTERY
STEWARDSHIP  ORGANIZATION  SHALL  PROVIDE  RETAILERS  AND MUNICIPALITIES
ACTING AS COLLECTION FACILITIES PRODUCTS OR EQUIPMENT FOR SETTING  UP  A
COLLECTION  POINT  AND FOR PROVIDING FOR THE PICKUP OF COLLECTED PRIMARY
BATTERIES, INCLUDING ARRANGING  FOR  THE  MANAGEMENT  OF  THOSE  PRIMARY
BATTERIES.
S 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND EIGHTEEN, AND
ANNUALLY  THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION SHALL SUBMIT A REPORT TO  THE  COMMISSIONER  THAT  CONTAINS  THE
FOLLOWING:
  A.  THE  WEIGHT  OF PRIMARY BATTERIES COLLECTED BY THE PRODUCER OR THE
STEWARDSHIP ORGANIZATION IN THE PRIOR CALENDAR YEAR;
  B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
  C. SPECIFIES THE COLLECTION FACILITIES THAT  FAILED  IN  THE  PREVIOUS
CALENDAR  YEAR  TO  COLLECT A MINIMUM OF ONE HUNDRED POUNDS BY WEIGHT OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
NATED FROM THE PRODUCER OR A PRIMARY BATTERY STEWARDSHIP  ORGANIZATION'S
PLAN;
  D.  THE  LOCATIONS  FOR  ALL COLLECTION POINTS SET UP BY THE PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
  E. EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO  INCREASE
COLLECTION;
  F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
  G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
  H.  THE  COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE COSTS OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
  2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN

S. 4522                             7

COLLECTING AND RECYCLING  PRIMARY  BATTERIES.  THE  INDEPENDENT  AUDITOR
SHALL  EXAMINE  THE  COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
THAT OF COLLECTION PROGRAMS FOR PRIMARY  BATTERIES  IN  OTHER  JURISDIC-
TIONS.    THE  INDEPENDENT  AUDITOR  SHALL  MAKE  RECOMMENDATIONS TO THE
COMMISSIONER ON WAYS TO INCREASE PROGRAM  EFFICACY  AND  COST-EFFECTIVE-
NESS.
S 27-1609. PRIMARY   BATTERY   STEWARDSHIP  ORGANIZATION;  REQUIREMENTS;
             REGISTRATION.
  1. PARTICIPATION IN A STEWARDSHIP ORGANIZATION. A  PRODUCER  MAY  MEET
THE  REQUIREMENTS  OF  THIS  TITLE BY PARTICIPATING IN A PRIMARY BATTERY
STEWARDSHIP ORGANIZATION THAT UNDERTAKES THE PRODUCER'S RESPONSIBILITIES
UNDER SECTIONS 27-1603, 27-1605, AND 27-1607 OF THIS TITLE.
  2. QUALIFICATIONS FOR A STEWARDSHIP  ORGANIZATION.  TO  QUALIFY  AS  A
STEWARDSHIP ORGANIZATION UNDER THIS CHAPTER, AN ORGANIZATION SHALL:
  A. COMMIT TO ASSUME THE RESPONSIBILITIES, OBLIGATIONS, AND LIABILITIES
OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP ORGANIZATION;
  B.  NOT CREATE UNREASONABLE BARRIERS FOR PARTICIPATION BY PRODUCERS IN
THE STEWARDSHIP ORGANIZATION; AND
  C. MAINTAIN A PUBLIC WEBSITE THAT LISTS ALL PRODUCERS  AND  PRODUCERS'
BRANDS   COVERED  BY  THE  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION'S
APPROVED COLLECTION PLAN.
  3. REGISTRATION REQUIREMENTS.
  A. BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND  ANNUALLY  THERE-
AFTER,  A  STEWARDSHIP  ORGANIZATION SHALL FILE A REGISTRATION FORM WITH
THE COMMISSIONER. THE COMMISSIONER SHALL PROVIDE THE  REGISTRATION  FORM
TO A STEWARDSHIP ORGANIZATION. THE REGISTRATION FORM SHALL INCLUDE:
  (I) A LIST OF THE PRODUCERS PARTICIPATING IN THE STEWARDSHIP ORGANIZA-
TION;
  (II)  THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON RESPONSI-
BLE FOR ENSURING A PRODUCER'S COMPLIANCE WITH THIS TITLE;
  (III) A DESCRIPTION OF HOW  THE  STEWARDSHIP  ORGANIZATION  MEETS  THE
REQUIREMENTS  OF  SUBDIVISION ONE OF THIS SECTION, INCLUDING ANY REASON-
ABLE REQUIREMENTS FOR PARTICIPATION IN THE STEWARDSHIP ORGANIZATION; AND
  (IV) THE NAME, ADDRESS,  AND  CONTACT  INFORMATION  OF  A  PERSON  FOR
NONMEMBER MANUFACTURER TO CONTRACT ON HOW TO PARTICIPATE IN THE STEWARD-
SHIP ORGANIZATION TO SATISFY THE REQUIREMENTS OF THIS TITLE.
  B.  A  RENEWAL  OF  A REGISTRATION WITHOUT CHANGES MAY BE ACCOMPLISHED
THROUGH NOTIFYING THE COMMISSIONER ON A FORM PROVIDED BY THE COMMISSION-
ER.
  4. PRIMARY BATTERY-CONTAINING PRODUCTS; NOTIFICATION. PRODUCERS  OF  A
BATTERY-CONTAINING  PRODUCT  WHO  CHOOSE  TO FULFILL THE REQUIREMENTS OF
THIS TITLE BY PARTICIPATION IN A STEWARDSHIP ORGANIZATION UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL NOTIFY EACH PRODUCT STEWARDSHIP ORGANIZA-
TION OPERATING AN APPROVED PROGRAM THAT THE PRIMARY BATTERIES  CONTAINED
WITHIN  OR PACKAGED WITH THEIR PRODUCTS ARE COVERED BY A PRIMARY BATTERY
PRODUCER PARTICIPATING IN A STEWARDSHIP PROGRAM, AND SHALL  PROVIDE  THE
NAME  OF  THE  PRODUCTS,  AS WELL AS THE IDENTITY OF ITS PRIMARY BATTERY
SUPPLIER,  BRAND,  WEIGHT,  CHEMISTRY,  ESTIMATED  NUMBER  OF  BATTERIES
CONTAINED IN, OR PACKAGED WITH, THE PRODUCTS SOLD IN THE STATE, AND SUCH
OTHER  DETAILS  AS  THE  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION MAY
REASONABLY REQUIRE. A PRIMARY BATTERY STEWARDSHIP ORGANIZATION IN  WHICH
THE PRIMARY BATTERY SUPPLIER IS PARTICIPATING SHALL, AS PART OF THE LIST
SUBMITTED  UNDER  SUBDIVISION  TWO  OF  SECTION  27-1605  OF THIS TITLE,
INCLUDE THE PRODUCER OF THE  PRIMARY  BATTERY-CONTAINING  PRODUCT  AS  A
PARTICIPANT  IN ITS PROGRAM, SUBJECT TO ANY LIMITATIONS OR EXCEPTIONS AS

S. 4522                             8

MAY  BE  INDICATED  BY  THE  INFORMATION  SUBMITTED   BY   THE   PRIMARY
BATTERY-CONTAINING PRODUCT PRODUCER.
S 27-1611. AGENCY RESPONSIBILITIES; APPROVAL OF PLANS.
  1.  APPROVAL  OF  PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
STEWARDSHIP PLAN, THE COMMISSIONER  SHALL  DETERMINE  WHETHER  THE  PLAN
COMPLIES  WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY  THE  APPLI-
CANT  OF  THE  PLAN  APPROVAL  IN WRITING. IF THE COMMISSIONER REJECTS A
PLAN, THE COMMISSIONER SHALL NOTIFY THE  APPLICANT  IN  WRITING  OF  THE
REASONS  FOR  REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER  WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
  2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL  BE  APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
HIS OR HER DISCRETION OR AT THE REQUEST OF A  PRODUCER,  MAY  REQUIRE  A
PRODUCER  OR  A  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION TO AMEND AN
APPROVED PLAN.
  3. PUBLIC  NOTICE.  THE  COMMISSIONER  SHALL  POST  ALL  PROPOSED  AND
APPROVED  PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE,
SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF  SECTION  27-1615  OF  THIS
TITLE.
  4.  PUBLIC  INPUT.  THE  COMMISSIONER  SHALL ESTABLISH A PROCESS UNDER
WHICH A PRIMARY BATTERY STEWARDSHIP PLAN,  PRIOR  TO  PLAN  APPROVAL  OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
  5.  REGISTRATIONS.  THE COMMISSIONER SHALL ACCEPT, REVIEW, AND APPROVE
OR DENY PRIMARY BATTERY STEWARDSHIP ORGANIZATION REGISTRATIONS SUBMITTED
UNDER SECTION 27-1605 OF THIS TITLE.
  6. AGENCY WEBSITE. THE COMMISSIONER  SHALL  MAINTAIN  A  WEBSITE  THAT
INCLUDES  THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
APPROVED PLANS. THE WEBSITE SHALL LIST ALL  OF  AN  APPROVED  PRODUCER'S
BRANDS  COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS  OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
  7.  TERM  OF  STEWARDSHIP  PLAN.  A  PRIMARY  BATTERY STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
S 27-1613. RETAILER OBLIGATIONS.
  1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
SECTION,  BEGINNING  JANUARY  FIRST, TWO THOUSAND SEVENTEEN, NO RETAILER
SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY OR  PRIMARY  BATTERY-CON-
TAINING  PRODUCT  UNLESS  THE  RETAILER  HAS  REVIEWED  THE DEPARTMENT'S
WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION 27-1611 OF THIS TITLE  TO
DETERMINE   THAT   THE  PRODUCER  OF  THE  PRIMARY  BATTERY  OR  PRIMARY
BATTERY-CONTAINING PRODUCT IS IMPLEMENTING AN APPROVED  COLLECTION  PLAN
OR IS A MEMBER OF A STEWARDSHIP ORGANIZATION.
  2.  INVENTORY  EXCEPTION;  EXPIRATION  OR  REVOCATION  OF MANUFACTURER
REGISTRATION. A RETAILER SHALL NOT BE RESPONSIBLE FOR AN  UNLAWFUL  SALE
OF  A  PRIMARY  BATTERY OR PRIMARY BATTERY-CONTAINING PRODUCT UNDER THIS
SECTION IF:
  A. THE RETAILER PURCHASED THE PRIMARY BATTERY OR PRIMARY  BATTERY-CON-
TAINING PRODUCT PRIOR TO JANUARY FIRST, TWO THOUSAND SEVENTEEN AND SELLS
THE  BATTERY  OR  PRODUCT ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGH-
TEEN; OR
  B. THE PRODUCER'S STEWARDSHIP PLAN EXPIRED OR  WAS  REVOKED,  AND  THE
RETAILER  TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY BATTERIES

S. 4522                             9

OR PRIMARY BATTERY-CONTAINING PRODUCTS PRIOR TO THE EXPIRATION OR  REVO-
CATION OF THE PRODUCER'S STEWARDSHIP PLAN.
S 27-1615. CONFIDENTIALITY OF SUBMITTED DATA.
  1.  CONFIDENTIALITY  OF  SUBMITTED  REPORTS AND DATA. REPORTS AND DATA
SUBMITTED UNDER THIS TITLE SHALL BE AVAILABLE FOR PUBLIC INSPECTION  AND
COPYING, PROVIDED THAT:
  A. INFORMATION EXEMPTED UNDER THE FREEDOM OF INFORMATION LAW, PURSUANT
TO  ARTICLE  SIX  OF  THE PUBLIC OFFICERS LAW SHALL NOT BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING.
  B. THE COMMISSIONER MAY PUBLISH INFORMATION CONFIDENTIAL  UNDER  PARA-
GRAPH  A  OF  THIS SUBDIVISION IN A SUMMARY OR AGGREGATED FORM THAT DOES
NOT DIRECTLY OR INDIRECTLY IDENTIFY INDIVIDUAL PRODUCERS,  DISTRIBUTORS,
OR RETAILERS.
  2. OMISSION OF TRADE SECRET INFORMATION. THE COMMISSIONER MAY REQUIRE,
AS  A  PART OF A REPORT SUBMITTED UNDER THIS TITLE, THAT THE PRODUCER OR
STEWARDSHIP ORGANIZATION SUBMIT A REPORT THAT  DOES  NOT  CONTAIN  TRADE
SECRET INFORMATION AND IS AVAILABLE FOR PUBLIC INSPECTION AND REVIEW.
  3.  TOTAL WEIGHT OF BATTERIES. THE TOTAL WEIGHT OF BATTERIES COLLECTED
UNDER AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN IS  NOT  CONFIDENTIAL
BUSINESS  INFORMATION EXEMPTED UNDER THE FREEDOM OF INFORMATION LAW, AND
SHALL BE SUBJECT TO INSPECTION AND REVIEW.
S 27-1617. ANTITRUST; CONDUCT AUTHORIZED.
  1. ACTIVITY AUTHORIZED. A PRODUCER, GROUP OF PRODUCERS, OR STEWARDSHIP
ORGANIZATION IMPLEMENTING OR PARTICIPATING IN  AN  APPROVED  STEWARDSHIP
PLAN  UNDER  THIS  TITLE  FOR THE COLLECTION, TRANSPORT, PROCESSING, AND
END-OF-LIFE MANAGEMENT OF PRIMARY BATTERIES ARE INDIVIDUALLY OR  JOINTLY
IMMUNE FROM LIABILITY FOR THE CONDUCT UNDER STATE LAWS RELATING TO ANTI-
TRUST,  RESTRAINT OF TRADE, UNFAIR TRADE PRACTICES, AND OTHER REGULATION
OF TRADE OR COMMERCE, TO THE  EXTENT  THAT  THE  CONDUCT  IS  REASONABLY
NECESSARY  TO  PLAN, IMPLEMENT, AND COMPLY WITH THE PRODUCER'S, GROUP OF
PRODUCERS', OR STEWARDSHIP ORGANIZATION'S  CHOSEN  SYSTEM  FOR  MANAGING
DISCARDED  PRIMARY  BATTERIES.  THIS  SUBDIVISION  SHALL  ALSO  APPLY TO
CONDUCT OF A RETAILER OR  WHOLESALER  PARTICIPATING  IN  A  PRODUCER  OR
STEWARDSHIP  ORGANIZATION'S  APPROVED PLAN WHEN THE CONDUCT IS NECESSARY
TO PLAN AND  IMPLEMENT  THE  PRODUCER'S  OR  STEWARDSHIP  ORGANIZATION'S
ORGANIZED COLLECTION OR RECYCLING SYSTEM FOR DISCARDED BATTERIES.
  2.  LIMITATIONS ON ANTITRUST ACTIVITY. SUBDIVISION ONE OF THIS SECTION
SHALL NOT APPLY TO AN AGREEMENT AMONG PRODUCERS,  GROUPS  OF  PRODUCERS,
RETAILERS, WHOLESALERS, OR STEWARDSHIP ORGANIZATIONS AFFECTING THE PRICE
OF  PRIMARY  BATTERIES  OR  PRIMARY  BATTERY-CONTAINING  PRODUCTS OR ANY
AGREEMENT RESTRICTING THE GEOGRAPHIC AREA  IN  WHICH,  OR  CUSTOMERS  TO
WHOM,  PRIMARY BATTERIES OR PRIMARY BATTERY-CONTAINING PRODUCTS SHALL BE
SOLD.
S 27-1619. ADMINISTRATIVE FEE.
  1. FEE ASSESSED. A PRODUCER OF STEWARDSHIP ORGANIZATION  SHALL  PAY  A
FEE  OF FIFTEEN THOUSAND DOLLARS ANNUALLY FOR OPERATION UNDER A STEWARD-
SHIP PLAN APPROVED BY THE COMMISSIONER UNDER  SECTION  27-1611  OF  THIS
TITLE.
  2.  DISPOSITION  OF  FEE.  THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL  FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 27-1621. PRIVATE RIGHT OF ACTION.
  1. A PRODUCER OF A PRIMARY BATTERY STEWARDSHIP ORGANIZATION IMPLEMENT-
ING  AN  APPROVED PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE
MAY BRING A CIVIL ACTION AGAINST ANOTHER PRODUCER OR STEWARDSHIP  ORGAN-
IZATION FOR DAMAGES WHEN:

S. 4522                            10

  A. THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION INCURS MORE THAN
THREE  THOUSAND  DOLLARS  IN  ACTUAL  DIRECT COSTS COLLECTING, HANDLING,
RECYCLING, OR PROPERLY DISPOSING OF PRIMARY BATTERIES  SOLD  OR  OFFERED
FOR SALE IN THE STATE BY ANOTHER PRODUCER;
  B. THE PRODUCER FROM WHOM DAMAGES ARE SOUGHT:
  (I)  CAN BE IDENTIFIED AS THE PRODUCER OF THE COLLECTED BATTERIES FROM
A BRAND OR MARKING ON THE DISCARDED BATTERY OR  FROM  OTHER  INFORMATION
AVAILABLE TO THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION; AND
  (II)  DOES  NOT OPERATE AN APPROVED BATTERY STEWARDSHIP PROGRAM IN THE
STATE.
  2. A. A PRODUCER OR PRIMARY BATTERY  STEWARDSHIP  ORGANIZATION  IMPLE-
MENTING  AN  APPROVED  PLAN  IN COMPLIANCE WITH THE REQUIREMENTS OF THIS
TITLE MAY BRING A CIVIL ACTION FOR DAMAGES AGAINST ANOTHER  PRODUCER  OR
STEWARDSHIP  ORGANIZATION  THAT  IS IMPLEMENTING AN APPROVED PLAN IN THE
STATE WHEN:
  (I) THE PLAINTIFF PRODUCER OR  STEWARDSHIP  ORGANIZATION  SUBMITTED  A
REIMBURSEMENT  REQUEST  TO  ANOTHER PRODUCER OR STEWARDSHIP ORGANIZATION
UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G  OF  SUBDIVISION  TWO  OF
SECTION 27-1605 OF THIS TITLE;
  (II) THE PLAINTIFF PRODUCER DOES NOT RECEIVE REIMBURSEMENT WITHIN:
  (1)  SIXTY  DAYS  OF THE REQUEST, IF NO INDEPENDENT AUDIT IS REQUESTED
UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G  OF  SUBDIVISION  TWO  OF
SECTION 27-1605 OF THIS TITLE; OR
  (2)  THIRTY  DAYS AFTER COMPLETION OF AN AUDIT IF AN INDEPENDENT AUDIT
IS REQUESTED UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G OF  SUBDIVI-
SION  TWO  OF  SECTION  27-1605 OF THIS TITLE AND THE AUDIT CONFIRMS THE
VALIDITY OF THE REIMBURSEMENT REQUEST.
  B. A CIVIL ACTION UNDER THIS SUBDIVISION MAY  BE  BROUGHT  AGAINST  AN
INDIVIDUAL PRODUCER ONLY IF THE PRODUCER IS IMPLEMENTING ITS OWN PRIMARY
BATTERY STEWARDSHIP PLAN. A PRODUCER PARTICIPATING IN AN APPROVED PRIMA-
RY  BATTERY  STEWARDSHIP  PLAN  COVERING MULTIPLE PRODUCERS SHALL NOT BE
SUED INDIVIDUALLY  FOR  REIMBURSEMENT.  AN  ACTION  AGAINST  A  PRODUCER
PARTICIPATING IN A STEWARDSHIP PLAN COVERING MULTIPLE PRODUCERS SHALL BE
BROUGHT AGAINST THE STEWARDSHIP ORGANIZATION IMPLEMENTING THE PLAN.
  3. AS USED IN THIS SECTION, "DAMAGES" MEANS:
  A. THE ACTUAL, DIRECT COSTS A PLAINTIFF PRODUCER INCURS IN COLLECTING,
HANDLING,  RECYCLING, OR PROPERLY DISPOSING OF PRIMARY BATTERIES REASON-
ABLY IDENTIFIED AS HAVING ORIGINATED FROM A NONCOMPLIANT PRODUCER;
  B. EXEMPLARY DAMAGES NOT EXCEEDING  THREE  TIMES  THE  COSTS  INCURRED
UNDER PARAGRAPH A OF THIS SUBDIVISION; AND
  C.  THE  PREVAILING  PLAINTIFF PRODUCER'S ATTORNEY'S FEES AND COSTS OF
BRINGING THE ACTION.
S 27-1623. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS.
  1. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS. A  PRIMARY  BATTERY
PRODUCER  OR  PRIMARY  BATTERY  STEWARDSHIP ORGANIZATION SHALL REIMBURSE
OPERATORS OF A BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP  ORGANIZATION,
OR  OTHER  PERSON OPERATING A BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP
PROGRAM, FOR ACTUAL DIRECT COSTS PER UNIT OF WEIGHT INCURRED BY THE BONA
FIDE RECHARGEABLE BATTERY STEWARDSHIP ORGANIZATION IN THE COLLECTION  OF
PRIMARY  BATTERIES  SUPPLIED  BY  PRODUCERS PARTICIPATING IN AN APPROVED
PRIMARY BATTERY STEWARDSHIP PROGRAM IN THE STATE. DIRECT  COSTS  INCLUDE
COSTS OF COLLECTION, TRANSPORT, RECYCLING AND OTHER ACTUAL ENVIRONMENTAL
MANAGEMENT COSTS, PLUS AN ADDITIONAL NEGOTIATED AMOUNT NOT TO EXCEED TEN
PERCENT TO REFLECT A REASONABLE CONTRIBUTION FOR INDIRECT COSTS, INCLUD-
ING  PERMITTING  FEES, OVERHEAD, PERSONNEL COSTS, ADMINISTRATION, INSUR-

S. 4522                            11

ANCE, LEGAL OR ACCOUNTING COSTS, EDUCATION AND OUTREACH,  OR  ANY  OTHER
COSTS.
  2. REQUEST FOR AUDIT. A PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION  THAT  RECEIVES  A REQUEST FOR REIMBURSEMENT FROM A RECHARGEABLE
BATTERY STEWARD MAY, PRIOR TO PAYMENT AND  WITHIN  THIRTY  DAYS  OF  THE
REQUEST FOR REIMBURSEMENT, REQUEST AN INDEPENDENT AUDIT OF THE REQUESTED
REIMBURSEMENT  COSTS.  IF THE INDEPENDENT AUDIT CONFIRMS THE REASONABLE-
NESS OF THE REIMBURSEMENT  REQUEST,  THE  PRODUCER  OR  PRIMARY  BATTERY
STEWARDSHIP  ORGANIZATION REQUESTING THE AUDIT SHALL PAY THE COST OF THE
AUDIT.
  3. A. CIVIL ACTION FOR FAILURE TO REIMBURSE.  A  RECHARGEABLE  BATTERY
STEWARD  OR  OTHER  PERSON OPERATING A BONA FIDE PROGRAM TO COLLECT USED
RECHARGEABLE BATTERIES FOR RECYCLING IN THE  STATE  MAY  BRING  A  CIVIL
ACTION FOR DAMAGES AGAINST A PRIMARY BATTERY PRODUCER OR PRIMARY BATTERY
STEWARDSHIP  ORGANIZATION  THAT  IS IMPLEMENTING AN APPROVED PLAN IN THE
STATE WHEN:
  (I) THE RECHARGEABLE BATTERY STEWARD SUBMITTED A REIMBURSEMENT REQUEST
TO ANOTHER PRODUCER OR STEWARDSHIP ORGANIZATION UNDER SUBDIVISION TWO OF
THIS SECTION;
  (II) THE RECHARGEABLE BATTERY STEWARD DOES NOT  RECEIVE  REIMBURSEMENT
WITHIN:
  (1)  SIXTY  DAYS  OF THE REQUEST, IF NO INDEPENDENT AUDIT IS REQUESTED
UNDER SUBDIVISION TWO OF THIS SECTION; OR
  (2) THIRTY DAYS AFTER COMPLETION OF AN AUDIT IF AN  INDEPENDENT  AUDIT
IS  REQUESTED  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION  AND THE AUDIT
CONFIRMS THE VALIDITY OF THE REIMBURSEMENT REQUEST.
  B. A CIVIL ACTION UNDER THIS SUBDIVISION MAY  BE  BROUGHT  AGAINST  AN
INDIVIDUAL PRIMARY BATTERY PRODUCER ONLY IF THE PRODUCER IS IMPLEMENTING
ITS  OWN  PRIMARY BATTERY STEWARDSHIP PLAN OR THE PRODUCER HAS FAILED TO
REGISTER TO PARTICIPATE IN A PLAN. A PRIMARY  BATTERY  PRODUCER  PARTIC-
IPATING  IN AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN COVERING MULTI-
PLE PRODUCERS SHALL NOT  BE  SUED  INDIVIDUALLY  FOR  REIMBURSEMENT.  AN
ACTION AGAINST A PRIMARY BATTERY PRODUCER PARTICIPATING IN A STEWARDSHIP
PLAN  COVERING  MULTIPLE PRODUCERS SHALL BE BROUGHT AGAINST THE STEWARD-
SHIP ORGANIZATION IMPLEMENTING THE PLAN.
  4. PROCEDURE; BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP PROGRAM.
  A. THE COMMISSIONER MAY REQUIRE A PRIMARY BATTERY PRODUCER OR A PRIMA-
RY  BATTERY  STEWARDSHIP  ORGANIZATION  TO  SUBMIT  THE  PROCEDURE   FOR
REIMBURSEMENT UNDER THIS SECTION TO THE COMMISSIONER FOR APPROVAL.
  B.  THE  COMMISSIONER,  IN  HIS  OR  HER  DISCRETION,  SHALL APPROVE A
RECHARGEABLE  BATTERY  STEWARDSHIP  PROGRAM  AS  BONA  FIDE  UNDER  THIS
SECTION.
S 27-1625. PENALTIES.
  A  PRODUCER  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND  DOLLARS  PER  DAY
FOR EACH DAY OF NONCOMPLIANCE.
S 27-1627. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  S 2. Subdivision 2 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph dd to read as follows:
  DD. ENFORCE A PRODUCT STEWARDSHIP PROGRAM,  INCLUDING  THE  COLLECTION
AND  DISPOSAL OF PRIMARY BATTERIES, PURSUANT TO TITLE SIXTEEN OF ARTICLE
TWENTY-SEVEN OF THIS CHAPTER.
  S 3. This act shall take effect immediately.

2015-S4522A - Details

See Assembly Version of this Bill:: A9921
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S4522, A9921

2015-S4522A - Summary

Relates to establishing a product stewardship program for primary batteries.

2015-S4522A - Sponsor Memo

                                 BILL NUMBER:  S4522A

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to establishing a product stewardship program for primary
batteries

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of the bill is to require participation in a battery
stewardship plan (recycling plan) by producers of primary batteries or
primary battery-containing products.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends Article 27 of the environmental
conservation law by adding a new title 16 that will mandate
participation by producers of primary batteries or primary
battery-containing products in a battery stewardship (recycling) plan.

Section 27-1601 sets forth definition for all terms of this new title
including the definition of primary battery which means a
nonrechargeable battery weighing two kilograms or less, including
alkaline, carbon- zinc, lithium-metal, and other batteries typically
generated as waste.

Section 27-1603 states that the beginning January 1, 2018 a producer

of a primary battery or primary batter-containing product shall not
sell, offer for sale, or deliver to a retailer for subsequent sale a
primary battery or primary battery-containing product unless a
producer or stewardship organization is registered under an approved
and implemented primary battery stewardship plan and the name of the
producer and the producer's brand are designated on the department
website as covered by an approved primary battery stewardship plan.

Beginning September 1, 2017, the primary battery stewardship
organization must file a registration Form with the commissioner on a
registration form that includes a list of producers of primary
Batteries and primary battery-containing products of each producer
participation in the Stewardship organization and the name address and
contact information of a person responsible for ensuring the producers
compliance with this chapter. New producers must also comply with this
title within 90 days after supplying notice to the commissioner of its
intent to sell, offer for sale or offer for promotional purposes a
primary battery or primary battery-containing product.

An exemption to the requirements of this title are provided to
producers whose total retail value of sales of covered batteries is
less than $500.

Section 27-1605 requires that on or before April 1, 2017, each
producer of primary batteries shall individually or as part of a
primary battery stewardship organization submit a primary battery
stewardship plan to the commissioner for review. Each stewardship plan
must provide for the free collection of batteries from consumers and a
producer cannot refuse the collection of a primary battery based on
the brand or manufacturer of the primary battery.

The collection provisions require that all retailers that sell covered
batteries under the plan and municipalities to opt to be a collection
facility; to provide no fewer than two collection facilities in each
county of the state; and to provide for the acceptance from a consumer
of up to twenty batteries per visit or more at the facility's
agreement.

The battery stewardship plan must also include provisions for
education and outreach programs including media advertising, retail
displays and other public education efforts which at a minimum notify
the public that there is a free collection program for all primary
batteries and the location of the collection points and how to access
the collection program.

The plan must also include reimbursement procedures for another
primary battery producer or stewardship organization with an approved
plan for the actual direct costs per unit of weight incurred in
collecting the brands or products of the producer submitting the plan.

The plan must include implementation provisions which provide for
implementation of the program at no cost to retailers or
municipalities acting as collection facilities under the program and
the producer must provide the collection facilities with the necessary
equipment for setting up the collection point and for providing the
pickup of collected primary batteries.

Section 27-1607 requires the submission of an annual report beginning
on or before April 1, 2019 and requires a plan audit once every five
years done by an independent third party auditor.

Section 27-1609 sets forth the requirements for a primary battery
stewardship organization which must, in order to qualify as a
stewardship organization, commit to assume the responsibilities,
obligations, and liabilities of all producers participating in the
organization, not create unreasonable barrier for participation by
producers and maintain a public website that lists all producers and
brands covered by the collection plan. The stewardship organization
must register with the commissioner annually beginning on January 1,
2017.

Section 27-1611 requires the commissioner to determine whether the
plan complies with the requirements of Section 27-1605 within 90 days
after receipt of the plan and must publish all proposed and approved
plans on the department's website. The commissioner must also make the
plans available for public review and comment prior to approval of the
plan. The term of the stewardship plan shall be no more than 5 years.

Section 27-1613 imposes obligations on the retailers including the
requirement that no primary battery or primary battery-containing
product unless the retailer has reviewed the department's website to
determine that the producer in implementing an approved collection
plan or is part of a product stewardship organization. The retailer is
also provided with certain exceptions to these requirements with
regard to inventory and in situations where the producer's
registration is expired or revoked after the retailer took possession
of the primary batteries.

Section 27-1615 addresses confidentiality of certain portions of data
that is covered by exemptions to the freedom of information law. This
section also states that total weight of batteries collected is not
confidential business information exempted under the freedom of
information law.

Section 27-1617 sets forth authorized activity not subject to the
state's antitrust, restraint of trade, and unfair trade practice laws
or other trade or commerce regulations to the extent reasonably
necessary to plan, implement and comply with the chosen system for
managing discarded primary batteries. However, this authorized
activity is not applicable to agreements amongst producers, retailers,
wholesalers or stewardship organizations that affect pricing of
primary batteries or primary battery-containing products.

Section 27-1619 sets forth administrative fees to be assessed annually
to producers of stewardship organizations in the amount of $15,000.

Section 27-1621 creates a private right of action for producers of
primary battery stewardship organizations to bring a civil action
against another producer or stewardship organization for damages when
the plaintiff incurs more than $3,000 in actual direct costs
collecting, handling, recycling or disposing of primary batteries sold
or offered for sale by another producer. A private right of action is
also created for a producer or stewardship organization when
reimbursement requests are ignored or payment is not made.

Section 27-1623 sets forth reimbursement provisions, audit requests
and private right of action to bona fide rechargeable battery
stewardship programs for direct costs incurred in the collection of
primary batteries.

Section 27-1625 sets forth a civil penalty of not more than $1,000 per
day for each day of noncompliance with this title.

Section 27-1627 addresses rulemaking authority of the commissioner.

Section 2 of the bill amends subdivision 2 of section 3-0301 of the
environmental conservation law by adding a new paragraph dd giving the
department and the commissioner authority to enforce a product
stewardship program.

Section 3 of the bill sets forth an immediate effective date.

 JUSTIFICATION :

In 2010, New York State implemented the "Rechargeable Battery Law"
which recognized that these batteries contained toxic metals such as
cadmium and lead and called for a program of recycling to prevent
exposure to the environment from lead and acid contamination which
could cause serious public health consequences.

It is time for the State to recognize that primary batteries also
contain dangerous and toxic metals which not only create excessive
waste from their disposal but can also create long term and serious
dangers to the environment caused by their improper disposal into
landfills, etc. Although most household batteries no longer contain
dangerous mercury, there are other heavy metal components including
zinc, lead, cadmium, and nickel and manganese which can contaminate
the environment when primary batteries containing these metals are
disposed of improperly. According the United States Environmental
Protection Agency, "when incinerated, certain metals might be released
into the air or can concentrate in the ash produced by the combustion
process." In California and in various countries in Europe, all
batteries are considered hazardous waste when discarded and/or are
required to be separated from regular domestic waste when discarded.
Improper disposal of primary batteries presents an unnecessary impact
on the environment that can be easily addressed by implementing a
primary battery recycling program.

In addition, according to the Corporation for Battery Recycling,
batteries that contain metals such as zinc, steel and manganese can be
recycled for use in other applications and this in turn can "reduce
the mining and refining of zinc, iron and manganese ore" providing yet
another benefit to the environment.

It is time for New York State to join states like Vermont and
Connecticut in implementing mandatory "single use" battery recycling
laws

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately

2015-S4522A - Bill Text download pdf

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

                                 4522--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a product stewardship program for primary batteries

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 16 to read as follows:
                                TITLE 16
                           PRODUCT STEWARDSHIP
                          FOR PRIMARY BATTERIES
SECTION 27-1601. DEFINITIONS
        27-1603. SALE  OF  PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING
                   PRODUCT; STEWARDSHIP ORGANIZATION REGISTRATION.
        27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
        27-1607. ANNUAL REPORT; PLAN AUDIT.
        27-1609. PRIMARY BATTERY STEWARDSHIP ORGANIZATION; REQUIREMENTS;
                   REGISTRATION.
        27-1611. AGENCY RESPONSIBILITIES; APPROVAL OF PLANS.
        27-1613. RETAILER OBLIGATIONS.
        27-1615. CONFIDENTIALITY OF SUBMITTED DATA.
        27-1617. ANTITRUST; CONDUCT AUTHORIZED.
        27-1619. ADMINISTRATIVE FEE.
        27-1621. PRIVATE RIGHT OF ACTION.
        27-1623. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS.
        27-1625. PENALTIES.
        27-1627. RULEMAKING; PROCEDURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04566-03-6

S. 4522--A                          2

S 27-1601. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
  2.  "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
FIES:
  A.  A  PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO THE OWNER
OR LICENSEE OF THE BRAND AS THE PRODUCER; OR
  B. A PRIMARY BATTERY-CONTAINING PRODUCT  AND  ATTRIBUTES  THE  PRIMARY
BATTERY TO THE OWNER OR LICENSEE OF THE PRIMARY BATTERY-CONTAINING PROD-
UCT AS THE PRODUCER.
  3.  "CALENDAR  YEAR"  MEANS  THE  PERIOD  COMMENCING JANUARY FIRST AND
ENDING DECEMBER THIRTY-FIRST OF THE SAME CALENDAR YEAR.
  4. "COLLECTION RATE" MEANS A PERCENTAGE BY WEIGHT THAT  EACH  PRODUCER
OR  STEWARDSHIP  ORGANIZATION  COLLECTS  BY  AN  ESTABLISHED  DATE.  THE
COLLECTION RATE SHALL BE CALCULATED BY WEIGHT BASED ON THE PERCENTAGE OF
PRIMARY  BATTERIES,  INCLUDING  PRIMARY  BATTERIES  TAKEN  FROM  PRIMARY
BATTERY-CONTAINING  PRODUCTS, THAT ARE COLLECTED DURING A CALENDAR YEAR,
AS COMPARED TO THE AVERAGE WEIGHT OF PRIMARY BATTERIES, INCLUDING  THOSE
IN PRIMARY BATTERY-CONTAINING PRODUCTS, THAT WERE ESTIMATED TO HAVE BEEN
SOLD  IN  THE STATE BY PARTICIPATING PRODUCERS DURING THE THREE PREVIOUS
CALENDAR YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY  BE
BASED ON A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
  5.  "CONSUMER" MEANS ANY PERSON WHO PRESENTS OR DELIVERS ANY NUMBER OF
PRIMARY BATTERIES TO A  COLLECTION  FACILITY  THAT  IS  INCLUDED  IN  AN
APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  6.  "DISCARDED  PRIMARY  BATTERY"  MEANS  A PRIMARY BATTERY THAT IS NO
LONGER USED FOR ITS MANUFACTURED PURPOSE.
  7. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
  8. "PRIMARY BATTERY" MEANS  A  NONRECHARGEABLE  BATTERY  WEIGHING  TWO
KILOGRAMS  OR  LESS, INCLUDING ALKALINE, CARBON-ZINC, LITHIUM METAL, AND
OTHER BATTERIES TYPICALLY GENERATED AS WASTE.
  9.  "PRIMARY  BATTERY-CONTAINING  PRODUCT"  MEANS  A  PRIMARY  BATTERY
CONTAINED  IN OR PACKED WITH PRODUCTS SUCH AS CAMERAS, WATCHES, CALCULA-
TORS, FLASHLIGHTS, LANTERNS, PORTABLE RADIOS, TOYS, AND CLOCKS.  "PRIMA-
RY BATTERY-CONTAINING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
  A. A PRIMARY BATTERY THAT IS SOLD IN A COVERED ELECTRONIC DEVICE;
  B. A PRIMARY BATTERY THAT IS NOT EASILY REMOVABLE OR IS  NOT  INTENDED
OR  DESIGNED  TO BE REMOVED FROM THE PRODUCT, OTHER THAN BY THE MANUFAC-
TURER; OR
  C. A PRIMARY BATTERY THAT IS SOLD OR  USED  IN  AN  IMPLANTED  MEDICAL
DEVICE.
  10.  "PRIMARY BATTERY STEWARDSHIP ORGANIZATION" OR "STEWARDSHIP ORGAN-
IZATION" MEANS AN ORGANIZATION APPOINTED BY ONE OR MORE PRODUCERS TO ACT
AS AN AGENT ON BEHALF OF A PRODUCER  OR  PRODUCERS  TO  DESIGN,  SUBMIT,
IMPLEMENT  AND  ADMINISTER A PRIMARY BATTERY STEWARDSHIP PLAN UNDER THIS
TITLE.
  11. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN  SUBMIT-
TED  TO THE COMMISSIONER PURSUANT TO SECTION 27-1605 OF THIS TITLE BY AN
INDIVIDUAL PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGANIZATION.
  12. A. "PRODUCER" MEANS ONE OF THE FOLLOWING WITH REGARD TO A  PRIMARY
BATTERY  OR  A  PRIMARY BATTERY-CONTAINING PRODUCT THAT IS SOLD, OFFERED
FOR SALE, OR DISTRIBUTED IN THE STATE:
  (I) A PERSON WHO MANUFACTURES A PRIMARY BATTERY, OR A PRIMARY  BATTER-
Y-CONTAINING  PRODUCT,  AND  WHO  SELLS, OFFERS FOR SALE, OR DISTRIBUTES

S. 4522--A                          3

THAT PRIMARY BATTERY, OR THAT PRIMARY BATTERY-CONTAINING PRODUCT, IN THE
STATE UNDER THE PERSON'S OWN NAME OR BRAND;
  (II)  IF  SUBPARAGRAPH  (I) OF THIS PARAGRAPH DOES NOT APPLY, A PERSON
WHO OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY  BATTERY
OR  PRIMARY  BATTERY-CONTAINING  PRODUCT  IS  SOLD, OFFERED FOR SALE, OR
DISTRIBUTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED; OR
  (III) IF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DO NOT APPLY,  A
PERSON  WHO  IMPORTS  A  PRIMARY BATTERY OR A PRIMARY BATTERY-CONTAINING
PRODUCT INTO THE STATE FOR SALE OR DISTRIBUTION.
  B. "PRODUCER" SHALL NOT MEAN A PERSON WHO MANUFACTURES, SELLS,  OFFERS
FOR SALE OR IMPORTS A PRIMARY BATTERY-CONTAINING PRODUCT IN THE STATE IF
THAT PERSON:
  (I) AFFIRMS THAT IT ONLY USES PRIMARY BATTERIES SUPPLIED BY A PRODUCER
PARTICIPATING IN AN APPROVED BATTERY STEWARDSHIP PROGRAM; AND
  (II)  REPORTS  TO  THE  COMMISSIONER  THE  ESTIMATED NUMBER OF PRIMARY
BATTERIES IN THE PERSON'S PRIMARY BATTERY-CONTAINING PRODUCTS  ESTIMATED
TO  BE  SOLD  IN  THE STATE. ESTIMATES OF PRIMARY BATTERIES CONTAINED IN
PRIMARY BATTERY-CONTAINING PRODUCTS SOLD IN THE STATE MAY BE BASED ON  A
REASONABLE PRO RATA CALCULATION OF NATIONAL SALES OF THE PRIMARY BATTER-
Y-CONTAINING PRODUCTS.
  13.  "PROGRAM"  OR  "STEWARDSHIP  PROGRAM"  MEANS  THE  SYSTEM FOR THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  14. A. "RECHARGEABLE BATTERY" MEANS:
  (I) ONE OR MORE VOLTAIC OR GALVANIC CELLS, ELECTRICALLY  CONNECTED  TO
PRODUCE  ELECTRIC  ENERGY AND DESIGNED TO BE RECHARGED AND WEIGHING LESS
THAN ELEVEN POUNDS; OR
  (II) A BATTERY PACK DESIGNED TO BE RECHARGED  THAT  WEIGHS  LESS  THAN
ELEVEN  POUNDS  AND  THAT  IS  DESIGNED TO PROVIDE LESS THAN FORTY VOLTS
DIRECT CURRENT.
  B. "RECHARGEABLE BATTERY" SHALL NOT MEAN:
  (I) A BATTERY THAT IS NOT EASILY  REMOVABLE  OR  IS  NOT  INTENDED  OR
DESIGNED  TO  BE  REMOVED  FROM  THE  COVERED PRODUCT, OTHER THAN BY THE
MANUFACTURER;
  (II) A BATTERY THAT CONTAINS ELECTROLYTE AS A FREE LIQUID; OR
  (III) A BATTERY OR BATTERY PACK  THAT  EMPLOYS  LEAD-ACID  TECHNOLOGY,
UNLESS THE BATTERY OR BATTERY PACK:
  (1) IS SEALED;
  (2) CONTAINS NO LIQUID ELECTROLYTE; AND
  (3)  IS  INTENDED BY ITS MANUFACTURER TO POWER A HANDHELD DEVICE OR TO
PROVIDE UNINTERRUPTED BACKUP ELECTRICAL POWER PROTECTION FOR  STATIONARY
CONSUMER PRODUCTS OR STATIONARY OFFICE EQUIPMENT.
  15. "RECHARGEABLE BATTERY STEWARD" MEANS A PERSON WHO:
  A.  MANUFACTURES A RECHARGEABLE BATTERY OR A RECHARGEABLE PRODUCT THAT
IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE  STATE  UNDER  ITS  OWN
BRAND NAMES;
  B.  OWNS  OR  LICENSES A TRADEMARK OR BRAND UNDER WHICH A RECHARGEABLE
BATTERY OR RECHARGEABLE PRODUCT IS SOLD, OFFERED FOR SALE,  OR  DISTRIB-
UTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED; OR
  C.  IF  PARAGRAPHS A AND B OF THIS SUBDIVISION DO NOT APPLY, IMPORTS A
RECHARGEABLE BATTERY OR RECHARGEABLE PRODUCT INTO THE STATE FOR SALE  OR
DISTRIBUTION.
  16.  "RECHARGEABLE  PRODUCT" MEANS A PRODUCT THAT CONTAINS OR IS PACK-
AGED WITH A RECHARGEABLE BATTERY  AT  THE  TIME  THE  PRODUCT  IS  SOLD,
OFFERED  FOR  SALE,  OR DISTRIBUTED IN THE STATE. "RECHARGEABLE PRODUCT"
SHALL NOT MEAN:

S. 4522--A                          4

  A. A PRODUCT FROM WHICH A RECHARGEABLE BATTERY IS NOT EASILY REMOVABLE
OR IS NOT INTENDED OR DESIGNED TO BE REMOVED  FROM  THE  PRODUCT,  OTHER
THAN BY THE MANUFACTURER; OR
  B. AN IMPLANTED MEDICAL DEVICE, AS THAT TERM IS DEFINED IN THE FEDERAL
FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. S 321(H), AS AMENDED.
  17.  "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS, AND BY-PRODUCTS ARE TRANSFORMED INTO  NEW  USABLE  OR  MARKETABLE
MATERIALS  IN  A  MANNER  IN  WHICH THE ORIGINAL PRODUCTS MAY LOSE THEIR
IDENTITY, BUT DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY  GENERATION  BY
MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
OR WITHOUT OTHER WASTE PRODUCTS.
  18. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY OR A PRIMA-
RY  BATTERY-CONTAINING  PRODUCT  FOR SALE TO ANY CONSUMER OR BUSINESS AT
RETAIL IN THE STATE THROUGH ANY MEANS, INCLUDING REMOTE  OFFERINGS  SUCH
AS SALES OUTLETS, CATALOGUES, OR AN INTERNET WEBSITE.
S 27-1603. SALE  OF  PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING PROD-
             UCT; STEWARDSHIP ORGANIZATION REGISTRATION.
  1. SALE PROHIBITED. BEGINNING JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,
EXCEPT  AS  SET FORTH UNDER THIS SUBDIVISION AND SUBDIVISION TWO OF THIS
SECTION, A PRODUCER OF A PRIMARY BATTERY OR  PRIMARY  BATTERY-CONTAINING
PRODUCT  SHALL  NOT  SELL,  OFFER FOR SALE, OR DELIVER TO A RETAILER FOR
SUBSEQUENT SALE A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING  PRODUCT
UNLESS ALL OF THE FOLLOWING HAS BEEN MET:
  A.  THE  PRODUCER  OR  STEWARDSHIP ORGANIZATION IS REGISTERED UNDER AN
APPROVED AND IMPLEMENTED PRIMARY BATTERY STEWARDSHIP PLAN;
  B. THE PRODUCER OR STEWARDSHIP ORGANIZATION HAS  PAID  THE  FEE  UNDER
SECTION 27-1619 OF THIS TITLE; AND
  C. THE NAME OF THE PRODUCER AND THE PRODUCER'S BRAND ARE DESIGNATED ON
THE  DEPARTMENT  WEBSITE  AS  COVERED  BY  AN  APPROVED  PRIMARY BATTERY
STEWARDSHIP PLAN.
  2. PRIMARY BATTERY STEWARDSHIP ORGANIZATION REGISTRATION REQUIREMENTS.
BEGINNING SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN, AND  ANNUALLY  THERE-
AFTER,  A  STEWARDSHIP  ORGANIZATION SHALL FILE A REGISTRATION FORM WITH
THE COMMISSIONER. THE COMMISSIONER SHALL PROVIDE THE  REGISTRATION  FORM
TO A STEWARDSHIP ORGANIZATION. THE REGISTRATION FORM SHALL INCLUDE:
  A.  A  LIST  OF THE PRODUCERS OF PRIMARY BATTERIES AND PRIMARY BATTERY
CONTAINING PRODUCTS PARTICIPATING IN THE STEWARDSHIP ORGANIZATION;
  B. A LIST OF THE BRANDS  OF  PRIMARY  BATTERIES  AND  PRIMARY  BATTERY
CONTAINING  PRODUCTS  OF  EACH PRODUCER PARTICIPATING IN THE STEWARDSHIP
ORGANIZATION; AND
  C. THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON  RESPONSIBLE
FOR ENSURING THE PRODUCER'S COMPLIANCE WITH THIS CHAPTER.
  3.  NEW  PRODUCERS.  A PRODUCER WHO, AFTER JANUARY FIRST, TWO THOUSAND
SEVENTEEN, SEEKS TO SELL, OFFER  FOR  SALE,  OR  OFFER  FOR  PROMOTIONAL
PURPOSES  IN  THE  STATE A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING
PRODUCT NOT PREVIOUSLY SOLD IN THE STATE, SHALL NOTIFY THE  COMMISSIONER
PRIOR TO SELLING OR OFFERING A PRODUCT NOT COVERED BY A STEWARDSHIP PLAN
IN THE STATE. THE COMMISSIONER SHALL LIST A PRODUCER WHO SUPPLIES NOTICE
UNDER  THIS SUBDIVISION AS A "NEW PRODUCER" ON THE DEPARTMENT'S WEBSITE.
A PRODUCER THAT SUPPLIES NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY
DAYS TO EITHER JOIN AN EXISTING PRIMARY BATTERY STEWARDSHIP ORGANIZATION
OR TO SUBMIT A PRIMARY BATTERY STEWARDSHIP  PLAN  FOR  APPROVAL  TO  THE
STATE.
  4. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES,  OR IMPORTS IN THE STATE PRIMARY BATTERIES OR PRIMARY BATTERY-CON-

S. 4522--A                          5

TAINING PRODUCTS WITH A TOTAL RETAIL VALUE OF  LESS  THAN  FIVE  HUNDRED
DOLLARS SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE.
S 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
  1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
FIRST, TWO THOUSAND SEVENTEEN, EACH PRODUCER SELLING, OFFERING FOR SALE,
OR OFFERING FOR  PROMOTIONAL  PURPOSES  A  PRIMARY  BATTERY  OR  PRIMARY
BATTERY-CONTAINING PRODUCT IN THE STATE SHALL INDIVIDUALLY OR AS PART OF
A  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION  SUBMIT A PRIMARY BATTERY
STEWARDSHIP PLAN TO THE COMMISSIONER FOR REVIEW.
  2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY BATTERY STEWARDSHIP PLAN SHALL INCLUDE, AT  A  MINIMUM,  ALL  OF  THE
FOLLOWING ELEMENTS:
  A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
  (I)  ALL  PARTICIPATING  PRODUCERS AND CONTACT INFORMATION FOR EACH OF
THE PARTICIPATING PRODUCERS; AND
  (II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
  B. FREE  COLLECTION.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN  SHALL
PROVIDE  FOR  THE FREE COLLECTION OF PRIMARY BATTERIES FROM CONSUMERS. A
PRODUCER SHALL NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY  BASED  ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
  C.  COLLECTION;  CONVENIENCE.  EACH  PRIMARY  BATTERY STEWARDSHIP PLAN
SHALL:
  (I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING PRODUCTS COVERED UNDER THE PLAN AND ALL  MUNICIPALITIES  TO
OPT TO BE A COLLECTION FACILITY;
  (II) PROVIDE, AT A MINIMUM, NO FEWER THAN TWO COLLECTION FACILITIES IN
EACH COUNTY IN THE STATE; AND
  (III)  PROVIDE  FOR  THE  ACCEPTANCE  FROM  A CONSUMER OF UP TO TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
  D. METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN  SHALL
INCLUDE  A  DESCRIPTION  OF  THE METHOD THAT WILL BE USED TO RESPONSIBLY
MANAGE DISCARDED PRIMARY BATTERIES TO ENSURE THAT THE COMPONENTS OF  THE
DISCARDED  PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND TECHNICALLY
FEASIBLE, ARE RECYCLED.
  E. ROLES AND RESPONSIBILITIES.  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:
  (I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES  UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT INFORMATION
FOR EACH FACILITY;
  (II) THE NAME AND CONTACT INFORMATION OF A TRANSPORTER  OR  CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
  (III)  THE  NAME,  ADDRESS,  AND  CONTACT INFORMATION OF THE RECYCLING
FACILITIES THAT PROCESS  THE  COLLECTED  PRIMARY  BATTERIES  OR  PRIMARY
BATTERY-CONTAINING PRODUCTS.
  F.  EDUCATION  AND  OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE  EDUCATION  AND  OUTREACH
PROGRAM  MAY  INCLUDE  MEDIA  ADVERTISING,  RETAIL DISPLAYS, ARTICLES IN
TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC  EDUCATIONAL
EFFORTS.  THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM  TO  BUSI-
NESSES,  MUNICIPALITIES, RETAILERS, WHOLESALERS, AND HAULERS. AT A MINI-
MUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE PUBLIC  OF  THE
FOLLOWING:

S. 4522--A                          6

  (I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND
  (II)  THE  LOCATION  OF  COLLECTION  POINTS  AND  HOW  TO  ACCESS  THE
COLLECTION PROGRAM.
  G. REIMBURSEMENT.
  (I) A PRIMARY BATTERY STEWARDSHIP PLAN SHALL INCLUDE A PROCEDURE UNDER
WHICH THE PRODUCER OR STEWARDSHIP ORGANIZATION SUBMITTING THE PLAN SHALL
REIMBURSE ANOTHER PRIMARY BATTERY PRODUCER OR  STEWARDSHIP  ORGANIZATION
WITH  AN  APPROVED  PLAN  FOR THE ACTUAL DIRECT COSTS PER UNIT OF WEIGHT
INCURRED IN COLLECTING THE BRANDS OR PRODUCTS OF THE PRODUCER SUBMITTING
THE PLAN. DIRECT COSTS INCLUDE COSTS OF COLLECTION, TRANSPORT, RECYCLING
AND OTHER ACTUAL ENVIRONMENTAL  MANAGEMENT  COSTS,  PLUS  AN  ADDITIONAL
NEGOTIATED  AMOUNT  NOT  TO  EXCEED  TEN PERCENT TO REFLECT A REASONABLE
CONTRIBUTION FOR INDIRECT COSTS, INCLUDING  PERMITTING  FEES,  OVERHEAD,
PERSONNEL  COSTS,  ADMINISTRATION, INSURANCE, LEGAL OR ACCOUNTING COSTS,
EDUCATION AND OUTREACH, OR ANY OTHER COSTS.
  (II) A PRODUCER  OR  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION  THAT
RECEIVES  A  REQUEST  FOR REIMBURSEMENT MAY, PRIOR TO PAYMENT AND WITHIN
THIRTY DAYS OF RECEIPT OF THE  REQUEST  FOR  REIMBURSEMENT,  REQUEST  AN
INDEPENDENT  AUDIT  OF SUBMITTED REIMBURSEMENT COSTS. IF THE INDEPENDENT
AUDIT CONFIRMS THE REASONABLENESS  OF  THE  REIMBURSEMENT  REQUEST,  THE
PRODUCER  OR  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION REQUESTING THE
AUDIT SHALL PAY THE COST OF THE AUDIT.
  3. IMPLEMENTATION. A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP  ORGAN-
IZATION  SHALL  INCLUDE PROVISIONS IN THE PLAN FOR THE IMPLEMENTATION OF
THE PROGRAM IN  CONJUNCTION  WITH  THOSE  RETAILERS  AND  MUNICIPALITIES
ACTING  AS  COLLECTION FACILITIES UNDER A PROGRAM. IMPLEMENTATION OF THE
PROGRAM SHALL BE AT NO COST TO RETAILERS  OR  MUNICIPALITIES  ACTING  AS
COLLECTION  FACILITIES  UNDER A PROGRAM. A PRODUCER OR A PRIMARY BATTERY
STEWARDSHIP ORGANIZATION  SHALL  PROVIDE  RETAILERS  AND  MUNICIPALITIES
ACTING  AS  COLLECTION FACILITIES PRODUCTS OR EQUIPMENT FOR SETTING UP A
COLLECTION POINT AND FOR PROVIDING FOR THE PICKUP OF  COLLECTED  PRIMARY
BATTERIES,  INCLUDING  ARRANGING  FOR  THE  MANAGEMENT  OF THOSE PRIMARY
BATTERIES.
S 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND NINETEEN, AND
ANNUALLY THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP  ORGAN-
IZATION  SHALL  SUBMIT  A  REPORT  TO THE COMMISSIONER THAT CONTAINS THE
FOLLOWING:
  A. THE WEIGHT OF PRIMARY BATTERIES COLLECTED BY THE  PRODUCER  OR  THE
STEWARDSHIP ORGANIZATION IN THE PRIOR CALENDAR YEAR;
  B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
  C.  SPECIFIES  THE  COLLECTION  FACILITIES THAT FAILED IN THE PREVIOUS
CALENDAR YEAR TO COLLECT A MINIMUM OF ONE HUNDRED POUNDS  BY  WEIGHT  OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
NATED  FROM THE PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGANIZATION'S
PLAN;
  D. THE LOCATIONS FOR ALL COLLECTION POINTS SET  UP  BY  THE  PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
  E.  EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO INCREASE
COLLECTION;
  F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
  G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
  H. THE COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE  COSTS  OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.

S. 4522--A                          7

  2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
COLLECTING  AND  RECYCLING  PRIMARY  BATTERIES.  THE INDEPENDENT AUDITOR
SHALL  EXAMINE  THE  COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
THAT OF COLLECTION PROGRAMS FOR PRIMARY  BATTERIES  IN  OTHER  JURISDIC-
TIONS.    THE  INDEPENDENT  AUDITOR  SHALL  MAKE  RECOMMENDATIONS TO THE
COMMISSIONER ON WAYS TO INCREASE PROGRAM  EFFICACY  AND  COST-EFFECTIVE-
NESS.
S 27-1609. PRIMARY   BATTERY   STEWARDSHIP  ORGANIZATION;  REQUIREMENTS;
             REGISTRATION.
  1. PARTICIPATION IN A STEWARDSHIP ORGANIZATION. A  PRODUCER  MAY  MEET
THE  REQUIREMENTS  OF  THIS  TITLE BY PARTICIPATING IN A PRIMARY BATTERY
STEWARDSHIP ORGANIZATION THAT UNDERTAKES THE PRODUCER'S RESPONSIBILITIES
UNDER SECTIONS 27-1603, 27-1605, AND 27-1607 OF THIS TITLE.
  2. QUALIFICATIONS FOR A STEWARDSHIP  ORGANIZATION.  TO  QUALIFY  AS  A
STEWARDSHIP ORGANIZATION UNDER THIS CHAPTER, AN ORGANIZATION SHALL:
  A. COMMIT TO ASSUME THE RESPONSIBILITIES, OBLIGATIONS, AND LIABILITIES
OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP ORGANIZATION;
  B.  NOT CREATE UNREASONABLE BARRIERS FOR PARTICIPATION BY PRODUCERS IN
THE STEWARDSHIP ORGANIZATION; AND
  C. MAINTAIN A PUBLIC WEBSITE THAT LISTS ALL PRODUCERS  AND  PRODUCERS'
BRANDS   COVERED  BY  THE  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION'S
APPROVED COLLECTION PLAN.
  3. REGISTRATION REQUIREMENTS.
  A. BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THERE-
AFTER, A STEWARDSHIP ORGANIZATION SHALL FILE A  REGISTRATION  FORM  WITH
THE  COMMISSIONER.  THE COMMISSIONER SHALL PROVIDE THE REGISTRATION FORM
TO A STEWARDSHIP ORGANIZATION. THE REGISTRATION FORM SHALL INCLUDE:
  (I) A LIST OF THE PRODUCERS PARTICIPATING IN THE STEWARDSHIP ORGANIZA-
TION;
  (II) THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON  RESPONSI-
BLE FOR ENSURING A PRODUCER'S COMPLIANCE WITH THIS TITLE;
  (III)  A  DESCRIPTION  OF  HOW  THE STEWARDSHIP ORGANIZATION MEETS THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, INCLUDING  ANY  REASON-
ABLE REQUIREMENTS FOR PARTICIPATION IN THE STEWARDSHIP ORGANIZATION; AND
  (IV)  THE  NAME,  ADDRESS,  AND  CONTACT  INFORMATION  OF A PERSON FOR
NONMEMBER MANUFACTURER TO CONTRACT ON HOW TO PARTICIPATE IN THE STEWARD-
SHIP ORGANIZATION TO SATISFY THE REQUIREMENTS OF THIS TITLE.
  B. A RENEWAL OF A REGISTRATION WITHOUT  CHANGES  MAY  BE  ACCOMPLISHED
THROUGH NOTIFYING THE COMMISSIONER ON A FORM PROVIDED BY THE COMMISSION-
ER.
  4.  PRIMARY  BATTERY-CONTAINING PRODUCTS; NOTIFICATION. PRODUCERS OF A
BATTERY-CONTAINING PRODUCT WHO CHOOSE TO  FULFILL  THE  REQUIREMENTS  OF
THIS TITLE BY PARTICIPATION IN A STEWARDSHIP ORGANIZATION UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL NOTIFY EACH PRODUCT STEWARDSHIP ORGANIZA-
TION  OPERATING AN APPROVED PROGRAM THAT THE PRIMARY BATTERIES CONTAINED
WITHIN OR PACKAGED WITH THEIR PRODUCTS ARE COVERED BY A PRIMARY  BATTERY
PRODUCER  PARTICIPATING  IN A STEWARDSHIP PROGRAM, AND SHALL PROVIDE THE
NAME OF THE PRODUCTS, AS WELL AS THE IDENTITY  OF  ITS  PRIMARY  BATTERY
SUPPLIER,  BRAND,  WEIGHT,  CHEMISTRY,  ESTIMATED  NUMBER  OF  BATTERIES
CONTAINED IN, OR PACKAGED WITH, THE PRODUCTS SOLD IN THE STATE, AND SUCH
OTHER DETAILS  AS  THE  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION  MAY
REASONABLY  REQUIRE. A PRIMARY BATTERY STEWARDSHIP ORGANIZATION IN WHICH
THE PRIMARY BATTERY SUPPLIER IS PARTICIPATING SHALL, AS PART OF THE LIST
SUBMITTED UNDER SUBDIVISION  TWO  OF  SECTION  27-1605  OF  THIS  TITLE,

S. 4522--A                          8

INCLUDE  THE  PRODUCER  OF  THE  PRIMARY BATTERY-CONTAINING PRODUCT AS A
PARTICIPANT IN ITS PROGRAM, SUBJECT TO ANY LIMITATIONS OR EXCEPTIONS  AS
MAY   BE   INDICATED   BY  THE  INFORMATION  SUBMITTED  BY  THE  PRIMARY
BATTERY-CONTAINING PRODUCT PRODUCER.
S 27-1611. AGENCY RESPONSIBILITIES; APPROVAL OF PLANS.
  1.  APPROVAL  OF  PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
STEWARDSHIP PLAN, THE COMMISSIONER  SHALL  DETERMINE  WHETHER  THE  PLAN
COMPLIES  WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY  THE  APPLI-
CANT  OF  THE  PLAN  APPROVAL  IN WRITING. IF THE COMMISSIONER REJECTS A
PLAN, THE COMMISSIONER SHALL NOTIFY THE  APPLICANT  IN  WRITING  OF  THE
REASONS  FOR  REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER  WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
  2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL  BE  APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
HIS OR HER DISCRETION OR AT THE REQUEST OF A  PRODUCER,  MAY  REQUIRE  A
PRODUCER  OR  A  PRIMARY  BATTERY  STEWARDSHIP  ORGANIZATION TO AMEND AN
APPROVED PLAN.
  3. PUBLIC  NOTICE.  THE  COMMISSIONER  SHALL  POST  ALL  PROPOSED  AND
APPROVED  PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE,
SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF  SECTION  27-1615  OF  THIS
TITLE.
  4.  PUBLIC  INPUT.  THE  COMMISSIONER  SHALL ESTABLISH A PROCESS UNDER
WHICH A PRIMARY BATTERY STEWARDSHIP PLAN,  PRIOR  TO  PLAN  APPROVAL  OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
  5.  REGISTRATIONS.  THE COMMISSIONER SHALL ACCEPT, REVIEW, AND APPROVE
OR DENY PRIMARY BATTERY STEWARDSHIP ORGANIZATION REGISTRATIONS SUBMITTED
UNDER SECTION 27-1605 OF THIS TITLE.
  6. AGENCY WEBSITE. THE COMMISSIONER  SHALL  MAINTAIN  A  WEBSITE  THAT
INCLUDES  THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
APPROVED PLANS. THE WEBSITE SHALL LIST ALL  OF  AN  APPROVED  PRODUCER'S
BRANDS  COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS  OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
  7.  TERM  OF  STEWARDSHIP  PLAN.  A  PRIMARY  BATTERY STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
S 27-1613. RETAILER OBLIGATIONS.
  1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
SECTION,  BEGINNING  JANUARY  FIRST,  TWO THOUSAND EIGHTEEN, NO RETAILER
SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY OR  PRIMARY  BATTERY-CON-
TAINING  PRODUCT  UNLESS  THE  RETAILER  HAS  REVIEWED  THE DEPARTMENT'S
WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION 27-1611 OF THIS TITLE  TO
DETERMINE   THAT   THE  PRODUCER  OF  THE  PRIMARY  BATTERY  OR  PRIMARY
BATTERY-CONTAINING PRODUCT IS IMPLEMENTING AN APPROVED  COLLECTION  PLAN
OR IS A MEMBER OF A STEWARDSHIP ORGANIZATION.
  2.  INVENTORY  EXCEPTION;  EXPIRATION  OR  REVOCATION  OF MANUFACTURER
REGISTRATION. A RETAILER SHALL NOT BE RESPONSIBLE FOR AN  UNLAWFUL  SALE
OF  A  PRIMARY  BATTERY OR PRIMARY BATTERY-CONTAINING PRODUCT UNDER THIS
SECTION IF:
  A. THE RETAILER PURCHASED THE PRIMARY BATTERY OR PRIMARY  BATTERY-CON-
TAINING  PRODUCT PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN AND SELLS
THE BATTERY OR PRODUCT ON OR BEFORE JANUARY FIRST,  TWO  THOUSAND  NINE-
TEEN; OR

S. 4522--A                          9

  B.  THE  PRODUCER'S  STEWARDSHIP  PLAN EXPIRED OR WAS REVOKED, AND THE
RETAILER TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY  BATTERIES
OR  PRIMARY BATTERY-CONTAINING PRODUCTS PRIOR TO THE EXPIRATION OR REVO-
CATION OF THE PRODUCER'S STEWARDSHIP PLAN.
S 27-1615. CONFIDENTIALITY OF SUBMITTED DATA.
  1.  CONFIDENTIALITY  OF  SUBMITTED  REPORTS AND DATA. REPORTS AND DATA
SUBMITTED UNDER THIS TITLE SHALL BE AVAILABLE FOR PUBLIC INSPECTION  AND
COPYING, PROVIDED THAT:
  A. INFORMATION EXEMPTED UNDER THE FREEDOM OF INFORMATION LAW, PURSUANT
TO  ARTICLE  SIX  OF  THE PUBLIC OFFICERS LAW SHALL NOT BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING.
  B. THE COMMISSIONER MAY PUBLISH INFORMATION CONFIDENTIAL  UNDER  PARA-
GRAPH  A  OF  THIS SUBDIVISION IN A SUMMARY OR AGGREGATED FORM THAT DOES
NOT DIRECTLY OR INDIRECTLY IDENTIFY INDIVIDUAL PRODUCERS,  DISTRIBUTORS,
OR RETAILERS.
  2. OMISSION OF TRADE SECRET INFORMATION. THE COMMISSIONER MAY REQUIRE,
AS  A  PART OF A REPORT SUBMITTED UNDER THIS TITLE, THAT THE PRODUCER OR
STEWARDSHIP ORGANIZATION SUBMIT A REPORT THAT  DOES  NOT  CONTAIN  TRADE
SECRET INFORMATION AND IS AVAILABLE FOR PUBLIC INSPECTION AND REVIEW.
  3.  TOTAL WEIGHT OF BATTERIES. THE TOTAL WEIGHT OF BATTERIES COLLECTED
UNDER AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN IS  NOT  CONFIDENTIAL
BUSINESS  INFORMATION EXEMPTED UNDER THE FREEDOM OF INFORMATION LAW, AND
SHALL BE SUBJECT TO INSPECTION AND REVIEW.
S 27-1617. ANTITRUST; CONDUCT AUTHORIZED.
  1. ACTIVITY AUTHORIZED. A PRODUCER, GROUP OF PRODUCERS, OR STEWARDSHIP
ORGANIZATION IMPLEMENTING OR PARTICIPATING IN  AN  APPROVED  STEWARDSHIP
PLAN  UNDER  THIS  TITLE  FOR THE COLLECTION, TRANSPORT, PROCESSING, AND
END-OF-LIFE MANAGEMENT OF PRIMARY BATTERIES ARE INDIVIDUALLY OR  JOINTLY
IMMUNE FROM LIABILITY FOR THE CONDUCT UNDER STATE LAWS RELATING TO ANTI-
TRUST,  RESTRAINT OF TRADE, UNFAIR TRADE PRACTICES, AND OTHER REGULATION
OF TRADE OR COMMERCE, TO THE  EXTENT  THAT  THE  CONDUCT  IS  REASONABLY
NECESSARY  TO  PLAN, IMPLEMENT, AND COMPLY WITH THE PRODUCER'S, GROUP OF
PRODUCERS', OR STEWARDSHIP ORGANIZATION'S  CHOSEN  SYSTEM  FOR  MANAGING
DISCARDED  PRIMARY  BATTERIES.  THIS  SUBDIVISION  SHALL  ALSO  APPLY TO
CONDUCT OF A RETAILER OR  WHOLESALER  PARTICIPATING  IN  A  PRODUCER  OR
STEWARDSHIP  ORGANIZATION'S  APPROVED PLAN WHEN THE CONDUCT IS NECESSARY
TO PLAN AND  IMPLEMENT  THE  PRODUCER'S  OR  STEWARDSHIP  ORGANIZATION'S
ORGANIZED COLLECTION OR RECYCLING SYSTEM FOR DISCARDED BATTERIES.
  2.  LIMITATIONS ON ANTITRUST ACTIVITY. SUBDIVISION ONE OF THIS SECTION
SHALL NOT APPLY TO AN AGREEMENT AMONG PRODUCERS,  GROUPS  OF  PRODUCERS,
RETAILERS, WHOLESALERS, OR STEWARDSHIP ORGANIZATIONS AFFECTING THE PRICE
OF  PRIMARY  BATTERIES  OR  PRIMARY  BATTERY-CONTAINING  PRODUCTS OR ANY
AGREEMENT RESTRICTING THE GEOGRAPHIC AREA  IN  WHICH,  OR  CUSTOMERS  TO
WHOM,  PRIMARY BATTERIES OR PRIMARY BATTERY-CONTAINING PRODUCTS SHALL BE
SOLD.
S 27-1619. ADMINISTRATIVE FEE.
  1. FEE ASSESSED. A PRODUCER OF STEWARDSHIP ORGANIZATION  SHALL  PAY  A
FEE  OF FIFTEEN THOUSAND DOLLARS ANNUALLY FOR OPERATION UNDER A STEWARD-
SHIP PLAN APPROVED BY THE COMMISSIONER UNDER  SECTION  27-1611  OF  THIS
TITLE.
  2.  DISPOSITION  OF  FEE.  THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL  FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 27-1621. PRIVATE RIGHT OF ACTION.
  1. A PRODUCER OF A PRIMARY BATTERY STEWARDSHIP ORGANIZATION IMPLEMENT-
ING  AN  APPROVED PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE

S. 4522--A                         10

MAY BRING A CIVIL ACTION AGAINST ANOTHER PRODUCER OR STEWARDSHIP  ORGAN-
IZATION FOR DAMAGES WHEN:
  A. THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION INCURS MORE THAN
THREE  THOUSAND  DOLLARS  IN  ACTUAL  DIRECT COSTS COLLECTING, HANDLING,
RECYCLING, OR PROPERLY DISPOSING OF PRIMARY BATTERIES  SOLD  OR  OFFERED
FOR SALE IN THE STATE BY ANOTHER PRODUCER;
  B. THE PRODUCER FROM WHOM DAMAGES ARE SOUGHT:
  (I)  CAN BE IDENTIFIED AS THE PRODUCER OF THE COLLECTED BATTERIES FROM
A BRAND OR MARKING ON THE DISCARDED BATTERY OR  FROM  OTHER  INFORMATION
AVAILABLE TO THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION; AND
  (II)  DOES  NOT OPERATE AN APPROVED BATTERY STEWARDSHIP PROGRAM IN THE
STATE.
  2. A. A PRODUCER OR PRIMARY BATTERY  STEWARDSHIP  ORGANIZATION  IMPLE-
MENTING  AN  APPROVED  PLAN  IN COMPLIANCE WITH THE REQUIREMENTS OF THIS
TITLE MAY BRING A CIVIL ACTION FOR DAMAGES AGAINST ANOTHER  PRODUCER  OR
STEWARDSHIP  ORGANIZATION  THAT  IS IMPLEMENTING AN APPROVED PLAN IN THE
STATE WHEN:
  (I) THE PLAINTIFF PRODUCER OR  STEWARDSHIP  ORGANIZATION  SUBMITTED  A
REIMBURSEMENT  REQUEST  TO  ANOTHER PRODUCER OR STEWARDSHIP ORGANIZATION
UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G  OF  SUBDIVISION  TWO  OF
SECTION 27-1605 OF THIS TITLE;
  (II) THE PLAINTIFF PRODUCER DOES NOT RECEIVE REIMBURSEMENT WITHIN:
  (1)  SIXTY  DAYS  OF THE REQUEST, IF NO INDEPENDENT AUDIT IS REQUESTED
UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G  OF  SUBDIVISION  TWO  OF
SECTION 27-1605 OF THIS TITLE; OR
  (2)  THIRTY  DAYS AFTER COMPLETION OF AN AUDIT IF AN INDEPENDENT AUDIT
IS REQUESTED UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G OF  SUBDIVI-
SION  TWO  OF  SECTION  27-1605 OF THIS TITLE AND THE AUDIT CONFIRMS THE
VALIDITY OF THE REIMBURSEMENT REQUEST.
  B. A CIVIL ACTION UNDER THIS SUBDIVISION MAY  BE  BROUGHT  AGAINST  AN
INDIVIDUAL PRODUCER ONLY IF THE PRODUCER IS IMPLEMENTING ITS OWN PRIMARY
BATTERY STEWARDSHIP PLAN. A PRODUCER PARTICIPATING IN AN APPROVED PRIMA-
RY  BATTERY  STEWARDSHIP  PLAN  COVERING MULTIPLE PRODUCERS SHALL NOT BE
SUED INDIVIDUALLY  FOR  REIMBURSEMENT.  AN  ACTION  AGAINST  A  PRODUCER
PARTICIPATING IN A STEWARDSHIP PLAN COVERING MULTIPLE PRODUCERS SHALL BE
BROUGHT AGAINST THE STEWARDSHIP ORGANIZATION IMPLEMENTING THE PLAN.
  3. AS USED IN THIS SECTION, "DAMAGES" MEANS:
  A. THE ACTUAL, DIRECT COSTS A PLAINTIFF PRODUCER INCURS IN COLLECTING,
HANDLING,  RECYCLING, OR PROPERLY DISPOSING OF PRIMARY BATTERIES REASON-
ABLY IDENTIFIED AS HAVING ORIGINATED FROM A NONCOMPLIANT PRODUCER;
  B. EXEMPLARY DAMAGES NOT EXCEEDING  THREE  TIMES  THE  COSTS  INCURRED
UNDER PARAGRAPH A OF THIS SUBDIVISION; AND
  C.  THE  PREVAILING  PLAINTIFF PRODUCER'S ATTORNEY'S FEES AND COSTS OF
BRINGING THE ACTION.
S 27-1623. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS.
  1. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS. A  PRIMARY  BATTERY
PRODUCER  OR  PRIMARY  BATTERY  STEWARDSHIP ORGANIZATION SHALL REIMBURSE
OPERATORS OF A BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP  ORGANIZATION,
OR  OTHER  PERSON OPERATING A BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP
PROGRAM, FOR ACTUAL DIRECT COSTS PER UNIT OF WEIGHT INCURRED BY THE BONA
FIDE RECHARGEABLE BATTERY STEWARDSHIP ORGANIZATION IN THE COLLECTION  OF
PRIMARY  BATTERIES  SUPPLIED  BY  PRODUCERS PARTICIPATING IN AN APPROVED
PRIMARY BATTERY STEWARDSHIP PROGRAM IN THE STATE. DIRECT  COSTS  INCLUDE
COSTS OF COLLECTION, TRANSPORT, RECYCLING AND OTHER ACTUAL ENVIRONMENTAL
MANAGEMENT COSTS, PLUS AN ADDITIONAL NEGOTIATED AMOUNT NOT TO EXCEED TEN
PERCENT TO REFLECT A REASONABLE CONTRIBUTION FOR INDIRECT COSTS, INCLUD-

S. 4522--A                         11

ING  PERMITTING  FEES, OVERHEAD, PERSONNEL COSTS, ADMINISTRATION, INSUR-
ANCE, LEGAL OR ACCOUNTING COSTS, EDUCATION AND OUTREACH,  OR  ANY  OTHER
COSTS.
  2. REQUEST FOR AUDIT. A PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION  THAT  RECEIVES  A REQUEST FOR REIMBURSEMENT FROM A RECHARGEABLE
BATTERY STEWARD MAY, PRIOR TO PAYMENT AND  WITHIN  THIRTY  DAYS  OF  THE
REQUEST FOR REIMBURSEMENT, REQUEST AN INDEPENDENT AUDIT OF THE REQUESTED
REIMBURSEMENT  COSTS.  IF THE INDEPENDENT AUDIT CONFIRMS THE REASONABLE-
NESS OF THE REIMBURSEMENT  REQUEST,  THE  PRODUCER  OR  PRIMARY  BATTERY
STEWARDSHIP  ORGANIZATION REQUESTING THE AUDIT SHALL PAY THE COST OF THE
AUDIT.
  3. A. CIVIL ACTION FOR FAILURE TO REIMBURSE.  A  RECHARGEABLE  BATTERY
STEWARD  OR  OTHER  PERSON OPERATING A BONA FIDE PROGRAM TO COLLECT USED
RECHARGEABLE BATTERIES FOR RECYCLING IN THE  STATE  MAY  BRING  A  CIVIL
ACTION FOR DAMAGES AGAINST A PRIMARY BATTERY PRODUCER OR PRIMARY BATTERY
STEWARDSHIP  ORGANIZATION  THAT  IS IMPLEMENTING AN APPROVED PLAN IN THE
STATE WHEN:
  (I) THE RECHARGEABLE BATTERY STEWARD SUBMITTED A REIMBURSEMENT REQUEST
TO ANOTHER PRODUCER OR STEWARDSHIP ORGANIZATION UNDER SUBDIVISION TWO OF
THIS SECTION;
  (II) THE RECHARGEABLE BATTERY STEWARD DOES NOT  RECEIVE  REIMBURSEMENT
WITHIN:
  (1)  SIXTY  DAYS  OF THE REQUEST, IF NO INDEPENDENT AUDIT IS REQUESTED
UNDER SUBDIVISION TWO OF THIS SECTION; OR
  (2) THIRTY DAYS AFTER COMPLETION OF AN AUDIT IF AN  INDEPENDENT  AUDIT
IS  REQUESTED  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION  AND THE AUDIT
CONFIRMS THE VALIDITY OF THE REIMBURSEMENT REQUEST.
  B. A CIVIL ACTION UNDER THIS SUBDIVISION MAY  BE  BROUGHT  AGAINST  AN
INDIVIDUAL PRIMARY BATTERY PRODUCER ONLY IF THE PRODUCER IS IMPLEMENTING
ITS  OWN  PRIMARY BATTERY STEWARDSHIP PLAN OR THE PRODUCER HAS FAILED TO
REGISTER TO PARTICIPATE IN A PLAN. A PRIMARY  BATTERY  PRODUCER  PARTIC-
IPATING  IN AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN COVERING MULTI-
PLE PRODUCERS SHALL NOT  BE  SUED  INDIVIDUALLY  FOR  REIMBURSEMENT.  AN
ACTION AGAINST A PRIMARY BATTERY PRODUCER PARTICIPATING IN A STEWARDSHIP
PLAN  COVERING  MULTIPLE PRODUCERS SHALL BE BROUGHT AGAINST THE STEWARD-
SHIP ORGANIZATION IMPLEMENTING THE PLAN.
  4. PROCEDURE; BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP PROGRAM.
  A. THE COMMISSIONER MAY REQUIRE A PRIMARY BATTERY PRODUCER OR A PRIMA-
RY  BATTERY  STEWARDSHIP  ORGANIZATION  TO  SUBMIT  THE  PROCEDURE   FOR
REIMBURSEMENT UNDER THIS SECTION TO THE COMMISSIONER FOR APPROVAL.
  B.  THE  COMMISSIONER,  IN  HIS  OR  HER  DISCRETION,  SHALL APPROVE A
RECHARGEABLE  BATTERY  STEWARDSHIP  PROGRAM  AS  BONA  FIDE  UNDER  THIS
SECTION.
S 27-1625. PENALTIES.
  A  PRODUCER  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND  DOLLARS  PER  DAY
FOR EACH DAY OF NONCOMPLIANCE.
S 27-1627. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  S 2. Subdivision 2 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph dd to read as follows:
  DD. ENFORCE A PRODUCT STEWARDSHIP PROGRAM,  INCLUDING  THE  COLLECTION
AND  DISPOSAL OF PRIMARY BATTERIES, PURSUANT TO TITLE SIXTEEN OF ARTICLE
TWENTY-SEVEN OF THIS CHAPTER.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S4522B - Details

See Assembly Version of this Bill:: A9921
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S4522, A9921

2015-S4522B - Summary

Relates to establishing a product stewardship program for primary batteries.

2015-S4522B - Sponsor Memo

                                 BILL NUMBER:  S4522B

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
establishing a product stewardship program for primary batteries

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to establish a battery recycling program
for consumers.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would:

*define relevant terms including "primary battery," which would mean a
non rechargeable battery, including alkaline, carbon-zinc, and lithium
metal, weighing two kilograms or less;

*prohibit the sale of primary batteries unless the producer is
registered with the Department of Environmental Conservation (DEC) and
has an approved battery stewardship plan;

*require battery stewardship plans to include:

o all producers and contact information;
o brands of batteries covered by the plan;
o free collection from consumers;
o method of disposition;
o a description of roles and responsibilities; and,
o education and outreach

*require a producer to submit an annual report to DEC; and,

*establish parameters for DEC involvement to include:

o plan approval;
o website posting of all proposed and approved plans;
o maintenance of producer names and brands on the DEC website; and,
o receipt of producer registration fees.

 JUSTIFICATION :

This legislation would authorize New York to expand its recycling
efforts beyond rechargeable batteries to address other types of
batteries by requiring battery manufacturers to establish a consumer
collection program. Batteries contain metals such as zinc, steel and
manganese that can be recycled, helping to reduce the need for mining
and refining. Several other states including Vermont and Connecticut
have adopted battery recycling programs.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal State fiscal implications.

 EFFECTIVE DATE :
This act shall take effect 90 days after enactment.

2015-S4522B - Bill Text download pdf

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

                                 4522--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing a product stewardship program for primary batteries

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 16 to read as follows:
                                TITLE 16
                           PRODUCT STEWARDSHIP
                          FOR PRIMARY BATTERIES
SECTION 27-1601. DEFINITIONS.
        27-1603. PRIMARY BATTERY REGISTRATION.
        27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
        27-1607. ANNUAL REPORT; PLAN AUDIT.
        27-1609. AGENCY RESPONSIBILITIES.
        27-1611. RETAILER OBLIGATIONS.
        27-1613. ADMINISTRATIVE FEE.
        27-1615. PENALTIES.
        27-1617. RULEMAKING; PROCEDURE.
S 27-1601. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
  2.  "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
FIES A PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO  THE  OWNER
OR LICENSEE OF THE BRAND AS THE PRODUCER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04566-04-6

S. 4522--B                          2

  3.  "COLLECTION  RATE" MEANS A PERCENTAGE BY WEIGHT THAT EACH PRODUCER
OR PRODUCERS COLLECTS BY AN ESTABLISHED DATE. THE COLLECTION RATE  SHALL
BE  CALCULATED  BY  WEIGHT  BASED ON THE PERCENTAGE OF PRIMARY BATTERIES
THAT ARE COLLECTED DURING A CALENDAR YEAR, AS COMPARED  TO  THE  AVERAGE
WEIGHT OF PRIMARY BATTERIES THAT WERE ESTIMATED TO HAVE BEEN SOLD IN THE
STATE  BY  PARTICIPATING  PRODUCERS  DURING  THE THREE PREVIOUS CALENDAR
YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY BE BASED  ON
A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
  4.  "CONSUMER"  MEANS  ANY  PERSON  WHO RETURNS ANY NUMBER OF UNWANTED
PRIMARY BATTERIES.
  5. "DISCARDED PRIMARY BATTERY" MEANS A  PRIMARY  BATTERY  THAT  IS  NO
LONGER  USED  FOR  ITS MANUFACTURED PURPOSE, WANTED BY ITS OWNER, OR FOR
ANY OTHER REASON ENTERS THE WASTE  COLLECTION,  RECOVERY,  TREATMENT  OR
RECYCLING SYSTEM.
  6. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
  7.  "PRIMARY  BATTERY"  MEANS  A  NONRECHARGEABLE BATTERY WEIGHING TWO
KILOGRAMS OR LESS, INCLUDING ALKALINE, CARBON-ZINC, AND LITHIUM METAL.
  8. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN SUBMITTED
TO THE COMMISSIONER PURSUANT TO SECTION 27-1605  OF  THIS  TITLE  BY  AN
INDIVIDUAL PRODUCER OR BY TWO OR MORE PRODUCERS ACTING COLLECTIVELY.
  9.  "PRODUCER"  MEANS  ONE  OF  THE FOLLOWING WITH REGARD TO A PRIMARY
BATTERY THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE:
  A. A PERSON WHO MANUFACTURES A PRIMARY BATTERY AND WHO  SELLS,  OFFERS
FOR  SALE,  OR  DISTRIBUTES  THAT PRIMARY BATTERY IN THE STATE UNDER THE
PERSON'S OWN NAME OR BRAND;
  B. IF SUBPARAGRAPH A OF THIS PARAGRAPH DOES NOT APPLY,  A  PERSON  WHO
OWNS  OR  LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY BATTERY IS
SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE, WHETHER OR NOT  THE
TRADEMARK IS REGISTERED; OR
  C.  IF  SUBPARAGRAPHS A AND B OF THIS PARAGRAPH DO NOT APPLY, A PERSON
WHO IMPORTS A PRIMARY BATTERY INTO THE STATE FOR SALE OR DISTRIBUTION.
  10. "PROGRAM" OR  "STEWARDSHIP  PROGRAM"  MEANS  THE  SYSTEM  FOR  THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  11.  "RECHARGEABLE BATTERY" SHALL HAVE THE SAME MEANING AS SUBDIVISION
FOUR OF SECTION 27-1803 OF THIS ARTICLE.
  12. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS,  COMPO-
NENTS,  AND  BY-PRODUCTS  ARE  TRANSFORMED INTO NEW USABLE OR MARKETABLE
MATERIALS IN A MANNER IN WHICH THE  ORIGINAL  PRODUCTS  MAY  LOSE  THEIR
IDENTITY,  BUT  DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY
MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
OR WITHOUT OTHER WASTE PRODUCTS.
  13. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY FOR SALE TO
ANY CONSUMER OR BUSINESS AT RETAIL  IN  THE  STATE  THROUGH  ANY  MEANS,
INCLUDING  REMOTE  OFFERINGS  SUCH  AS  SALES OUTLETS, CATALOGUES, OR AN
INTERNET WEBSITE.
S 27-1603. PRIMARY BATTERY REGISTRATION.
  1. SALE PROHIBITED. BEGINNING JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,
EXCEPT  AS  SET  FORTH  UNDER  THIS SUBDIVISION, A PRODUCER OF A PRIMARY
BATTERY SHALL NOT SELL, OFFER FOR SALE, OR DELIVER  TO  A  RETAILER  FOR
SUBSEQUENT  SALE  A PRIMARY BATTERY UNLESS ALL OF THE FOLLOWING HAS BEEN
MET:
  A. THE PRODUCER IS REGISTERED UNDER AN APPROVED AND IMPLEMENTED PRIMA-
RY BATTERY STEWARDSHIP PLAN;

S. 4522--B                          3

  B. THE PRODUCER OR PRODUCERS HAVE PAID THE FEE UNDER  SECTION  27-1613
OF THIS TITLE; AND
  C. THE PRODUCER OR PRODUCERS AND THE BRAND OF SUCH PRODUCER OR PRODUC-
ERS DESIGNATED ON THE DEPARTMENT WEBSITE ARE IDENTIFIED AS COVERED BY AN
APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  2.  NEW  PRODUCERS.  A PRODUCER WHO, AFTER JANUARY FIRST, TWO THOUSAND
EIGHTEEN, SEEKS TO SELL,  OFFER  FOR  SALE,  OR  OFFER  FOR  PROMOTIONAL
PURPOSES  IN  THE  STATE  A  PRIMARY  BATTERY NOT PREVIOUSLY SOLD IN THE
STATE, SHALL NOTIFY THE COMMISSIONER PRIOR  TO  SELLING  OR  OFFERING  A
PRODUCT NOT COVERED BY A STEWARDSHIP PLAN IN THE STATE. THE COMMISSIONER
SHALL  LIST  A  PRODUCER WHO SUPPLIES NOTICE UNDER THIS SUBDIVISION AS A
"NEW PRODUCER" ON THE DEPARTMENT'S WEBSITE.   A PRODUCER  THAT  SUPPLIES
NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY DAYS TO EITHER ACT COOP-
ERATIVELY  WITH AT LEAST ONE OTHER PRODUCER OR TO SUBMIT ITS OWN PRIMARY
BATTERY STEWARDSHIP PLAN FOR APPROVAL TO THE STATE.
  3. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES, OR IMPORTS IN THE STATE PRIMARY  BATTERIES  WITH  A  TOTAL  RETAIL
VALUE  OF  LESS  THAN  FIVE  HUNDRED  DOLLARS  SHALL  BE EXEMPT FROM THE
REQUIREMENTS OF THIS TITLE.
S 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
  1. PRIMARY BATTERY STEWARDSHIP  PLAN  REQUIRED.  ON  OR  BEFORE  APRIL
FIRST, TWO THOUSAND SEVENTEEN, EACH PRODUCER SELLING, OFFERING FOR SALE,
OR  OFFERING  FOR  PROMOTIONAL  PURPOSES  A PRIMARY BATTERY IN THE STATE
SHALL INDIVIDUALLY OR AS PART OF A PRIMARY BATTERY STEWARDSHIP ORGANIZA-
TION SUBMIT A PRIMARY BATTERY STEWARDSHIP PLAN TO THE  COMMISSIONER  FOR
REVIEW.
  2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY  BATTERY  STEWARDSHIP  PLAN  SHALL  INCLUDE, AT A MINIMUM, ALL OF THE
FOLLOWING ELEMENTS:
  A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
  (I) ALL PARTICIPATING PRODUCERS AND CONTACT INFORMATION  FOR  EACH  OF
THE PARTICIPATING PRODUCERS; AND
  (II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
  B.  FREE  COLLECTION.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN SHALL
PROVIDE FOR THE FREE COLLECTION OF PRIMARY BATTERIES FROM  CONSUMERS.  A
PRODUCER  SHALL  NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY BASED ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
  C. COLLECTION; CONVENIENCE.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN
SHALL:
  (I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING  PRODUCTS  COVERED UNDER THE PLAN AND ALL MUNICIPALITIES TO
OPT TO BE A COLLECTION FACILITY;
  (II) PROVIDE, AT A MINIMUM, NO FEWER  THAN  TWO  PERMANENT  COLLECTION
FACILITIES IN EACH COUNTY IN THE STATE; AND
  (III)  PROVIDE  FOR  THE  ACCEPTANCE  FROM  A CONSUMER OF UP TO TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
  D. METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN  SHALL
INCLUDE A DESCRIPTION OF THE METHOD THAT WILL BE USED TO RESPONSIBLY AND
PROPERLY  MANAGE  DISCARDED PRIMARY BATTERIES AND ENSURE THAT THE COMPO-
NENTS OF THE DISCARDED PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND
TECHNICALLY FEASIBLE, ARE RECYCLED.
  E. ROLES AND RESPONSIBILITIES.  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:

S. 4522--B                          4

  (I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES  UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT INFORMATION
FOR EACH FACILITY;
  (II)  THE  NAME AND CONTACT INFORMATION OF A TRANSPORTER OR CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
  (III) THE NAME, ADDRESS, AND  CONTACT  INFORMATION  OF  THE  RECYCLING
FACILITIES THAT PROCESS THE COLLECTED PRIMARY BATTERIES.
  F.  EDUCATION  AND  OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE  EDUCATION  AND  OUTREACH
PROGRAM  MAY  INCLUDE  MEDIA  ADVERTISING,  RETAIL DISPLAYS, ARTICLES IN
TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC  EDUCATIONAL
EFFORTS.  THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM  TO  BUSI-
NESSES,  MUNICIPALITIES, RETAILERS, WHOLESALERS, AND TRANSPORTERS.  AT A
MINIMUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE  PUBLIC  OF
THE FOLLOWING:
  (I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND
  (II)  THE  LOCATION  OF  COLLECTION  POINTS  AND  HOW  TO  ACCESS  THE
COLLECTION PROGRAM.
  3. IMPLEMENTATION. A PRODUCER OR PRODUCERS SHALL INCLUDE PROVISIONS IN
THE PLAN FOR THE IMPLEMENTATION OF THE PROGRAM IN CONJUNCTION WITH THOSE
RETAILERS AND MUNICIPALITIES ACTING AS  COLLECTION  FACILITIES  UNDER  A
PROGRAM.  IMPLEMENTATION OF THE PROGRAM SHALL BE AT NO COST TO RETAILERS
OR MUNICIPALITIES ACTING AS COLLECTION FACILITIES  UNDER  A  PROGRAM.  A
PRODUCER SHALL PROVIDE RETAILERS AND MUNICIPALITIES ACTING AS COLLECTION
FACILITIES  PRODUCTS  OR EQUIPMENT FOR SETTING UP A COLLECTION POINT AND
FOR PROVIDING FOR THE PICKUP OF COLLECTED PRIMARY  BATTERIES,  INCLUDING
ARRANGING FOR THE MANAGEMENT OF THOSE PRIMARY BATTERIES.
S 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND NINETEEN, AND
ANNUALLY  THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION SHALL SUBMIT A REPORT TO  THE  COMMISSIONER  THAT  CONTAINS  THE
FOLLOWING:
  A.  THE  WEIGHT  OF  PRIMARY  BATTERIES  COLLECTED  BY THE PRODUCER OR
PRODUCERS ACTING COOPERATIVELY IN THE PRIOR CALENDAR YEAR;
  B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
  C. SPECIFIES THE COLLECTION FACILITIES THAT  FAILED  IN  THE  PREVIOUS
CALENDAR  YEAR  TO  COLLECT A MINIMUM OF ONE HUNDRED POUNDS BY WEIGHT OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
NATED FROM THE PRODUCER'S PLAN OR THE PLAN OF PRODUCERS ACTING  COOPERA-
TIVELY;
  D.  THE  LOCATIONS  FOR  ALL COLLECTION POINTS SET UP BY THE PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
  E. EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO  INCREASE
COLLECTION;
  F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
  G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
  H.  THE  COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE COSTS OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
  2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
COLLECTING AND RECYCLING  PRIMARY  BATTERIES.  THE  INDEPENDENT  AUDITOR
SHALL  EXAMINE  THE  COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
THAT OF COLLECTION PROGRAMS FOR PRIMARY  BATTERIES  IN  OTHER  JURISDIC-

S. 4522--B                          5

TIONS.    THE  INDEPENDENT  AUDITOR  SHALL  MAKE  RECOMMENDATIONS TO THE
COMMISSIONER ON WAYS TO INCREASE PROGRAM  EFFICACY  AND  COST-EFFECTIVE-
NESS.
S 27-1609. AGENCY RESPONSIBILITIES.
  1.  APPROVAL  OF  PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
STEWARDSHIP PLAN, THE COMMISSIONER  SHALL  DETERMINE  WHETHER  THE  PLAN
COMPLIES  WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY  THE  APPLI-
CANT  OF  THE  PLAN  APPROVAL  IN WRITING. IF THE COMMISSIONER REJECTS A
PLAN, THE COMMISSIONER SHALL NOTIFY THE  APPLICANT  IN  WRITING  OF  THE
REASONS  FOR  REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER  WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
  2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL  BE  APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
HIS OR HER DISCRETION OR AT THE REQUEST OF A  PRODUCER,  MAY  REQUIRE  A
PRODUCER OR PRODUCERS TO AMEND AN APPROVED PLAN.
  3.  PUBLIC  NOTICE.  THE  COMMISSIONER  SHALL  POST  ALL  PROPOSED AND
APPROVED PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE.
  4. PUBLIC INPUT. THE COMMISSIONER  SHALL  ESTABLISH  A  PROCESS  UNDER
WHICH  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN, PRIOR TO PLAN APPROVAL OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
  5. REGISTRATIONS. THE COMMISSIONER SHALL ACCEPT, REVIEW,  AND  APPROVE
OR  DENY  PRIMARY  BATTERY  STEWARDSHIP  PLANS  SUBMITTED  UNDER SECTION
27-1605 OF THIS TITLE.
  6. AGENCY WEBSITE. THE COMMISSIONER  SHALL  MAINTAIN  A  WEBSITE  THAT
INCLUDES  THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
APPROVED PLANS. THE WEBSITE SHALL LIST ALL  OF  AN  APPROVED  PRODUCER'S
BRANDS  COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS  OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
  7.  TERM  OF  STEWARDSHIP  PLAN.  A  PRIMARY  BATTERY STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
S 27-1611. RETAILER OBLIGATIONS.
  1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
SECTION,  BEGINNING  JANUARY  FIRST,  TWO THOUSAND EIGHTEEN, NO RETAILER
SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY UNLESS THE  RETAILER  HAS
REVIEWED THE DEPARTMENT'S WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION
27-1609  OF  THIS  TITLE  TO  DETERMINE THAT THE PRODUCER OF THE PRIMARY
BATTERY IS IMPLEMENTING AN APPROVED BATTERY STEWARDSHIP PLAN.
  2. INVENTORY  EXCEPTION;  EXPIRATION  OR  REVOCATION  OF  MANUFACTURER
REGISTRATION.  A  RETAILER SHALL NOT BE RESPONSIBLE FOR AN UNLAWFUL SALE
OF A PRIMARY BATTERY UNDER THIS SECTION IF:
  A. THE RETAILER PURCHASED THE PRIMARY BATTERY PRIOR TO JANUARY  FIRST,
TWO  THOUSAND  EIGHTEEN  AND  SELLS  THE BATTERY OR PRODUCT ON OR BEFORE
JANUARY FIRST, TWO THOUSAND NINETEEN; OR
  B. THE PRODUCER'S STEWARDSHIP PLAN EXPIRED OR  WAS  REVOKED,  AND  THE
RETAILER  TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY BATTERIES
PRIOR TO THE EXPIRATION OR  REVOCATION  OF  THE  PRODUCER'S  STEWARDSHIP
PLAN.
S 27-1613. ADMINISTRATIVE FEE.
  1.  FEE  ASSESSED.  A  PRODUCER ACTING INDIVIDUALLY SHALL PAY A FEE OF
SEVEN THOUSAND FIVE HUNDRED DOLLARS ANNUALLY AND A PRODUCER ACTING COOP-
ERATIVELY WITH AT LEAST ONE OTHER PRODUCER SHALL PAY A  FEE  OF  FIFTEEN

S. 4522--B                          6

THOUSAND  DOLLARS  ANNUALLY  FOR  OPERATION  UNDER  A  STEWARDSHIP  PLAN
APPROVED BY THE COMMISSIONER UNDER SECTION 27-1609 OF THIS TITLE.
  2.  DISPOSITION  OF  FEE.  THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL  FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 27-1615. PENALTIES.
  A  PRODUCER  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND  DOLLARS  PER  DAY
FOR EACH DAY OF NONCOMPLIANCE.
S 27-1617. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  S 2. The department of  environmental  conservation  shall  work  with
primary  battery manufacturers to explore ways to develop labeling high-
lighting the existence of battery recycling programs.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2015-S4522C - Details

See Assembly Version of this Bill:: A9921
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S4522, A9921

2015-S4522C - Summary

Relates to establishing a product stewardship program for primary batteries.

2015-S4522C - Sponsor Memo

                                 BILL NUMBER:  S4522C

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
establishing a product stewardship program for primary batteries

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to establish a battery recycling program
for consumers.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would:

*define relevant terms including "primary battery," which would mean a
non rechargeable battery, including alkaline, carbon-zinc, and lithium
metal, weighing two kilograms or less;

*prohibit the sale of primary batteries unless the producer is
registered with the Department of Environmental Conservation (DEC) and
has an approved battery stewardship plan;

*require battery stewardship plans to include:

o all producers and contact information;
o brands of batteries covered by the plan;
o free collection from consumers;
o method of disposition;
o a description of roles and responsibilities; and,
o education and outreach

*require a producer to submit an annual report to DEC; and,

*establish parameters for DEC involvement to include:

o plan approval;
o website posting of all proposed and approved plans;
o maintenance of producer names and brands on the DEC website; and,
o receipt of producer registration fees.

 JUSTIFICATION :

This legislation would authorize New York to expand its recycling
efforts beyond rechargeable batteries to address other types of
batteries by requiring battery manufacturers to establish a consumer
collection program. Batteries contain metals such as zinc, steel and
manganese that can be recycled, helping to reduce the need for mining
and refining. Several other states including Vermont and Connecticut
have adopted battery recycling programs.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal State fiscal implications.

 EFFECTIVE DATE :
This act shall take effect 90 days after enactment.

2015-S4522C - Bill Text download pdf

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

                                 4522--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sens. AVELLA, LATIMER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a product stewardship program for primary batteries

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 16 to read as follows:
                                TITLE 16
                           PRODUCT STEWARDSHIP
                          FOR PRIMARY BATTERIES
SECTION 27-1601. DEFINITIONS.
        27-1603. PRIMARY BATTERY REGISTRATION.
        27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
        27-1607. ANNUAL REPORT; PLAN AUDIT.
        27-1609. AGENCY RESPONSIBILITIES.
        27-1611. RETAILER OBLIGATIONS.
        27-1613. ADMINISTRATIVE FEE.
        27-1615. PENALTIES.
        27-1617. RULEMAKING; PROCEDURE.
S 27-1601. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04566-05-6

S. 4522--C                          2

  2.  "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
FIES  A  PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO THE OWNER
OR LICENSEE OF THE BRAND AS THE PRODUCER.
  3.  "COLLECTION  RATE" MEANS A PERCENTAGE BY WEIGHT THAT EACH PRODUCER
OR PRODUCERS COLLECTS BY AN ESTABLISHED DATE. THE COLLECTION RATE  SHALL
BE  CALCULATED  BY  WEIGHT  BASED ON THE PERCENTAGE OF PRIMARY BATTERIES
THAT ARE COLLECTED DURING A CALENDAR YEAR, AS COMPARED  TO  THE  AVERAGE
WEIGHT OF PRIMARY BATTERIES THAT WERE ESTIMATED TO HAVE BEEN SOLD IN THE
STATE  BY  PARTICIPATING  PRODUCERS  DURING  THE THREE PREVIOUS CALENDAR
YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY BE BASED  ON
A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
  4.  "CONSUMER"  MEANS  ANY  PERSON  WHO RETURNS ANY NUMBER OF UNWANTED
PRIMARY BATTERIES.
  5. "DISCARDED PRIMARY BATTERY" MEANS A  PRIMARY  BATTERY  THAT  IS  NO
LONGER  USED  FOR  ITS MANUFACTURED PURPOSE, WANTED BY ITS OWNER, OR FOR
ANY OTHER REASON ENTERS THE WASTE  COLLECTION,  RECOVERY,  TREATMENT  OR
RECYCLING SYSTEM.
  6. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
  7.  "PRIMARY  BATTERY"  MEANS  A  NONRECHARGEABLE BATTERY WEIGHING TWO
KILOGRAMS OR LESS, INCLUDING ALKALINE, CARBON-ZINC, AND  LITHIUM  METAL.
PRIMARY BATTERY SHALL NOT MEAN:
  (A)  BATTERIES INTENDED FOR INDUSTRIAL, BUSINESS TO BUSINESS, WARRANTY
OR MAINTENANCE SERVICES, OR NONPERSONAL USE;
  (B) A BATTERY THAT IS SOLD IN A COMPUTER, COMPUTER  MONITOR,  COMPUTER
PERIPHERAL,  PRINTER,  TELEVISION,  OR  DEVICE  CONTAINING A CATHODE RAY
TUBE;
  (C) A BATTERY THAT IS NOT EASILY REMOVABLE OR IS NOT  INTENDED  TO  BE
REMOVED FROM A CONSUMER PRODUCT; AND
  (D)  A  BATTERY THAT IS SOLD OR USED IN A MEDICAL DEVICE, AS THAT TERM
IS DEFINED IN THE FEDERAL FOOD, DRUG, AND  COSMETIC  ACT,  21  U.S.C.  S
321(H), AS MAY BE AMENDED.
  8. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN SUBMITTED
TO  THE  COMMISSIONER  PURSUANT  TO  SECTION 27-1605 OF THIS TITLE BY AN
INDIVIDUAL PRODUCER OR BY TWO OR MORE PRODUCERS ACTING COLLECTIVELY.
  9. "PRODUCER" MEANS ONE OF THE FOLLOWING  WITH  REGARD  TO  A  PRIMARY
BATTERY THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE:
  A.  A  PERSON WHO MANUFACTURES A PRIMARY BATTERY AND WHO SELLS, OFFERS
FOR SALE, OR DISTRIBUTES THAT PRIMARY BATTERY IN  THE  STATE  UNDER  THE
PERSON'S OWN NAME OR BRAND;
  B.  IF  SUBPARAGRAPH  A OF THIS PARAGRAPH DOES NOT APPLY, A PERSON WHO
OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY  BATTERY  IS
SOLD,  OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE, WHETHER OR NOT THE
TRADEMARK IS REGISTERED; OR
  C. IF SUBPARAGRAPHS A AND B OF THIS PARAGRAPH DO NOT APPLY,  A  PERSON
WHO IMPORTS A PRIMARY BATTERY INTO THE STATE FOR SALE OR DISTRIBUTION.
  10.  "PROGRAM"  OR  "STEWARDSHIP  PROGRAM"  MEANS  THE  SYSTEM FOR THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  11. "RECHARGEABLE BATTERY" SHALL HAVE THE SAME MEANING AS  SUBDIVISION
FOUR OF SECTION 27-1803 OF THIS ARTICLE.
  12.  "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS, AND BY-PRODUCTS ARE TRANSFORMED INTO  NEW  USABLE  OR  MARKETABLE
MATERIALS  IN  A  MANNER  IN  WHICH THE ORIGINAL PRODUCTS MAY LOSE THEIR
IDENTITY, BUT DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY  GENERATION  BY

S. 4522--C                          3

MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
OR WITHOUT OTHER WASTE PRODUCTS.
  13. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY FOR SALE TO
ANY  CONSUMER  OR  BUSINESS  AT  RETAIL  IN THE STATE THROUGH ANY MEANS,
INCLUDING REMOTE OFFERINGS SUCH AS  SALES  OUTLETS,  CATALOGUES,  OR  AN
INTERNET WEBSITE.
S 27-1603. PRIMARY BATTERY REGISTRATION.
  1.  SALE  PROHIBITED.  BEGINNING JANUARY FIRST, TWO THOUSAND EIGHTEEN,
EXCEPT AS SET FORTH UNDER THIS SUBDIVISION,  A  PRODUCER  OF  A  PRIMARY
BATTERY  SHALL  NOT  SELL,  OFFER FOR SALE, OR DELIVER TO A RETAILER FOR
SUBSEQUENT SALE A PRIMARY BATTERY UNLESS ALL OF THE FOLLOWING  HAS  BEEN
MET:
  A. THE PRODUCER IS REGISTERED UNDER AN APPROVED AND IMPLEMENTED PRIMA-
RY BATTERY STEWARDSHIP PLAN;
  B.  THE  PRODUCER OR PRODUCERS HAVE PAID THE FEE UNDER SECTION 27-1613
OF THIS TITLE; AND
  C. THE PRODUCER OR PRODUCERS AND THE BRAND OF SUCH PRODUCER OR PRODUC-
ERS DESIGNATED ON THE DEPARTMENT WEBSITE ARE IDENTIFIED AS COVERED BY AN
APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  2. NEW PRODUCERS. A PRODUCER WHO, AFTER JANUARY  FIRST,  TWO  THOUSAND
EIGHTEEN,  SEEKS  TO  SELL,  OFFER  FOR  SALE,  OR OFFER FOR PROMOTIONAL
PURPOSES IN THE STATE A PRIMARY  BATTERY  NOT  PREVIOUSLY  SOLD  IN  THE
STATE,  SHALL  NOTIFY  THE  COMMISSIONER  PRIOR TO SELLING OR OFFERING A
PRODUCT NOT COVERED BY A STEWARDSHIP PLAN IN THE STATE. THE COMMISSIONER
SHALL LIST A PRODUCER WHO SUPPLIES NOTICE UNDER THIS  SUBDIVISION  AS  A
"NEW  PRODUCER"  ON  THE DEPARTMENT'S WEBSITE.  A PRODUCER THAT SUPPLIES
NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY DAYS TO EITHER ACT COOP-
ERATIVELY WITH AT LEAST ONE OTHER PRODUCER OR TO SUBMIT ITS OWN  PRIMARY
BATTERY STEWARDSHIP PLAN FOR APPROVAL TO THE STATE.
  3. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES,  OR  IMPORTS  IN  THE  STATE PRIMARY BATTERIES WITH A TOTAL RETAIL
VALUE OF LESS THAN  FIVE  HUNDRED  DOLLARS  SHALL  BE  EXEMPT  FROM  THE
REQUIREMENTS OF THIS TITLE.
S 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
  1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
FIRST, TWO THOUSAND SEVENTEEN, EACH PRODUCER SELLING, OFFERING FOR SALE,
OR OFFERING FOR PROMOTIONAL PURPOSES A  PRIMARY  BATTERY  IN  THE  STATE
SHALL INDIVIDUALLY OR AS PART OF A PRIMARY BATTERY STEWARDSHIP ORGANIZA-
TION  SUBMIT  A PRIMARY BATTERY STEWARDSHIP PLAN TO THE COMMISSIONER FOR
REVIEW.
  2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY BATTERY STEWARDSHIP PLAN SHALL INCLUDE, AT  A  MINIMUM,  ALL  OF  THE
FOLLOWING ELEMENTS:
  A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
  (I)  ALL  PARTICIPATING  PRODUCERS AND CONTACT INFORMATION FOR EACH OF
THE PARTICIPATING PRODUCERS; AND
  (II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
  B. FREE  COLLECTION.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN  SHALL
PROVIDE  FOR  THE FREE COLLECTION OF PRIMARY BATTERIES FROM CONSUMERS. A
PRODUCER SHALL NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY  BASED  ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
  C.  COLLECTION;  CONVENIENCE.  EACH  PRIMARY  BATTERY STEWARDSHIP PLAN
SHALL:

S. 4522--C                          4

  (I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING PRODUCTS COVERED UNDER THE PLAN AND ALL  MUNICIPALITIES  TO
OPT TO BE A COLLECTION FACILITY;
  (II)  PROVIDE,  AT  A  MINIMUM, NO FEWER THAN TWO PERMANENT COLLECTION
FACILITIES IN EACH COUNTY IN THE STATE; AND
  (III) PROVIDE FOR THE ACCEPTANCE FROM  A  CONSUMER  OF  UP  TO  TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
  D.  METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE A DESCRIPTION OF THE METHOD THAT WILL BE USED TO RESPONSIBLY AND
PROPERLY MANAGE DISCARDED PRIMARY BATTERIES AND ENSURE THAT  THE  COMPO-
NENTS OF THE DISCARDED PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND
TECHNICALLY FEASIBLE, ARE RECYCLED.
  E.  ROLES  AND  RESPONSIBILITIES.  A  PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:
  (I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT  INFORMATION
FOR EACH FACILITY;
  (II)  THE  NAME AND CONTACT INFORMATION OF A TRANSPORTER OR CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
  (III) THE NAME, ADDRESS, AND  CONTACT  INFORMATION  OF  THE  RECYCLING
FACILITIES THAT PROCESS THE COLLECTED PRIMARY BATTERIES.
  F.  EDUCATION  AND  OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE  EDUCATION  AND  OUTREACH
PROGRAM  MAY  INCLUDE  MEDIA  ADVERTISING,  RETAIL DISPLAYS, ARTICLES IN
TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC  EDUCATIONAL
EFFORTS.  THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM  TO  BUSI-
NESSES,  MUNICIPALITIES, RETAILERS, WHOLESALERS, AND TRANSPORTERS.  AT A
MINIMUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE  PUBLIC  OF
THE FOLLOWING:
  (I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND
  (II)  THE  LOCATION  OF  COLLECTION  POINTS  AND  HOW  TO  ACCESS  THE
COLLECTION PROGRAM.
  3. IMPLEMENTATION. A PRODUCER OR PRODUCERS SHALL INCLUDE PROVISIONS IN
THE PLAN FOR THE IMPLEMENTATION OF THE PROGRAM IN CONJUNCTION WITH THOSE
RETAILERS AND MUNICIPALITIES ACTING AS  COLLECTION  FACILITIES  UNDER  A
PROGRAM.  IMPLEMENTATION OF THE PROGRAM SHALL BE AT NO COST TO RETAILERS
OR MUNICIPALITIES ACTING AS COLLECTION FACILITIES  UNDER  A  PROGRAM.  A
PRODUCER SHALL PROVIDE RETAILERS AND MUNICIPALITIES ACTING AS COLLECTION
FACILITIES  PRODUCTS  OR EQUIPMENT FOR SETTING UP A COLLECTION POINT AND
FOR PROVIDING FOR THE PICKUP OF COLLECTED PRIMARY  BATTERIES,  INCLUDING
ARRANGING FOR THE MANAGEMENT OF THOSE PRIMARY BATTERIES.
S 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND NINETEEN, AND
ANNUALLY  THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION SHALL SUBMIT A REPORT TO  THE  COMMISSIONER  THAT  CONTAINS  THE
FOLLOWING:
  A.  THE  WEIGHT  OF  PRIMARY  BATTERIES  COLLECTED  BY THE PRODUCER OR
PRODUCERS ACTING COOPERATIVELY IN THE PRIOR CALENDAR YEAR;
  B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
  C. SPECIFIES THE COLLECTION FACILITIES THAT  FAILED  IN  THE  PREVIOUS
CALENDAR  YEAR  TO  COLLECT A MINIMUM OF ONE HUNDRED POUNDS BY WEIGHT OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-

S. 4522--C                          5

NATED FROM THE PRODUCER'S PLAN OR THE PLAN OF PRODUCERS ACTING  COOPERA-
TIVELY;
  D.  THE  LOCATIONS  FOR  ALL COLLECTION POINTS SET UP BY THE PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
  E. EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO  INCREASE
COLLECTION;
  F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
  G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
  H.  THE  COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE COSTS OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
  2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
COLLECTING AND RECYCLING  PRIMARY  BATTERIES.  THE  INDEPENDENT  AUDITOR
SHALL  EXAMINE  THE  COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
THAT OF COLLECTION PROGRAMS FOR PRIMARY  BATTERIES  IN  OTHER  JURISDIC-
TIONS.    THE  INDEPENDENT  AUDITOR  SHALL  MAKE  RECOMMENDATIONS TO THE
COMMISSIONER ON WAYS TO INCREASE PROGRAM  EFFICACY  AND  COST-EFFECTIVE-
NESS.
S 27-1609. AGENCY RESPONSIBILITIES.
  1.  APPROVAL  OF  PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
STEWARDSHIP PLAN, THE COMMISSIONER  SHALL  DETERMINE  WHETHER  THE  PLAN
COMPLIES  WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY  THE  APPLI-
CANT  OF  THE  PLAN  APPROVAL  IN WRITING. IF THE COMMISSIONER REJECTS A
PLAN, THE COMMISSIONER SHALL NOTIFY THE  APPLICANT  IN  WRITING  OF  THE
REASONS  FOR  REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER  WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
  2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL  BE  APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
HIS OR HER DISCRETION OR AT THE REQUEST OF A  PRODUCER,  MAY  REQUIRE  A
PRODUCER OR PRODUCERS TO AMEND AN APPROVED PLAN.
  3.  PUBLIC  NOTICE.  THE  COMMISSIONER  SHALL  POST  ALL  PROPOSED AND
APPROVED PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE.
  4. PUBLIC INPUT. THE COMMISSIONER  SHALL  ESTABLISH  A  PROCESS  UNDER
WHICH  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN, PRIOR TO PLAN APPROVAL OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
  5. REGISTRATIONS. THE COMMISSIONER SHALL ACCEPT, REVIEW,  AND  APPROVE
OR  DENY  PRIMARY  BATTERY  STEWARDSHIP  PLANS  SUBMITTED  UNDER SECTION
27-1605 OF THIS TITLE.
  6. AGENCY WEBSITE. THE COMMISSIONER  SHALL  MAINTAIN  A  WEBSITE  THAT
INCLUDES  THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
APPROVED PLANS. THE WEBSITE SHALL LIST ALL  OF  AN  APPROVED  PRODUCER'S
BRANDS  COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS  OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
  7.  TERM  OF  STEWARDSHIP  PLAN.  A  PRIMARY  BATTERY STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
S 27-1611. RETAILER OBLIGATIONS.
  1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
SECTION,  BEGINNING  JANUARY  FIRST,  TWO THOUSAND EIGHTEEN, NO RETAILER
SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY UNLESS THE  RETAILER  HAS
REVIEWED THE DEPARTMENT'S WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION

S. 4522--C                          6

27-1609  OF  THIS  TITLE  TO  DETERMINE THAT THE PRODUCER OF THE PRIMARY
BATTERY IS IMPLEMENTING AN APPROVED BATTERY STEWARDSHIP PLAN.
  2.  INVENTORY  EXCEPTION;  EXPIRATION  OR  REVOCATION  OF MANUFACTURER
REGISTRATION. A RETAILER SHALL NOT BE RESPONSIBLE FOR AN  UNLAWFUL  SALE
OF A PRIMARY BATTERY UNDER THIS SECTION IF:
  A.  THE RETAILER PURCHASED THE PRIMARY BATTERY PRIOR TO JANUARY FIRST,
TWO THOUSAND EIGHTEEN AND SELLS THE BATTERY  OR  PRODUCT  ON  OR  BEFORE
JANUARY FIRST, TWO THOUSAND NINETEEN; OR
  B.  THE  PRODUCER'S  STEWARDSHIP  PLAN EXPIRED OR WAS REVOKED, AND THE
RETAILER TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY  BATTERIES
PRIOR  TO  THE  EXPIRATION  OR  REVOCATION OF THE PRODUCER'S STEWARDSHIP
PLAN.
S 27-1613. ADMINISTRATIVE FEE.
  1. FEE ASSESSED. A PRODUCER ACTING INDIVIDUALLY SHALL  PAY  A  FEE  OF
SEVEN THOUSAND FIVE HUNDRED DOLLARS ANNUALLY AND A PRODUCER ACTING COOP-
ERATIVELY  WITH  AT  LEAST ONE OTHER PRODUCER SHALL PAY A FEE OF FIFTEEN
THOUSAND  DOLLARS  ANNUALLY  FOR  OPERATION  UNDER  A  STEWARDSHIP  PLAN
APPROVED BY THE COMMISSIONER UNDER SECTION 27-1609 OF THIS TITLE.
  2.  DISPOSITION  OF  FEE.  THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL  FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 27-1615. PENALTIES.
  A  PRODUCER  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND  DOLLARS  PER  DAY
FOR EACH DAY OF NONCOMPLIANCE.
S 27-1617. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  S 2. The department of  environmental  conservation  shall  work  with
primary  battery manufacturers to explore ways to develop labeling high-
lighting the existence of battery recycling programs.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2015-S4522D (ACTIVE) - Details

See Assembly Version of this Bill:: A9921
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S4522, A9921

2015-S4522D (ACTIVE) - Summary

Relates to establishing a product stewardship program for primary batteries.

2015-S4522D (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4522D

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to establishing a product stewardship program for primary
batteries

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to establish a battery recycling program
for consumers.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would:

*define relevant terms including "primary battery," which would mean a
non rechargeable battery, including alkaline, carbon-zinc, and lithium
metal, weighing two kilograms or less;

*prohibit the sale of primary batteries unless the producer is
registered with the Department of Environmental Conservation (DEC) and
has an approved battery stewardship plan;

*require battery stewardship plans to include:

o all producers and contact information;

o brands of batteries covered by the plan;
o free collection from consumers;
o method of disposition;
o a description of roles and responsibilities; and,
o education and outreach

*require a producer to submit an annual report to DEC; and, *establish
parameters for DEC involvement to include:

o plan approval;
o website posting of all proposed and approved plans;
o maintenance of producer names and brands on the DEC website; and,
o receipt of producer registration fees.

 JUSTIFICATION :

This legislation would authorize New York to expand its recycling
efforts beyond rechargeable batteries to address other types of
batteries by requiring battery manufacturers to establish a consumer
collection program. Batteries contain metals such as zinc, steel and
manganese that can be recycled, helping to reduce the need for mining
and refining. Several other states including Vermont and Connecticut
have adopted battery recycling programs.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal State fiscal implications.

 EFFECTIVE DATE :
This act shall take effect 180 days after enactment.

2015-S4522D (ACTIVE) - Bill Text download pdf

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

                                 4522--D
    Cal. No. 1440

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sens. AVELLA, LATIMER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- committee discharged and said bill committed to
  the Committee on Rules -- reported favorably from  said  committee  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
  establishing a product stewardship program for primary batteries

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 16 to read as follows:
                                TITLE 16
                           PRODUCT STEWARDSHIP
                          FOR PRIMARY BATTERIES
SECTION 27-1601. DEFINITIONS.
        27-1603. PRIMARY BATTERY REGISTRATION.
        27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
        27-1607. ANNUAL REPORT; PLAN AUDIT.
        27-1609. AGENCY RESPONSIBILITIES.
        27-1611. RETAILER OBLIGATIONS.
        27-1613. ADMINISTRATIVE FEE.
        27-1615. PENALTIES.
        27-1617. RULEMAKING; PROCEDURE.
S 27-1601. DEFINITIONS.

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

                                                           LBD04566-07-6

S. 4522--D                          2

  WHEN USED IN THIS TITLE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
  2.  "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
FIES  A  PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO THE OWNER
OR LICENSEE OF THE BRAND AS THE PRODUCER.
  3. "COLLECTION RATE" MEANS A PERCENTAGE BY WEIGHT THAT  EACH  PRODUCER
OR  PRODUCERS COLLECTS BY AN ESTABLISHED DATE. THE COLLECTION RATE SHALL
BE CALCULATED BY WEIGHT BASED ON THE  PERCENTAGE  OF  PRIMARY  BATTERIES
THAT  ARE  COLLECTED  DURING A CALENDAR YEAR, AS COMPARED TO THE AVERAGE
WEIGHT OF PRIMARY BATTERIES THAT WERE ESTIMATED TO HAVE BEEN SOLD IN THE
STATE BY PARTICIPATING PRODUCERS  DURING  THE  THREE  PREVIOUS  CALENDAR
YEARS.  ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY BE BASED ON
A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
  4. "CONSUMER" MEANS ANY PERSON WHO  RETURNS  ANY  NUMBER  OF  UNWANTED
PRIMARY BATTERIES.
  5.  "DISCARDED  PRIMARY  BATTERY"  MEANS  A PRIMARY BATTERY THAT IS NO
LONGER USED FOR ITS MANUFACTURED PURPOSE, WANTED BY ITS  OWNER,  OR  FOR
ANY  OTHER  REASON  ENTERS  THE WASTE COLLECTION, RECOVERY, TREATMENT OR
RECYCLING SYSTEM.
  6. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
  7. "PRIMARY BATTERY" MEANS  A  NONRECHARGEABLE  BATTERY  WEIGHING  TWO
KILOGRAMS  OR  LESS, INCLUDING ALKALINE, CARBON-ZINC, AND LITHIUM METAL.
PRIMARY BATTERY SHALL NOT MEAN:
  (A) BATTERIES INTENDED FOR INDUSTRIAL, BUSINESS TO BUSINESS,  WARRANTY
OR MAINTENANCE SERVICES, OR NONPERSONAL USE;
  (B)  A  BATTERY  THAT IS NOT EASILY REMOVABLE OR IS NOT INTENDED TO BE
REMOVED FROM A CONSUMER PRODUCT; AND
  (C) A BATTERY THAT IS SOLD OR USED IN A MEDICAL  DEVICE  REGULATED  BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
  8. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN SUBMITTED
TO  THE  COMMISSIONER  PURSUANT  TO  SECTION 27-1605 OF THIS TITLE BY AN
INDIVIDUAL PRODUCER OR BY TWO OR MORE PRODUCERS ACTING COLLECTIVELY.
  9. "PRODUCER" MEANS ONE OF THE FOLLOWING  WITH  REGARD  TO  A  PRIMARY
BATTERY THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE:
  A.  A  PERSON WHO MANUFACTURES A PRIMARY BATTERY AND WHO SELLS, OFFERS
FOR SALE, OR DISTRIBUTES THAT PRIMARY BATTERY IN  THE  STATE  UNDER  THE
PERSON'S OWN NAME OR BRAND;
  B.  IF  SUBPARAGRAPH  A OF THIS PARAGRAPH DOES NOT APPLY, A PERSON WHO
OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY  BATTERY  IS
SOLD,  OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE, WHETHER OR NOT THE
TRADEMARK IS REGISTERED; OR
  C. IF SUBPARAGRAPHS A AND B OF THIS PARAGRAPH DO NOT APPLY,  A  PERSON
WHO IMPORTS A PRIMARY BATTERY INTO THE STATE FOR SALE OR DISTRIBUTION.
  10.  "PROGRAM"  OR  "STEWARDSHIP  PROGRAM"  MEANS  THE  SYSTEM FOR THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  11. "RECHARGEABLE BATTERY" SHALL HAVE THE SAME MEANING AS  SUBDIVISION
FOUR OF SECTION 27-1803 OF THIS ARTICLE.
  12.  "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS, AND BY-PRODUCTS ARE TRANSFORMED INTO  NEW  USABLE  OR  MARKETABLE
MATERIALS  IN  A  MANNER  IN  WHICH THE ORIGINAL PRODUCTS MAY LOSE THEIR
IDENTITY, BUT DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY  GENERATION  BY
MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
OR WITHOUT OTHER WASTE PRODUCTS.

S. 4522--D                          3

  13. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY FOR SALE TO
ANY  CONSUMER  OR  BUSINESS  AT  RETAIL  IN THE STATE THROUGH ANY MEANS,
INCLUDING REMOTE OFFERINGS SUCH AS  SALES  OUTLETS,  CATALOGUES,  OR  AN
INTERNET WEBSITE.
S 27-1603. PRIMARY BATTERY REGISTRATION.
  1.  SALE  PROHIBITED.  BEGINNING JANUARY FIRST, TWO THOUSAND EIGHTEEN,
EXCEPT AS SET FORTH UNDER THIS SUBDIVISION,  A  PRODUCER  OF  A  PRIMARY
BATTERY  SHALL  NOT  SELL,  OFFER FOR SALE, OR DELIVER TO A RETAILER FOR
SUBSEQUENT SALE A PRIMARY BATTERY UNLESS ALL OF THE FOLLOWING  HAS  BEEN
MET:
  A. THE PRODUCER IS REGISTERED UNDER AN APPROVED AND IMPLEMENTED PRIMA-
RY BATTERY STEWARDSHIP PLAN;
  B.  THE  PRODUCER OR PRODUCERS HAVE PAID THE FEE UNDER SECTION 27-1613
OF THIS TITLE; AND
  C. THE PRODUCER OR PRODUCERS AND THE BRAND OF SUCH PRODUCER OR PRODUC-
ERS DESIGNATED ON THE DEPARTMENT WEBSITE ARE IDENTIFIED AS COVERED BY AN
APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
  2. NEW PRODUCERS. A PRODUCER WHO, AFTER JANUARY  FIRST,  TWO  THOUSAND
EIGHTEEN,  SEEKS  TO  SELL,  OFFER  FOR  SALE,  OR OFFER FOR PROMOTIONAL
PURPOSES IN THE STATE A PRIMARY  BATTERY  NOT  PREVIOUSLY  SOLD  IN  THE
STATE,  SHALL  NOTIFY  THE  COMMISSIONER  PRIOR TO SELLING OR OFFERING A
PRODUCT NOT COVERED BY A STEWARDSHIP PLAN IN THE STATE. THE COMMISSIONER
SHALL LIST A PRODUCER WHO SUPPLIES NOTICE UNDER THIS  SUBDIVISION  AS  A
"NEW  PRODUCER"  ON  THE DEPARTMENT'S WEBSITE.  A PRODUCER THAT SUPPLIES
NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY DAYS TO EITHER ACT COOP-
ERATIVELY WITH AT LEAST ONE OTHER PRODUCER OR TO SUBMIT ITS OWN  PRIMARY
BATTERY STEWARDSHIP PLAN FOR APPROVAL TO THE STATE.
  3. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES,  OR  IMPORTS  IN  THE  STATE PRIMARY BATTERIES WITH A TOTAL RETAIL
VALUE OF LESS THAN  FIVE  HUNDRED  DOLLARS  SHALL  BE  EXEMPT  FROM  THE
REQUIREMENTS OF THIS TITLE.
S 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
  1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
FIRST, TWO THOUSAND SEVENTEEN, EACH PRODUCER SELLING, OFFERING FOR SALE,
OR OFFERING FOR PROMOTIONAL PURPOSES A  PRIMARY  BATTERY  IN  THE  STATE
SHALL INDIVIDUALLY OR AS PART OF A PRIMARY BATTERY STEWARDSHIP ORGANIZA-
TION  SUBMIT  A PRIMARY BATTERY STEWARDSHIP PLAN TO THE COMMISSIONER FOR
REVIEW.
  2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY BATTERY STEWARDSHIP PLAN SHALL INCLUDE, AT  A  MINIMUM,  ALL  OF  THE
FOLLOWING ELEMENTS:
  A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
  (I)  ALL  PARTICIPATING  PRODUCERS AND CONTACT INFORMATION FOR EACH OF
THE PARTICIPATING PRODUCERS; AND
  (II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
  B. FREE  COLLECTION.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN  SHALL
PROVIDE  FOR  THE FREE COLLECTION OF PRIMARY BATTERIES FROM CONSUMERS. A
PRODUCER SHALL NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY  BASED  ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
  C.  COLLECTION;  CONVENIENCE.  EACH  PRIMARY  BATTERY STEWARDSHIP PLAN
SHALL:
  (I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING PRODUCTS COVERED UNDER THE PLAN AND ALL  MUNICIPALITIES  TO
OPT TO BE A COLLECTION FACILITY;

S. 4522--D                          4

  (II)  PROVIDE,  AT  A  MINIMUM, NO FEWER THAN TWO PERMANENT COLLECTION
FACILITIES IN EACH COUNTY IN THE STATE; AND
  (III)  PROVIDE  FOR  THE  ACCEPTANCE  FROM  A CONSUMER OF UP TO TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
  D. METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN  SHALL
INCLUDE A DESCRIPTION OF THE METHOD THAT WILL BE USED TO RESPONSIBLY AND
PROPERLY  MANAGE  DISCARDED PRIMARY BATTERIES AND ENSURE THAT THE COMPO-
NENTS OF THE DISCARDED PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND
TECHNICALLY FEASIBLE, ARE RECYCLED.
  E. ROLES AND RESPONSIBILITIES.  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:
  (I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES  UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT INFORMATION
FOR EACH FACILITY;
  (II) THE NAME AND CONTACT INFORMATION OF A TRANSPORTER  OR  CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
  (III)  THE  NAME,  ADDRESS,  AND  CONTACT INFORMATION OF THE RECYCLING
FACILITIES THAT PROCESS THE COLLECTED PRIMARY BATTERIES.
  F. EDUCATION AND OUTREACH. A PRIMARY BATTERY  STEWARDSHIP  PLAN  SHALL
INCLUDE  AN  EDUCATION  AND OUTREACH PROGRAM. THE EDUCATION AND OUTREACH
PROGRAM MAY INCLUDE MEDIA  ADVERTISING,  RETAIL  DISPLAYS,  ARTICLES  IN
TRADE  AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC EDUCATIONAL
EFFORTS. THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE  OUTREACH
PROCEDURES  THAT  WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM TO BUSI-
NESSES, MUNICIPALITIES, RETAILERS, WHOLESALERS, AND TRANSPORTERS.  AT  A
MINIMUM,  THE  EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE PUBLIC OF
THE FOLLOWING:
  (I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND
  (II)  THE  LOCATION  OF  COLLECTION  POINTS  AND  HOW  TO  ACCESS  THE
COLLECTION PROGRAM.
  3. IMPLEMENTATION. A PRODUCER OR PRODUCERS SHALL INCLUDE PROVISIONS IN
THE PLAN FOR THE IMPLEMENTATION OF THE PROGRAM IN CONJUNCTION WITH THOSE
RETAILERS  AND  MUNICIPALITIES  ACTING  AS COLLECTION FACILITIES UNDER A
PROGRAM. IMPLEMENTATION OF THE PROGRAM SHALL BE AT NO COST TO  RETAILERS
OR  MUNICIPALITIES  ACTING  AS  COLLECTION FACILITIES UNDER A PROGRAM. A
PRODUCER SHALL PROVIDE RETAILERS AND MUNICIPALITIES ACTING AS COLLECTION
FACILITIES PRODUCTS OR EQUIPMENT FOR SETTING UP A COLLECTION  POINT  AND
FOR  PROVIDING  FOR THE PICKUP OF COLLECTED PRIMARY BATTERIES, INCLUDING
ARRANGING FOR THE MANAGEMENT OF THOSE PRIMARY BATTERIES.
S 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND NINETEEN, AND
ANNUALLY THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP  ORGAN-
IZATION  SHALL  SUBMIT  A  REPORT  TO THE COMMISSIONER THAT CONTAINS THE
FOLLOWING:
  A. THE WEIGHT OF  PRIMARY  BATTERIES  COLLECTED  BY  THE  PRODUCER  OR
PRODUCERS ACTING COOPERATIVELY IN THE PRIOR CALENDAR YEAR;
  B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
  C.  SPECIFIES  THE  COLLECTION  FACILITIES THAT FAILED IN THE PREVIOUS
CALENDAR YEAR TO COLLECT A MINIMUM OF ONE HUNDRED POUNDS  BY  WEIGHT  OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
NATED  FROM THE PRODUCER'S PLAN OR THE PLAN OF PRODUCERS ACTING COOPERA-
TIVELY;

S. 4522--D                          5

  D. THE LOCATIONS FOR ALL COLLECTION POINTS SET  UP  BY  THE  PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
  E.  EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO INCREASE
COLLECTION;
  F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
  G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
  H. THE COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE  COSTS  OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
  2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
COLLECTING  AND  RECYCLING  PRIMARY  BATTERIES.  THE INDEPENDENT AUDITOR
SHALL EXAMINE THE COST-EFFECTIVENESS OF THE PROGRAM AND  COMPARE  IT  TO
THAT  OF  COLLECTION  PROGRAMS  FOR PRIMARY BATTERIES IN OTHER JURISDIC-
TIONS.   THE INDEPENDENT  AUDITOR  SHALL  MAKE  RECOMMENDATIONS  TO  THE
COMMISSIONER  ON  WAYS  TO INCREASE PROGRAM EFFICACY AND COST-EFFECTIVE-
NESS.
S 27-1609. AGENCY RESPONSIBILITIES.
  1. APPROVAL OF PLAN. WITHIN NINETY DAYS AFTER RECEIPT  OF  A  PROPOSED
STEWARDSHIP  PLAN,  THE  COMMISSIONER  SHALL  DETERMINE WHETHER THE PLAN
COMPLIES WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF  THE
COMMISSIONER  APPROVES  A PLAN, THE COMMISSIONER SHALL NOTIFY THE APPLI-
CANT OF THE PLAN APPROVAL IN WRITING.  IF  THE  COMMISSIONER  REJECTS  A
PLAN,  THE  COMMISSIONER  SHALL  NOTIFY  THE APPLICANT IN WRITING OF THE
REASONS FOR REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS  REJECTED  BY
THE  COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
  2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL BE APPROVED BY THE COMMISSIONER IN WRITING. THE  COMMISSIONER,  IN
HIS  OR  HER  DISCRETION  OR AT THE REQUEST OF A PRODUCER, MAY REQUIRE A
PRODUCER OR PRODUCERS TO AMEND AN APPROVED PLAN.
  3. PUBLIC  NOTICE.  THE  COMMISSIONER  SHALL  POST  ALL  PROPOSED  AND
APPROVED PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE.
  4.  PUBLIC  INPUT.  THE  COMMISSIONER  SHALL ESTABLISH A PROCESS UNDER
WHICH A PRIMARY BATTERY STEWARDSHIP PLAN,  PRIOR  TO  PLAN  APPROVAL  OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
  5.  REGISTRATIONS.  THE COMMISSIONER SHALL ACCEPT, REVIEW, AND APPROVE
OR DENY  PRIMARY  BATTERY  STEWARDSHIP  PLANS  SUBMITTED  UNDER  SECTION
27-1605 OF THIS TITLE.
  6.  AGENCY  WEBSITE.  THE  COMMISSIONER  SHALL MAINTAIN A WEBSITE THAT
INCLUDES THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION  IN
APPROVED  PLANS.  THE  WEBSITE  SHALL LIST ALL OF AN APPROVED PRODUCER'S
BRANDS COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER.  THE
COMMISSIONER  SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
  7. TERM OF  STEWARDSHIP  PLAN.  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
S 27-1611. RETAILER OBLIGATIONS.
  1.  SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF THIS
SECTION, BEGINNING JANUARY FIRST, TWO  THOUSAND  EIGHTEEN,  NO  RETAILER
SHALL  SELL  OR OFFER FOR SALE A PRIMARY BATTERY UNLESS THE RETAILER HAS
REVIEWED THE DEPARTMENT'S WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION
27-1609 OF THIS TITLE TO DETERMINE THAT  THE  PRODUCER  OF  THE  PRIMARY
BATTERY IS IMPLEMENTING AN APPROVED BATTERY STEWARDSHIP PLAN.

S. 4522--D                          6

  2.  INVENTORY  EXCEPTION;  EXPIRATION  OR  REVOCATION  OF MANUFACTURER
REGISTRATION. A RETAILER SHALL NOT BE RESPONSIBLE FOR AN  UNLAWFUL  SALE
OF A PRIMARY BATTERY UNDER THIS SECTION IF:
  A.  THE RETAILER PURCHASED THE PRIMARY BATTERY PRIOR TO JANUARY FIRST,
TWO THOUSAND EIGHTEEN AND SELLS THE BATTERY  OR  PRODUCT  ON  OR  BEFORE
JANUARY FIRST, TWO THOUSAND NINETEEN; OR
  B.  THE  PRODUCER'S  STEWARDSHIP  PLAN EXPIRED OR WAS REVOKED, AND THE
RETAILER TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY  BATTERIES
PRIOR  TO  THE  EXPIRATION  OR  REVOCATION OF THE PRODUCER'S STEWARDSHIP
PLAN.
S 27-1613. ADMINISTRATIVE FEE.
  1. FEE ASSESSED. A PRODUCER ACTING INDIVIDUALLY SHALL  PAY  A  FEE  OF
SEVEN THOUSAND FIVE HUNDRED DOLLARS ANNUALLY AND A PRODUCER ACTING COOP-
ERATIVELY  WITH  AT  LEAST ONE OTHER PRODUCER SHALL PAY A FEE OF FIFTEEN
THOUSAND  DOLLARS  ANNUALLY  FOR  OPERATION  UNDER  A  STEWARDSHIP  PLAN
APPROVED BY THE COMMISSIONER UNDER SECTION 27-1609 OF THIS TITLE.
  2.  DISPOSITION  OF  FEE.  THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL  FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 27-1615. PENALTIES.
  A  PRODUCER  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND  DOLLARS  PER  DAY
FOR EACH DAY OF NONCOMPLIANCE.
S 27-1617. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  S 2. The department of  environmental  conservation  shall  work  with
primary  battery manufacturers to explore ways to develop labeling high-
lighting the existence of battery recycling programs.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S4522D

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 6, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 6, 2016

Bill Amendments

2015-S4522 - Details

2015-S4522 - Summary

2015-S4522 - Sponsor Memo

2015-S4522 - Bill Text download pdf

2015-S4522A - Details

2015-S4522A - Summary

2015-S4522A - Sponsor Memo

2015-S4522A - Bill Text download pdf

co-Sponsors

2015-S4522B - Details

2015-S4522B - Summary

2015-S4522B - Sponsor Memo

2015-S4522B - Bill Text download pdf

co-Sponsors

2015-S4522C - Details

2015-S4522C - Summary

2015-S4522C - Sponsor Memo

2015-S4522C - Bill Text download pdf

co-Sponsors

2015-S4522D (ACTIVE) - Details

2015-S4522D (ACTIVE) - Summary

2015-S4522D (ACTIVE) - Sponsor Memo

2015-S4522D (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4522D

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S4522 - Details

2015-S4522 - Summary

2015-S4522 - Sponsor Memo

2015-S4522 - Bill Text download pdf

2015-S4522A - Details

2015-S4522A - Summary

2015-S4522A - Sponsor Memo

2015-S4522A - Bill Text download pdf

co-Sponsors

George Latimer

2015-S4522B - Details

2015-S4522B - Summary

2015-S4522B - Sponsor Memo

2015-S4522B - Bill Text download pdf

co-Sponsors

George Latimer

2015-S4522C - Details

2015-S4522C - Summary

2015-S4522C - Sponsor Memo

2015-S4522C - Bill Text download pdf

co-Sponsors

David Carlucci

George Latimer

2015-S4522D (ACTIVE) - Details

2015-S4522D (ACTIVE) - Summary

2015-S4522D (ACTIVE) - Sponsor Memo

2015-S4522D (ACTIVE) - Bill Text download pdf

Comments