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

                                  9921

                          I N  A S S E M B L Y

                             April 27, 2016
                               ___________

Introduced by M. of A. ENGLEBRIGHT, McDONALD -- Multi-Sponsored by -- M.
  of  A.   CERETTO, COLTON, FAHY, LIFTON, MOSLEY, SIMON -- read once and
  referred 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. 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13847-03-6
              

A. 9921                             2

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;
  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

A. 9921                             3

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:
  (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.

A. 9921                             4

  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-
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

A. 9921                             5

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
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. 9921                             6

  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.

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

                                 9921--A
                                                        Cal. No. 847

                          I N  A S S E M B L Y

                             April 27, 2016
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, McDONALD, ROSENTHAL, GALEF, ABINAN-
  TI, SCHIMEL, CAHILL, GOTTFRIED, SEPULVEDA, OTIS, HOOPER,  KAVANAGH  --
  Multi-Sponsored  by  --  M.  of A. BLAKE, BRAUNSTEIN, CERETTO, COLTON,
  FAHY, GLICK, HYNDMAN, JAFFEE, LIFTON, MOSLEY, SIMON, SKARTADOS, STECK,
  THIELE -- read once and referred to  the  Committee  on  Environmental
  Conservation  --  reported  and  referred to the Committee on Codes --
  reported and referred to the Committee on Ways and Means  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on 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.
  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.
              

                                                           LBD13847-05-6

A. 9921--A                          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.
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.
  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.

A. 9921--A                          3

  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;
  (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.

A. 9921--A                          4

  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;
  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

A. 9921--A                          5

  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.
  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

A. 9921--A                          6

  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.