NY State Senate Bill S1448

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

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2018	print number 1448a
Jan 29, 2018	amend and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Jan 09, 2017	referred to environmental conservation

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S1448 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4522
2019-2020: S2610
2021-2022: S4063
2023-2024: S4939

S1448 - Summary

Relates to establishing a product stewardship program for primary batteries.

S1448 - Sponsor Memo

 BILL NUMBER:  S1448

 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:

*all producers and contact information;

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

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

*establish parameters for DEC involvement to include:

*plan approval;
*website posting of all proposed and approved plans;
*maintenance of producer names and brands on the DEC website; and,
*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 :

2015-2016: S4522-D/A9921-B (Engelbright)

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal State fiscal implications.

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

S1448 - Bill Text download pdf


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

                                  1448

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 9, 2017
                               ___________

Introduced  by Sens. AVELLA, CARLUCCI, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental 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.
§ 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

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

                                                           LBD01044-01-7

S. 1448                             2

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.
§ 27-1603. PRIMARY BATTERY REGISTRATION.
  1. SALE PROHIBITED. BEGINNING JANUARY FIRST,  TWO  THOUSAND  NINETEEN,
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:

S. 1448                             3

  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
NINETEEN,  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.
§ 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
  1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
FIRST, TWO THOUSAND EIGHTEEN, 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.

S. 1448                             4

  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.
§ 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND  TWENTY,  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

S. 1448                             5

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.
§ 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.
§ 27-1611. RETAILER OBLIGATIONS.
  1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
SECTION,  BEGINNING  JANUARY  FIRST,  TWO THOUSAND NINETEEN, 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  NINETEEN  AND  SELLS  THE BATTERY OR PRODUCT ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY; 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.
§ 27-1613. ADMINISTRATIVE FEE.

S. 1448                             6

  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.
§ 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.
§ 27-1617. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  § 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.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

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S1448A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4522
2019-2020: S2610
2021-2022: S4063
2023-2024: S4939

S1448A (ACTIVE) - Summary

Relates to establishing a product stewardship program for primary batteries.

S1448A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1448A

SPONSOR: AVELLA
 
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, lithium
metal, and coin/button batteries weighing two kilograms or less;
*prohibit the sale of primary batteries unless the producer is regis-

tered 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;
o education and outreach; and
o performance goals to measure the success of the program

*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
managanese 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:

2016: A.9921-8 - Reported to 3rd reading calendar.
2017: A.6280- Passed the Assembly.

 
FISCAL IMPLICATIONS:

Minimal State fiscal implications.
 
EFFECTIVE DATE:
This act shall take effect 90 days after enactment.

S1448A (ACTIVE) - Bill Text download pdf


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

                                 1448--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 9, 2017
                               ___________

Introduced  by  Sens.  AVELLA,  ALCANTARA,  CARLUCCI, HAMILTON, HOYLMAN,
  KLEIN, KRUEGER, PERALTA, SAVINO, SERRANO, VALESKY --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental Conservation in accordance  with  Senate  Rule  6,  sec.  8  --
  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.
§ 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.

                                                           LBD01044-03-8

S. 1448--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,  LITHIUM  METAL  AND
BUTTON/COIN BATTERIES. 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.
§ 27-1603. PRIMARY BATTERY REGISTRATION.

S. 1448--A                          3

  1. SALE PROHIBITED. BEGINNING  JANUARY  FIRST,  TWO  THOUSAND  TWENTY,
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
TWENTY, 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  PRODUC-
ER"  ON THE DEPARTMENT'S WEBSITE.  A PRODUCER THAT SUPPLIES NOTICE UNDER
THIS SUBDIVISION SHALL HAVE NINETY DAYS TO EITHER ACT COOPERATIVELY 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.
§ 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
  1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
FIRST, TWO THOUSAND NINETEEN, 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 WITH A POPULATION OF LESS THAN
FIFTY THOUSAND PEOPLE; NO LESS THAN THREE DROP-OFF LOCATIONS  FOR  COUN-
TIES  WITH  POPULATIONS BETWEEN FIFTY THOUSAND AND ONE HUNDRED THOUSAND;
AND FOR ALL COUNTIES WITH A POPULATION GREATER THAN  ONE  HUNDRED  THOU-

S. 1448--A                          4

SAND,  AT  LEAST  ONE LOCATION WITHIN EACH TOWN, VILLAGE AND CITY WITH A
POPULATION GREATER THAN FIFTY THOUSAND; 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.
  G.  THE  ESTABLISHMENT  OF PERFORMANCE GOALS TO MEASURE THE SUCCESS OF
THE PROGRAM AND A DESCRIPTION OF HOW THE PROGRAM  WILL  BE  DESIGNED  TO
MEET OR EXCEED THESE GOALS.
  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.
§ 27-1607. ANNUAL REPORT; PLAN AUDIT.
  1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO  THOUSAND  TWENTY-ONE,
AND  ANNUALLY  THEREAFTER,  A  PRODUCER OR A PRIMARY BATTERY STEWARDSHIP
ORGANIZATION 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. 1448--A                          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.
§ 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.
§ 27-1611. RETAILER OBLIGATIONS.
  1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
SECTION, BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY, 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. 1448--A                          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 TWENTY AND SELLS THE BATTERY OR PRODUCT ON OR BEFORE  JANU-
ARY FIRST, TWO THOUSAND TWENTY-ONE; 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.
§ 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.
§ 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.
§ 27-1617. RULEMAKING; PROCEDURE.
  THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
  § 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.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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