NY State Senate Bill 2017-S2116

Senate Bill S2116

2017-2018 Legislative Session

Relates to the reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste

download bill text pdf

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 20, 2018	committed to rules
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal. amended 2116a
Jan 08, 2018	1st report cal.68
Jan 03, 2018	referred to environmental conservation
Jun 21, 2017	committed to rules
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.264
Jan 12, 2017	referred to environmental conservation

Votes

- Jan 8, 2018 - Environmental Conservation Committee Vote
  S2116
  
  6
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jan 8, 2018
      
      aye (6)
      
      Avella
      
      Funke
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Phillips
      
      aye wr (7)
      
      Addabbo Jr.
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      LaValle
      
      Little
      
      Tedisco
  Feb 14, 2017 - Environmental Conservation Committee Vote
  S2116
  
  9
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Feb 14, 2017
      
      aye (9)
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Tedisco
      
      aye wr (4)
      
      Addabbo Jr.
      
      Kaminsky
      
      LaValle
      
      Latimer

Bill Amendments

Original

A (Active)

2017-S2116 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2603, 27-2615 & 27-2605, add §27-2614, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7971
2019-2020: S944

2017-S2116 - Summary

Relates to the reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste.

2017-S2116 - Sponsor Memo

                                 BILL NUMBER:  S2116

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to the reporting of electronic waste collection and
recycling data, the sale of electronic waste and the carry-forward of
sales of electronic waste

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would establish a statewide recycling goal for electronic
waste( E-waste) starting in 2018 and ease the municipal burden of
dealing with E-waste by raising the manufacturer's acceptance standard
of E-waste and sets deadlines and requirements for that purpose.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the statewide recycling or reuse goal for
E-waste as the base weight of the product multiplied by the goal
attainment percentage. "Base weight" is defined at the greater of
either the average weight of all the E-waste collected during the
three calendar years preceding the most recent report, or the three
year average of the sum of all E-waste collected in the three calendar
years preceding to the most recent report.

Section 2 establishes the deadlines for which the Department of
Environmental Conservation (DEC) must publish the recycling goal for

the following year and the deadline for which the DEC must notify
manufacturers of the new manufacturer acceptance standard.

Section 3 establishes the deadline for which manufacturers must
certify to the DEC that the manufacturer has entered into contractual
agreements for one hundred percent of the weight of e-waste associated
with their respective manufacturer's acceptance standard.

Section 4 states E-waste collectors, consolidators, or recyclers may
bank unsold electronic waste for sale in the subsequent 4 years after
the waste is obtained, provided that no more than twenty-five percent
of the E-waste is sold in any such subsequent year.

Section 5 states the effective date.

 JUSTIFICATION :

E-waste collection and recycling data is reported to the DEC on March
1 of the concurrent calendar year in which the DEC determines the
allocation of the manufacturer acceptance standard. Because of this,
the DEC is not able to calculate this standard until the third quarter
of the subject year.

Many manufacturing representatives and collective organizations wait
until the fourth quarter to purchase collected pounds of electronic
waste. Recyclers are then often pressured to sell pounds of recycled
electronics at a discount or risk riot receiving any revenue.

By using the average of the previous years' recycling data, the DEC is
able to publish the manufacturer's accepted standard before the start
of the subject calendar year. Manufacturers are then able to certify
that they have entered into contractual agreements for their E-waste
earlier in the subject calendar year.

Allowing collectors, consolidators, and recyclers to carry forward
some of their E-waste into subsequent years matches the flexibility
granted to manufacturers and creates a balance between purchasers and
sellers.

 PRIOR LEGISLATIVE HISTORY. :
2016 - S.7971

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2116 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2116
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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  the
   reporting  of electronic waste collection and recycling data, the sale
   of electronic waste and the carry-forward of sales of electronic waste

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (e) of subdivision 3 of section 27-2603 of the
 environmental conservation law is relettered paragraph  (f)  and  a  new
 paragraph (e) is added to read as follows:
   (E)  FOR  CALENDAR  YEARS  TWO  THOUSAND  EIGHTEEN AND THEREAFTER, THE
 STATEWIDE RECYCLING OR REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE  THE
 PRODUCT OF THE BASE WEIGHT MULTIPLIED BY THE GOAL ATTAINMENT PERCENTAGE.
 FOR THE PURPOSES OF THIS PARAGRAPH, "BASE WEIGHT" MEANS THE GREATER OF:
   (I) THE AVERAGE WEIGHT OF ALL ELECTRONIC WASTE COLLECTED FOR RECYCLING
 OR  REUSE DURING THE THREE CALENDAR YEARS PRECEDING THE CALENDAR YEAR IN
 WHICH THE MOST RECENT REPORT WAS SUBMITTED TO THE DEPARTMENT PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-2617 OF THIS TITLE; OR
   (II) THE THREE YEAR  AVERAGE  OF  THE  SUM  OF  ALL  ELECTRONIC  WASTE
 COLLECTED FOR RECYCLING OR REUSE DURING THE THREE CALENDAR YEARS PRECED-
 ING  THE  CALENDAR YEAR IN WHICH THE MOST RECENT REPORT WAS SUBMITTED TO
 THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE,  PARAGRAPH
 (B) OF SUBDIVISION TWO AND PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION
 27-2613 OF THIS TITLE.
   §  2. Section 27-2615 of the environmental conservation law is amended
 by adding two new subdivisions 4 and 5 to read as follows:
   4. THE DEPARTMENT SHALL PUBLISH THE STATEWIDE RECYCLING OR REUSE  GOAL
 NO  LATER  THAN  SEPTEMBER  FIFTEENTH OF THE YEAR PRECEDING THE YEAR FOR
 WHICH THE STATEWIDE RECYCLING OR REUSE GOAL HAS BEEN SET.
   5. THE DEPARTMENT SHALL NOTIFY EACH  MANUFACTURER  OF  ITS  RESPECTIVE
 MANUFACTURER  ACCEPTANCE  STANDARD AS ESTABLISHED IN SUBDIVISION FOUR OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07113-01-7

 S. 2116                             2
 
 SECTION 27-2603 OF THIS TITLE NO LATER THAN DECEMBER  FIFTEENTH  OF  THE
 PRECEDING  YEAR FOR WHICH SUCH MANUFACTURER ACCEPTANCE STANDARD HAS BEEN
 SET.
   §  3. Section 27-2605 of the environmental conservation law is amended
 by adding a new subdivision 9 to read as follows:
   9. NO LATER THAN JUNE THIRTIETH OF THE YEAR FOR WHICH A MANUFACTURER'S
 ACCEPTANCE STANDARD HAS BEEN SET BY  THE  DEPARTMENT  EACH  MANUFACTURER
 SHALL  CERTIFY  TO THE DEPARTMENT THAT THE MANUFACTURER HAS ENTERED INTO
 CONTRACTUAL AGREEMENTS FOR ONE HUNDRED PERCENT OF THE  WEIGHT  OF  ELEC-
 TRONIC WASTE ASSOCIATED WITH SUCH MANUFACTURER'S ACCEPTANCE STANDARD.
   §  4.  The  environmental  conservation law is amended by adding a new
 section 27-2614 to read as follows:
 § 27-2614. UNSOLD ELECTRONIC WASTE; SALE CARRY-FORWARD.
   BEGINNING WITH CALENDAR YEAR  TWO  THOUSAND  EIGHTEEN,  AN  ELECTRONIC
 WASTE  COLLECTOR,  ELECTRONIC  WASTE  CONSOLIDATOR  AND/OR AN ELECTRONIC
 WASTE RECYCLER MAY BANK UNSOLD ELECTRONIC WASTE FOR SUBSEQUENT  SALE  IN
 ANY  OF THE SUCCESSIVE FOUR CALENDAR YEARS IN WHICH THE ELECTRONIC WASTE
 WAS OBTAINED, PROVIDED HOWEVER THAT NO MORE THAN TWENTY-FIVE PERCENT  OF
 ANY  SUCH ELECTRONIC WASTE SHALL BE SOLD IN ANY SUCH SUBSEQUENT CALENDAR
 YEAR.
   § 5. This act shall take effect immediately.

2017-S2116A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2603, 27-2615 & 27-2605, add §27-2614, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7971
2019-2020: S944

2017-S2116A (ACTIVE) - Summary

Relates to the reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste.

2017-S2116A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2116A

SPONSOR: O'MARA
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the reporting of electronic waste collection and recycling
data, the sale of electronic waste and the carry-forward of sales of
electronic waste

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish a statewide recycling goal for electronic
waste( E-waste) starting in 2019 and ease the municipal burden of deal-
ing with E-waste by raising the manufacturer's acceptance standard of
E-waste and sets deadlines and requirements for that purpose.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the statewide recycling or reuse goal for E-waste
as the base weight of the product multiplied by the goal attainment
percentage. "Base weight" is defined at the greater of either the aver-
age weight of all the E-waste collected during the three calendar years

preceding the most recent report, or the three year average of the sum
of all E-waste collected in the three calendar years preceding to the
most recent report.

Section 2 establishes the deadlines for which the Department of Environ-
mental Conservation (DEC) must publish the recycling goal for the
following year and the deadline for which the DEC must notify manufac-
turers of the new manufacturer acceptance standard.

Section 3 establishes the deadline for which manufacturers must certify
to the DEC that the manufacturer has entered into contractual agreements
for one hundred percent of the weight of e-waste associated with their
respective manufacturer's acceptance standard.

Section 4 states E-waste collectors, consolidators, or recyclers may
bank unsold electronic waste for sale in the subsequent 4 years after
the waste is obtained, provided that no more than twenty-five percent of
the E-waste is sold in any such subsequent year.

Section 5 states the effective date.

 
JUSTIFICATION:

E-waste collection and recycling data is reported to the DEC on March 1
of the concurrent calendar year in which the DEC determines the allo-
cation of the manufacturer acceptance standard. Because of this, the DEC
is not able to calculate this standard until the third quarter of the
subject year.

Many manufacturing representatives and collective organizations wait
until the fourth quarter to purchase collected pounds of electronic
waste. Recyclers are then often pressured to sell pounds of recycled
electronics at a discount or risk riot receiving any revenue.

By using the average of the previous years' recycling data, the DEC is
able to publish the manufacturer's accepted standard before the start of
the subject calendar year. Manufacturers are then able to certify that

they have entered into contractual agreements for their E-waste earlier
in the subject calendar year.

Allowing collectors, consolidators, and recyclers to carry forward some
of their E-waste into subsequent years matches the flexibility granted
to manufacturers and creates a balance between purchasers and sellers.

 
PRIOR LEGISLATIVE HISTORY:

2016 - S.7971

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S2116A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2116--A
     Cal. No. 68
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 -- reported favorably from said
   committee, ordered to first report, amended on first  report,  ordered
   to  a  second report and ordered reprinted, retaining its place in the
   order of second report
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   reporting  of electronic waste collection and recycling data, the sale
   of electronic waste and the carry-forward of sales of electronic waste
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (e) of subdivision 3 of section 27-2603 of the
 environmental conservation law is relettered paragraph  (f)  and  a  new
 paragraph (e) is added to read as follows:
   (E)  FOR  CALENDAR  YEARS  TWO  THOUSAND  NINETEEN AND THEREAFTER, THE
 STATEWIDE RECYCLING OR REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE  THE
 PRODUCT OF THE BASE WEIGHT MULTIPLIED BY THE GOAL ATTAINMENT PERCENTAGE.
 FOR THE PURPOSES OF THIS PARAGRAPH, "BASE WEIGHT" MEANS THE GREATER OF:
   (I) THE AVERAGE WEIGHT OF ALL ELECTRONIC WASTE COLLECTED FOR RECYCLING
 OR  REUSE DURING THE THREE CALENDAR YEARS PRECEDING THE CALENDAR YEAR IN
 WHICH THE MOST RECENT REPORT WAS SUBMITTED TO THE DEPARTMENT PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-2617 OF THIS TITLE; OR
   (II) THE THREE YEAR  AVERAGE  OF  THE  SUM  OF  ALL  ELECTRONIC  WASTE
 COLLECTED FOR RECYCLING OR REUSE DURING THE THREE CALENDAR YEARS PRECED-
 ING  THE  CALENDAR YEAR IN WHICH THE MOST RECENT REPORT WAS SUBMITTED TO
 THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE,  PARAGRAPH
 (B) OF SUBDIVISION TWO AND PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION
 27-2613 OF THIS TITLE.
   §  2. Section 27-2615 of the environmental conservation law is amended
 by adding two new subdivisions 4 and 5 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07113-02-8

 S. 2116--A                          2
 
   4. THE DEPARTMENT SHALL PUBLISH THE STATEWIDE RECYCLING OR REUSE  GOAL
 NO  LATER  THAN  SEPTEMBER  FIFTEENTH OF THE YEAR PRECEDING THE YEAR FOR
 WHICH THE STATEWIDE RECYCLING OR REUSE GOAL HAS BEEN SET.
   5.  THE  DEPARTMENT  SHALL  NOTIFY EACH MANUFACTURER OF ITS RESPECTIVE
 MANUFACTURER ACCEPTANCE STANDARD AS ESTABLISHED IN SUBDIVISION  FOUR  OF
 SECTION  27-2603  OF  THIS TITLE NO LATER THAN DECEMBER FIFTEENTH OF THE
 PRECEDING YEAR FOR WHICH SUCH MANUFACTURER ACCEPTANCE STANDARD HAS  BEEN
 SET.
   §  3. Section 27-2605 of the environmental conservation law is amended
 by adding a new subdivision 9 to read as follows:
   9. NO LATER THAN JUNE THIRTIETH OF THE YEAR FOR WHICH A MANUFACTURER'S
 ACCEPTANCE STANDARD HAS BEEN SET BY  THE  DEPARTMENT  EACH  MANUFACTURER
 SHALL  CERTIFY  TO THE DEPARTMENT THAT THE MANUFACTURER HAS ENTERED INTO
 CONTRACTUAL AGREEMENTS FOR ONE HUNDRED PERCENT OF THE  WEIGHT  OF  ELEC-
 TRONIC WASTE ASSOCIATED WITH SUCH MANUFACTURER'S ACCEPTANCE STANDARD.
   §  4.  The  environmental  conservation law is amended by adding a new
 section 27-2614 to read as follows:
 § 27-2614. UNSOLD ELECTRONIC WASTE; SALE CARRY-FORWARD.
   BEGINNING WITH CALENDAR YEAR  TWO  THOUSAND  NINETEEN,  AN  ELECTRONIC
 WASTE  COLLECTOR,  ELECTRONIC  WASTE  CONSOLIDATOR  AND/OR AN ELECTRONIC
 WASTE RECYCLER MAY BANK UNSOLD ELECTRONIC WASTE FOR SUBSEQUENT  SALE  IN
 ANY  OF THE SUCCESSIVE FOUR CALENDAR YEARS IN WHICH THE ELECTRONIC WASTE
 WAS OBTAINED, PROVIDED HOWEVER THAT NO MORE THAN TWENTY-FIVE PERCENT  OF
 ANY  SUCH ELECTRONIC WASTE SHALL BE SOLD IN ANY SUCH SUBSEQUENT CALENDAR
 YEAR.
   § 5. This act shall take effect immediately.

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