Assembly Bill A3580

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3580
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring manufacturers of consumer goods to  accept  for  collection,
   handling  and recycling or reuse, consumer goods waste for which it is
   the manufacturer

   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 32 to read as follows:
                                 TITLE 32
            MANUFACTURERS OF CONSUMER GOODS RECYCLING AND REUSE
 SECTION 27-3201. DEFINITIONS.
         27-3203. MANUFACTURER COLLECTION.
         27-3205. MANUFACTURER CONSUMER GOODS WASTE ACCEPTANCE PROGRAM.
         27-3207. LABELING.
         27-3209. DEPARTMENT RESPONSIBILITIES.
         27-3211. PREEMPTION.
 § 27-3201. DEFINITIONS.
   1.  "CONSUMER  GOODS"  SHALL  MEAN  GOODS PURCHASED, LEASED, OR RENTED
 PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
   2. "BUSINESS CONSUMER" SHALL MEAN A FOR-PROFIT ENTITY WHICH HAS  FIFTY
 OR  MORE FULL TIME EMPLOYEES OR A NOT-FOR-PROFIT CORPORATION WITH SEVEN-
 TY-FIVE OR MORE FULL TIME EMPLOYEES, BUT  NOT  A  NOT-FOR-PROFIT  CORPO-
 RATION DESIGNATED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE.
   3. "PREMIUM SERVICES" SHALL MEAN EQUIPMENT AND DATA SECURITY SERVICES,
 REFURBISHMENT  FOR  REUSE  BY THE CONSUMER, AND OTHER CUSTOM SERVICES AS
 MAY BE DETERMINED BY THE DEPARTMENT.
 § 27-3203. MANUFACTURER COLLECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05691-01-1

              

 A. 3580                             2
 
   BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-THREE,  A  MANUFACTURER  OF
 CONSUMER  GOODS  MUST  ACCEPT  FOR COLLECTION, HANDLING AND RECYCLING OR
 REUSE, CONSUMER GOODS WASTE FOR WHICH IT IS THE MANUFACTURER.
 § 27-3205. MANUFACTURER CONSUMER GOODS WASTE ACCEPTANCE PROGRAM.
   1. A MANUFACTURER SHALL PROVIDE FOR THE COLLECTION, HANDLING AND RECY-
 CLING  OR  REUSE  OF CONSUMER GOODS WASTE PURSUANT TO SECTION 27-3203 OF
 THIS TITLE IN A MANNER CONVENIENT TO CONSUMERS.   THE FOLLOWING  ACCEPT-
 ANCE METHODS SHALL BE CONSIDERED REASONABLY CONVENIENT: (A) MAIL OR SHIP
 BACK  RETURN  PROGRAMS; (B) COLLECTION OR ACCEPTANCE EVENTS CONDUCTED BY
 THE MANUFACTURER OR THE  MANUFACTURER'S  AGENT  OR  DESIGNEE,  INCLUDING
 EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS OR PRIVATE PARTIES; (C) FIXED
 ACCEPTANCE  LOCATIONS SUCH AS DEDICATED ACCEPTANCE SITES OPERATED BY THE
 MANUFACTURER OR ITS AGENT OR DESIGNEE; (D) AGREEMENTS WITH LOCAL GOVERN-
 MENTS, RETAIL STORES, SALES  OUTLETS  AND  NOT-FOR-PROFIT  ORGANIZATIONS
 WHICH  HAVE  AGREED TO PROVIDE FACILITIES FOR THE COLLECTION OF CONSUMER
 GOODS WASTE; (E) COMMUNITY COLLECTION EVENTS; AND (F) ANY COMBINATION OF
 THESE OR OTHER ACCEPTANCE METHODS  WHICH  EFFECTIVELY  PROVIDE  FOR  THE
 ACCEPTANCE  OF CONSUMER GOODS WASTE FOR RECYCLING OR REUSE THROUGH MEANS
 THAT ARE AVAILABLE AND REASONABLY CONVENIENT TO CONSUMERS IN THE  STATE.
 AT  A  MINIMUM,  THE  MANUFACTURER SHALL ENSURE THAT ALL COUNTIES OF THE
 STATE, AND ALL MUNICIPALITIES WHICH HAVE A POPULATION OF TEN THOUSAND OR
 GREATER, HAVE AT LEAST ONE METHOD OF ACCEPTANCE THAT IS AVAILABLE WITHIN
 SUCH COUNTY OR MUNICIPALITY. THE  DEPARTMENT  MAY  ESTABLISH  ADDITIONAL
 REQUIREMENTS TO ENSURE CONVENIENT COLLECTION FROM CONSUMERS.
   2.  A  MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH
 THE IMPLEMENTATION OF THE CONSUMER GOODS WASTE ACCEPTANCE  PROGRAM.  THE
 MANUFACTURER SHALL NOT CHARGE CONSUMERS FOR THE COLLECTION, HANDLING AND
 RECYCLING AND REUSE OF CONSUMER GOODS WASTE, PROVIDED THAT SUCH PROHIBI-
 TION SHALL NOT APPLY TO A CHARGE ON BUSINESS CONSUMERS OR TO CHARGES FOR
 PREMIUM  SERVICES.  THIS PROHIBITION SHALL NOT APPLY TO A MANUFACTURER'S
 CONTRACT WITH A CONSUMER FOR  THE  COLLECTION,  HANDLING,  RECYCLING  OR
 REUSE  OF CONSUMER GOODS WASTE THAT WAS ENTERED INTO PRIOR TO THE EFFEC-
 TIVE DATE OF THIS SECTION.
 § 27-3207. LABELING.
   BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-THREE, A  MANUFACTURER  MAY
 NOT  OFFER  FOR SALE IN THE STATE OR DELIVER TO RETAILERS FOR SUBSEQUENT
 SALE CONSUMER GOODS UNLESS IT HAS A  VISIBLE,  PERMANENT  LABEL  CLEARLY
 IDENTIFYING THE MANUFACTURER OF THAT EQUIPMENT.
 § 27-3209. DEPARTMENT RESPONSIBILITIES.
   THE  DEPARTMENT  IS  AUTHORIZED  TO  PROMULGATE  RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE.
 § 27-3211. PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO CONSUMER GOODS WASTE RECYCL-
 ING IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE.   ANY  PROVISION
 OF  ANY  LOCAL  LAW  OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED
 THERETO, GOVERNING CONSUMER GOODS AND THE COLLECTION, REUSE, OR  RECYCL-
 ING  OF CONSUMER GOODS WASTE SHALL UPON THE EFFECTIVE DATE OF THIS TITLE
 BE PREEMPTED.
   § 2. This act shall take effect immediately.