S T A T E O F N E W Y O R K
________________________________________________________________________
4500
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. HUNTER, GRIFFIN -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to recy-
cling of electronic products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 27-2605 of the
environmental conservation law, as added by chapter 99 of the laws of
2010, is amended to read as follows:
(d) a general description of the manner in which the manufacturer will
comply with section 27-2603 of this title, including specific informa-
tion on the manufacturer's electronic waste acceptance program in the
state, [and] a current list of locations within the state where consum-
ers may return electronic waste, AND A DESCRIPTION OF THE PUBLIC EDUCA-
TION AND OUTREACH PROGRAM REQUIRED BY PARAGRAPH (C) OF SUBDIVISION FIVE
OF THIS SECTION;
§ 2. Paragraphs (a) and (c) of subdivision 5 of section 27-2605 of the
environmental conservation law, as added by chapter 99 of the laws of
2010, are amended to read as follows:
(a) collection, handling and recycling or reuse of electronic waste
pursuant to section 27-2603 of this title in a manner convenient to
consumers. [The following acceptance methods shall be considered reason-
ably convenient: (i) mail or ship back return programs; (ii) collection
or acceptance events conducted by the manufacturer or the manufacturer's
agent or designee, including events conducted through local governments
or private parties; (iii) fixed acceptance locations such as dedicated
acceptance sites operated by the manufacturer or its agent or designee;
(iv) agreements with local governments, retail stores, sales outlets and
not-for-profit organizations which have agreed to provide facilities for
the collection of electronic waste; (v) community collection events; and
(vi) any combination of these or other acceptance methods which effec-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01223-01-1
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tively provide for the acceptance of electronic 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 popu-
lation of ten thousand or greater, have at least one method of accept-
ance that is available within such county or municipality. The depart-
ment may establish additional requirements to ensure convenient
collection from consumers] TO MEET MINIMUM COLLECTION REQUIREMENTS, A
MANUFACTURER OR THE MANUFACTURER'S AGENT OR DESIGNEE SHALL USE GEOGRAPH-
IC MODELING TO DETERMINE THE NUMBER AND DISTRIBUTION OF PERMANENT SITES
TO BE OPERATED BY THE MANUFACTURER OR ITS AGENT OR DESIGNEE FOR
COLLECTION OF COVERED ELECTRONIC EQUIPMENT BASED ON THE FOLLOWING CRITE-
RIA: (I) AT LEAST NINETY PERCENT OF NEW YORK RESIDENTS SHALL HAVE A
COLLECTION SITE WITHIN A FIFTEEN MILE RADIUS OF THEIR PRINCIPAL RESI-
DENCE; AND (II) ONE ADDITIONAL PERMANENT COLLECTION SITE WILL BE ESTAB-
LISHED FOR EVERY FIFTY THOUSAND RESIDENTS OF AN URBANIZED AREA (AS
DEFINED BY THE UNITED STATES CENSUS BUREAU).
IN ADDITION, A MANUFACTURER OR ITS AGENT OR ITS DESIGNEE, SHALL ENSURE
THAT: (I) IN COUNTIES WITH POPULATIONS BETWEEN SIXTY-FIVE THOUSAND AND
THREE HUNDRED THOUSAND PEOPLE, THERE SHALL BE NO LESS THAN THREE PERMA-
NENT COLLECTION LOCATIONS FOR COLLECTION OF COVERED ELECTRONIC EQUIP-
MENT; AND (II) IN COUNTIES WITH LESS THAN SIXTY-FIVE THOUSAND PEOPLE,
THERE SHALL BE, AT A MINIMUM, THREE COMMUNITY COLLECTION OR ACCEPTANCE
EVENTS CONDUCTED ON AN ANNUAL BASIS BY THE MANUFACTURER OR THE MANUFAC-
TURER'S AGENT OR DESIGNEE, OR ON BEHALF OF THE MANUFACTURER OR ITS AGENT
OR DESIGNEE BY A LOCAL GOVERNMENT OR PRIVATE PARTY. THE SCHEDULE FOR
SUCH COLLECTION EVENTS SHALL BE MADE AVAILABLE TO THE PUBLIC AND
PROVIDED TO THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH
YEAR.
PERMANENT COLLECTION LOCATIONS MAY BE OPERATED BY THE MANUFACTURER OR
ITS AGENT OR DESIGNEE, OR BY LOCAL GOVERNMENTS, RETAIL STORES, SALES
OUTLETS, AND NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE AGREED WITH THE
MANUFACTURER OR ITS AGENT OR DESIGNEE TO PROVIDE FACILITIES FOR THE
COLLECTION OF ELECTRONIC WASTE.
NOTHING IN THIS SECTION SHALL PROHIBIT A COUNTY OR SOLID WASTE AUTHOR-
ITY, AT ITS DISCRETION, TO ESTABLISH A PERMANENT COLLECTION SITE FOR
ELECTRONIC WASTE TO MEET THE CONVENIENCE STANDARD, AND THE MANUFACTURER,
OR ITS AGENT OR DESIGNEE, SHALL ACCEPT ALL COVERED ELECTRONIC EQUIPMENT
SO COLLECTED AT NO COST TO THE MUNICIPALITY, AND SHALL REIMBURSE TO THE
MUNICIPALITY THE REASONABLE COSTS OF PREPARING THE COLLECTED EQUIPMENT
FOR SHIPMENT.
A MANUFACTURER MAY PARTICIPATE WITH OTHER MANUFACTURERS IN A COLLEC-
TIVE ELECTRONIC WASTE ACCEPTANCE PROGRAM TO ACHIEVE THE CONVENIENCE
STANDARD ESTABLISHED HEREIN;
(c) a public education AND OUTREACH program, DEVELOPED IN COLLAB-
ORATION WITH THE MANUFACTURER AND THE OPERATOR OF EACH ELECTRONIC WASTE
COLLECTION SITE WHERE THE MANUFACTURER'S COVERED ELECTRONIC EQUIPMENT IS
COLLECTED, to inform consumers about the manufacturer's electronic waste
acceptance program, including at a minimum ONE OR MORE OF THE FOLLOWING:
(i) an internet website and a toll-free telephone number PROVIDED BY THE
MANUFACTURER and written information included in the product manual for,
or at the time of sale of, covered electronic equipment that provides
sufficient information to allow a consumer of covered electronic equip-
ment to learn how to return the covered equipment for recycling or
reuse, and in the case of manufacturers of computers, hard drives and
other covered electronic equipment that have internal memory on which
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personal or other confidential data can be stored, such website shall
provide instructions for how consumers can destroy such data before
surrendering the products for recycling or reuse; (ii) advertisements
and press releases [if any]; AND (III) POST-PURCHASE ELECTRONIC NOTIFI-
CATION FROM THE MANUFACTURER TO CONSUMERS; and
§ 3. Subdivision 8 of section 27-2605 of the environmental conserva-
tion law, as added by chapter 99 of the laws of 2010, is amended to read
as follows:
8. A manufacturer shall be responsible for all costs associated with
the implementation of the electronic waste acceptance program, INCLUDING
BUT NOT LIMITED TO ALL COSTS OF COLLECTION, TRANSPORTATION AND RECYCLING
OF COVERED ELECTRONIC EQUIPMENT. A MANUFACTURER SHALL CONTINUE TO COVER
THE FULL COSTS OF COLLECTION, TRANSPORTATION AND RECYCLING OF COVERED
ELECTRONIC EQUIPMENT, AND ITS COLLECTION RESPONSIBILITIES UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL CONTINUE, REGARDLESS OF WHETHER THE
ACCEPTANCE STANDARD IN SUBDIVISION FOUR OF SECTION 27-2603 OF THIS ARTI-
CLE IS ACHIEVED FOR THE YEAR. The manufacturer OR ITS AGENT shall not
charge consumers, MUNICIPALITIES OR ELECTRONIC WASTE COLLECTION SITES
for the collection, handling and recycling and reuse of electronic
waste, provided that such prohibition 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 electronic waste that was
entered into prior to the effective date of this section. For purposes
of this subdivision, "business consumer" means a for-profit entity which
has fifty or more full time employees or a not-for-profit corporation
with seventy-five or more full time employees, but not a not-for-profit
corporation designated under section 501(c)(3) of the internal revenue
code. For purposes of this subdivision, "premium services" means equip-
ment and data security services, refurbishment for reuse by the consum-
er, and other custom services as may be determined by the department.
§ 4. Section 27-2603 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
8. A PERSON OPERATING AN ELECTRONIC WASTE COLLECTION SITE, AN ELEC-
TRONIC WASTE CONSOLIDATION FACILITY OR AN ELECTRONIC WASTE RECYCLING
FACILITY AND HAVING A REASONABLE GROUND TO BELIEVE THAT A MANUFACTURER
HAS FAILED OR IS FAILING TO COVER ALL COSTS OF COLLECTION, TRANSPORTA-
TION OR RECYCLING OF COVERED ELECTRONIC EQUIPMENT, MAY REQUEST THE
DEPARTMENT TO INVESTIGATE SUCH ALLEGED FAILURE AND, UPON A FINDING BY
THE DEPARTMENT THAT THE MANUFACTURER HAS FAILED OR IS FAILING TO COVER
SUCH COSTS, THE DEPARTMENT SHALL ORDER THE MANUFACTURER TO PAY SUCH
COSTS.
§ 5. Paragraphs (f) and (h) of subdivision 1 of section 27-2617 of the
environmental conservation law, as added by chapter 99 of the laws of
2010, are amended to read as follows:
(f) the names and locations of electronic waste recycling facilities
utilized by the manufacturer and entities to which electronic waste is
sent for reuse, whether SUCH FACILITIES OR ENTITIES ARE LOCATED in the
state or outside the state, including details on the methods of recycl-
ing or reuse of electronic waste, any disassembly or physical recovery
operation used, and the environmental management measures implemented by
[such] EACH recycling facility or entity IDENTIFIED BY THE MANUFACTURER
UNDER THIS PARAGRAPH;
(h) a [brief] description of [its] THE public education AND OUTREACH
program REQUIRED BY PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION 27-2605
OF THIS TITLE, including the number of visits to the internet website
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and calls to the toll-free telephone number provided by the manufacturer
[as required by section 27-2605 of this title], COPIES OF WRITTEN
NOTICES, AND NUMBER OF POST-PURCHASE ELECTRONIC NOTIFICATIONS SENT TO
CONSUMERS;
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.