NY State Senate Bill 2021-S4063

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Feb 02, 2021	referred to environmental conservation

co-Sponsors

2021-S4063 (ACTIVE) - Details

See Assembly Version of this Bill:: A6316
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, A9921
2017-2018: S1448, A6280
2019-2020: S2610, A4105
2023-2024: S4939, A4010

2021-S4063 (ACTIVE) - Summary

Relates to establishing a product stewardship program for primary batteries.

2021-S4063 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4063

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing a product stewardship program for primary batteries

 
PURPOSE:

The purpose of this bill is to establish a battery recycling program for
consumers.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new Title 16 in the Environmental Conservation Law
entitled " Product Stewardship for Primary Batteries".

§ 27-1601 Definitions - This section defines: department, brand,
collection rate, consumer, discarded primary battery, easily removable,
primary battery, primary battery stewardship plan, producer, program,

rechargeable battery, recycling, and retailer.

§ 27-1605 Primary battery Stewardship Plan Required - Under this
section, before April 1, 2022, each producer either individually or
through a stewardship organization shall submit a stewardship plan to
the commissioner of Environmental Conservation. Such a plan must include
contact information of each producer, the fee collected from the consum-
er, locations of retailers or municipalities that collect batteries (
providing no fewer than two permanent collection facilities in counties
with 50,000 or less in population, no less than three collection
locations in counties with population between 50,000 and 100,000, and
for all counties with population of greater than 100,000 a collection
site in each municipality with a population of greater than 50,000. )
Such plans must include a description regarding the management of recy-
cled batteries. The plan shall include the roles and responsibilities of
all parties in the recycling management chain. Plans must also include
an education and outreach component that notifies the public that there
is a free collection program for batteries, and the location of
collection points. Lastly, the plan must also include performance goals
to meet.

§ 27-1607 - Annual Report - Producers are required to submit an annual
report that details the following, the weight of primary batteries
collected, the collection rates, if any collection sites failed to
collect a minimum of 100 pounds of batteries, the location of all
collection points, examples and descriptions of all educational materi-
als used, the manner in which the collected primary batteries were
managed, any material change to the management plan, and the cost of
implementation including the cost of collection, recycling, education,
and outreach.

§ 27-1609 - Agency Responsibilities - The commissioner of the Department
of Environmental Conservation shall be charged with accepting, approv-
ing, and reviewing all plans submitted under this title. The commission-
er will also be responsible for posting the plans on the department's
website.


§ 27-1611- Retailer Obligations - Beginning January 1, 2023, no retailer
shall offer for sale a battery unless the retailer has implemented a
battery stewardship program. This section provides for an inventory
exception for certain qualifying circumstances.

§ 27-1613 - Administrative Fee - The following fees will be assessed for
stewardship plans: a producer acting individually shall pay a fee of
$7,500 and a producer acting cooperatively with another producer shall
pay a fee of $15,000 annually. Such fee shall be deposited in the
hazardous waste remedial fund.

§ 27-1615 - Penalties - The commissioner must assess a penalty of $1,000
a day for noncompliance..

§ 27-1617 - Rulemaking - The commissioner may adopt rules in accordance
with the provisions of this title.

Section 2 - Directs the Department to work with battery manufacturers to
explore ways to develop labeling to encourage recycling.

Section 3 - Effective Date - This act shall take effect on the 180th
day.

 
EXISTING LAW:

Under Article 27, Title 18 of the environmental conservation law,
manufacturers are required to collect and recycle rechargeable batteries
in a manufacturer-funded program at no cost to consumers.  Manufacturers
of covered rechargeable batteries are responsible for supporting the
recycling batteries, educating consumers and reporting on the progress
of programs. Retailers are required to accept up to ten used batteries
from consumers a day. Lastly, consumers are encouraged to make every
effort to recycle unwanted or unusable rechargeable batteries. Failure
to do so is a violation of the statute.

 
JUSTIFICATION:

Batteries contain heavy metals such as mercury, lead, cadmium, and nick-
el which when improperly disposed of contaminate the natural environment
and pose risks to human health. Failure to recycle batteries can lead to
toxic materials leaking into the soil from landfills, and if incinerated
batteries produce toxic fumes. Call2Recycle a leading battery recycler
estimates that only 10-12% of batteries purchased in North America are
recycled. This means that consumers improperly dispose of the vast
majority of batteries. There is an opportunity to protect the environ-
ment by instituting a recycling program for all batteries not just
rechargeable batteries. This legislation models the current rechargeable
battery-recycling program and provides New Yorkers with the tools neces-
sary to effectively recycle batteries.

 
LEGISLATIVE HISTORY:

2015 - 54522 - Referred to Environmental Conservation Committee

2016 - S4522 - Referred to Environmental Conservation Committee

2017 - S1448 - Referred to Environmental Conservation Committee

2018 - 51448 -Referred to Environmental Conservation Committee

2016 - A9921 - Reported to third reading

2017 - A6280 - Passed Assembly

2018 - A6280 -Reported to third reading

2019/20 - 52610 - REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act will take effect on the 180th day.

2021-S4063 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4063
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by Sens. PARKER, HOYLMAN, KRUEGER, SERRANO -- 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
   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.

                                                            LBD08243-01-1

 S. 4063                             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,  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.
   1. SALE PROHIBITED. BEGINNING  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-
 THREE,  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. 4063                             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
 TWENTY-THREE,  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 TWENTY-TWO,  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
 ORGANIZATION  SUBMIT  A  PRIMARY BATTERY STEWARDSHIP PLAN TO THE COMMIS-
 SIONER 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-
 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.

 S. 4063                             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.
   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-FOUR,
 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-
 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;

 S. 4063                             5
 
   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-THREE, 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.

 S. 4063                             6
 
   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-THREE AND SELLS THE BATTERY OR PRODUCT ON OR  BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR; 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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Senate Bill S4063

Sponsored By

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

co-Sponsors

2021-S4063 (ACTIVE) - Details

2021-S4063 (ACTIVE) - Summary

2021-S4063 (ACTIVE) - Sponsor Memo

2021-S4063 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4063

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Sponsored By

Kevin S. Parker

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

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Jose M. Serrano

2021-S4063 (ACTIVE) - Details

2021-S4063 (ACTIVE) - Summary

2021-S4063 (ACTIVE) - Sponsor Memo

2021-S4063 (ACTIVE) - Bill Text download pdf

Comments