NY State Senate Bill S6105A

Current Bill Status - In Senate Committee Finance Committee

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2023	reported and committed to finance
Apr 27, 2023	print number 6105a
Apr 27, 2023	amend and recommit to environmental conservation
Mar 29, 2023	referred to environmental conservation

Votes

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May 9, 2023 - Environmental Conservation committee Vote

S6105A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S6105 - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3419, En Con L

S6105 - Summary

Establishes a collection program for refrigerants and refrigerant-containing appliances; provides that no later than December 31, 2025, producers shall submit a plan to the department of environmental conservation for the establishment of a collection program for refrigerants and refrigerant-containing appliances.

S6105 - Sponsor Memo

 
BILL NUMBER: S6105

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing a collection program for refrigerants and refrigerant-con-
taining appliances

 
PURPOSE OF BILL:

This bill would require producer responsibility for the collection and
recycling of refrigerants and refrigerant-containing appliances.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends article 27 of the environmental conserva-
tion law by adding a new title 34 requiring producers of refrigerants
and refrigerant-containing appliances to provide for the collection and
recycling of their products.

Section 27-3401 of the new title sets forth definitions.

Section 27-3403 of the new title requires producers of refrigerants and
refrigerant-containing appliances sold in the state to submit collection
plans for the approval of the Department of Environmental Conservation
(DEC).

Section 27-3405 of the new title specifies the responsibilities of
producers.

Section 27-3407 of the new title specifies the responsibilities of
retailers.

Section 27-3409 of the new title specifies the responsibilities of the
DEC.

Section 27-3411 of the new title provides for labeling requirements.

Section 27-3413 of the new title provides for penalties for failure to
comply.

Section 27-3415 of the new title provides that its provisions do not
preempt local law.

Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

Many large household appliances such as air conditioners, refrigerators,
freezers, and dehumidifiers may contain synthetic refrigerants such as
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydro-
fluorocarbons (HFCs), which contribute to the depletion of the ozone
layer and contribute to the climate crisis. Furthermore, a lot of these
products end up in landfills where they are treated as conventional
waste, and may liberate these synthetic refrigerants further in the
atmosphere and soil. However, rather than treating these appliances as
conventional waste, many of the materials in these appliances can be
recycled. In 2014, New York City passed the first-ever Refrigerant
Equipment Safe Handling Act. Since enactment of that legislation, refri-
gerant manufacturers have collected over 90,000 products, saving the
city more than $1.3 million.

Refrigerants are also critical in the operation of heat pumps, a versa-
tile and efficient cooling and heating system that is a clean and heal-
thy alternative to traditional heating and cooling systems.  Due to
falling costs and strong incentives, more Americans than ever are
purchasing heat pumps for their homes. For the first time in 2022, annu-
al sales in the United States exceeded 4 million units, surpassing those
of gas-powered systems. Heat pumps are likely to be a critical part of
New Yorkers' efforts to meet the essential goals of the Climate Leader-
ship and Community Protection Act, which will necessitate rapid progress
toward decarbonization and electrification. This makes it all the more
important that the State put in place a program to ensure the recycling
of refrigerant and refrigerant-containing appliances.

This bill would keep refrigerants and refrigerant-containing appliances
out of our landfills, reducing contamination of New York's land and
water, and preventing climate pollution from being released into the
air. As with other extended producer responsibility initiatives, the
program required by this bill would hold producers, who profit from the
sale of these products, responsible for the collection and recycling of
refrigerants and refrigerant-containing appliances at the end of their
useful life, promoting a more circular economy and reducing costs for
municipalities across the state.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal to the state, with the expectation that costs will be fully
covered by fees generated by the program.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6105 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6105
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  collection  program for refrigerants and refrigerant-
   containing appliances

   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 34 to read as follows:
                                  TITLE 34
      COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
                                APPLIANCES
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER REQUIREMENTS.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411. LABELING REQUIREMENTS.
         27-3413. PENALTIES.
         27-3415. NO PREEMPTION OF LOCAL LAW.
         27-3417. RULES AND REGULATIONS.
 §  27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
 TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE REFRIGERANTS AND  REFRI-
 GERANT-CONTAINING APPLIANCES THAT IS FINANCED AND MANAGED OR PROVIDED BY
 A  REFRIGERANT OR REFRIGERANT-CONTAINING APPLIANCE MANUFACTURER INDIVID-
 UALLY OR COLLECTIVELY WITH OTHER SUCH MANUFACTURERS IN  ACCORDANCE  WITH
 THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10469-01-3

 S. 6105                             2
 
   3.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 DISCARDED REFRIGERANTS  AND  REFRIGERANT-CONTAINING  APPLIANCES  MAY  BE
 RETURNED  BY  A  CONSUMER.  COLLECTION  SITES  SHALL ACCEPT ALL TYPES OF
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES AS  DEFINED  BY  THIS
 TITLE REGARDLESS OF BRAND.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR  USES  REFRIGERANTS  OR  REFRIGERANT-CONTAINING  APPLIANCES,
 INCLUDING BUT NOT LIMITED TO AN  INDIVIDUAL,  A  BUSINESS,  CORPORATION,
 LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT  CORPORATION,  THE STATE, A PUBLIC
 CORPORATION,  PUBLIC  SCHOOL,  SCHOOL  DISTRICT,  PRIVATE  OR  PAROCHIAL
 SCHOOL,  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES OR GOVERNMENTAL
 ENTITY.
   5. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES REFRIGERANTS OR REFRI-
 GERANT-CONTAINING  APPLIANCES  THAT  ARE  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED  IN  THE  STATE  UNDER THE MANUFACTURER'S OWN NAME OR BRAND.
 "PRODUCER" INCLUDES:
   (A) THE OWNER OF A TRADEMARK OR  BRAND  UNDER  WHICH  REFRIGERANTS  OR
 REFRIGERANT-CONTAINING   APPLIANCES  ARE  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED IN THIS STATE, WHETHER OR NOT SUCH  TRADEMARK  OR  BRAND  IS
 REGISTERED IN THE STATE; AND
   (B)  ANY  PERSON  WHO  IMPORTS  REFRIGERANTS OR REFRIGERANT-CONTAINING
 APPLIANCES INTO THE UNITED STATES THAT ARE SOLD OR OFFERED FOR  SALE  IN
 THE  STATE  AND  THAT  ARE  MANUFACTURED BY A PERSON WHO DOES NOT HAVE A
 PRESENCE IN THE UNITED STATES.
   6. "REFRIGERANT" MEANS ANY SUBSTANCES CONSISTING IN WHOLE OR  IN  PART
 OF  A  CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE, WHICH ARE USED FOR
 HEAT TRANSFER PURPOSES AND PROVIDE A COOLING EFFECT, INCLUDING, BUT  NOT
 LIMITED TO, CHLOROFLUOROCARBONS, HYDRO-CHLOROFLUOROCARBONS, OR ANY OTHER
 SUBSTITUTE  SUBSTANCE  AS  MAY  BE DEFINED BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY.
   (A) A "CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE" SHALL  BE  THOSE
 SUBSTANCES AS DEFINED BY 42 USC § 7671A.
   (B)  A  "SUBSTITUTE  SUBSTANCE"  SHALL BE ANY ENVIRONMENTAL PROTECTION
 AGENCY  APPROVED  REPLACEMENT  FOR  A  CLASS  I  OR  II  OZONE-DEPLETING
 SUBSTANCE IN REFRIGERATION OR AIR-CONDITIONING END-USE.
   7. "REFRIGERANT-CONTAINING APPLIANCE" MEANS ANY DEVICE THAT CONTAINS A
 REFRIGERANT  AND  CAN  BE USED FOR HOUSEHOLD PURPOSES INCLUDING, BUT NOT
 LIMITED TO, ROOM AIR  CONDITIONERS,  HEAT  PUMPS,  REFRIGERATORS,  WATER
 COOLERS, OR FREEZERS.
   8.  "REPRESENTATIVE  ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM.
   9.  "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE REFRIGER-
 ANTS OR REFRIGERANT-CONTAINING APPLIANCES TO A CONSUMER IN THE STATE.
   10. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE  OR
 THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
 ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
 OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
 MEANS; THIS DOES NOT INCLUDE DONATIONS OR REUSE.
 § 27-3403. PRODUCER PLAN.
   1. NO LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,  A
 PRODUCER,  EITHER  INDIVIDUALLY  OR COOPERATIVELY IN A GROUP WITH ONE OR
 MORE PRODUCERS OR WITH A REPRESENTATIVE ORGANIZATION,  SHALL  SUBMIT  TO
 THE  DEPARTMENT  FOR THE DEPARTMENT'S APPROVAL A PLAN FOR THE ESTABLISH-
 MENT OF A COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
 S. 6105                             3
 
 APPLIANCES THAT MEETS THE  COLLECTION  REQUIREMENTS  DESCRIBED  IN  THIS
 SECTION.
   2.  A  PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENT OF THIS
 SECTION BY AGREEING TO PARTICIPATE COLLECTIVELY WITH A  GROUP  OF  OTHER
 PRODUCERS  OR  WITH  A  REPRESENTATIVE  ORGANIZATION.  ANY SUCH PRODUCER
 PARTICIPATING COLLECTIVELY IN A  COLLECTION  PROGRAM  SHALL  NOTIFY  THE
 DEPARTMENT OF SUCH PARTICIPATION.
   3.  A  PRODUCER,  GROUP  OF  PRODUCERS, OR REPRESENTATIVE ORGANIZATION
 SHALL UPDATE THE PLAN, AS NEEDED, WHEN THERE ARE CHANGES PROPOSED TO ITS
 COLLECTION PROGRAM. A NEW PLAN OR  AMENDMENT  WILL  BE  REQUIRED  TO  BE
 SUBMITTED TO THE DEPARTMENT FOR APPROVAL WHEN:
   (A) THERE IS A REVISION OF THE COLLECTION PROGRAM'S GOALS; OR
   (B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   4.  THE  PLAN SUBMITTED BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
   (A) PROVIDE A LIST OF EACH PARTICIPATING PROVIDER AND BRAND COVERED BY
 THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
   (C) DESCRIBE HOW THE PRODUCER, GROUP OF PRODUCERS,  OR  REPRESENTATIVE
 ORGANIZATION WILL SAFELY COLLECT, TRANSPORT, RECYCLE, AND PROCESS REFRI-
 GERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
   (D) DESCRIBE HOW THE PROGRAM WILL PROVIDE FOR THE COLLECTION OF REFRI-
 GERANT-CONTAINING APPLIANCES, FREE OF COST AND IN A MANNER CONVENIENT TO
 CONSUMERS,  INCLUDING  HOW  THE  PROGRAM  WILL  ACHIEVE, AT A MINIMUM, A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT HAVE A POPULATION OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT  ACCEPTS  REFRIGERANT-CONTAINING  APPLIANCES  FROM CONSUMERS DURING
 NORMAL BUSINESS HOURS. THE PRODUCER, GROUP OF  PRODUCERS,  OR  REPRESEN-
 TATIVE  ORGANIZATION  MAY COORDINATE THE PROGRAM WITH EXISTING MUNICIPAL
 WASTE COLLECTION INFRASTRUCTURE AS IS MUTUALLY AGREEABLE.    CONVENIENCE
 STANDARDS  SHALL  BE  EVALUATED  BY  THE DEPARTMENT PERIODICALLY AND THE
 DEPARTMENT  MAY  REQUIRE  ADDITIONAL  COLLECTION  LOCATIONS  TO   ENSURE
 ADEQUATE CONSUMER CONVENIENCE;
   (E)  DESCRIBE  IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS TO INFORM
 CONSUMERS,  REFRIGERANT-CONTAINING  APPLIANCE  INSTALLERS,  AND   OTHERS
 ENGAGED IN THE MANAGEMENT OF DISCARDED REFRIGERANT-CONTAINING APPLIANCES
 ABOUT  THE  PROGRAM  INCLUDING,  AT A MINIMUM, AN INTERNET WEBSITE AND A
 TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE  TIME
 OF  SALE  OF  REFRIGERANT-CONTAINING APPLIANCES THAT PROVIDES SUFFICIENT
 INFORMATION TO ALLOW A CONSUMER TO LEARN HOW TO  RETURN  SUCH  REFRIGER-
 ANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR REUSE;
   (F)  DESCRIBE  THE  METHODS  TO  BE USED TO REUSE OR RECYCLE DISCARDED
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
   (G) DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF  DISCARDED
 REFRIGERANTS  AND REFRIGERANT-CONTAINING APPLIANCES THAT CANNOT BE RECY-
 CLED OR REUSED;
   (H) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (I)  DESCRIBE  THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
   (J) ESTIMATE THE AMOUNTS OF  REFRIGERANTS  AND  REFRIGERANT-CONTAINING
 APPLIANCES  THAT  WERE PREVIOUSLY SOLD, OFFERED FOR SALE, OR DISTRIBUTED
 IN THE STATE UNDER EACH PRODUCER'S NAME OR BRAND THAT ARE  DISCARDED  IN
 S. 6105                             4
 
 THE  STATE ANNUALLY AND DESCRIBE THE SOURCES OF DATA AND METHODOLOGY FOR
 ESTIMATING SUCH AMOUNT; AND
   (K)  DESCRIBE  HOW  THE PROGRAM WILL MEET ANNUAL PERFORMANCE GOALS, AS
 DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A  MINIMUM,  THE  PROGRAM
 SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (I)  A THIRTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
 CONTAINING APPLIANCES BY FIVE YEARS AFTER THE  PLAN  IS  APPROVED  UNDER
 SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE;
   (II)  A FIFTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
 CONTAINING APPLIANCES BY TEN YEARS AFTER  THE  PLAN  IS  APPROVED  UNDER
 SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE; AND
   (III)  A  SEVENTY-FIVE  PERCENT  RECYCLING  RATE  FOR REFRIGERANTS AND
 REFRIGERANT-CONTAINING APPLIANCES BY FIFTEEN YEARS  AFTER  THE  PLAN  IS
 APPROVED UNDER SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE.
 § 27-3405. PRODUCER RESPONSIBILITIES.
   1. BEGINNING NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SIX, OR SIX
 MONTHS  AFTER  THE  PLAN  IS  APPROVED UNDER SUBDIVISION FOUR OF SECTION
 27-3409 OF THIS TITLE, WHICHEVER OCCURS LATER, THE PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION  SHALL  IMPLEMENT  A  COLLECTION  PROGRAM  UTILIZING
 COLLECTION  SITES  ESTABLISHED  PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 FOUR OF SECTION 27-3403 OF THIS TITLE.
   2. A PRODUCER SHALL NOT SELL,  OR  OFFER  FOR  SALE,  REFRIGERANTS  OR
 REFRIGERANT-CONTAINING APPLIANCES TO ANY PERSON IN THE STATE ON OR AFTER
 THE  REQUIRED  DATE  OF  IMPLEMENTATION  OF THE COLLECTION PROGRAM UNDER
 SUBDIVISION ONE OF THIS SECTION UNLESS THE PRODUCER AND  THE  PRODUCER'S
 BRANDS ARE REGISTERED WITH THE DEPARTMENT PURSUANT TO THIS SECTION.
   3.  THE COLLECTION PROGRAM SHALL BE FREE TO CONSUMERS RETURNING REFRI-
 GERANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR  REUSE,  CONVEN-
 IENT,  AND ADEQUATE TO SERVE THE NEEDS OF SUCH CONSUMERS IN ALL AREAS OF
 THE STATE ON AN ONGOING BASIS.
   4. A PRODUCER, GROUP  OF  PRODUCERS,  OR  REPRESENTATIVE  ORGANIZATION
 SHALL  MAINTAIN  RECORDS DEMONSTRATING COMPLIANCE WITH THE PROVISIONS OF
 THIS TITLE AND MAKE THEM AVAILABLE  FOR  AUDIT  AND  INSPECTION  BY  THE
 DEPARTMENT  FOR  A PERIOD OF THREE YEARS. THE DEPARTMENT SHALL MAKE SUCH
 RECORDS AVAILABLE TO THE PUBLIC UPON  REQUEST  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THE STATE FREEDOM OF INFORMATION LAW AND THE REGULATIONS
 PROMULGATED THEREUNDER. RECORD HOLDERS SHALL SUBMIT THE RECORDS REQUIRED
 TO COMPLY WITH SUCH REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFI-
 CATION BY THE DEPARTMENT OF RECEIPT OF THE REQUEST.
   5. PRODUCERS, GROUPS OF PRODUCERS,  AND  REPRESENTATIVE  ORGANIZATIONS
 SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF
 THE  COLLECTION  PROGRAM,  INCLUDING  BUT  NOT  LIMITED  TO  THE COST OF
 COLLECTION.  EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
 IZATION SHALL PAY FEES ESTABLISHED BY  THE  DEPARTMENT  TO  COVER  COSTS
 INCURRED  BY  THE  STATE  IN  THE ADMINISTRATION AND ENFORCEMENT OF THIS
 TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE  SHALL  ONLY  RECOVER
 ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   6.  ANY  PERSON  WHO  BECOMES  A PRODUCER ON OR AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-FIVE SHALL SUBMIT A PLAN TO  THE  DEPARTMENT,
 OR  NOTIFY  THE DEPARTMENT THAT IT HAS JOINED AN EXISTING PLAN, PRIOR TO
 SELLING OR OFFERING FOR SALE IN THE STATE ANY REFRIGERANTS OR  REFRIGER-
 ANT-CONTAINING  APPLIANCES,  AND  SHALL  COMPLY WITH THE REQUIREMENTS OF
 THIS TITLE.
   7. ON OR BEFORE JULY FIRST, TWO THOUSAND  TWENTY-SEVEN,  AND  ANNUALLY
 THEREAFTER,  EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
 IZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES,  FOR  THE
 S. 6105                             5
 
 PREVIOUS  PROGRAM  YEAR,  A DESCRIPTION OF THE PROGRAM, AN ASSESSMENT OF
 COMPLIANCE WITH THE PROGRAM'S PERFORMANCE GOALS, AND  A  DESCRIPTION  OF
 ANY  MODIFICATIONS  NECESSARY  TO  ACHIEVE SUCH GOALS. SUCH REPORT SHALL
 INCLUDE THE FOLLOWING:
   (A)  A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
 AND PROCESS REFRIGERANTS AND REFRIGERANT-CONTAINING  APPLIANCES  IN  THE
 STATE,  INCLUDING  COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN
 EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C) THE TOTAL VOLUME OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLI-
 ANCES COLLECTED IN THE STATE BY METHOD OF DISPOSITION, INCLUDING  REUSE,
 RECYCLING AND OTHER METHODS OF PROCESSING OR DISPOSAL;
   (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
   (E)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS, A
 DETAILED DESCRIPTION OF EFFORTS UNDERTAKEN TO DISSEMINATE  SUCH  MATERI-
 ALS,  AND  AN  EVALUATION OF SUCH EFFORTS, INCLUDING RECOMMENDATIONS, IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
   (F) ANY MODIFICATIONS NECESSARY TO ACHIEVE INCREASED PARTICIPATION  IN
 THE PROGRAM; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
 § 27-3407. RETAILER REQUIREMENTS.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, NO RETAILER MAY SELL
 OR  OFFER  FOR SALE REFRIGERANTS OR REFRIGERANT-CONTAINING APPLIANCES IN
 THE STATE UNLESS THE PRODUCER OF SUCH REFRIGERANTS  OR  REFRIGERANT-CON-
 TAINING  APPLIANCES IS PARTICIPATING IN A COLLECTION PROGRAM. A RETAILER
 SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE  THE  REFRIGER-
 ANTS  OR  REFRIGERANT-CONTAINING  APPLIANCES  ARE  OFFERED FOR SALE, THE
 PRODUCER IS LISTED  ON  THE  DEPARTMENT'S  WEBSITE  AS  IMPLEMENTING  OR
 PARTICIPATING  IN  AN APPROVED COLLECTION PROGRAM OR IF THE REFRIGERANT-
 CONTAINING APPLIANCE BRAND IS LISTED  ON  THE  DEPARTMENT'S  WEBSITE  AS
 BEING INCLUDED IN THE PROGRAM.
   2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION  SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE WITH
 ALL APPLICABLE LAWS AND REGULATIONS.
 § 27-3409. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3403 OF THIS TITLE,
 (B)  MAINTAIN  A  LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C) POST SUCH
 LISTS ON THE DEPARTMENT'S WEBSITE.
   2. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT SHALL
 POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION SITES  IDENTIFIED  TO
 THE DEPARTMENT BY THE PRODUCER IN ITS PLANS AND ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH PRODUCER PLAN
 APPROVED BY THE DEPARTMENT.
   4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN  AMEND-
 MENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE PLAN AMEND-
 MENT.    IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN  WRITING.  IF  THE
 DEPARTMENT  REJECTS  THE  PLAN  OR  PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION  IN  WRITING  STATING
 THE  REASON  FOR  REJECTING  THE  PLAN  OR PLAN AMENDMENT. A PRODUCER OR
 REPRESENTATIVE ORGANIZATION  WHOSE  PLAN  IS  REJECTED  SHALL  SUBMIT  A
 REVISED  PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
 OF REJECTION. IF THE DEPARTMENT REJECTS  THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
 S. 6105                             6
 
   5.  THE  DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
 OF THIS TITLE IN THIS STATE TO THE GOVERNOR  AND  LEGISLATURE  BY  APRIL
 FIRST,  TWO  THOUSAND  TWENTY-SEVEN  AND EVERY TWO YEARS THEREAFTER. THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A)  THE  STREAM OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES
 IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR  REFRIGERANTS
 AND REFRIGERANT-CONTAINING APPLIANCES;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 § 27-3411. LABELING REQUIREMENTS.
   ONE  YEAR  AFTER  THE  PLAN  IS APPROVED BY THE DEPARTMENT PURSUANT TO
 SECTION 27-3409 OF THIS TITLE, REFRIGERANTS  AND  REFRIGERANT-CONTAINING
 APPLIANCES SOLD OR OFFERED FOR SALE IN THE STATE SHALL BE ACCOMPANIED BY
 THE NAME OF THE PRODUCER AND THE PRODUCER'S CONTACT INFORMATION.
 § 27-3413. PENALTIES.
   ANY  PRODUCER  WHO  VIOLATES  ANY PROVISION OF OR FAILS TO PERFORM ANY
 DUTY IMPOSED PURSUANT TO THIS TITLE SHALL BE LIABLE FOR A CIVIL  PENALTY
 NOT  TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING  WHICH
 SUCH  VIOLATION  CONTINUES.  CIVIL  PENALTIES  SHALL  BE ASSESSED BY THE
 DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE
 PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER.
 § 27-3415. NO PREEMPTION OF LOCAL LAW.
   NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
 LOCAL LAW, INCLUDING, BUT NOT LIMITED TO CHAPTER FOUR-E OF TITLE SIXTEEN
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  PROVIDED  THAT  THE
 PROVISIONS OF SUCH LOCAL LAW ARE AT LEAST AS STRINGENT AS THE PROVISIONS
 OF THIS SECTION.
 § 27-3417. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
   § 2. This act shall take effect immediately.

S6105A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3419, En Con L

S6105A (ACTIVE) - Summary

S6105A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6105A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing a collection program for refrigerants and refrigerant-con-
taining appliances

 
PURPOSE OF BILL:

This bill would require producer responsibility for the collection and
recycling of refrigerants and refrigerant-containing appliances.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends article 27 of the environmental conserva-
tion law by adding a new title 34 requiring producers of refrigerants
and refrigerant-containing appliances to provide for the collection and
recycling of their products.

Section 27-3401 of the new title sets forth definitions.

Section 27-3403 of the new title requires producers of refrigerants and
refrigerant-containing appliances sold in the state to submit collection
plans for the approval of the Department of Environmental Conservation
(DEC).

Section 27-3405 of the new title specifies the responsibilities of
producers.

Section 27-3407 of the new title specifies the responsibilities of
retailers.

Section 27-3409 of the new title specifies the responsibilities of the
DEC.

Section 27-3411 of the new title establishes the refrigerant and refri-
gerant-containing appliances stewardship advisory council.

Section 27-3413 of the new title provides for labeling requirements.

Section 27-3415 of the new title provides for penalties for failure to
comply.

Section 27-3417 of the new title provides that its provisions do not
preempt local law.

Section 27-3419 of the new title provides rules and regulations.

Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

Many large household appliances such as air conditioners, refrigerators,
freezers, and dehumidifiers may contain synthetic refrigerants such as
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydro-
fluorocarbons (HFCs), which contribute to the depletion of the ozone
layer and contribute to the climate crisis. Furthermore, a lot of these
products end up in landfills where they are treated as conventional
waste, and may liberate these synthetic refrigerants further in the
atmosphere and soil. However, rather than treating these appliances as
conventional waste, many of the materials in these appliances can be
recycled. In 2014, New York City passed the first-ever Refrigerant
Equipment Safe Handling Act. Since enactment of that legislation, refri-
gerant manufacturers have collected over 90,000 products, saving the
city more than $1.3 million.

Refrigerants are also critical in the operation of heat pumps, a versa-
tile and efficient cooling and heating system that is a clean and heal-
thy alternative to traditional heating and cooling systems.  Due to
falling costs and strong incentives, more Americans than ever are
purchasing heat pumps for their homes. For the first time in 2022, annu-
al sales in the United States exceeded 4 million units, surpassing those
of gas-powered systems. Heat pumps are likely to be a critical part of
New Yorkers' efforts to meet the essential goals of the Climate Leader-
ship and Community Protection Act, which will necessitate rapid progress
toward decarbonization and electrification. This makes it all the more
important that the State put in place a program to ensure the recycling
of refrigerant and refrigerant-containing appliances.

This bill would keep refrigerants and refrigerant-containing appliances
out of our landfills, reducing contamination of New York's land and
water, and preventing climate pollution from being released into the
air. As with other extended producer responsibility initiatives, the
program required by this bill would hold producers, who profit from the
sale of these products, responsible for the collection and recycling of
refrigerants and refrigerant-containing appliances at the end of their
useful life, promoting a more circular economy and reducing costs for
municipalities across the state.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal to the state, with the expectation that costs will be fully
covered by fees generated by the program.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6105A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6105--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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 collection program for  refrigerants  and  refrigerant-
   containing appliances
 
   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 34 to read as follows:
                                  TITLE 34
      COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
                                APPLIANCES
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER REQUIREMENTS.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411.  REFRIGERANT  AND   REFRIGERANT-CONTAINING   APPLIANCES
                    STEWARDSHIP ADVISORY BOARD.
         27-3413. LABELING REQUIREMENTS.
         27-3415. PENALTIES.
         27-3417. NO PREEMPTION OF LOCAL LAW.
         27-3419. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
 TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE REFRIGERANTS AND  REFRI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10469-04-3

 S. 6105--A                          2
 
 GERANT-CONTAINING APPLIANCES THAT IS FINANCED AND MANAGED OR PROVIDED BY
 A  REFRIGERANT OR REFRIGERANT-CONTAINING APPLIANCE MANUFACTURER INDIVID-
 UALLY OR COLLECTIVELY WITH OTHER SUCH MANUFACTURERS IN  ACCORDANCE  WITH
 THIS TITLE.
   3.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 DISCARDED REFRIGERANTS  AND  REFRIGERANT-CONTAINING  APPLIANCES  MAY  BE
 RETURNED  BY  A  CONSUMER.  COLLECTION  SITES  SHALL ACCEPT ALL TYPES OF
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES AS  DEFINED  BY  THIS
 TITLE REGARDLESS OF BRAND.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR  USES  REFRIGERANTS  OR  REFRIGERANT-CONTAINING  APPLIANCES,
 INCLUDING BUT NOT LIMITED TO AN  INDIVIDUAL,  A  BUSINESS,  CORPORATION,
 LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT  CORPORATION,  THE STATE, A PUBLIC
 CORPORATION,  PUBLIC  SCHOOL,  SCHOOL  DISTRICT,  PRIVATE  OR  PAROCHIAL
 SCHOOL,  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES OR GOVERNMENTAL
 ENTITY.
   5. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES REFRIGERANTS OR REFRI-
 GERANT-CONTAINING  APPLIANCES  THAT  ARE  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED  IN  THE  STATE  UNDER THE MANUFACTURER'S OWN NAME OR BRAND.
 "PRODUCER" INCLUDES:
   (A) THE OWNER OF A TRADEMARK OR  BRAND  UNDER  WHICH  REFRIGERANTS  OR
 REFRIGERANT-CONTAINING   APPLIANCES  ARE  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED IN THIS STATE, WHETHER OR NOT SUCH  TRADEMARK  OR  BRAND  IS
 REGISTERED IN THE STATE; AND
   (B)  ANY  PERSON  WHO  IMPORTS  REFRIGERANTS OR REFRIGERANT-CONTAINING
 APPLIANCES INTO THE UNITED STATES THAT ARE SOLD OR OFFERED FOR  SALE  IN
 THE  STATE  AND  THAT  ARE  MANUFACTURED BY A PERSON WHO DOES NOT HAVE A
 PRESENCE IN THE UNITED STATES.
   6. "REFRIGERANT" MEANS ANY SUBSTANCES CONSISTING IN WHOLE OR  IN  PART
 OF  A  CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE, WHICH ARE USED FOR
 HEAT TRANSFER PURPOSES AND PROVIDE A COOLING EFFECT, INCLUDING, BUT  NOT
 LIMITED TO, CHLOROFLUOROCARBONS, HYDRO-CHLOROFLUOROCARBONS, OR ANY OTHER
 SUBSTITUTE  SUBSTANCE  AS  MAY  BE DEFINED BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY.
   (A) A "CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE" SHALL  BE  THOSE
 SUBSTANCES AS DEFINED BY 42 USC § 7671A.
   (B)  A  "SUBSTITUTE  SUBSTANCE"  SHALL BE ANY ENVIRONMENTAL PROTECTION
 AGENCY  APPROVED  REPLACEMENT  FOR  A  CLASS  I  OR  II  OZONE-DEPLETING
 SUBSTANCE IN REFRIGERATION OR AIR-CONDITIONING END-USE.
   7. "REFRIGERANT-CONTAINING APPLIANCE" MEANS ANY DEVICE THAT CONTAINS A
 REFRIGERANT  AND  CAN  BE USED FOR HOUSEHOLD PURPOSES INCLUDING, BUT NOT
 LIMITED TO, ROOM AIR  CONDITIONERS,  HEAT  PUMPS,  REFRIGERATORS,  WATER
 COOLERS, OR FREEZERS.
   8.  "REPRESENTATIVE  ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM.
   9.  "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE REFRIGER-
 ANTS OR REFRIGERANT-CONTAINING APPLIANCES TO A CONSUMER IN THE STATE.
   10. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE  OR
 THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
 ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
 OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
 MEANS; THIS DOES NOT INCLUDE DONATIONS OR REUSE.
 § 27-3403. PRODUCER PLAN.
   1. NO LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,  A
 PRODUCER,  EITHER  INDIVIDUALLY  OR COOPERATIVELY IN A GROUP WITH ONE OR
 S. 6105--A                          3
 
 MORE PRODUCERS OR WITH A REPRESENTATIVE ORGANIZATION,  SHALL  SUBMIT  TO
 THE  DEPARTMENT  FOR THE DEPARTMENT'S APPROVAL A PLAN FOR THE ESTABLISH-
 MENT OF A COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
 APPLIANCES  THAT  MEETS  THE  COLLECTION  REQUIREMENTS DESCRIBED IN THIS
 SECTION.
   2. A PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENT  OF  THIS
 SECTION  BY  AGREEING  TO PARTICIPATE COLLECTIVELY WITH A GROUP OF OTHER
 PRODUCERS OR WITH  A  REPRESENTATIVE  ORGANIZATION.  ANY  SUCH  PRODUCER
 PARTICIPATING  COLLECTIVELY  IN  A  COLLECTION  PROGRAM SHALL NOTIFY THE
 DEPARTMENT OF SUCH PARTICIPATION.
   3. A PRODUCER, GROUP  OF  PRODUCERS,  OR  REPRESENTATIVE  ORGANIZATION
 SHALL UPDATE THE PLAN, AS NEEDED, WHEN THERE ARE CHANGES PROPOSED TO ITS
 COLLECTION  PROGRAM.  A  NEW  PLAN  OR  AMENDMENT WILL BE REQUIRED TO BE
 SUBMITTED TO THE DEPARTMENT FOR APPROVAL WHEN:
   (A) THERE IS A REVISION OF THE COLLECTION PROGRAM'S GOALS; OR
   (B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   4. THE PLAN SUBMITTED BY THE PRODUCER OR  REPRESENTATIVE  ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
   (A) PROVIDE A LIST OF EACH PARTICIPATING PROVIDER AND BRAND COVERED BY
 THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
   (C)  DESCRIBE  HOW THE PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE
 ORGANIZATION WILL SAFELY COLLECT, TRANSPORT, RECYCLE, AND PROCESS REFRI-
 GERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
   (D) DESCRIBE HOW THE PROGRAM WILL PROVIDE FOR THE COLLECTION OF REFRI-
 GERANT-CONTAINING APPLIANCES, FREE OF COST AND IN A MANNER CONVENIENT TO
 CONSUMERS, INCLUDING HOW THE PROGRAM  WILL  ACHIEVE,  AT  A  MINIMUM,  A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT HAVE A POPULATION OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT ACCEPTS REFRIGERANT-CONTAINING  APPLIANCES  FROM  CONSUMERS  DURING
 NORMAL  BUSINESS  HOURS.  THE PRODUCER, GROUP OF PRODUCERS, OR REPRESEN-
 TATIVE ORGANIZATION MAY COORDINATE THE PROGRAM WITH  EXISTING  MUNICIPAL
 WASTE  COLLECTION  INFRASTRUCTURE AS IS MUTUALLY AGREEABLE.  CONVENIENCE
 STANDARDS SHALL BE EVALUATED BY  THE  DEPARTMENT  PERIODICALLY  AND  THE
 DEPARTMENT   MAY  REQUIRE  ADDITIONAL  COLLECTION  LOCATIONS  TO  ENSURE
 ADEQUATE CONSUMER CONVENIENCE;
   (E) DESCRIBE IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS  TO  INFORM
 CONSUMERS,   REFRIGERANT-CONTAINING  APPLIANCE  INSTALLERS,  AND  OTHERS
 ENGAGED IN THE MANAGEMENT OF DISCARDED REFRIGERANT-CONTAINING APPLIANCES
 ABOUT THE PROGRAM INCLUDING, AT A MINIMUM, AN  INTERNET  WEBSITE  AND  A
 TOLL-FREE  TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE TIME
 OF SALE OF REFRIGERANT-CONTAINING APPLIANCES  THAT  PROVIDES  SUFFICIENT
 INFORMATION  TO  ALLOW  A CONSUMER TO LEARN HOW TO RETURN SUCH REFRIGER-
 ANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR REUSE;
   (F) DESCRIBE THE METHODS TO BE USED  TO  REUSE  OR  RECYCLE  DISCARDED
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
   (G)  DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF DISCARDED
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES THAT CANNOT BE  RECY-
 CLED OR REUSED;
   (H)  DESCRIBE  WHAT,  IF  ANY,  INCENTIVES  WILL  BE USED TO ENCOURAGE
 RETAILER PARTICIPATION;
   (I) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE  USED  TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
 S. 6105--A                          4
 
   (J)  ESTIMATE  THE  AMOUNTS OF REFRIGERANTS AND REFRIGERANT-CONTAINING
 APPLIANCES THAT WERE PREVIOUSLY SOLD, OFFERED FOR SALE,  OR  DISTRIBUTED
 IN  THE  STATE UNDER EACH PRODUCER'S NAME OR BRAND THAT ARE DISCARDED IN
 THE STATE ANNUALLY AND DESCRIBE THE SOURCES OF DATA AND METHODOLOGY  FOR
 ESTIMATING SUCH AMOUNT; AND
   (K)  DESCRIBE  HOW  THE PROGRAM WILL MEET ANNUAL PERFORMANCE GOALS, AS
 DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A  MINIMUM,  THE  PROGRAM
 SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (I)  A THIRTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
 CONTAINING APPLIANCES BY FIVE YEARS AFTER THE  PLAN  IS  APPROVED  UNDER
 SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE;
   (II)  A FIFTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
 CONTAINING APPLIANCES BY TEN YEARS AFTER  THE  PLAN  IS  APPROVED  UNDER
 SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE; AND
   (III)  A  SEVENTY-FIVE  PERCENT  RECYCLING  RATE  FOR REFRIGERANTS AND
 REFRIGERANT-CONTAINING APPLIANCES BY FIFTEEN YEARS  AFTER  THE  PLAN  IS
 APPROVED UNDER SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE.
 § 27-3405. PRODUCER RESPONSIBILITIES.
   1. BEGINNING NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SIX, OR SIX
 MONTHS  AFTER  THE  PLAN  IS  APPROVED UNDER SUBDIVISION FOUR OF SECTION
 27-3409 OF THIS TITLE, WHICHEVER OCCURS LATER, THE PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION  SHALL  IMPLEMENT  A  COLLECTION  PROGRAM  UTILIZING
 COLLECTION  SITES  ESTABLISHED  PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 FOUR OF SECTION 27-3403 OF THIS TITLE.
   2. A PRODUCER SHALL NOT SELL,  OR  OFFER  FOR  SALE,  REFRIGERANTS  OR
 REFRIGERANT-CONTAINING  APPLIANCES TO ANY PERSON IN THE STATE UNLESS THE
 PRODUCER IS IMPLEMENTING OR PARTICIPATING UNDER AN APPROVED PLAN.
   3. THE COLLECTION PROGRAM SHALL BE FREE TO CONSUMERS RETURNING  REFRI-
 GERANT-CONTAINING  APPLIANCES  FOR DISPOSAL, RECYCLING OR REUSE, CONVEN-
 IENT, AND ADEQUATE TO SERVE THE NEEDS OF SUCH CONSUMERS IN ALL AREAS  OF
 THE STATE ON AN ONGOING BASIS.
   4.  A  PRODUCER,  GROUP  OF  PRODUCERS, OR REPRESENTATIVE ORGANIZATION
 SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH THE  PROVISIONS  OF
 THIS  TITLE  AND  MAKE  THEM  AVAILABLE  FOR AUDIT AND INSPECTION BY THE
 DEPARTMENT FOR A PERIOD OF THREE YEARS. THE DEPARTMENT SHALL  MAKE  SUCH
 RECORDS  AVAILABLE  TO  THE  PUBLIC  UPON REQUEST IN ACCORDANCE WITH THE
 PROVISIONS OF THE STATE FREEDOM OF INFORMATION LAW AND  THE  REGULATIONS
 PROMULGATED THEREUNDER. RECORD HOLDERS SHALL SUBMIT THE RECORDS REQUIRED
 TO COMPLY WITH SUCH REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFI-
 CATION BY THE DEPARTMENT OF RECEIPT OF THE REQUEST.
   5.  PRODUCERS,  GROUPS  OF PRODUCERS, AND REPRESENTATIVE ORGANIZATIONS
 SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF
 THE COLLECTION PROGRAM,  INCLUDING  BUT  NOT  LIMITED  TO  THE  COST  OF
 COLLECTION.  EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
 IZATION  SHALL  PAY  FEES  ESTABLISHED  BY THE DEPARTMENT TO COVER COSTS
 INCURRED BY THE STATE IN THE  ADMINISTRATION  AND  ENFORCEMENT  OF  THIS
 TITLE.  EXCLUSIVE  OF  FINES AND PENALTIES, THE STATE SHALL ONLY RECOVER
 ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   6. ANY PERSON WHO BECOMES A PRODUCER  ON  OR  AFTER  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND TWENTY-FIVE SHALL SUBMIT A PLAN TO THE DEPARTMENT,
 OR NOTIFY THE DEPARTMENT THAT IT HAS JOINED AN EXISTING PLAN,  PRIOR  TO
 SELLING  OR OFFERING FOR SALE IN THE STATE ANY REFRIGERANTS OR REFRIGER-
 ANT-CONTAINING APPLIANCES, AND SHALL COMPLY  WITH  THE  REQUIREMENTS  OF
 THIS TITLE.
   7.  ON  OR  BEFORE JULY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY
 THEREAFTER, EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE  ORGAN-
 S. 6105--A                          5
 
 IZATION  SHALL  SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE
 PREVIOUS PROGRAM YEAR, A DESCRIPTION OF THE PROGRAM,  AN  ASSESSMENT  OF
 COMPLIANCE  WITH  THE  PROGRAM'S PERFORMANCE GOALS, AND A DESCRIPTION OF
 ANY  MODIFICATIONS  NECESSARY  TO  ACHIEVE SUCH GOALS. SUCH REPORT SHALL
 INCLUDE THE FOLLOWING:
   (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT,  TRANSPORT,
 AND  PROCESS  REFRIGERANTS  AND REFRIGERANT-CONTAINING APPLIANCES IN THE
 STATE, INCLUDING COLLECTION METHODS MADE AVAILABLE TO CONSUMERS  AND  AN
 EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C) THE TOTAL VOLUME OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLI-
 ANCES  COLLECTED IN THE STATE BY METHOD OF DISPOSITION, INCLUDING REUSE,
 RECYCLING AND OTHER METHODS OF PROCESSING OR DISPOSAL;
   (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
   (E) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS,  A
 DETAILED  DESCRIPTION  OF EFFORTS UNDERTAKEN TO DISSEMINATE SUCH MATERI-
 ALS, AND AN EVALUATION OF SUCH EFFORTS,  INCLUDING  RECOMMENDATIONS,  IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
   (F)  ANY MODIFICATIONS NECESSARY TO ACHIEVE INCREASED PARTICIPATION IN
 THE PROGRAM; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
 § 27-3407. RETAILER REQUIREMENTS.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, NO RETAILER MAY SELL
 OR OFFER FOR SALE REFRIGERANTS OR REFRIGERANT-CONTAINING  APPLIANCES  IN
 THE  STATE  UNLESS THE PRODUCER OF SUCH REFRIGERANTS OR REFRIGERANT-CON-
 TAINING APPLIANCES IS PARTICIPATING IN A COLLECTION PROGRAM. A  RETAILER
 SHALL  BE  IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE THE REFRIGER-
 ANTS OR REFRIGERANT-CONTAINING APPLIANCES  ARE  OFFERED  FOR  SALE,  THE
 PRODUCER  IS  LISTED  ON  THE  DEPARTMENT'S  WEBSITE  AS IMPLEMENTING OR
 PARTICIPATING IN AN APPROVED COLLECTION PROGRAM OR IF  THE  REFRIGERANT-
 CONTAINING  APPLIANCE  BRAND  IS  LISTED  ON THE DEPARTMENT'S WEBSITE AS
 BEING INCLUDED IN THE PROGRAM.
   2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE  WITH
 ALL APPLICABLE LAWS AND REGULATIONS.
 § 27-3409. DEPARTMENT RESPONSIBILITIES.
   1.  THE  DEPARTMENT  SHALL  (A)  MAINTAIN  A LIST OF PRODUCERS WHO ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3403 OF THIS TITLE,
 (B) MAINTAIN A LIST OF EACH SUCH PRODUCER'S BRANDS, AND  (C)  POST  SUCH
 LISTS ON THE DEPARTMENT'S WEBSITE.
   2. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT SHALL
 POST  ON  ITS WEBSITE THE LOCATION OF ALL COLLECTION SITES IDENTIFIED TO
 THE DEPARTMENT BY THE PRODUCER IN ITS PLANS AND ANNUAL REPORTS.
   3. THE DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH  PRODUCER  PLAN
 APPROVED BY THE DEPARTMENT.
   4.  WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN AMEND-
 MENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE PLAN AMEND-
 MENT.  IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE  DEPARTMENT  SHALL
 NOTIFY  THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION IN WRITING. IF THE
 DEPARTMENT REJECTS THE PLAN OR  PLAN  AMENDMENT,  THE  DEPARTMENT  SHALL
 NOTIFY  THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION IN WRITING STATING
 THE REASON FOR REJECTING THE PLAN  OR  PLAN  AMENDMENT.  A  PRODUCER  OR
 REPRESENTATIVE  ORGANIZATION  WHOSE  PLAN  IS  REJECTED  SHALL  SUBMIT A
 REVISED PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A  NOTICE
 OF  REJECTION.  IF  THE  DEPARTMENT REJECTS THE SUBSEQUENT PROPOSAL, THE
 S. 6105--A                          6

 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
   5.  THE  DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
 OF THIS TITLE IN THIS STATE TO THE GOVERNOR  AND  LEGISLATURE  BY  APRIL
 FIRST,  TWO  THOUSAND  TWENTY-SEVEN  AND EVERY TWO YEARS THEREAFTER. THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE STREAM OF REFRIGERANTS AND  REFRIGERANT-CONTAINING  APPLIANCES
 IN THE STATE;
   (B)  DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR REFRIGERANTS
 AND REFRIGERANT-CONTAINING APPLIANCES;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 § 27-3411. REFRIGERANT AND REFRIGERANT-CONTAINING APPLIANCES STEWARDSHIP
                   ADVISORY BOARD.
   1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT  THE  REFRIGERANT
 AND REFRIGERANT-CONTAINING APPLIANCES STEWARDSHIP ADVISORY BOARD TO MAKE
 RECOMMENDATIONS TO THE COMMISSIONER REGARDING PRODUCER PLANS REQUIRED BY
 THIS TITLE.
   2.  THE  BOARD  SHALL  BE  COMPOSED  OF  THIRTEEN VOTING MEMBERS. SUCH
 MEMBERS SHALL INCLUDE:
   (A) ONE REPRESENTATIVE OF REFRIGERANT PRODUCERS;
   (B) TWO REPRESENTATIVES OF REFRIGERANT RETAILERS;
   (C) ONE REPRESENTATIVE OF REFRIGERANT RECYCLERS;
   (D) TWO REPRESENTATIVES OF REFRIGERANT COLLECTORS;
   (E) ONE REPRESENTATIVE OF A COMPANY THAT UTILIZES DISCARDED  REFRIGER-
 ANT OR REFRIGERANT-CONTAINING APPLIANCES TO MANUFACTURE A NEW PRODUCT;
   (F)  ONE  REPRESENTATIVE OF A REFRIGERANT-CONTAINING APPLIANCE INSTAL-
 LER;
   (G) ONE REPRESENTATIVE FROM A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (H) ONE REPRESENTATIVE FROM A STATEWIDE WASTE DISPOSAL ASSOCIATION;
   (I) ONE REPRESENTATIVE FROM THE NEW YORK PRODUCT STEWARDSHIP COUNCIL;
   (J) ONE REPRESENTATIVE FROM A CONSUMER ORGANIZATION; AND
   (K) ONE REPRESENTATIVE FROM A STATEWIDE RECYCLING ORGANIZATION.
   3. THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:
   (A) TWO MEMBERS TO BE APPOINTED BY  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE;
   (B) TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
   (D) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
 AND
   (E) SEVEN MEMBERS TO BE APPOINTED BY THE EXECUTIVE.
   4.  SUCH  APPOINTMENTS  SHALL  BE  MADE NO LATER THAN THE FIRST DAY OF
 JANUARY FOLLOWING THE DATE ON WHICH THIS TITLE TAKES EFFECT. THE MEMBERS
 SHALL DESIGNATE A CHAIR FROM AMONG THE MEMBERS BY MAJORITY  VOTE.  BOARD
 MEMBERS  SHALL  RECEIVE  NO  COMPENSATION BUT SHALL BE ENTITLED TO THEIR
 NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BOARD
 DUTIES.
   5. THE BOARD SHALL MEET AT LEAST BIANNUALLY BY CALL OF THE CHAIR.
 § 27-3413. LABELING REQUIREMENTS.
   ONE YEAR AFTER THE PLAN IS APPROVED  BY  THE  DEPARTMENT  PURSUANT  TO
 SECTION  27-3409  OF THIS TITLE, REFRIGERANTS AND REFRIGERANT-CONTAINING
 APPLIANCES SOLD OR OFFERED FOR SALE IN THE STATE SHALL BE ACCOMPANIED BY
 THE NAME OF THE PRODUCER AND THE PRODUCER'S CONTACT INFORMATION.
 § 27-3415. PENALTIES.
 S. 6105--A                          7
 
   ANY PRODUCER WHO VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY
 DUTY  IMPOSED PURSUANT TO THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND AN  ADDITIONAL
 PENALTY  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH  VIOLATION  CONTINUES.  CIVIL  PENALTIES  SHALL  BE ASSESSED BY THE
 DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE
 PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER.
 § 27-3417. NO PREEMPTION OF LOCAL LAW.
   NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
 LOCAL LAW, INCLUDING, BUT NOT LIMITED TO CHAPTER FOUR-E OF TITLE SIXTEEN
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  PROVIDED  THAT  THE
 PROVISIONS OF SUCH LOCAL LAW ARE AT LEAST AS STRINGENT AS THE PROVISIONS
 OF THIS SECTION.
 § 27-3419. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S6105A

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

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Votes

May 9, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 9, 2023

Bill Amendments

S6105 - Details

S6105 - Summary

S6105 - Sponsor Memo

S6105 - Bill Text download pdf

S6105A (ACTIVE) - Details

S6105A (ACTIVE) - Summary

S6105A (ACTIVE) - Sponsor Memo

S6105A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6105A

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

May 9, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 9, 2023

Bill Amendments

S6105 - Details

S6105 - Summary

S6105 - Sponsor Memo

S6105 - Bill Text download pdf

S6105A (ACTIVE) - Details

S6105A (ACTIVE) - Summary

S6105A (ACTIVE) - Sponsor Memo

S6105A (ACTIVE) - Bill Text download pdf

Comments