NY State Senate Bill S643B

Current Bill Status - On Floor Calendar

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

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2023	amended on third reading 643c
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.815
Apr 27, 2023	print number 643b
Apr 27, 2023	amend and recommit to environmental conservation
Mar 30, 2023	print number 643a
Mar 30, 2023	amend and recommit to environmental conservation
Jan 05, 2023	referred to environmental conservation

Votes

view votes

May 9, 2023 - Environmental Conservation committee Vote

S643B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

S643 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Art Head, Title 18 Title Head, §§27-1801, 27-1803, 27-1807, 27-1809 & 27-1811, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7142
2019-2020: S2331
2021-2022: S2906

S643 - Summary

Relates to rechargeable battery recycling; adds a battery used as the principal electric power source for an electric scooter or bicycle with electric assist to the definition of "rechargeable battery"; allows a city with a population of one million or more to enforce through its own agencies.

S643 - Sponsor Memo

 
BILL NUMBER: S643

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
rechargeable battery recycling

 
PURPOSE:

To maximize the removal of unwanted rechargeable batteries from the
solid waste stream.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph b of subdivision 2 of section
27-1807 of the environmental conservation law as amended by chapter 562
of the laws of 2010 to require that reports of battery recycling activ-
ity submitted by retailers under current law include the weight of
rechargeable batteries received for recycling within the city with a
population of one million or more.

Section 2 of the bill amends Section 27-1809 of the environmental
conservation law to include a new subdivision 5 which would permit
enforcement of section 27-1805 and subdivision one of section 27-1807 of
the environmental conservation law within a city with a population of
one million or more by an agency designated by the mayor of such city
with violations returnable to the office of administrative trials and
hearings of such city.

Section 3 of the bill amends Section 27-1811 of the environmental
conservation law as added by chapter 562 of the laws of 2010 to clarify
that the enforcement provisions in section 2 of the bill are not
preempted in this subdivision.

Section 4 of the bill sets for the effective date.

 
JUSTIFICATION:

It is in the public interest of New York State to maximize the removal
of unwanted rechargeable batteries from the solid waste stream by
banning their disposal from the solid waste stream, and requiring
retailers and manufacturers of rechargeable batteries to take back and
properly dispose of unwanted rechargeable batteries. The New York State
law regarding the recycling of rechargeable batteries, enacted in 2010,
A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring
rechargeable battery retailers and manufacturers to establish a compre-
hensive system for the collection, handling and proper disposal of
rechargeable batteries.

 
FISCAL IMPLICATIONS:

New York State is likely to save a significant but undetermined amount
due to reduced printing and mailing costs.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

None.

 
IMPACT ON FINES IMPRISONMENT, FORFEITURE OF RIFITS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2021-22: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2019-20: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2018: S7142A -AMENDED AND RECOMMITTED TO ENVIRONMENTAL CONSERVATION/
referred to environmental conservation

2017: A8577 - stricken

2016: A5851 - referred to environmental conservation

2015: A5851 - referred to environmental conservation

 
EFFECTIVE DATE:
This act shall take effect immediately.

S643 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    643
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 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
   rechargeable battery recycling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 2  of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, is amended to read as follows:
   b. Submittance  to  the  department  of  annual  reports,  on  a  form
 prescribed  by  the  department,  concerning  the amount of rechargeable
 batteries received within the state and recycled either by number or  by
 weight; the costs of such efforts; and any other relevant information as
 required  by  the department.   SUCH REPORTS SHALL INCLUDE THE WEIGHT OF
 RECHARGEABLE BATTERIES RECEIVED WITHIN A CITY WITH A POPULATION  OF  ONE
 MILLION OR MORE.
   §  2. Section 27-1809 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. IN ADDITION TO ANY ENFORCEMENT OF THIS TITLE  BY  THE  COMMISSIONER
 PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, THE PROVISIONS  OF  SECTION  27-1805  AND
 SUBDIVISION  ONE  OF SECTION 27-1807 OF THIS TITLE MAY BE ENFORCED BY AN
 AGENCY OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY.  ANY NOTICE  OF
 VIOLATION  ISSUED  BY  AN  AGENCY  DESIGNATED  BY THE MAYOR OF SUCH CITY
 CHARGING A VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE  OF  SECTION
 27-1807  OF  THIS TITLE SHALL BE RETURNABLE TO THE OFFICE OF ADMINISTRA-
 TIVE TRIALS AND HEARINGS OF SUCH CITY.  SUCH  OFFICE  OF  ADMINISTRATIVE
 TRIALS  AND  HEARINGS SHALL HAVE THE POWER TO IMPOSE THE CIVIL PENALTIES
 SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION. ALL  CIVIL
 PENALTIES  COLLECTED  FOR  ANY  VIOLATION  OF  THIS TITLE THAT HAVE BEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-01-3
 S. 643                              2

 
 IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY
 SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   §  3.  Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery 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 there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 4. This act shall take effect immediately.

S643A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Art Head, Title 18 Title Head, §§27-1801, 27-1803, 27-1807, 27-1809 & 27-1811, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7142
2019-2020: S2331
2021-2022: S2906

S643A - Summary

S643A - Sponsor Memo

 
BILL NUMBER: S643A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
rechargeable battery recycling

 
PURPOSE:

To maximize the removal of unwanted rechargeable batteries from the
solid waste stream.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 4 of section 27-1803 of the
environmental conservation law, as amended by chapter 562 of the laws of
2010, to include rechargeable batteries embedded in consumer devices
such as toys, appliances and personal care devices in the definition of
rechargeable battery. Furthermore, the definition includes a battery
used as the principal electric power source for an electric scooter or
bicycle with electric assist.

Section 2 of the bill amends paragraph b of subdivision 2 of section
27-1807 of the environmental conservation law, as added by chapter 562
of the laws of 2010, to require that reports of battery recycling activ-
ity submitted by retailers under current law include the weight of
rechargeable batteries received for recycling within the city with a
population of one million or more.

Section 3 of the bill amends subdivision 2 of section 27-1807 of the
environmental conservation law to provide for the safe collection and
disposal of damaged, defective, or recalled batteries collected by
retailers and by government agencies.

Section 4 of the bill amends section 27-1809 of the environmental
conservation law by adding new subdivision 5 which would permit enforce-
ment of section 27-1805 and subdivision one of section 27-1807 of the
environmental conservation law within a city with a population of one
million or more by an agency designated by the mayor of such city with
violations returnable to the office of administrative trials and hear-
ings of such city.

Section 5 of the bill amends Section 27-1811 of the environmental
conservation law, as added by chapter 562 of the laws of 2010, to clari-
fy that the enforcement provisions in section 4 of the bill are not
preempted in this subdivision.

Section 6 of the bill sets forth the effective date.

 
JUSTIFICATION:

While the utilization of rechargeable batteries can have positive
impacts on our environment by reducing the amount of unwanted batteries
in our solid waste stream, fully depleted rechargeable batteries that
are treated as traditional waste can deteriorate and leak, ultimately
leading to corrosion that releases toxic chemicals into our environment.
That is why it is in the public interest of New York State to further
maximize the safe collection and disposal of unwanted rechargeable
batteries from the solid waste stream by requiring retailers and
manufacturers of rechargeable batteries to take back and properly
dispose of unwanted rechargeable batteries.  The New York State law
regarding the recycling of rechargeable batteries, enacted in 2010,
A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring
rechargeable battery retailers and manufacturers to establish a compre-
hensive system for the collection, handling and proper disposal of
rechargeable batteries.

 
FISCAL IMPLICATIONS:

New York State is likely to save a significant but undetermined amount
due to reduced printing and mailing costs.

 
LEGISLATIVE HISTORY:

2022: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2021: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2020: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2019: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2018: S7142A - REFERRED TO ENVIRONMENTAL CONSERVATION

2017: A8577 - stricken

2016: A5851 - referred to environmental conservation

2015: A5851 - referred to environmental conservation

 
EFFECTIVE DATE:
This act shall take effect immediately.

S643A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 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
   rechargeable battery recycling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  27-1803 of the environmental
 conservation law, as added by chapter  562  of  the  laws  of  2010,  is
 amended to read as follows:
   4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
 sealed lead, lithium ion, nickel metal hydride  battery,  or  any  other
 such  dry  cell  battery  capable  of being recharged weighing less than
 twenty-five pounds, or battery packs containing such batteries,  INCLUD-
 ING  RECHARGEABLE  BATTERIES  EMBEDDED IN CONSUMER DEVICES SUCH AS TOYS,
 APPLIANCES AND PERSONAL CARE DEVICES; but shall not  include  a  battery
 used  as the principal electric power source for a vehicle, such as, but
 not limited to, an automobile, boat, truck, tractor, golf cart or wheel-
 chair, EXCEPT SUCH TERM SHALL INCLUDE A BATTERY USED  AS  THE  PRINCIPAL
 ELECTRIC  POWER  SOURCE FOR AN ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC
 ASSIST; for storage of electricity generated  by  an  alternative  power
 source,  such  as  solar or wind-driven generators; or for memory backup
 that is an integral component of an electronic device;
   § 2. Paragraph b of subdivision 2 of section 27-1807 of  the  environ-
 mental conservation law, as added by chapter 562 of the laws of 2010, is
 amended to read as follows:
   b.  Submittance  to  the  department  of  annual  reports,  on  a form
 prescribed by the department,  concerning  the  amount  of  rechargeable
 batteries  received within the state and recycled either by number or by
 weight; the costs of such efforts; and any other relevant information as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-02-3

 S. 643--A                           2
 
 required by the department.  SUCH REPORTS SHALL INCLUDE  THE  WEIGHT  OF
 RECHARGEABLE  BATTERIES  RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE.
   §  3.  Subdivision 2 of section 27-1807 of the environmental conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D. PROVIDING FOR THE SAFE COLLECTION AND DISPOSAL OF  DAMAGED,  DEFEC-
 TIVE,  OR  RECALLED  BATTERIES  COLLECTED BY RETAILERS AND BY GOVERNMENT
 AGENCIES.
   § 4. Section 27-1809 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.  IN  ADDITION  TO ANY ENFORCEMENT OF THIS TITLE BY THE COMMISSIONER
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, IN A  CITY  WITH  A  POPU-
 LATION  OF  ONE  MILLION  OR MORE, THE PROVISIONS OF SECTION 27-1805 AND
 SUBDIVISION ONE OF SECTION 27-1807 OF THIS TITLE MAY BE ENFORCED  BY  AN
 AGENCY  OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY.  ANY NOTICE OF
 VIOLATION ISSUED BY AN AGENCY DESIGNATED  BY  THE  MAYOR  OF  SUCH  CITY
 CHARGING  A  VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE OF SECTION
 27-1807 OF THIS TITLE SHALL BE RETURNABLE TO THE OFFICE  OF  ADMINISTRA-
 TIVE  TRIALS  AND  HEARINGS  OF SUCH CITY. SUCH OFFICE OF ADMINISTRATIVE
 TRIALS AND HEARINGS SHALL HAVE THE POWER TO IMPOSE THE  CIVIL  PENALTIES
 SET  FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION. ALL CIVIL
 PENALTIES COLLECTED FOR ANY VIOLATION  OF  THIS  TITLE  THAT  HAVE  BEEN
 IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY
 SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   §  5.  Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery 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 there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 6. This act shall take effect immediately.

S643B - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Art Head, Title 18 Title Head, §§27-1801, 27-1803, 27-1807, 27-1809 & 27-1811, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7142
2019-2020: S2331
2021-2022: S2906

S643B - Summary

S643B - Sponsor Memo

 
BILL NUMBER: S643B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
rechargeable battery recycling

 
PURPOSE:

To maximize the removal of unwanted rechargeable batteries from the
solid waste stream.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the heading of article 27 of the environ-
mental conservation law to read as: reduction, collection, reuse, recy-
cling, treatment and disposal of (refuse and other) solid waste and
extended producer responsibility.

Section two of the bill amends the title heading of title 18 of article
27 of the environmental conservation law.

Section three of the bill amends the short title of title 18 of article
27 of the environmental conservation law.

Section four of the bill amends subdivision 4 of section 27-1803 of the
environmental conservation law, as amended by chapter 562 of the laws of
2010, to include rechargeable batteries embedded in consumer devices
such as toys, appliances and personal care devices in the definition of
rechargeable battery. Furthermore, the definition includes a battery
used as the principal electric power source for an electric scooter or
bicycle with electric assist.

Section five of the bill amend paragraphs a and d of subdivision 1 of
section 27-1807 of the environmental conservation to specify retailer
responsibilities.

Section six of the bill amends paragraphs a and b of subdivision 2 of
section 27-1807 of the environmental conservation law to specify produc-
er responsibility and requires that reports of battery recycling activ-
ity submitted by retailers under current law include the weight of
rechargeable batteries received for recycling within the city with a
population of one million or more.

Section seven of the bill amends subdivision 2 of section 27-1807 of the
environmental conservation law to provide for the safe collection and
disposal of damaged, defective, or recalled batteries collected by
retailers and by government agencies.

Section eight of the bill amends section 27-1809 of the environmental
conservation law by adding new subdivision 5 which would permit enforce-
ment of section 27-1805 and subdivision one of section 27-1807 of the
environmental conservation law within a city with a population of one
million or more by an agency designated by the mayor of such city with
violations returnable to the office of administrative trials and hear-
ings of such city.


Section nine of the bill amends Section 27-1811 of the environmental
conservation law, as added by chapter 562 of the laws of 2010, to clari-
fy that the enforcement provisions in section 4 of the bill are not
preempted in this subdivision.

Section ten of the bill sets forth the effective date.

 
JUSTIFICATION:

While the utilization of rechargeable batteries can have positive
impacts on our environment by reducing the amount of unwanted batteries
in our solid waste stream, fully depleted rechargeable batteries that
are treated as traditional waste can deteriorate and leak, ultimately
leading to corrosion that releases toxic chemicals into our environment.
That is why it is in the public interest of New York State to further
maximize the safe collection and disposal of unwanted rechargeable
batteries from the solid waste stream by requiring retailers and
manufacturers of rechargeable batteries to take back and properly
dispose of unwanted rechargeable batteries.  The New York State law
regarding the recycling of rechargeable batteries, enacted in 2010,
A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring
rechargeable battery retailers and manufacturers to establish a compre-
hensive system for the collection, handling and proper disposal of
rechargeable batteries.

 
FISCAL IMPLICATIONS:

New York State is likely to save a significant but undetermined amount
due to reduced printing and mailing costs.

 
LEGISLATIVE HISTORY:

2022: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2021: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2020: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2019: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2018: S7142A - REFERRED TO ENVIRONMENTAL CONSERVATION

2017: A8577 - stricken

2016: A5851 - referred to environmental conservation

2015: A5851 - referred to environmental conservation

 
EFFECTIVE DATE:
This act shall take effect immediately.

S643B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 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  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   rechargeable battery recycling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  article  heading  of article 27 of the environmental
 conservation law is amended to read as follows:
                 REDUCTION, COLLECTION, REUSE, RECYCLING,
       TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND
                     EXTENDED PRODUCER RESPONSIBILITY
 
   § 2. The title heading of title 18 of article 27 of the  environmental
 conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
 amended to read as follows:
                   EXTENDED PRODUCER RESPONSIBILITY FOR
                RECHARGEABLE [BATTERY RECYCLING] BATTERIES
 
   § 3. Section 27-1801 of the environmental conservation law,  as  added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1801. Short title.
   This title shall be known as and may be cited as the "[New York State]
 EXTENDED  PRODUCER  RESPONSIBILITY  LAW  FOR  Rechargeable [Battery Law]
 BATTERIES".
   § 4. Subdivision 4 of section 27-1803 of the  environmental  conserva-
 tion  law,  as  added  by chapter 562 of the laws of 2010, is amended to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-03-3

 S. 643--B                           2
 
   4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
 sealed  lead,  lithium  ion,  nickel metal hydride battery, or any other
 such dry cell battery capable of  being  recharged  weighing  less  than
 twenty-five  pounds, or battery packs containing such batteries, INCLUD-
 ING  RECHARGEABLE  BATTERIES  EMBEDDED IN CONSUMER DEVICES SUCH AS TOYS,
 APPLIANCES AND PERSONAL CARE DEVICES; but shall not  include  a  battery
 used  as the principal electric power source for a vehicle, such as, but
 not limited to, an automobile, boat, truck, tractor, golf cart or wheel-
 chair, EXCEPT SUCH TERM SHALL INCLUDE A BATTERY USED  AS  THE  PRINCIPAL
 ELECTRIC  POWER  SOURCE FOR AN ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC
 ASSIST; for storage of electricity generated  by  an  alternative  power
 source,  such  as  solar or wind-driven generators; or for memory backup
 that is an integral component of an electronic device;
   § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, are amended to read as follows:
   a. Retailers having a place of business in the state shall accept from
 consumers  at  any  time  during  normal  business  hours   rechargeable
 batteries  of  a similar size and shape as the retailer offers for sale.
 Retailers shall take up to ten such batteries per day  from  any  person
 regardless  of  whether such person purchases replacement batteries, and
 retailers shall also  accept  as  many  such  batteries  as  a  consumer
 purchases  from  the  retailer.  Retailers  shall conspicuously post and
 maintain, at or near the point of entry to  the  place  of  business,  a
 legible  sign,  not less than eight and one-half inches by eleven inches
 in size, stating that used rechargeable batteries of the size and  shape
 sold  or  offered for sale by the retailer may not enter the solid waste
 stream, and that the retail establishment is a collection site for recy-
 cling such batteries. Such sign shall state the following in letters  at
 least  one  inch  in  height:  "It is illegal to dispose of rechargeable
 batteries in [the state of] New York STATE  as  solid  waste,  INCLUDING
 RECHARGEABLE BATTERIES EMBEDDED IN CONSUMER DEVICES SUCH AS TOYS, APPLI-
 ANCES  AND  PERSONAL CARE DEVICES. We accept used rechargeable batteries
 for return to the manufacturer."
   d. Retailers must be in compliance with the provisions of this  subdi-
 vision no later than one hundred eighty days after the effective date of
 this title OR, WITH RESPECT TO A PRODUCT THAT IS ADDED TO THE DEFINITION
 OF "RECHARGEABLE BATTERY" IN SUBDIVISION FOUR OF SECTION 27-1803 OF THIS
 TITLE, NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 THE  CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT AMENDED SUCH
 SUBDIVISION.
   § 6. Paragraphs a and b of subdivision 2 of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, are amended to read as follows:
   a. Within ninety days of the effective date of  this  title  OR,  WITH
 RESPECT  TO  A  PRODUCT THAT IS ADDED TO THE DEFINITION OF "RECHARGEABLE
 BATTERY" IN SUBDIVISION FOUR OF SECTION 27-1803 OF  THIS  TITLE,  WITHIN
 NINETY  DAYS  OF  THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-THREE THAT AMENDED SUCH SUBDIVISION, submittance to  the
 commissioner  of  a  plan  that  identifies the methods by which battery
 manufacturers will safely collect, transport, and  recycle  rechargeable
 batteries  collected by retailers at the expense of the battery manufac-
 turer and provide retailers with information on the  safe  handling  and
 storage of rechargeable batteries.
   b.  Submittance  to  the  department  of  annual  reports,  on  a form
 prescribed by the department,  concerning  the  amount  of  rechargeable
 S. 643--B                           3

 batteries  received within the state and recycled either by number or by
 weight; the costs of such efforts; and any other relevant information as
 required by the department.  SUCH REPORTS SHALL INCLUDE  THE  WEIGHT  OF
 RECHARGEABLE  BATTERIES  RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE.
   § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D.  PROVIDING  FOR THE SAFE COLLECTION AND DISPOSAL OF DAMAGED, DEFEC-
 TIVE, OR RECALLED BATTERIES COLLECTED BY  RETAILERS  AND  BY  GOVERNMENT
 AGENCIES.
   §  8. Section 27-1809 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. IN ADDITION TO ANY ENFORCEMENT OF THIS TITLE  BY  THE  COMMISSIONER
 PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, THE PROVISIONS  OF  SECTION  27-1805  AND
 SUBDIVISION  ONE  OF SECTION 27-1807 OF THIS TITLE MAY BE ENFORCED BY AN
 AGENCY OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY.  ANY NOTICE  OF
 VIOLATION  ISSUED  BY  AN  AGENCY  DESIGNATED  BY THE MAYOR OF SUCH CITY
 CHARGING A VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE  OF  SECTION
 27-1807  OF  THIS TITLE SHALL BE RETURNABLE TO THE OFFICE OF ADMINISTRA-
 TIVE TRIALS AND HEARINGS OF SUCH CITY.  SUCH  OFFICE  OF  ADMINISTRATIVE
 TRIALS  AND  HEARINGS SHALL HAVE THE POWER TO IMPOSE THE CIVIL PENALTIES
 SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION. ALL  CIVIL
 PENALTIES  COLLECTED  FOR  ANY  VIOLATION  OF  THIS TITLE THAT HAVE BEEN
 IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY
 SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   § 9. Section 27-1811 of the environmental conservation law,  as  added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery 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 there-
 to,  governing  rechargeable battery recycling shall, upon the effective
 date of section 27-1805 of this title, be preempted; provided,  however,
 that  nothing in this section shall preclude a person from coordinating,
 for recycling or reuse, the collection  of  rechargeable  batteries  AND
 PROVIDED,  FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE
 THE ENFORCEMENT OF THIS TITLE PURSUANT TO SUBDIVISION  FIVE  OF  SECTION
 27-1809 OF THIS TITLE.
   §  10. This act shall take effect immediately; provided, however, that
 the amendments to paragraph a of subdivision 1 of section 27-1807 of the
 environmental conservation law made by section five of  this  act  shall
 take effect one hundred eighty days after it shall have become a law.

Co-Sponsors

S643C (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Art Head, Title 18 Title Head, §§27-1801, 27-1803, 27-1807, 27-1809 & 27-1811, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7142
2019-2020: S2331
2021-2022: S2906

S643C (ACTIVE) - Summary

S643C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S643C

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
rechargeable battery recycling

 
PURPOSE:

To maximize the removal of unwanted rechargeable batteries from the
solid waste stream.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the heading of article 27 of the environ-
mental conservation law to read as: reduction, collection, reuse, recy-
cling, treatment and disposal of (refuse and other) solid waste and
extended producer responsibility.

Section two of the bill amends the title heading of title 18 of article
27 of the environmental conservation law.

Section three of the bill amends the short title of title 18 of article
27 of the environmental conservation law.

Section four of the bill amends subdivision 4 of section 27-1803 of the
environmental conservation law, as amended by chapter 562 of the laws of
2010, to include a battery used as the principal electric power source
for an electric scooter or bicycle with electric assist in the defi-
nition of rechargeable battery.

Section five of the bill amend paragraphs a and d of subdivision 1 of
section 27-1807 of the environmental conservation to specify retailer
responsibilities.

Section six of the bill amends paragraphs a and b of subdivision 2 of
section 27-1807 of the environmental conservation law to specify produc-
er responsibility and requires that reports of battery recycling activ-
ity submitted by retailers under current law include the weight of
rechargeable batteries received for recycling within the city with a
population of one million or more.

Section seven of the bill amends subdivision 2 of section 27-1807 of the
environmental conservation law to provide for the safe collection and
disposal of damaged, defective, or recalled batteries collected by
retailers and by government agencies.

Section eight of the bill amends section 27-1809 of the environmental
conservation law by adding new subdivision 5 which would permit enforce-
ment of section 27-1805 and subdivision one of section 27-1807 of the
environmental conservation law within a city with a population of one
million or more by an agency designated by the mayor of such city with
violations returnable to the office of administrative trials and hear-
ings of such city.

Section nine of the bill amends Section 27-1811 of the environmental
conservation law, as added by chapter 562 of the laws of 2010, to clari-

fy that the enforcement provisions in section 4 of the bill are not
preempted in this subdivision.

Section ten of the bill sets forth the effective date.

 
JUSTIFICATION:

While the utilization of rechargeable batteries can have positive
impacts on our environment by reducing the amount of unwanted batteries
in our solid waste stream, fully depleted rechargeable batteries that
are treated as traditional waste can deteriorate and leak, ultimately
leading to corrosion that releases toxic chemicals into our environment.
That is why it is in the public interest of New York State to further
maximize the safe collection and disposal of unwanted rechargeable
batteries from the solid waste stream by requiring retailers and
manufacturers of rechargeable batteries to take back and properly
dispose of unwanted rechargeable batteries.  The New York State law
regarding the recycling of rechargeable batteries, enacted in 2010,
A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring
rechargeable battery retailers and manufacturers to establish a compre-
hensive system for the collection, handling and proper disposal of
rechargeable batteries.

 
FISCAL IMPLICATIONS:

New York State is likely to save a significant but undetermined amount
due to reduced printing and mailing costs.

 
LEGISLATIVE HISTORY:

2022: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2021: S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION

2020: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2019: S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION

2018: S7142A - REFERRED TO ENVIRONMENTAL CONSERVATION

2017: A8577 - stricken

2016: A5851 - referred to environmental conservation

2015: A5851 - referred to environmental conservation

 
EFFECTIVE DATE:
This act shall take effect immediately.

S643C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--C
     Cal. No. 815
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 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  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   rechargeable battery recycling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  article  heading  of article 27 of the environmental
 conservation law is amended to read as follows:
                 REDUCTION, COLLECTION, REUSE, RECYCLING,
       TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND
                     EXTENDED PRODUCER RESPONSIBILITY

   § 2. The title heading of title 18 of article 27 of the  environmental
 conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
 amended to read as follows:
                   EXTENDED PRODUCER RESPONSIBILITY FOR
                RECHARGEABLE [BATTERY RECYCLING] BATTERIES
 
   § 3. Section 27-1801 of the environmental conservation law,  as  added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1801. Short title.
   This title shall be known as and may be cited as the "[New York State]
 EXTENDED  PRODUCER  RESPONSIBILITY  LAW  FOR  Rechargeable [Battery Law]
 BATTERIES".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-07-3

 S. 643--C                           2
 
   § 4. Subdivision 4 of section 27-1803 of the  environmental  conserva-
 tion  law,  as  added  by chapter 562 of the laws of 2010, is amended to
 read as follows:
   4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
 sealed lead, lithium ion, nickel metal hydride  battery,  or  any  other
 such  dry  cell  battery  capable  of being recharged weighing less than
 twenty-five pounds, or battery  packs  containing  such  batteries;  but
 shall  not include a battery used as the principal electric power source
 for a vehicle, such as, but not limited to, an automobile, boat,  truck,
 tractor,  golf  cart  or  wheelchair,  EXCEPT  SUCH TERM SHALL INCLUDE A
 BATTERY USED AS THE PRINCIPAL ELECTRIC  POWER  SOURCE  FOR  AN  ELECTRIC
 SCOOTER  OR  BICYCLE  WITH  ELECTRIC  ASSIST; for storage of electricity
 generated by an alternative power source, such as solar  or  wind-driven
 generators;  or  for  memory  backup that is an integral component of an
 electronic device;
   § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, are amended to read as follows:
   a. Retailers having a place of business in the state shall accept from
 consumers  at  any  time  during  normal  business  hours   rechargeable
 batteries  of  a similar size and shape as the retailer offers for sale.
 Retailers shall take up to ten such batteries per day  from  any  person
 regardless  of  whether such person purchases replacement batteries, and
 retailers shall also  accept  as  many  such  batteries  as  a  consumer
 purchases  from  the  retailer.  Retailers  shall conspicuously post and
 maintain, at or near the point of entry to  the  place  of  business,  a
 legible  sign,  not less than eight and one-half inches by eleven inches
 in size, stating that used rechargeable batteries of the size and  shape
 sold  or  offered for sale by the retailer may not enter the solid waste
 stream, and that the retail establishment is a collection site for recy-
 cling such batteries. Such sign shall state the following in letters  at
 least  one  inch  in  height:  "It is illegal to dispose of rechargeable
 batteries in [the state of] New York STATE as  solid  waste.  We  accept
 used rechargeable batteries for return to the manufacturer."
   d.  Retailers must be in compliance with the provisions of this subdi-
 vision no later than one hundred eighty days after the effective date of
 this title OR, WITH RESPECT TO A PRODUCT THAT IS ADDED TO THE DEFINITION
 OF "RECHARGEABLE BATTERY" IN SUBDIVISION FOUR OF SECTION 27-1803 OF THIS
 TITLE, NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT  AMENDED  SUCH
 SUBDIVISION.
   §  6.  Paragraphs  a  and b of subdivision 2 of section 27-1807 of the
 environmental conservation law, as added by chapter 562 of the  laws  of
 2010, are amended to read as follows:
   a.  Within  ninety  days  of the effective date of this title OR, WITH
 RESPECT TO A PRODUCT THAT IS ADDED TO THE  DEFINITION  OF  "RECHARGEABLE
 BATTERY"  IN  SUBDIVISION  FOUR OF SECTION 27-1803 OF THIS TITLE, WITHIN
 NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER  OF  THE  LAWS  OF  TWO
 THOUSAND  TWENTY-THREE THAT AMENDED SUCH SUBDIVISION, submittance to the
 commissioner of a plan that identifies  the  methods  by  which  battery
 manufacturers  will  safely collect, transport, and recycle rechargeable
 batteries collected by retailers at the expense of the battery  manufac-
 turer  and  provide  retailers with information on the safe handling and
 storage of rechargeable batteries.
   b. Submittance  to  the  department  of  annual  reports,  on  a  form
 prescribed  by  the  department,  concerning  the amount of rechargeable
 S. 643--C                           3
 
 batteries received within the state and recycled either by number or  by
 weight; the costs of such efforts; and any other relevant information as
 required  by  the department.   SUCH REPORTS SHALL INCLUDE THE WEIGHT OF
 RECHARGEABLE  BATTERIES  RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE.
   § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D.  PROVIDING  FOR THE SAFE COLLECTION AND DISPOSAL OF DAMAGED, DEFEC-
 TIVE, OR RECALLED BATTERIES COLLECTED BY  RETAILERS  AND  BY  GOVERNMENT
 AGENCIES.
   §  8. Section 27-1809 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IN A CITY WITH  A
 POPULATION OF ONE MILLION OR MORE, THE PROVISIONS OF SECTION 27-1805 AND
 SUBDIVISION  ONE OF SECTION 27-1807 OF THIS TITLE SHALL ONLY BE ENFORCED
 BY AN AGENCY OR AGENCIES DESIGNATED BY THE MAYOR  OF  SUCH  CITY.    ANY
 NOTICE  OF VIOLATION ISSUED BY AN AGENCY DESIGNATED BY THE MAYOR OF SUCH
 CITY CHARGING A VIOLATION OF SECTION  27-1805  AND  SUBDIVISION  ONE  OF
 SECTION  27-1807  OF  THIS  TITLE  SHALL  BE RETURNABLE TO THE OFFICE OF
 ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY. SUCH OFFICE OF ADMINIS-
 TRATIVE TRIALS AND HEARINGS SHALL HAVE THE POWER  TO  IMPOSE  THE  CIVIL
 PENALTIES  SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION.
 ALL CIVIL PENALTIES COLLECTED FOR ANY VIOLATION OF THIS TITLE THAT  HAVE
 BEEN IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH
 CITY SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   §  9.  Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery 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 there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 10. This act shall take effect immediately; provided, however,  that
 the amendments to paragraph a of subdivision 1 of section 27-1807 of the
 environmental  conservation  law  made by section five of this act shall
 take effect one hundred eighty days after it shall have become a law.

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senate Bill S643B

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S643C (ACTIVE) - Details

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senate Bill S643B

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Sponsored By

Brian Kavanagh

Current Bill Status - On Floor Calendar

Your Voice

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May 9, 2023 - Environmental Conservation committee Vote

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Bill Amendments

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S643 - Bill Text download pdf

S643A - Details

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Co-Sponsors

Brad Hoylman-Sigal

S643C (ACTIVE) - Details

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