Assembly Bill A5406

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5406
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN  ACT to amend the general business law and the penal law, in relation
   to requiring manufacturers and dealers  of  liquid  nicotine  products
   accept  used  liquid  nicotine  products for recycling and creates the
   crime of improper disposal of a liquid nicotine product
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-x to read as follows:
   § 391-X. RETURN OF LIQUID NICOTINE PRODUCTS FOR RECYCLING.  1. FOR THE
 PURPOSES  OF THIS SECTION, THE TERM "LIQUID NICOTINE PRODUCT" SHALL MEAN
 A PRODUCT CONTAINING A LIQUID COMPOSED OF NICOTINE AND OTHER  CHEMICALS,
 AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED WITH AN ELECTRONIC CIGA-
 RETTE,  AS  DEFINED  BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED
 NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
   2. MANUFACTURERS OF LIQUID NICOTINE PRODUCTS SHALL ACCEPT  THE  RETURN
 OF  SUCH  PRODUCTS  FOR  RECYCLING  BY  LIQUID NICOTINE PRODUCT DEALERS.
 LIQUID NICOTINE PRODUCT DEALERS SHALL ACCEPT  THE  RETURN  OF  ANY  USED
 LIQUID NICOTINE PRODUCTS FOR RECYCLING.
   3. LIQUID NICOTINE PRODUCT MANUFACTURERS WHICH IMPORT FOR PROFIT, SELL
 OR  OFFER  LIQUID  NICOTINE  PRODUCTS  FOR  SALE  IN THIS STATE SHALL BE
 RESPONSIBLE FOR, AT A MINIMUM, THE FOLLOWING:
   A. SUBMITTANCE TO THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OF  A
 PLAN THAT IDENTIFIES THE METHODS BY WHICH SUCH MANUFACTURERS WILL SAFELY
 COLLECT  AND  RECYCLE  LIQUID  NICOTINE PRODUCTS AND THE LIQUID NICOTINE
 CONTAINED THEREIN.
   B. SUBMITTANCE TO THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  OF
 ANNUAL  REPORTS, ON A FORM PRESCRIBED BY SUCH DEPARTMENT, CONCERNING THE
 AMOUNT OF LIQUID NICOTINE PRODUCTS RECEIVED WITHIN THE STATE  AND  RECY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04545-01-5
 A. 5406                             2
              

 
 CLED  EITHER  BY NUMBER OR BY WEIGHT; THE COSTS OF SUCH EFFORTS; AND ANY
 OTHER RELEVANT INFORMATION AS REQUIRED BY SUCH DEPARTMENT.
   C. UNDERTAKING OF EFFORTS TO EDUCATE CONSUMERS REGARDING THE APPROPRI-
 ATE WAYS TO RECYCLE LIQUID NICOTINE PRODUCTS.
   4.  THE  COMMISSIONER  OF  ENVIRONMENTAL CONSERVATION SHALL APPROVE OR
 REJECT ANY LIQUID NICOTINE PRODUCT MANUFACTURER'S COLLECTION,  TRANSPOR-
 TATION,  AND  RECYCLING  PLANS  DESCRIBED  IN PARAGRAPH A OF SUBDIVISION
 THREE OF THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED,
 INFORM THE LIQUID NICOTINE PRODUCT MANUFACTURER IN  WRITING  AS  TO  ANY
 DEFICIENCIES  IN  SAID PLAN. LIQUID NICOTINE PRODUCT MANUFACTURERS SHALL
 AMEND AND RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION  WITHIN  SIXTY
 DAYS  OF  NOTIFICATION  OF THE REJECTION OF SAID PLAN. SUCH COMMISSIONER
 SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION.
   5. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY  COMPANY  OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A  CIVIL  PENALTY  OF  NOT  MORE  THAN  FIVE
 HUNDRED  DOLLARS  FOR  EACH  SEPARATE  VIOLATION, TO BE RECOVERED BY ANY
 ENFORCEMENT AUTHORITY DESIGNATED BY A MUNICIPALITY OR POLITICAL SUBDIVI-
 SION IN WHICH SUCH VIOLATION OCCURRED.
   § 2. The penal law is amended by adding a new section 145.75  to  read
 as follows:
 § 145.75 IMPROPER DISPOSAL OF A LIQUID NICOTINE PRODUCT.
   1.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "LIQUID NICOTINE PROD-
 UCT" SHALL MEAN A PRODUCT CONTAINING A LIQUID COMPOSED OF  NICOTINE  AND
 OTHER CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED WITH AN
 ELECTRONIC  CIGARETTE,  AS  DEFINED  BY  SUBDIVISION THIRTEEN OF SECTION
 THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
   2. A PERSON IS GUILTY OF IMPROPER DISPOSAL OF A LIQUID NICOTINE  PROD-
 UCT  WHEN  THEY  DISPOSE  OF A LIQUID NICOTINE PRODUCT IN A MANNER OTHER
 THAN BY RETURNING SUCH PRODUCT TO A LIQUID NICOTINE PRODUCT  DEALER  FOR
 RECYCLING.
   3.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
 BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS AND/OR  A  REQUIREMENT
 TO  PERFORM SERVICES FOR A PUBLIC OR NOT-FOR-PROFIT CORPORATION, ASSOCI-
 ATION, INSTITUTION OR AGENCY NOT TO  EXCEED  EIGHT  HOURS  AND  FOR  ANY
 SECOND  OR  SUBSEQUENT  VIOLATION  BY  A FINE NOT TO EXCEED FIVE HUNDRED
 DOLLARS AND/OR A REQUIREMENT TO PERFORM SERVICES FOR A  PUBLIC  OR  NOT-
 FOR-PROFIT CORPORATION, ASSOCIATION, INSTITUTION OR AGENCY NOT TO EXCEED
 EIGHT HOURS.
   §  3.  This  act  shall  take  effect  immediately; provided, however,
 section one of this act shall take effect on the one  hundred  eightieth
 day  after  it  shall  have become a law; and provided further, however,
 section two of this act shall take effect one year after it  shall  have
 become  a  law.    Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.