Legislation
SECTION 27-1807
Rechargeable battery recycling program
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 18
§ 27-1807. Rechargeable battery recycling program.
1. Rechargeable batteries shall be returned to a retailer that sells
such batteries that are similar in shape, size and function to those to
be disposed of. Rechargeable batteries contained in electronic products
must be removed prior to disposal of such product.
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 shape, size, and function 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
recycling 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 as solid waste. We accept used
rechargeable batteries for return to the manufacturer."
b. Retailers that sell rechargeable batteries to consumers in the
state through non-retail outlets such as through catalogs, or by mail,
telephone or the internet shall provide at the time of purchase or
delivery to the consumer notice of an opportunity to return used
rechargeable batteries at no cost to the consumer for reuse or
recycling.
c. Retailers in the state shall conspicuously maintain, at a location
within the retail establishment that is convenient for use by consumers,
collection boxes or other suitable receptacles, supplied by the
manufacturer, into which consumers may safely deposit used rechargeable
batteries.
d. Retailers may not sell or offer for sale to consumers in the state
rechargeable batteries unless the battery manufacturer is operating in
accordance with a collection, transportation, and recycling plan
approved by the commissioner. The commissioner shall maintain on the
department's website a list of manufacturers operating in accordance
with approved plans, and the brands covered by such manufacturer's
plans.
e. Retailers must be in compliance with the provisions of this
subdivision no later than one hundred eighty days after the effective
date of this title or, with respect to a rechargeable battery defined in
paragraph (ii) of subdivision four of section 27-1803 of this title, and
with respect to the requirements of paragraph d of this subdivision one
year after the effective date of the chapter of the laws of two thousand
twenty-five which amended this title, or when the commissioner has
approved a new or updated plan in compliance with such chapter,
whichever is later.
2. Every battery manufacturer, or any combination of battery
manufacturers working together, shall, at the battery manufacturer's own
expense, arrange for the return of, and recycling of, all used
rechargeable batteries collected by retailers. Every battery
manufacturer or any combination of battery manufacturers working
together, shall be responsible for, at a minimum, the following:
a. Within ninety days of the effective date of this title or, with
respect to rechargeable batteries defined in paragraph (ii) of
subdivision four of section 27-1803 of this title, within one hundred
eighty days of the effective date of the chapter of the laws of two
thousand twenty-five that amended such paragraph, submittance to the
commissioner of a new or updated 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 manufacturer 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
batteries received within the state and recycled either by number or by
weight, including the weight of rechargeable batteries defined in
paragraph (ii) of subdivision four of section 27-1803 of this title
received within the state as well as within a city with a population of
one million or more; the costs of such efforts; and any other relevant
information as required by the department.
c. Undertaking of efforts to educate the citizens of the state
regarding the appropriate ways to recycle rechargeable batteries.
d. Providing for the safe and prompt collection and disposal of
batteries from electric scooters or bicycles with electric assist
collected by retailers and by government agencies.
2-a. A battery manufacturer may not sell, offer for sale, or
distribute rechargeable batteries in the state unless the battery
manufacturer is implementing or participating under an approved plan in
accordance with this section.
3. The commissioner shall approve or reject any battery manufacturer's
collection, transportation, and recycling plans described in paragraph a
of subdivision two of this section within ninety days of submission and,
if rejected, inform the battery manufacturer in writing as to any
deficiencies in said plan. Battery manufacturers shall amend and
resubmit any rejected plans for reconsideration within sixty days of
notification of the rejection of said plan. The commissioner shall
approve or reject said plan within thirty days of resubmission.
4. The commissioner shall analyze the information provided by battery
manufacturers pursuant to paragraph b of subdivision two of this section
and report such analysis to the governor and the legislature every two
years.
5. The commissioner is authorized to promulgate any rules and
regulations needed to implement this title.
6. The department shall, after consultation with the office of fire
prevention and control in the division of homeland security and
emergency services and the fire department of the city of New York,
within one hundred eighty days of the effective date of the chapter of
the laws of two thousand twenty-five that added this subdivision,
promulgate rules and regulations to ensure the safe storage of
rechargeable batteries that minimizes the risk of fires. Such rules and
regulations shall also, at a minimum, require retailers to:
a. coordinate with a battery manufacturer, or any combination of
battery manufacturers working together, to regularly remove batteries
from the retail location; and
b. inform all employees who handle or have responsibility for managing
batteries about proper handling and emergency procedures, including fire
related hazards, appropriate to the type or types of battery handled by
the retailer.
1. Rechargeable batteries shall be returned to a retailer that sells
such batteries that are similar in shape, size and function to those to
be disposed of. Rechargeable batteries contained in electronic products
must be removed prior to disposal of such product.
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 shape, size, and function 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
recycling 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 as solid waste. We accept used
rechargeable batteries for return to the manufacturer."
b. Retailers that sell rechargeable batteries to consumers in the
state through non-retail outlets such as through catalogs, or by mail,
telephone or the internet shall provide at the time of purchase or
delivery to the consumer notice of an opportunity to return used
rechargeable batteries at no cost to the consumer for reuse or
recycling.
c. Retailers in the state shall conspicuously maintain, at a location
within the retail establishment that is convenient for use by consumers,
collection boxes or other suitable receptacles, supplied by the
manufacturer, into which consumers may safely deposit used rechargeable
batteries.
d. Retailers may not sell or offer for sale to consumers in the state
rechargeable batteries unless the battery manufacturer is operating in
accordance with a collection, transportation, and recycling plan
approved by the commissioner. The commissioner shall maintain on the
department's website a list of manufacturers operating in accordance
with approved plans, and the brands covered by such manufacturer's
plans.
e. Retailers must be in compliance with the provisions of this
subdivision no later than one hundred eighty days after the effective
date of this title or, with respect to a rechargeable battery defined in
paragraph (ii) of subdivision four of section 27-1803 of this title, and
with respect to the requirements of paragraph d of this subdivision one
year after the effective date of the chapter of the laws of two thousand
twenty-five which amended this title, or when the commissioner has
approved a new or updated plan in compliance with such chapter,
whichever is later.
2. Every battery manufacturer, or any combination of battery
manufacturers working together, shall, at the battery manufacturer's own
expense, arrange for the return of, and recycling of, all used
rechargeable batteries collected by retailers. Every battery
manufacturer or any combination of battery manufacturers working
together, shall be responsible for, at a minimum, the following:
a. Within ninety days of the effective date of this title or, with
respect to rechargeable batteries defined in paragraph (ii) of
subdivision four of section 27-1803 of this title, within one hundred
eighty days of the effective date of the chapter of the laws of two
thousand twenty-five that amended such paragraph, submittance to the
commissioner of a new or updated 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 manufacturer 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
batteries received within the state and recycled either by number or by
weight, including the weight of rechargeable batteries defined in
paragraph (ii) of subdivision four of section 27-1803 of this title
received within the state as well as within a city with a population of
one million or more; the costs of such efforts; and any other relevant
information as required by the department.
c. Undertaking of efforts to educate the citizens of the state
regarding the appropriate ways to recycle rechargeable batteries.
d. Providing for the safe and prompt collection and disposal of
batteries from electric scooters or bicycles with electric assist
collected by retailers and by government agencies.
2-a. A battery manufacturer may not sell, offer for sale, or
distribute rechargeable batteries in the state unless the battery
manufacturer is implementing or participating under an approved plan in
accordance with this section.
3. The commissioner shall approve or reject any battery manufacturer's
collection, transportation, and recycling plans described in paragraph a
of subdivision two of this section within ninety days of submission and,
if rejected, inform the battery manufacturer in writing as to any
deficiencies in said plan. Battery manufacturers shall amend and
resubmit any rejected plans for reconsideration within sixty days of
notification of the rejection of said plan. The commissioner shall
approve or reject said plan within thirty days of resubmission.
4. The commissioner shall analyze the information provided by battery
manufacturers pursuant to paragraph b of subdivision two of this section
and report such analysis to the governor and the legislature every two
years.
5. The commissioner is authorized to promulgate any rules and
regulations needed to implement this title.
6. The department shall, after consultation with the office of fire
prevention and control in the division of homeland security and
emergency services and the fire department of the city of New York,
within one hundred eighty days of the effective date of the chapter of
the laws of two thousand twenty-five that added this subdivision,
promulgate rules and regulations to ensure the safe storage of
rechargeable batteries that minimizes the risk of fires. Such rules and
regulations shall also, at a minimum, require retailers to:
a. coordinate with a battery manufacturer, or any combination of
battery manufacturers working together, to regularly remove batteries
from the retail location; and
b. inform all employees who handle or have responsibility for managing
batteries about proper handling and emergency procedures, including fire
related hazards, appropriate to the type or types of battery handled by
the retailer.