Legislation

§ 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, function and weight 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, function and weight as the retailer
offers for sale; provided, however, that any acceptance of batteries
from electric scooters or bicycles with electric assist shall be
voluntary, and shall only be permissible at retailers which offer for
sale electric scooters or bicycles with electric assist or their
batteries. Retailers shall take up to ten such batteries, provided,
however, with respect to rechargeable batteries defined in subparagraph
(ii) of paragraph (a) of subdivision four of section 27-1803 of this
title, retailers shall take up to five 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, except for batteries from electric
scooters or bicycles with electric assist. Retailers, other than
retailers not participating as a collection site who sell electric
scooters or bicycles with electric assist or their batteries and no
other types of rechargeable batteries, 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, other than retailers not participating as a
collection site who sell electric scooters or bicycles with electric
assist or their batteries and no other types of rechargeable batteries,
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 shall not accept rechargeable batteries defined in
subparagraph (ii) of paragraph (a) of subdivision four of section
27-1803 of this title that are damaged, defective, or recalled.

e. 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. No retailer shall be in violation of the requirements of this
paragraph if, at the date the rechargeable battery was made available
for sale, the battery manufacturer of such battery was on the list of
manufacturers operating in accordance with an approved plan maintained
on the department's website.

f. 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
subparagraph (ii) of paragraph (a) of subdivision four of section
27-1803 of this title, and with respect to the requirements of paragraph
e 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; and all rechargeable
batteries from electric scooters or bicycles with electric assist, and
such batteries that are damaged, defective, or recalled, that are
collected at permitted household hazardous waste collection sites,
registered household hazardous waste collection events, appropriate
municipal sites, and other collection sites described in the approved
plan. Every battery manufacturer or any combination of battery
manufacturers working together, shall be responsible for, at a minimum,
the following:

a. (i) Within ninety days of the effective date of this title or, with
respect to rechargeable batteries defined in subparagraph (ii) of
paragraph (a) 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 and promptly
collect, transport, and recycle rechargeable batteries collected by
retailers, permitted household hazardous waste collection sites and
registered household hazardous waste collection events, appropriate
municipal sites, and other collection sites described in the plan, at
the expense of the battery manufacturer, including the procedures to
promptly and regularly remove batteries from these locations, and
provide retailers and collection sites with information on the safe
handling and storage of rechargeable batteries.

(ii) With respect to rechargeable batteries defined in subparagraph
(ii) of paragraph (a) of subdivision four of section 27-1803 of this
title, the plan shall:

(1) propose for the department's approval a geographic distribution of
collection sites to be established to maximize the opportunity for the
safe collection of rechargeable batteries and be sufficient to meet the
needs of consumers in an ongoing and convenient manner. Such proposal
may consider registered household hazardous waste collection events,
provided however, such events shall not alone be considered sufficient
to meet the needs of consumers in an ongoing and convenient manner;

(2) minimize the co-location of collection sites with residential
housing, to the extent feasible;

(3) be consistent with state and local fire prevention and building
code council standards;

(4) identify the criteria by which rechargeable batteries will be
determined to be damaged, defective, or recalled, and how such
information will be communicated to retailers and customers; and

(5) include provisions to ensure that employees of collection sites
who handle or have responsibility for managing such batteries are
informed about proper handling and emergency procedures.

a-1. The reimbursement to local governments of all costs incurred in
relation to the collection of rechargeable batteries from electric
scooters or bicycles with electric assist, including, but not limited
to, costs associated with safety training and storage.

a-2. The provision of appropriate containers and other equipment to
retailers and collection sites for the safe storage and handling of
rechargeable batteries.

b. Submittance to the department of annual reports, on a form
prescribed by the department, concerning: (i) 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
subparagraph (ii) of paragraph a 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; (ii) the location and address of all
collection sites and events and the amount of rechargeable batteries
collected at each site or event; (iii) the costs of the efforts
described in subparagraphs (i) and (ii) of this paragraph, including any
reimbursements to municipalities; and (iv) 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, which,
at a minimum, shall include:

(i) information regarding the location of retailers, collection sites,
and events, including hours of operation and rechargeable battery type
acceptance;

(ii) retailer collection site safety training and outreach, including
procedures for handling, storing, and transporting damaged or recalled
rechargeable batteries;

(iii) information for relevant municipalities regarding reimbursement;
and

(iv) promotional activities in support of program implementation,
including the maintenance of a website, distribution of educational
materials and guidance, and the use of relevant media platforms, and
other activities to maximize public awareness of collection sites.

d. Providing for the safe and prompt collection and recycling or
proper disposal of batteries from electric scooters or bicycles with
electric assist, collected by retailers of electric scooters, bicycles
with electric assist, or their batteries and accepted by permitted
household hazardous waste collection sites and registered household
hazardous waste collection events, appropriate municipal sites and other
collection sites described in the plan.

e. Providing for the safe and prompt collection, recycling, and
disposal of damaged, defective, and recalled rechargeable batteries
accepted by permitted household hazardous waste collection sites and
registered household hazardous waste collection events.

2-a. A battery manufacturer may not sell, offer for sale, or
distribute rechargeable batteries, excluding rechargeable batteries
defined in subparagraph (ii) of paragraph (a) of subdivision four of
section 27-1803 of this title, in the state unless the battery
manufacturer is implementing or participating under an approved plan in
accordance with this section. Provided however, beginning January first,
two thousand twenty-seven, a battery manufacturer of rechargeable
batteries defined in subparagraph (ii) of paragraph (a) of subdivision
four of section 27-1803 of this title may not sell, offer for sale, or
distribute such 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 and shall
make any approved plan public on the department's website.

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. Provided further, that the department shall, no later than
January first, two thousand thirty-one, make public a report examining
voluntary collection by retailers of rechargeable batteries from
electric scooters or bicycles with electric assist established pursuant
to paragraph a of subdivision one of this section. Such report, shall,
at a minimum:

(i) examine information, if available, provided to the department from
manufacturers in their annual reports, including any known or identified
barriers to the voluntary participation of retailers to serve as
collection sites, and any concerns submitted to the department;

(ii) identify retailers participating voluntarily and examine any
trends in the number and location of retailers participating
voluntarily;

(iii) evaluate the need for additional collection sites and if the
existing number and location of collection sites is sufficient to meet
the needs of consumers in an ongoing and convenient manner; and

(iv) recommend to the legislature any changes to such law, including
an assessment of whether it is safe and feasible to expand the
collection requirements of retailers of rechargeable batteries from
electric scooters or bicycles with electric assist.

5. The commissioner is authorized to promulgate any rules and
regulations needed to implement this title.

6. The department, when approving or rejecting any updates to a
battery manufacturer's collection, transportation, and recycling plans
described in paragraph a of subdivision two of this section relating to
the inclusion of batteries defined in subparagraph (ii) of paragraph (a)
of subdivision four of section 27-1803 of this title, shall solicit
input from the office of fire prevention and control in the division of
homeland security and emergency services, and with respect to the parts
of such plan directly related to the city of New York, the fire
department of the city of New York.