LBD01325-01-9
A. 1317 2
more toxic materials and high market saturation. The legislature also
finds that new alternatives must be sought for the management of elec-
tronic equipment.
S 2. Short title. This act shall be known and may be cited as the
"electronic equipment recycling act of 2009".
S 3. Article 27 of the environmental conservation law is amended by
adding a new title 29 to read as follows:
TITLE 29
ELECTRONIC EQUIPMENT RECYCLING
SECTION 27-2901. DEFINITIONS.
27-2903. SCOPE OF PRODUCTS.
27-2905. SALES PROHIBITION.
27-2907. LABELING REQUIREMENT.
27-2909. REGISTRATION AND REPORTING.
27-2911. MANUFACTURER RESPONSIBILITY.
27-2913. RETAILER RESPONSIBILITY.
27-2915. DEPARTMENT RESPONSIBILITY.
27-2917. FEES FOR THE COLLECTION OR RECYCLING OF COVERED ELEC-
TRONIC DEVICES.
27-2919. CONTRACTS FOR COLLECTION, TRANSPORTATION AND RECYCLING
OF COVERED ELECTRONIC DEVICES.
27-2921. ENVIRONMENTALLY SOUND MANAGEMENT REQUIREMENTS.
27-2923. DISPOSAL BAN.
27-2925. ENFORCEMENT.
27-2927. REGULATORY AUTHORITY.
27-2929. DISPOSITION OF FEES AND PENALTIES.
27-2931. SEVERABILITY.
S 27-2901. DEFINITIONS.
AS USED IN THIS TITLE:
1. "CATHODE RAY TUBE" OR "CRT" MEANS A VACUUM TUBE OR PICTURE TUBE
USED TO CONVERT AN ELECTRONIC SIGNAL INTO A VISUAL IMAGE.
2. "COMPUTER" MEANS AN ELECTRONIC, MAGNETIC, OPTICAL, ELECTROCHEMICAL
OR OTHER HIGH-SPEED DATA PROCESSING DEVICE PERFORMING A LOGICAL, ARITH-
METIC OR STORAGE FUNCTION, AND MAY INCLUDE BOTH A COMPUTER CENTRAL PROC-
ESSING UNIT AND A MONITOR; BUT SUCH TERM SHALL NOT INCLUDE AN AUTOMATED
TYPEWRITER OR TYPESETTER, A PORTABLE HAND-HELD CALCULATOR, A PORTABLE
DIGITAL ASSISTANT, OR OTHER SIMILAR DEVICE.
3. "CONSUMER" MEANS AN INDIVIDUAL WHO PURCHASES A COVERED ELECTRONIC
DEVICE IN A TRANSACTION THAT IS A SALE INCLUDING, BUT NOT LIMITED TO, A
BUSINESS, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, GOVERN-
MENT AGENCY OR NOT-FOR-PROFIT CORPORATION.
4. "COVERED ELECTRONIC DEVICE" (A) MEANS A DESKTOP/PERSONAL COMPUTER,
COMPUTER MONITOR, PORTABLE COMPUTER, CATHODE RAY TUBE BASED TELEVISION
OR A TELEVISION THAT IS NOT CATHODE RAY TUBE BASED; AND
(B) SHALL NOT INCLUDE:
(I) A COVERED ELECTRONIC DEVICE THAT IS A PART OF A MOTOR VEHICLE OR
ANY COMPONENT PART OF A MOTOR VEHICLE ASSEMBLED BY OR FOR A VEHICLE
MANUFACTURER OR FRANCHISED DEALER, INCLUDING REPLACEMENT PARTS FOR USE
IN A MOTOR VEHICLE;
(II) A COVERED ELECTRONIC DEVICE THAT IS FUNCTIONALLY OR PHYSICALLY A
PART OF A LARGER PIECE OF EQUIPMENT DESIGNED AND INTENDED FOR USE IN AN
INDUSTRIAL, COMMERCIAL OR MEDICAL SETTING, INCLUDING DIAGNOSTIC, MONI-
TORING OR CONTROL EQUIPMENT;
(III) A COVERED ELECTRONIC DEVICE THAT IS CONTAINED WITHIN A CLOTHES
WASHER, CLOTHES DRYER, REFRIGERATOR, REFRIGERATOR AND FREEZER, MICROWAVE
A. 1317 3
OVEN, CONVENTIONAL OVEN OR RANGE, DISHWASHER, ROOM AIR CONDITIONER,
DEHUMIDIFIER, OR AIR PURIFIER; OR
(IV) A TELEPHONE OF ANY TYPE, UNLESS IT CONTAINS A VIDEO DISPLAY AREA
GREATER THAN FOUR INCHES, MEASURED DIAGONALLY.
5. "COVERED ELECTRONIC RECYCLER" MEANS A RECYCLER DESIGNATED AND
APPROVED AS SUCH BY THE DEPARTMENT.
6. "MANUFACTURER" MEANS ANY PERSON WHO, IRRESPECTIVE OF THE SELLING
TECHNIQUE USED, INCLUDING BY MEANS OF REMOTE SALE:
(A) MANUFACTURES COVERED ELECTRONIC DEVICES UNDER ITS OWN BRAND FOR
SALE IN THIS STATE;
(B) MANUFACTURES COVERED ELECTRONIC DEVICES FOR SALE IN THIS STATE
WITHOUT AFFIXING A BRAND;
(C) RESELLS IN THIS STATE COVERED ELECTRONIC DEVICES PRODUCED BY OTHER
SUPPLIERS UNDER ITS OWN BRAND OR LABEL;
(D) IMPORTS OR EXPORTS COVERED ELECTRONIC DEVICES INTO THE UNITED
STATES. HOWEVER, IF A COMPANY FROM WHOM AN IMPORTER PURCHASES THE
MERCHANDISE HAS A PRESENCE IN THE UNITED STATES AND/OR ASSETS, THAT
COMPANY SHALL BE DEEMED TO BE THE MANUFACTURER; OR
(E) MANUFACTURES COVERED ELECTRONIC DEVICES, SUPPLIES THEM TO ANY
PERSON OR PERSONS WITHIN A DISTRIBUTION NETWORK THAT INCLUDES WHOLE-
SALERS OR RETAILERS IN THIS STATE, AND BENEFITS FROM THE SALE IN THIS
STATE OF THOSE COVERED ELECTRONIC DEVICES THROUGH THAT DISTRIBUTION
NETWORK.
7. "MANUFACTURER'S BRANDS" MEANS A MANUFACTURER'S NAME, BRAND NAME OR
BRAND LABEL, AND ALL MANUFACTURER'S NAMES, BRAND NAMES AND BRAND LABELS
FOR WHICH THE MANUFACTURER HAS LEGAL RESPONSIBILITY, INCLUDING THOSE
NAMES, BRAND NAMES, AND BRAND LABELS OF COMPANIES THAT HAVE BEEN
ACQUIRED BY THE MANUFACTURER.
8. "MONITOR" MEANS A SEPARATE VISUAL DISPLAY COMPONENT OF A COMPUTER,
WHETHER SOLD SEPARATELY OR TOGETHER WITH A COMPUTER CENTRAL PROCESSING
UNIT/COMPUTER BOX, AND INCLUDES A CATHODE RAY TUBE, LIQUID CRYSTAL
DISPLAY, GAS PLASMA, DIGITAL LIGHT PROCESSING OR OTHER IMAGE PROJECTION
TECHNOLOGY, GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY, AND ITS
CASE, INTERIOR WIRES AND CIRCUITRY, CABLE TO THE CENTRAL PROCESSING
UNIT, AND POWER CORD.
9. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, LIMIT-
ED LIABILITY COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION, ASSOCI-
ATION, GOVERNMENTAL ENTITY, PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHOR-
ITY.
10. "PORTABLE COMPUTER" MEANS A COMPUTER AND VIDEO DISPLAY GREATER
THAN FOUR INCHES IN SIZE THAT CAN BE CARRIED AS ONE UNIT BY AN INDIVID-
UAL.
11. "PURCHASE" MEANS THE TAKING, BY SALE, OF TITLE IN EXCHANGE FOR
CONSIDERATION.
12. "RECYCLING" MEANS ANY PROCESS BY WHICH COVERED ELECTRONIC DEVICES
THAT WOULD OTHERWISE BECOME SOLID WASTE OR HAZARDOUS WASTE ARE
COLLECTED, SEPARATED AND PROCESSED TO BE RETURNED TO USE IN THE FORM OF
RAW MATERIALS OR PRODUCTS, IN ACCORDANCE WITH ENVIRONMENTAL STANDARDS
ESTABLISHED BY THE DEPARTMENT.
13. "REGISTRANT" MEANS A MANUFACTURER OF COVERED ELECTRONIC DEVICES
THAT IS IN FULL COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.
14. "RETAIL SALES" MEANS SALES OF PRODUCTS THROUGH SALES OUTLETS, VIA
THE INTERNET, MAIL ORDER OR ANY OTHER MEANS, WHETHER OR NOT THE SELLER
HAS A PHYSICAL PRESENCE IN THIS STATE.
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15. "RETAILER" MEANS A PERSON WHO OWNS OR OPERATES A BUSINESS THAT
SELLS NEW COVERED ELECTRONIC DEVICES IN THIS STATE BY ANY MEANS TO A
CONSUMER.
16. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE
INCLUDING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH SALES
OUTLETS, CATALOGS OR THE INTERNET, OR ANY OTHER, SIMILAR ELECTRONIC
MEANS, AND EXCLUDING LEASES.
17. "STATE RECYCLING RATE" MEANS THE RATIO OF THE TOTAL WEIGHT OF
OVERALL RETURNS OF COVERED ELECTRONIC DEVICES IN THE STATE DURING THE
PREVIOUS CALENDAR YEAR TO THE TOTAL WEIGHT OF OVERALL SALES OF COVERED
ELECTRONIC DEVICES IN THE STATE DURING THE PREVIOUS CALENDAR YEAR.
18. "TELEVISION" MEANS A STAND-ALONE DISPLAY SYSTEM CONTAINING A CATH-
ODE RAY TUBE OR ANY OTHER TYPE OF DISPLAY PRIMARILY INTENDED TO RECEIVE
VIDEO PROGRAMMING VIA BROADCAST, HAVING A VIEWABLE AREA GREATER THAN
FOUR INCHES WHEN MEASURED DIAGONALLY, ABLE TO ADHERE TO STANDARD CONSUM-
ER VIDEO FORMATS SUCH AS PAL, SECAM, NTSC OR HDTV AND HAVING THE CAPA-
BILITY OF SELECTING DIFFERENT BROADCAST CHANNELS AND SUPPORT SOUND CAPA-
BILITY.
S 27-2903. SCOPE OF PRODUCTS.
1. THE PROVISIONS OF THIS TITLE SHALL APPLY TO ALL COVERED ELECTRONIC
DEVICES.
2. THE COMMISSIONER MAY DESIGNATE ADDITIONAL COVERED ELECTRONIC
DEVICES WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS TITLE, BASED
UPON SUFFICIENT EVIDENCE OF THE NEED TO REGULATE THE COLLECTION, TRANS-
PORTATION AND RECYCLING OF SUCH DEVICES.
S 27-2905. SALES PROHIBITION.
1. ANY MANUFACTURER WHO IS NOT IN FULL COMPLIANCE WITH THE PROVISIONS
OF THIS TITLE SHALL BE PROHIBITED FROM OFFERING A COVERED ELECTRONIC
DEVICE FOR SALE IN THIS STATE.
2. NO PERSON SHALL OFFER FOR SALE ANY NEW COVERED ELECTRONIC DEVICE
FROM A MANUFACTURER THAT IS NOT IN FULL COMPLIANCE WITH THE PROVISIONS
OF THIS TITLE. THE DEPARTMENT SHALL MAINTAIN AND DISSEMINATE A LIST OF
ALL MANUFACTURERS WHICH ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS
TITLE. SUCH LIST SHALL BE POSTED ON THE DEPARTMENT INTERNET WEBSITE AND
SHALL BE UPDATED ON A MONTHLY BASIS. EVERY PERSON WHO SELLS OR BRINGS
INTO THIS STATE FOR SALE ANY COVERED ELECTRONIC PRODUCT, SHALL REVIEW
SUCH LIST PRIOR TO SUCH SALE. A PERSON SHALL BE DEEMED TO HAVE COMPLIED
WITH SUCH RESPONSIBILITY IF, ON THE DATE A COVERED ELECTRONIC DEVICE IS
ORDERED FROM A MANUFACTURER OR ITS AGENT, THE MANUFACTURER WAS INCLUDED
ON THE LIST MAINTAINED BY THE DEPARTMENT ON ITS WEBSITE.
S 27-2907. LABELING REQUIREMENT.
NO MANUFACTURER OR RETAILER SHALL SELL OR OFFER FOR SALE ANY COVERED
ELECTRONIC DEVICE TO ANY CONSUMER UNLESS THE COVERED ELECTRONIC DEVICE
IS LABELED WITH THE MANUFACTURER'S BRAND, AND SUCH LABEL IS PERMANENTLY
AFFIXED AND READILY VISIBLE.
S 27-2909. REGISTRATION AND REPORTING.
1. MANUFACTURERS OF COVERED ELECTRONIC DEVICES SHALL ANNUALLY REPORT
TO THE DEPARTMENT, ON OR BEFORE JANUARY THIRTIETH, THE TOTAL WEIGHT OF
PRODUCTS SOLD IN THE STATE THE PREVIOUS CALENDAR YEAR. IN LIEU OF
PROVIDING THE TOTAL WEIGHT OF PRODUCTS SOLD IN THE STATE THE PREVIOUS
CALENDAR YEAR, A MANUFACTURER MAY REQUEST THAT THE DEPARTMENT CALCULATE
THE TOTAL WEIGHT OF PRODUCTS SOLD IN THE STATE BY USING PRORATED
NATIONAL SALES DATA BASED ON STATE POPULATION.
2. EACH MANUFACTURER OF COVERED ELECTRONIC DEVICES SHALL REGISTER
ANNUALLY WITH THE DEPARTMENT AND PAY A REGISTRATION FEE OF FIVE THOUSAND
DOLLARS.
A. 1317 5
S 27-2911. MANUFACTURER RESPONSIBILITY.
1. MANUFACTURERS OF COVERED ELECTRONIC DEVICES SHALL SUBMIT AN ADDI-
TIONAL FEE BASED ON SALES IN THE STATE TO THE DEPARTMENT. THE FEE SHALL
BE THE STATE RECYCLING RATE MULTIPLIED BY THE WEIGHT OF SALES OF THE
MANUFACTURER'S COVERED ELECTRONIC DEVICES IN THE STATE DURING THE PREVI-
OUS CALENDAR YEAR, MULTIPLIED BY NO MORE THAN FIFTY CENTS PER POUND.
2. IN LIEU OF PAYMENT OF THE FEE SET FORTH IN SUBDIVISION ONE OF THIS
SECTION, A MANUFACTURER OR A GROUP OF MANUFACTURERS MAY SUBMIT A PLAN TO
COLLECT, TRANSPORT AND RECYCLE COVERED ELECTRONIC DEVICES, PROVIDED THAT
THE PLAN REPRESENTS AT LEAST FIVE PERCENT OF TOTAL COVERED ELECTRONIC
DEVICES EXPECTED TO BE COLLECTED ANNUALLY IN THE STATE.
3. AN INDIVIDUAL MANUFACTURER SUBMITTING A PLAN MUST COLLECT, TRANS-
PORT AND RECYCLE A QUANTITY OF COVERED ELECTRONIC DEVICES EQUAL TO THE
WEIGHT OF SALES OF THE MANUFACTURER'S COVERED ELECTRONIC DEVICES IN THE
STATE DURING THE PREVIOUS CALENDAR YEAR MULTIPLIED BY THE STATE RECYCL-
ING RATE.
4. A GROUP OF MANUFACTURERS JOINTLY SUBMITTING A PLAN SHALL COLLECT,
TRANSPORT AND RECYCLE THE SUM OF THE OBLIGATIONS OF EACH PARTICIPATING
MANUFACTURER.
5. EACH PLAN REQUIRED BY THIS SECTION SHALL BE FILED WITH A MANUFAC-
TURER'S ANNUAL REGISTRATION, AND SHALL INCLUDE AT A MINIMUM:
(A) METHODS THAT WILL BE USED TO COLLECT THE COVERED ELECTRONIC
DEVICES INCLUDING THE NAME AND LOCATIONS OF ALL COLLECTION AND CONSOL-
IDATION POINTS;
(B) AN ESTIMATE OF THE AMOUNT OF COVERED ELECTRONIC DEVICES THAT WILL
BE COLLECTED ANNUALLY;
(C) THE PROCESSES AND METHODS THAT WILL BE USED TO RECYCLE RECOVERED
COVERED ELECTRONIC DEVICES INCLUDING A DESCRIPTION OF THE DISASSEMBLY,
PHYSICAL RECOVERY OPERATION (E.G., CRUSHING, SHREDDING, GRINDING, GLASS
TO GLASS RECYCLING) AND/OR OTHER OPERATIONS THAT WILL BE USED, INCLUDING
THE NAME AND LOCATION OF ALL FACILITIES TO BE UTILIZED;
(D) DOCUMENTATION OF AUDITS OF EACH PROCESSOR USED IN THE PLAN AND
COMPLIANCE WITH PROCESSING RULES ESTABLISHED PURSUANT TO SECTION 27-2927
OF THIS TITLE;
(E) A DESCRIPTION OF THE ACCOUNTING AND REPORTING SYSTEMS THAT WILL BE
EMPLOYED TO TRACK PROGRESS TOWARD FULFILLING THE PLAN'S OBLIGATIONS;
(F) MEANS THAT WILL BE UTILIZED TO PUBLICIZE THE COLLECTION OPPORTU-
NITIES;
(G) THE INTENTION OF THE REGISTRANT TO FULFILL ITS OBLIGATIONS THROUGH
OPERATION OF ITS OWN PROGRAM, EITHER INDIVIDUALLY OR IN PARTNERSHIP WITH
OTHER MANUFACTURERS; AND
(H) THE AMOUNT OF COVERED ELECTRONIC DEVICES COLLECTED, TRANSPORTED
AND RECYCLED THE PREVIOUS CALENDAR YEAR.
6. UPON APPROVAL OF A PLAN BY THE DEPARTMENT, THE MANUFACTURER'S
PAYMENT OF ANNUAL FEES BASED UPON SALES SHALL BE WAIVED. THE DEPARTMENT
MAY REJECT A PLAN, IN PART OR WHOLE, AND IMPOSE ADDITIONAL REQUIREMENTS
AS A CONDITION OF APPROVAL.
7. IF A MANUFACTURER FAILS TO COMPLY WITH ALL THE TERMS AND CONDITIONS
OF ITS APPROVED PLAN, IT SHALL BE REQUIRED TO SUBMIT TO THE DEPARTMENT A
PAYMENT TO COVER THE COST OF COLLECTING, TRANSPORTING AND RECYCLING THE
UNMET PORTION OF ITS OBLIGATION. SUCH PAYMENT SHALL BE EQUAL TO THE
QUANTITY OF THE OUTSTANDING PORTION, IN POUNDS, MULTIPLIED BY NOT MORE
THAN FIFTY CENTS.
8. MANUFACTURERS THAT COLLECT, TRANSPORT AND RECYCLE IN EXCESS OF
THEIR OBLIGATION UNDER THEIR APPROVED PLAN MAY SELL CREDITS TO ANOTHER
A. 1317 6
REGISTRANT OR APPLY SUCH EXCESS TO THE FOLLOWING CALENDAR YEAR'S RECYCL-
ING OBLIGATION.
S 27-2913. RETAILER RESPONSIBILITY.
A RETAILER SHALL CLEARLY POST AND PROVIDE INFORMATION PROVIDED BY THE
DEPARTMENT THAT DESCRIBES WHERE AND HOW TO RECYCLE COVERED ELECTRONIC
DEVICES AND OPPORTUNITIES AND LOCATIONS FOR THE COLLECTION OR RETURN OF
SUCH DEVICES, THROUGH THE USE OF A TOLL-FREE TELEPHONE NUMBER AND WEB
SITE, INFORMATION INCLUDED IN THE PACKAGING OR INFORMATION PROVIDED
ACCOMPANYING THE SALE OF THE COVERED ELECTRONIC DEVICES. THIS INFORMA-
TION SHALL BE PROVIDED IN CLEAR WRITTEN FORM IN ENGLISH AND ANY OTHER
LANGUAGES DEEMED TO BE PRIMARY LANGUAGES BY THE DEPARTMENT OF EDUCATION.
S 27-2915. DEPARTMENT RESPONSIBILITY.
1. ANNUALLY, ON OR BEFORE FEBRUARY FIFTEENTH, THE DEPARTMENT SHALL
ESTABLISH THE STATE RECYCLING RATE, BY CALCULATING THE RATIO OF TOTAL
WEIGHT OF OVERALL RETURNS OF COVERED ELECTRONIC DEVICES IN THE STATE
DURING THE PREVIOUS CALENDAR YEAR TO TOTAL WEIGHT OF OVERALL SALES OF
COVERED ELECTRONIC DEVICES IN THE STATE DURING THE PREVIOUS CALENDAR
YEAR.
2. ANNUALLY, ON OR BEFORE MARCH FIRST, THE DEPARTMENT SHALL PROVIDE
EACH REGISTRANT WITH ITS RESPONSIBILITY IN POUNDS FOR THAT YEAR.
3. THE DEPARTMENT SHALL RECEIVE ALL FEES IMPOSED PURSUANT TO THIS
TITLE.
4. THE DEPARTMENT SHALL ORGANIZE, ADMINISTER AND ENSURE THAT NOT LESS
THAN ONE ELECTRONIC DEVICE COLLECTION OPPORTUNITY IS AVAILABLE AT LEAST
FIVE DAYS A WEEK IN EACH COUNTY IN THE STATE, AND IN SUCH MANNER AS TO
BE CONVENIENT, TO THE MAXIMUM EXTENT FEASIBLE, TO ALL CONSUMERS IN THE
COUNTY.
5. THE DEPARTMENT SHALL ENSURE THAT COLLECTION SITES DO NOT PLACE
LIMITS ON THE NUMBER OF COVERED ELECTRONIC DEVICES PERMITTED FOR
DROP-OFF BY CONSUMERS.
6. THE DEPARTMENT SHALL ENCOURAGE THE USE OF EXISTING COLLECTION AND
CONSOLIDATION INFRASTRUCTURES FOR HANDLING COVERED ELECTRONIC DEVICES TO
THE EXTENT THAT SUCH INFRASTRUCTURE IS ACCESSIBLE ON A REGULAR AND ONGO-
ING BASIS, IS COST EFFECTIVE AND COMPLIES WITH THE ENVIRONMENTALLY SOUND
MANAGEMENT RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS TITLE.
7. THE DEPARTMENT SHALL ORGANIZE, CONDUCT AND COORDINATE PUBLIC
OUTREACH.
8. THE DEPARTMENT SHALL USE ALL MONEYS APPROPRIATED FROM THE ELECTRON-
IC EQUIPMENT RECYCLING ACCOUNT FOR THE SOLE PURPOSE OF IMPLEMENTING THE
PROVISIONS OF THIS TITLE.
9. THE DEPARTMENT SHALL ESTABLISH A PLAN THAT ESTABLISHES THE PER
CAPITA COLLECTION AND RECYCLING GOALS FOR EACH SERVICE AREA OF THE
STATE, AND IDENTIFIES ANY NECESSARY STATE ACTION TO EXPAND COLLECTION
OPPORTUNITIES TO ACHIEVE THE PER CAPITA COLLECTION AND RECYCLING GOALS.
THE PLAN SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE. SUCH PLAN
SHALL INCLUDE:
(A) A LIST OF ALL PARTIES WHOM THE DEPARTMENT HAS DESIGNATED AS
APPROVED TO RECEIVE PAYMENTS, THE AMOUNT OF PAYMENTS IT HAS MADE TO
THOSE PARTIES, AND THE PURPOSE OF THOSE PAYMENTS;
(B) THE TOTAL AMOUNT OF COVERED ELECTRONIC DEVICES COLLECTED IN THE
STATE THE PREVIOUS CALENDAR YEAR;
(C) PROGRESS TOWARD ACHIEVING THE OVERALL ANNUAL TOTAL RECOVERY AND
RECYCLING GOALS DESCRIBED IN THE PLAN;
(D) A COMPLETE LISTING OF ALL COLLECTION SITES OPERATING IN THE STATE
IN THE PRIOR CALENDAR YEAR, THE PARTIES WHO OPERATED THEM, AND THE
AMOUNT OF MATERIAL BY WEIGHT COLLECTED AT EACH SITE;
A. 1317 7
(E) AN EVALUATION OF THE EFFECTIVENESS OF THE EDUCATION AND OUTREACH
PROGRAM; AND
(F) AN EVALUATION OF THE EXISTING COLLECTION AND PROCESSING INFRAS-
TRUCTURE IN EACH COUNTY.
10. THE DEPARTMENT SHALL MAINTAIN AND UPDATE AN INTERNET WEBSITE AND A
TOLL-FREE TELEPHONE NUMBER WITH A CURRENT LISTING OF WHERE CONSUMERS CAN
BRING COVERED ELECTRONIC DEVICES FOR RECYCLING.
S 27-2917. FEES FOR THE COLLECTION OR RECYCLING OF COVERED ELECTRONIC
DEVICES.
NO FEE OR CHARGE SHALL BE IMPOSED UPON ANY CONSUMER FOR THE
COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED ELECTRONIC DEVICES BY
ANY PERSON OR ENTITY PARTICIPATING IN OR BEING COMPENSATED BY THE STATE-
WIDE PROGRAM OPERATED AND FUNDED BY THE DEPARTMENT OR BY A REGISTRANT
FOR RECYCLING OR TAKE-BACK OR FOR ANY OTHER PURPOSE RELATED TO THE
COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED ELECTRONIC DEVICES.
S 27-2919. CONTRACTS FOR COLLECTION, TRANSPORTATION AND RECYCLING OF
COVERED ELECTRONIC DEVICES.
THE COMMISSIONER MAY ENTER INTO CONTRACTS WITH MUNICIPALITIES,
NOT-FOR-PROFIT CORPORATIONS, AND FOR-PROFIT ORGANIZATIONS AND COMPANIES
FOR THE COLLECTION, TRANSPORTATION AND RECYCLING OF COVERED ELECTRONIC
DEVICES. CONTRACTS SHALL INCLUDE PROVISIONS TO ENSURE THE FOLLOWING:
1. THE COVERED ELECTRONIC DEVICES ARE COLLECTED FROM A CONSUMER
LOCATED IN THE STATE;
2. THE COLLECTION, TRANSPORTATION AND RECYCLING OF THE COVERED ELEC-
TRONIC DEVICES ARE CONDUCTED IN ACCORDANCE WITH ALL LOCAL, STATE AND
FEDERAL LAWS;
3. NO FEES OR COSTS ARE CHARGED TO THE CONSUMER; AND
4. RECORDKEEPING TO ACCOUNT FOR ALL COVERED ELECTRONIC DEVICES
ACCEPTED AND THE DISPOSITION OF SUCH DEVICES.
S 27-2921. ENVIRONMENTALLY SOUND MANAGEMENT REQUIREMENTS.
1. ALL COVERED ELECTRONIC DEVICES COLLECTED PURSUANT TO THIS TITLE
SHALL BE RECYCLED IN A MANNER THAT IS IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS.
2. THE DEPARTMENT SHALL ESTABLISH ENVIRONMENTALLY SOUND MANAGEMENT
REQUIREMENTS FOR COLLECTORS, TRANSPORTERS AND RECYCLERS WHO ARE ELIGIBLE
TO RECEIVE FUNDS FROM THE DEPARTMENT. ALL SUCH ENTITIES SHALL, AT A
MINIMUM, DEMONSTRATE COMPLIANCE WITH THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY'S GUIDE ON ENVIRONMENTALLY SOUND MANAGEMENT OF ELEC-
TRONIC DEVICES, IN ADDITION TO ANY OTHER PROVISION OF STATE AND FEDERAL
LAW.
3. THE DEPARTMENT SHALL MAINTAIN A WEBSITE WHICH SHALL INCLUDE A LIST
OF ALL ENTITIES THAT ARE IN COMPLIANCE WITH THE REQUIREMENTS ESTABLISHED
PURSUANT TO THIS SECTION.
S 27-2923. DISPOSAL BAN.
NO PERSON SHALL PLACE OR DISPOSE OF ANY COVERED ELECTRONIC DEVICE OR
ANY COMPONENT THEREOF IN ANY SOLID WASTE DISPOSAL FACILITY.
S 27-2925. ENFORCEMENT.
1. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS TITLE PURSUANT
TO THE PROVISIONS OF THIS CHAPTER.
2. THE VIOLATIONS OF THIS TITLE SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE SALE OF ANY COVERED ELECTRONIC DEVICE WHICH DOES NOT COMPLY
WITH THE PROVISIONS OF THIS TITLE;
(B) APPLICATION FOR COMPENSATION FOR THE RECYCLING OF ANY COVERED
ELECTRONIC DEVICE NOT COLLECTED WITHIN THE STATE;
(C) USE OF A QUALIFIED COLLECTION PROGRAM TO RECYCLE ANY COVERED ELEC-
TRONIC DEVICE NOT DISCARDED WITHIN THE STATE; AND
A. 1317 8
(D) THE KNOWING FAILURE TO REPORT OR ACCURATELY REPORT ANY DATA
REQUIRED TO BE REPORTED TO THE DEPARTMENT BY THIS TITLE.
S 27-2927. REGULATORY AUTHORITY.
THE DEPARTMENT MAY ADOPT SUCH RULES AND REGULATIONS AS SHALL BE NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2929. DISPOSITION OF FEES AND PENALTIES.
ALL FEES AND PENALTIES COLLECTED PURSUANT TO THE PROVISIONS OF THIS
TITLE SHALL BE PAID TO THE COMPTROLLER FOR DEPOSIT TO THE CREDIT OF THE
ELECTRONIC EQUIPMENT RECYCLING ACCOUNT OF THE ENVIRONMENTAL PROTECTION
FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
LAW.
S 27-2931. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND IF ANY PARAGRAPH,
SUBDIVISION, SECTION OR PART OF THIS TITLE IS DECLARED TO BE VOID OR
INVALID BY A COURT OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS
SHALL NOT BE AFFECTED, BUT SHALL REMAIN IN FULL FORCE AND EFFECT.
S 4. Subdivision 2 of section 92-s of the state finance law, as added
by chapter 610 of the laws of 1993, is amended to read as follows:
2. a. The comptroller shall establish the following separate and
distinct accounts within the environmental protection fund:
(i) solid waste account;
(ii) parks, recreation and historic preservation account;
(iii) open space account; [and]
(iv) environmental protection transfer account[.]; AND
(V) ELECTRONIC EQUIPMENT RECYCLING ACCOUNT.
b. All monies received by the comptroller for deposit in the environ-
mental protection fund, EXCEPT THOSE MONIES COLLECTED FROM FEES AND
PENALTIES IMPOSED PURSUANT TO TITLE TWENTY-NINE OF ARTICLE TWENTY-SEVEN
OF THE ENVIRONMENTAL CONSERVATION LAW, shall be deposited first to the
credit of the environmental protection transfer account. ALL MONIES
RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE ENVIRONMENTAL PROTECTION
FUND FROM FEES AND PENALTIES COLLECTED PURSUANT TO TITLE TWENTY-NINE OF
ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW SHALL BE
DEPOSITED TO THE CREDIT OF THE ELECTRONIC EQUIPMENT RECYCLING ACCOUNT.
No monies shall be expended from any such account for any project except
pursuant to appropriation by the legislature.
S 5. Subdivision 3 of section 92-s of the state finance law, as
amended by chapter 145 of the laws of 2004, is amended to read as
follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, THE
AMOUNT OF FEES AND PENALTIES RECEIVED PURSUANT TO TITLE TWENTY-NINE OF
ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, the amount
of fees and penalties received from easements or leases pursuant to
subdivision fourteen of section seventy-five of the public lands law and
the money received as annual service charges pursuant to section four
hundred four-l of the vehicle and traffic law, all moneys required to be
deposited therein from the contingency reserve fund pursuant to section
two hundred ninety-four of chapter fifty-seven of the laws of nineteen
hundred ninety-three, all moneys required to be deposited pursuant to
section thirteen of chapter six hundred ten of the laws of nineteen
hundred ninety-three, repayments of loans made pursuant to section
54-0511 of the environmental conservation law, all moneys to be deposit-
ed from the Northville settlement pursuant to section one hundred twen-
ty-four of chapter three hundred nine of the laws of nineteen hundred
A. 1317 9
ninety-six, provided however, that such moneys shall only be used for
the cost of the purchase of private lands in the core area of the
central Suffolk pine barrens pursuant to a consent order with the North-
ville industries signed on October thirteenth, nineteen hundred ninety-
four and the related resource restoration and replacement plan, the
amount of penalties required to be deposited therein by section 71-2724
of the environmental conservation law, and all other moneys credited or
transferred thereto from any other fund or source pursuant to law. All
such revenue shall be initially deposited into the environmental
protection fund, for application as provided in subdivision [five] SIX
of this section.
S 6. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
(F) MONEYS FROM THE ELECTRONIC EQUIPMENT RECYCLING ACCOUNT SHALL BE
MADE AVAILABLE, PURSUANT TO APPROPRIATION, TO THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION TO BE USED SOLELY FOR THE PURPOSES OF IMPLEMENTING
AND ENFORCING THE PROVISIONS OF TITLE TWENTY-NINE OF ARTICLE TWENTY-SEV-
EN OF THE ENVIRONMENTAL CONSERVATION LAW.
S 7. This act shall take effect one year after it shall have become a
law, except that:
(a) section 27-2923 of the environmental conservation law, as added by
section three of this act, shall take effect two years after the effec-
tive date of this act; and
(b) the department of environmental conservation is immediately
authorized to develop any rules and regulations necessary to implement
the provisions of this act.