S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2512

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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  the
  recycling, reuse and safe handling of electronic equipment sold in the
  state of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "electronic equipment recycling and reuse act".
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 26 to read as follows:
                                 TITLE 26
                ELECTRONIC EQUIPMENT RECYCLING AND REUSE
SECTION 27-2601. DEFINITIONS.
        27-2603. MANUFACTURER COLLECTION.
        27-2605. MANUFACTURER ELECTRONIC WASTE MANAGEMENT PLAN.
        27-2607. RETAILER REQUIREMENTS.
        27-2609. LABELING.
        27-2611. DISPOSAL BAN.
        27-2613. ENFORCEMENT.
        27-2615. MANUFACTURER PENALTIES.
        27-2617. REPORTING REQUIREMENTS.
        27-2619. PREEMPTION.
        27-2621. CONFIDENTIAL INFORMATION AND TRADE SECRETS.
        27-2623. SEVERABILITY.
S 27-2601. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "CATHODE RAY TUBE" 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08805-01-9
              

S. 2512                             2

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  A  PERSON  WHO  OWNS OR USES COVERED ELECTRONIC
EQUIPMENT, INCLUDING BUT NOT  LIMITED  TO  AN  INDIVIDUAL,  A  BUSINESS,
CORPORATION,   LIMITED   PARTNERSHIP,  NOT-FOR-PROFIT  ORGANIZATION,  OR
GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED IN A WHOLE-
SALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
  4. "COVERED ELECTRONIC EQUIPMENT" MEANS ANY COMPUTER CENTRAL  PROCESS-
ING UNIT; CATHODE RAY TUBE; CATHODE RAY TUBE DEVICE; KEYBOARD; ELECTRON-
IC MOUSE OR SIMILAR POINTING DEVICE; TELEVISION; PRINTER, COMPUTER MONI-
TOR,  INCLUDING  BUT  NOT  LIMITED  TO LIQUID CRYSTAL DISPLAYS (LCD) AND
PLASMA SCREENS, OR SIMILAR VIDEO DISPLAY DEVICE WITH A  SCREEN  THAT  IS
GREATER  THAN  FOUR  INCHES MEASURED DIAGONALLY AND CONTAINS ONE OR MORE
CIRCUIT BOARDS; A LAPTOP OR  OTHER  PORTABLE  COMPUTER;  OR  A  PORTABLE
DIGITAL  MUSIC PLAYER THAT HAS MEMORY CAPABILITY AND IS BATTERY-POWERED;
ANY DEVICE THAT HAS INTERNAL MEMORY AND CAN CONNECT  TO  VIDEO;  OR  ANY
DEVICE  INCLUDING  A HARD DRIVE. "COVERED ELECTRONIC EQUIPMENT" DOES NOT
INCLUDE ANY MOTOR VEHICLE; WIRELESS TELEPHONE; HOUSEHOLD APPLIANCES SUCH
AS CLOTHES WASHERS, CLOTHES DRYERS, REFRIGERATORS,  FREEZERS,  MICROWAVE
OVENS,  OVENS,  RANGES OR DISHWASHERS; EQUIPMENT THAT IS FUNCTIONALLY OR
PHYSICALLY PART OF A LARGER PIECE OF EQUIPMENT INTENDED FOR  USE  IN  AN
INDUSTRIAL,  RESEARCH AND DEVELOPMENT OR COMMERCIAL SETTING; SECURITY OR
ANTI-TERRORISM EQUIPMENT THAT UTILIZES A CATHODE  RAY  TUBE;  COMMERCIAL
MEDICAL  EQUIPMENT THAT CONTAINS WITHIN IT A CATHODE RAY TUBE, A CATHODE
RAY TUBE DEVICE, A FLAT PANEL DISPLAY OR SIMILAR VIDEO  DISPLAY  DEVICE,
AND IS NOT SEPARATE FROM THE LARGER PIECE OF EQUIPMENT; OR OTHER MEDICAL
DEVICES  AS  THAT  TERM  IS  DEFINED  UNDER  THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT.
  5. "ELECTRONIC RECYCLER" MEANS A PERSON WHO ENGAGES IN THE  MANUAL  OR
MECHANICAL  SEPARATION OF COVERED ELECTRONIC EQUIPMENT TO RECOVER COMPO-
NENTS AND COMMODITIES CONTAINED THEREIN FOR  THE  PURPOSE  OF  REUSE  OR
RECYCLING  OR  A PERSON WHO CHANGES THE PHYSICAL OR CHEMICAL COMPOSITION
OF COVERED ELECTRONIC EQUIPMENT FOR PURPOSES OF SEGREGATING  COMPONENTS,
FOR  PURPOSES  OF  RECYCLING  THOSE  COMPONENTS AND WHO ARRANGES FOR THE
TRANSPORT OF THOSE COMPONENTS.
  6. "ELECTRONIC WASTE" MEANS COVERED ELECTRONIC EQUIPMENT THAT HAS BEEN
DISCARDED OR IS NO LONGER WANTED BY ITS OWNER, OR FOR ANY  OTHER  REASON
ENTERS THE WASTE COLLECTION, RECOVERY, TREATMENT, PROCESSING, OR RECYCL-
ING SYSTEM.
  7.  "LABEL" MEANS A MARKER ON THE SURFACE OF COVERED ELECTRONIC EQUIP-
MENT CONVEYING INFORMATION; FOR THE PURPOSES OF THIS TITLE, LABELS  MUST
BE  PERMANENT  AND CAN BE ATTACHED, PRINTED, ENGRAVED OR INCORPORATED IN
ANY OTHER PERMANENT WAY THAT IS OBVIOUS AND  VISIBLE  TO  USERS  OF  THE
PRODUCT.
  8.  "MANUFACTURER" MEANS A PERSON WHO:  (A) ASSEMBLES OR SUBSTANTIALLY
ASSEMBLES, OR HAS ASSEMBLED OR SUBSTANTIALLY  ASSEMBLED,  COVERED  ELEC-
TRONIC EQUIPMENT FOR SALE IN THE STATE; (B) MANUFACTURES OR HAS MANUFAC-
TURED COVERED ELECTRONIC EQUIPMENT UNDER ITS OWN BRAND NAME OR UNDER ANY
OTHER BRAND NAME FOR SALE IN THE STATE; (C) SELLS OR HAS SOLD, UNDER ITS
OWN BRAND NAME, COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (D) OWNS
A  BRAND NAME THAT IT LICENSES OR HAS LICENSED TO ANOTHER PERSON FOR USE
ON COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (E)  IMPORTS  OR  HAS
IMPORTED  COVERED  ELECTRONIC EQUIPMENT FOR SALE IN THE STATE; (F) MANU-

S. 2512                             3

FACTURES OR HAS MANUFACTURED COVERED ELECTRONIC EQUIPMENT  FOR  SALE  IN
THE STATE WITHOUT AFFIXING A BRAND NAME.
  9.  "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 RIGHT OR INTEREST, INCLUDING THOSE
NAMES, BRAND NAMES,  AND  BRAND  LABELS  OF  COMPANIES  THAT  HAVE  BEEN
ACQUIRED  BY  THE  MANUFACTURER  OR  IN WHICH THE MANUFACTURER ASSERTS A
LEGAL INTEREST SUCH AS TRADEMARK OR PATENT.
  10. "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.
  11. "ORPHAN WASTE" MEANS COVERED ELECTRONIC WASTE, THE MANUFACTURER OF
WHICH  CANNOT BE IDENTIFIED OR IS NO LONGER IN BUSINESS AND FOR WHICH NO
SUCCESSOR IN INTEREST CAN BE IDENTIFIED.
  12. "PERSON"  MEANS  ANY  INDIVIDUAL,  BUSINESS  ENTITY,  PARTNERSHIP,
COMPANY,  CORPORATION,  NOT-FOR-PROFIT CORPORATION, ASSOCIATION, GOVERN-
MENTAL ENTITY,  PUBLIC  BENEFIT  CORPORATION,  PUBLIC  AUTHORITY,  FIRM,
ORGANIZATION,  OR  ANY  OTHER  GROUP  OF  INDIVIDUALS, OR ANY OFFICER OR
EMPLOYEE OR AGENT THEREOF.
  13. "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.
  14. "RECYCLE" MEANS TO USE THE MATERIALS CONTAINED  IN  COVERED  ELEC-
TRONIC  EQUIPMENT  OR  COMPONENTS  AS  RAW MATERIALS FOR NEW PRODUCTS OR
COMPONENTS, BUT NOT FOR ENERGY RECOVERY OR ENERGY GENERATION BY MEANS OF
COMBUSTION, GASIFICATION, PYROLYSIS OR OTHER MEANS.
  15. "RETAILER" MEANS A PERSON WHO SELLS COVERED  ELECTRONIC  EQUIPMENT
TO A CONSUMER IN THE STATE THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED
TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, CATALOGS OR THE
INTERNET, OR ANY ELECTRONIC MEANS.
  16.  "REUSE" MEANS ANY OPERATION BY WHICH COVERED ELECTRONIC EQUIPMENT
OR COMPONENTS ARE  USED  FOR  THE  SAME  PURPOSE  FOR  WHICH  THEY  WERE
CONCEIVED, INCLUDING THE CONTINUED USE OF WHOLE SYSTEMS OR COMPONENTS.
  17.  "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
THE RIGHT TO USE, BY LEASE OR SALES CONTRACT,  FROM  A  MANUFACTURER  OR
RETAILER  TO  A  CONSUMER,  INCLUDING,  BUT NOT LIMITED TO, TRANSACTIONS
CONDUCTED THROUGH RETAIL SALES OUTLETS, CATALOGS, THE INTERNET,  OR  ANY
ELECTRONIC  MEANS;  THIS  INCLUDES  TRANSFER  OF  NEW  PRODUCTS  OR USED
PRODUCTS THAT MAY HAVE BEEN REFURBISHED BY THEIR MANUFACTURER  OR  MANU-
FACTURER-APPROVED  PARTY AND THAT ARE OFFERED FOR SALE BY A MANUFACTURER
OR RETAILER,  BUT  DOES  NOT  INCLUDE  CONSUMER-TO-CONSUMER  SECOND-HAND
TRANSFER.
  18.  "TELEVISION" MEANS A DISPLAY SYSTEM CONTAINING A CATHODE RAY TUBE
OR ANY OTHER  TYPE  OF  DISPLAY  PRIMARILY  INTENDED  TO  RECEIVE  VIDEO
PROGRAMMING  VIA  BROADCAST,  CABLE  OR SATELLITE TRANSMISSION, HAVING A
VIEWABLE AREA GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY.
S 27-2603. MANUFACTURER COLLECTION.
  1. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE OR ONE HUNDRED  EIGHTY
DAYS  AFTER  AN  ELECTRONIC  WASTE  MANAGEMENT  PLAN  IS APPROVED BY THE
DEPARTMENT, WHICHEVER DATE IS LATER, A MANUFACTURER OF COVERED ELECTRON-
IC EQUIPMENT MUST ACCEPT FOR COLLECTION, HANDLING AND RECYCLING OR REUSE
OF COVERED ELECTRONIC EQUIPMENT THAT IS OFFERED FOR RETURN BY ANY PERSON

S. 2512                             4

AND WHICH HAS BEEN ASSEMBLED, MANUFACTURED OR IMPORTED BY SUCH  MANUFAC-
TURER, OR HAS BEEN SOLD UNDER SUCH MANUFACTURER'S BRAND NAME.
  2.  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND  THIRTEEN OR ONE HUNDRED
EIGHTY DAYS AFTER AN ELECTRONIC WASTE MANAGEMENT PLAN IS APPROVED BY THE
DEPARTMENT, WHICHEVER DATE IS LATER, EACH MANUFACTURER MUST  ACCEPT  FOR
COLLECTION, HANDLING AND RECYCLING OR REUSE OF ITS SHARE OF ORPHAN WASTE
IN  THE STATE. EACH MANUFACTURER'S SHARE OF ORPHAN WASTE SHALL BE DETER-
MINED BY THE DEPARTMENT BASED ON THE  WEIGHT  PERCENTAGE  SHARE  OF  THE
MANUFACTURER AS DETERMINED BY THE BEST AVAILABLE INFORMATION, INCLUDING,
BUT  NOT  LIMITED  TO,  STATE  SALES DATA REPORTED BY WEIGHT.  BEGINNING
JANUARY FIRST, TWO THOUSAND  TWELVE,  AND  EVERY  YEAR  THEREAFTER,  THE
DEPARTMENT  SHALL  PROVIDE EACH MANUFACTURER WITH A DETERMINATION OF ITS
SHARE OF ORPHAN WASTE. NO MANUFACTURER  SHALL  BE  RESPONSIBLE  FOR  THE
COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIP-
MENT  OF  A DIFFERENT TYPE THAN THE COVERED ELECTRONIC EQUIPMENT OFFERED
FOR SALE BY THE MANUFACTURER.
S 27-2605. MANUFACTURER ELECTRONIC WASTE MANAGEMENT PLAN.
  THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS PROMULGATING  RECYCL-
ING  COLLECTION  STANDARDS.  SUCH STANDARDS SHALL BE DETERMINED BASED ON
THE AVERAGE ANNUAL SALES OF THE MANUFACTURER'S COVERED ELECTRONIC EQUIP-
MENT IN THE STATE, REPORTED BY WEIGHT, DURING THE PREVIOUS THREE  CALEN-
DAR  YEARS;  BY JULY FIRST, TWO THOUSAND SIXTEEN, THE MINIMUM COLLECTION
STANDARD IS TWENTY-FIVE PERCENT AND BY JULY FIRST,  TWO  THOUSAND  EIGH-
TEEN, THE MINIMUM COLLECTION STANDARD IS FORTY-FIVE PERCENT. THE COMMIS-
SIONER  MAY  GRANT  A  WAIVER,  IN WHOLE OR IN PART, FROM THE COLLECTION
STANDARDS AND ANY RESULTING FINES OR PENALTIES WHERE A MANUFACTURER  HAS
DEMONSTRATED  TO  THE  COMMISSIONER'S  SATISFACTION  THAT  SUCH  MINIMUM
COLLECTION STANDARDS COULD NOT BE MET DESPITE THE BEST  EFFORTS  OF  THE
MANUFACTURER.
  1.  A  MANUFACTURER  SHALL DEVELOP AN ELECTRONIC WASTE MANAGEMENT PLAN
AND SUBMIT, ALONG WITH A REGISTRATION FEE OF FIVE  THOUSAND  DOLLARS,  A
REPORT AS REQUIRED BY THIS SECTION.
  2.  NO  LATER  THAN JANUARY FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER
SHALL DEVELOP AND SUBMIT TO THE DEPARTMENT AN ELECTRONIC  WASTE  MANAGE-
MENT PLAN FOR THE COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED
ELECTRONIC  EQUIPMENT  AND  ORPHAN  WASTE.    ANY  PERSON  WHO BECOMES A
MANUFACTURER ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN SHALL SUBMIT TO
THE DEPARTMENT AN ELECTRONIC WASTE MANAGEMENT PLAN FOR  THE  COLLECTION,
HANDLING,  AND  RECYCLING  OR  REUSE OF COVERED ELECTRONIC EQUIPMENT AND
ORPHAN WASTE PRIOR TO SELLING ANY COVERED ELECTRONIC  EQUIPMENT  IN  THE
STATE.    THE MANUFACTURER   SHALL NOT IMPOSE A FEE ON CONSUMERS FOR THE
COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIP-
MENT.
  3. THE ELECTRONIC WASTE MANAGEMENT PLAN SHALL INCLUDE, AT A MINIMUM:
  A. DETAILS FOR IMPLEMENTING THE COLLECTION, HANDLING AND RECYCLING  OR
REUSE  OF  COVERED ELECTRONIC EQUIPMENT PRODUCED BY THE MANUFACTURER AND
OFFERED FOR RETURN BY ANY CONSUMER IN THIS STATE  AND  FOR  IMPLEMENTING
THE  COLLECTION,  HANDLING AND RECYCLING OR REUSE OF ITS SHARE OF ORPHAN
WASTE GENERATED AS ELECTRONIC WASTE IN THIS STATE,  INCLUDING,  BUT  NOT
LIMITED  TO,  SPECIFIC  INFORMATION  ON HOW A CONSUMER CAN RETURN TO THE
MANUFACTURER FOR RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT FREE
OF COST AND IN A MANNER CONVENIENT TO CONSUMERS;
  B. INFORMATION ON THE ANTICIPATED END MARKETS AND ELECTRONIC RECYCLERS
EXPECTED TO BE UTILIZED BY THE MANUFACTURER, INCLUDING, BUT NOT  LIMITED
TO,  DETAILS  ON  THE  METHODS  OF COLLECTION, HANDLING AND RECYCLING OR
REUSE OF COVERED ELECTRONIC  EQUIPMENT  USED  BY  ELECTRONIC  RECYCLERS,

S. 2512                             5

DETAILS  ON  ANY  DISASSEMBLY OR PHYSICAL RECOVERY OPERATION TO BE USED,
THE LOCATIONS OF ANY SUCH OPERATIONS,  AND  DETAILS  ON  THE  ELECTRONIC
RECYCLER'S  COMPLIANCE  WITH  THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S   GUIDE  ON  ENVIRONMENTALLY  SOUND  MANAGEMENT  OF  ELECTRONIC
DEVICES;
  C. ANNUAL STATE SALES DATA OF THE  MANUFACTURER'S  COVERED  ELECTRONIC
EQUIPMENT REPORTED BY WEIGHT FOR THE PREVIOUS THREE CALENDAR YEARS;
  D.  A  SYSTEM FOR DESTROYING ALL DATA ON ANY COVERED ELECTRONIC EQUIP-
MENT COLLECTED, EITHER THROUGH PHYSICAL DESTRUCTION OF THE HARD DRIVE OR
THROUGH DATA WIPING TO DEPARTMENT OF DEFENSE STANDARDS (US DOD 5220.22 M
- CLEARING AND SANITATION MATRIX);
  E. A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT  THE  MANUFAC-
TURER'S  ELECTRONIC  WASTE MANAGEMENT PLAN, INCLUDING AT A MINIMUM:  (I)
AN INTERNET WEBSITE AND  A  TOLL-FREE  TELEPHONE  NUMBER  THAT  PROVIDES
SUFFICIENT  INFORMATION TO ALLOW A CONSUMER OF COVERED ELECTRONIC EQUIP-
MENT TO LEARN HOW TO RETURN THE COVERED EQUIPMENT FOR RECYCLING OR REUSE
AND (II) ADVERTISEMENTS, IF ANY, AND PRESS RELEASES;
  F. A LIST OF THE MANUFACTURER'S BRAND NAMES, INCLUDING: (I) ANY  BRAND
NAME  UNDER WHICH THE MANUFACTURER ASSEMBLES OR SUBSTANTIALLY ASSEMBLES,
OR HAS ASSEMBLED OR SUBSTANTIALLY ASSEMBLED  COVERED  ELECTRONIC  EQUIP-
MENT;  (II) ANY BRAND NAME UNDER WHICH THE MANUFACTURER MANUFACTURES AND
SELLS, OR HAS MANUFACTURED AND SOLD, COVERED ELECTRONIC EQUIPMENT; (III)
ANY BRAND NAME UNDER WHICH THE MANUFACTURER SELLS OR  HAS  SOLD  COVERED
ELECTRONIC  EQUIPMENT  PRODUCED BY ANOTHER PERSON UNDER SUCH MANUFACTUR-
ER'S OWN BRAND; (IV) ANY BRAND  NAME  THAT  THE  MANUFACTURER  OWNS  AND
LICENSES OR HAS LICENSED TO ANOTHER PERSON FOR USE ON COVERED ELECTRONIC
EQUIPMENT;  (V)  ANY  BRAND NAME UNDER WHICH THE MANUFACTURER IMPORTS OR
HAS IMPORTED COVERED ELECTRONIC EQUIPMENT FOR SALE  IN  THE  STATE;  AND
(VI)  ANY  BRAND  NAME  OF  COVERED  ELECTRONIC  EQUIPMENT  OF WHICH THE
MANUFACTURER HAS BECOME THE SUCCESSOR-IN-INTEREST; AND
  G. ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT  IN  ACCORDANCE
WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
  4.  THE  DEPARTMENT  SHALL APPROVE OR DISAPPROVE A PROPOSED ELECTRONIC
WASTE MANAGEMENT PLAN SUBMITTED BY A  MANUFACTURER  WITHIN  ONE  HUNDRED
EIGHTY  DAYS OF ITS SUBMISSION. IF THE DEPARTMENT APPROVES AN ELECTRONIC
WASTE MANAGEMENT PLAN, IT SHALL EXPEDITIOUSLY NOTIFY THE MANUFACTURER OF
THE APPROVAL IN WRITING. IF THE  DEPARTMENT  DISAPPROVES  AN  ELECTRONIC
WASTE MANAGEMENT PLAN, IT SHALL EXPEDITIOUSLY NOTIFY THE MANUFACTURER OF
THE  DISAPPROVAL IN WRITING AND SPECIFY THE REASONS FOR DISAPPROVAL. THE
MANUFACTURER SHALL HAVE NINETY DAYS  TO  RESUBMIT  AN  ELECTRONIC  WASTE
MANAGEMENT  PLAN  AFTER  THE DEPARTMENT NOTIFIES THE MANUFACTURER OF ITS
DISAPPROVAL. THE DEPARTMENT SHALL THEN APPROVE OR DISAPPROVE A RESUBMIT-
TED ELECTRONIC WASTE MANAGEMENT PLAN WITHIN NINETY DAYS OF RESUBMISSION.
  5. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, OR ONE HUNDRED EIGHTY
DAYS AFTER AN ELECTRONIC  WASTE  MANAGEMENT  PLAN  IS  APPROVED  BY  THE
DEPARTMENT, WHICHEVER DATE IS LATER, A MANUFACTURER OF COVERED ELECTRON-
IC  EQUIPMENT MUST FULLY IMPLEMENT THE APPROVED ELECTRONIC WASTE MANAGE-
MENT PLAN FOR THE COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED
ELECTRONIC EQUIPMENT PRODUCED BY  SUCH  MANUFACTURER  AND  GENERATED  AS
ELECTRONIC WASTE IN THE STATE.
  6.  A  MANUFACTURER  MAY  SATISFY THE ELECTRONIC WASTE MANAGEMENT PLAN
REQUIREMENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A  COLLECTIVE
ELECTRONIC  WASTE  MANAGEMENT  PLAN  WITH  OTHER MANUFACTURERS. ANY SUCH
COLLECTIVE WASTE MANAGEMENT PLAN MUST MEET THE SAME REQUIREMENTS  AS  AN
ELECTRONIC  WASTE MANAGEMENT PLAN SUBMITTED BY AN INDIVIDUAL MANUFACTUR-
ER. ANY COLLECTIVE ELECTRONIC WASTE MANAGEMENT PLAN MUST INCLUDE A  LIST

S. 2512                             6

OF  MANUFACTURERS  THAT  ARE PARTICIPATING IN SUCH PLAN ALONG WITH OTHER
IDENTIFYING INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT. SUCH  PLAN
SHALL  BE  SUBMITTED  TO THE DEPARTMENT ALONG WITH A REGISTRATION FEE OF
TEN THOUSAND DOLLARS.
  7.  A  MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH
THE DEVELOPMENT AND IMPLEMENTATION OF THE  ELECTRONIC  WASTE  MANAGEMENT
PLAN.
S 27-2607. RETAILER REQUIREMENTS.
  AT THE POINT OF SALE OF COVERED ELECTRONIC EQUIPMENT, A RETAILER SHALL
PROVIDE  CONSUMERS WITH INFORMATION, IF ANY, ABOUT THE RETURN OF COVERED
ELECTRONIC EQUIPMENT THAT  HAS  BEEN  PROVIDED  TO  THE  RETAILER  BY  A
MANUFACTURER  PURSUANT TO THE MANUFACTURER'S IMPLEMENTATION OF ITS ELEC-
TRONIC WASTE MANAGEMENT PLAN.
S 27-2609. LABELING.
  BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE  OR  ONE  HUNDRED  EIGHTY
DAYS  AFTER  AN  ELECTRONIC  WASTE  MANAGEMENT  PLAN  IS APPROVED BY THE
DEPARTMENT, WHICHEVER DATE IS LATER, A MANUFACTURER MAY  NOT  OFFER  FOR
SALE  IN  THE  STATE  OF NEW YORK OR DELIVER TO RETAILERS FOR SUBSEQUENT
SALE COVERED ELECTRONIC EQUIPMENT UNLESS IT  HAS  A  VISIBLE,  PERMANENT
LABEL  CLEARLY  IDENTIFYING THE MANUFACTURER OF THAT EQUIPMENT. IN ADDI-
TION, THE MANUFACTURER SHALL PROVIDE A TOLL-FREE  TELEPHONE  NUMBER  AND
INTERNET  WEBSITE  THAT  CONSUMERS  CAN  ACCESS  FOR  INFORMATION ON HOW
COVERED ELECTRONIC EQUIPMENT CAN BE RETURNED FOR RECYCLING OR REUSE FREE
OF CHARGE TO THE CONSUMER.
S 27-2611. DISPOSAL BAN.
  BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE,  NO  MANUFACTURER  SHALL
DISPOSE  OF COVERED ELECTRONIC EQUIPMENT OR ANY COMPONENT THEREOF IN ANY
SOLID WASTE MANAGEMENT FACILITY IN THIS STATE UNLESS  SUCH  FACILITY  IS
PERMITTED PURSUANT TO THIS ARTICLE TO ACCEPT SUCH WASTE.
  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN, NO CONSUMER SHALL
PLACE OR DISPOSE OF ANY COVERED ELECTRONIC EQUIPMENT  OR  ANY  COMPONENT
THEREOF IN ANY SOLID WASTE MANAGEMENT FACILITY IN THIS STATE UNLESS SUCH
FACILITY IS PERMITTED PURSUANT TO THIS ARTICLE TO ACCEPT SUCH WASTE.
S 27-2613. ENFORCEMENT.
  1.  THE  DEPARTMENT SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS
OF THIS TITLE, AND THE PROVISIONS OF THIS TITLE MAY ALSO BE ENFORCED  BY
THE  ATTORNEY  GENERAL,  COUNTIES  AND  A  CITY WITH A POPULATION OF ONE
MILLION OR MORE.
  2. ANY CONSUMER WHO VIOLATES THE PROVISIONS OF SECTION 27-2611 OF THIS
TITLE SHALL BE LIABLE FOR A CIVIL PENALTY OF  ONE  HUNDRED  DOLLARS  FOR
EACH VIOLATION.
S 27-2615. MANUFACTURER PENALTIES.
  1.  BEGINNING  JANUARY  FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER WHO
FAILS TO SUBMIT AN ELECTRONIC WASTE MANAGEMENT PLAN AS REQUIRED BY  THIS
TITLE  SHALL  BE  LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS PER
DAY FOR EACH DAY THAT AN ELECTRONIC WASTE MANAGEMENT PLAN IS NOT SUBMIT-
TED.
  2. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN,  A  MANUFACTURER  WHO
SUBMITS  AN  ELECTRONIC WASTE MANAGEMENT PLAN THAT IS DISAPPROVED BY THE
DEPARTMENT MORE THAN THREE TIMES SHALL BE LIABLE FOR A CIVIL PENALTY  OF
ONE  THOUSAND  DOLLARS  PER  DAY  FOR  EACH DAY THAT AN ELECTRONIC WASTE
MANAGEMENT PLAN IS NOT SUBMITTED AND APPROVED BY THE DEPARTMENT  FOLLOW-
ING THE DATE OF SUCH THIRD DISAPPROVAL.
  3.  ANY MANUFACTURER WHO VIOLATES ANY PROVISION OF THIS TITLE SHALL BE
LIABLE FOR A CIVIL  PENALTY  OF  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST
VIOLATION,  TWO  THOUSAND  FIVE HUNDRED DOLLARS FOR THE SECOND VIOLATION

S. 2512                             7

AND FIVE  THOUSAND  DOLLARS  FOR  THE  THIRD  VIOLATION  AND  SUBSEQUENT
VIOLATIONS OF THIS TITLE WITHIN A TWELVE MONTH PERIOD.
S 27-2617. REPORTING REQUIREMENTS.
  1.  BEGINNING  JULY  FIRST,  TWO  THOUSAND  THIRTEEN, FOR THE PREVIOUS
CALENDAR YEAR  AND  ANNUALLY  THEREAFTER,  A  MANUFACTURER  THAT  OFFERS
COVERED  ELECTRONIC  EQUIPMENT  FOR  SALE  IN  THIS STATE SHALL SUBMIT A
REPORT TO THE DEPARTMENT THAT INCLUDES THE FOLLOWING: (I)  ANY  PROPOSED
MODIFICATION  TO  THE  PREVIOUSLY APPROVED MANUFACTURER ELECTRONIC WASTE
MANAGEMENT PLAN FOR THE COLLECTION, HANDLING AND RECYCLING OR  REUSE  OF
ITS COVERED ELECTRONIC EQUIPMENT; (II) SALES DATA REPORTED BY WEIGHT FOR
THE  MANUFACTURER'S  COVERED ELECTRONIC EQUIPMENT SOLD IN THIS STATE FOR
THE PREVIOUS CALENDAR YEAR; (III) THE  QUANTITY  OF  COVERED  ELECTRONIC
EQUIPMENT COLLECTED FOR RECYCLING OR REUSE IN THIS STATE, CATEGORIZED BY
THE  TYPE OF COVERED ELECTRONIC EQUIPMENT COLLECTED; (IV) INFORMATION ON
THE END MARKETS AND ELECTRONIC RECYCLERS UTILIZED BY  THE  MANUFACTURER,
INCLUDING  DETAILS  ON THE METHODS OF COLLECTION, HANDLING AND RECYCLING
OR REUSE OF COVERED ELECTRONIC EQUIPMENT USED BY  ELECTRONIC  RECYCLERS,
DETAILS  ON  ANY  DISASSEMBLY OR PHYSICAL RECOVERY OPERATION TO BE USED,
THE LOCATIONS OF ANY SUCH OPERATIONS,  AND  DETAILS  ON  THE  ELECTRONIC
RECYCLER'S  COMPLIANCE  WITH  THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S  GUIDE  ON  ENVIRONMENTALLY  SOUND  MANAGEMENT  OF   ELECTRONIC
DEVICES; (V) COSTS AND EXAMPLES OF PUBLIC EDUCATION INCLUDING THE NUMBER
OF  VISITS  TO THE INTERNET WEBSITE AND CALLS TO THE TOLL-FREE TELEPHONE
NUMBERS PROVIDED BY THE MANUFACTURER AS PART  OF  ITS  ELECTRONIC  WASTE
MANAGEMENT  PLAN;  AND (VI) ANY OTHER INFORMATION AS REQUIRED IN ACCORD-
ANCE WITH DEPARTMENT RULES.
  2. THE DEPARTMENT SHALL SUBMIT A REPORT ON IMPLEMENTATION OF THE TITLE
IN THIS STATE TO THE GOVERNOR AND  LEGISLATURE  BY  OCTOBER  FIRST,  TWO
THOUSAND  FOURTEEN  AND  EVERY  TWO  YEARS  THEREAFTER.  THE REPORT MUST
INCLUDE, AT A MINIMUM, AN EVALUATION OF THE RECYCLING AND REUSE RATES IN
THE STATE FOR COVERED ELECTRONIC EQUIPMENT, A DISCUSSION  OF  COMPLIANCE
AND  ENFORCEMENT RELATED TO THE REQUIREMENTS OF THIS TITLE AND RECOMMEN-
DATIONS FOR ANY CHANGES TO THE SYSTEM OF COLLECTION, HANDLING AND  RECY-
CLING OR REUSE OF ELECTRONIC EQUIPMENT IN THIS STATE.
S 27-2619. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO ELECTRONIC EQUIPMENT RECYCL-
ING IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE.
S 27-2621. CONFIDENTIAL INFORMATION AND TRADE SECRETS.
  INFORMATION  RELATING TO ELECTRONIC EQUIPMENT SUBMITTED TO THE DEPART-
MENT UNDER THIS TITLE MAY BE DESIGNATED BY THE PERSON SUBMITTING  IT  AS
BEING  ONLY  FOR  THE CONFIDENTIAL USE OF THE DEPARTMENT, ITS AGENTS AND
EMPLOYEES, OTHER STATE AGENCIES, EMPLOYEES OF THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY AND THE ATTORNEY GENERAL OF THE STATE, AND  ANY
POLITICAL SUBDIVISION OF THE STATE AND ITS AGENTS AND EMPLOYEES.
S 27-2623. SEVERABILITY.
  THE  PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND IF ANY PROVISION
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 3. This act shall take effect immediately.