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

                                   995

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, in relation to elec-
  tronic equipment recycling; and to amend the  state  finance  law,  in
  relation  to  establishing  the electronic equipment recycling account
  within the environmental protection fund

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

  Section  1. Legislative findings and intent. The legislature finds and
declares that electronic equipment which contains priority  contaminants
that  are a cause for concern such as cathode ray tubes, printed circuit
boards, batteries, lead and other components can have significant  toxi-
cological   effects  on  humans  and  the  environment  when  improperly
disposed. The legislature also finds that  the  potential  environmental
and  public  health  problems  associated with these kinds of electronic
equipment can be minimized by requiring  the  separation  of  electronic
equipment  from  municipal solid waste and the identification of certain
types of electronic equipment that pose an increased  threat  to  public
health and the environment, as defined in this act.
  The  legislature  also  finds that manufacturers bear a responsibility
for implementing collection and recycling programs  for  the  electronic
equipment  that  they  manufacture.  The  legislature  also  finds  that
manufacturers can play an intricate role in the diversion of  electronic
equipment  from  the  waste stream by establishing collection, recycling
and disassembly centers for the electronic equipment they manufacture.
  The legislature also finds that jobs are created  through  disassembly
and  recycling  programs.  Therefore, this legislation would provide the
dual purpose of protecting the environment and job creation.
  The legislature further finds that electronic equipment should not  be
managed  as part of municipal solid waste due to their content of one or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01325-01-9
              

S. 995                              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

S. 995                              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.

S. 995                              4

  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.

S. 995                              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

S. 995                              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;

S. 995                              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

S. 995                              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

S. 995                              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.