NY State Senate Bill 2015-S7971

Senate Bill S7971

2015-2016 Legislative Session

Relates to the reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2016	referred to environmental conservation

2015-S7971 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-2603, 27-2615 & 27-2605, add §27-2614, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2116
2019-2020: S944

2015-S7971 (ACTIVE) - Summary

Relates to the reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste.

2015-S7971 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7971

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to the reporting of electronic waste collection and
recycling data, the sale of electronic waste and the carry-forward of
sales of electronic waste

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would establish a statewide recycling goal for electronic
waste( E-waste) starting in 2017 and ease the municipal burden of
dealing with E-waste by raising the manufacturer's acceptance standard
of E-waste and sets deadlines and requirements for that purpose.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the statewide recycling or reuse goal for
E-waste as the base weight of the product multiplied by the goal
attainment percentage. "Base weight" is defined at the greater of
either the average weight of all the E-waste collected during the
three calendar years preceding the most recent report, or the three
year average of the sum of all E-waste collected in the three calendar
years preceding to the most recent report.

Section 2 establishes the deadlines for which the Department of
Environmental Conservation (DEC) must publish the recycling goal for

the following year and the deadline for which the DEC must notify
manufacturers of the new manufacturer acceptance standard.

Section 3 establishes the deadline for which manufacturers must
certify to the DEC that the manufacturer has entered into contractual
agreements for one hundred percent of the weight of e-waste associated
with their respective manufacturer's acceptance standard.

Section 4 states E-waste collectors, consolidators, or recyclers may
bank unsold electronic waste for sale in the subsequent 4 years after
the waste is obtained, provided that no more than twenty-five percent
of the E-waste is sold in any such subsequent year.

Section 5 states the effective date.

 JUSTIFICATION :

E-waste collection and recycling data is reported to the DEC on March
1 of the concurrent calendar year in which the DEC determines the
allocation of the manufacturer acceptance standard. Because of this,
the DEC is not able to calculate this standard until the third quarter
of the subject year.

Many manufacturing representatives and collective organizations wait
until the fourth quarter to purchase collected pounds of electronic
waste. Recyclers are then often pressured to sell pounds of recycled
electronics at a discount or risk not receiving any revenue.

By using the average of the previous years' recycling data, the DEC is
able to publish the manufacturer's accepted standard before the start
of the subject calendar year. Manufacturers are then able to certify
that they have entered into contractual agreements for their E-waste
earlier in the subject calendar year.

Allowing collectors, consolidators, and recyclers to carry forward
some of their E-waste into subsequent years matches the flexibility
granted to manufacturers and creates a balance between purchasers and
sellers.

 PRIOR LEGISLATIVE HISTORY :
This is new legislation.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7971 (ACTIVE) - Bill Text download pdf

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

                                  7971

                            I N  S E N A T E

                              June 1, 2016
                               ___________

Introduced  by  Sen.  O'MARA -- 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
  reporting  of electronic waste collection and recycling data, the sale
  of electronic waste and the carry-forward of sales of electronic waste

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

  Section  1.  Paragraph  (e) of subdivision 3 of section 27-2603 of the
environmental conservation law is relettered paragraph  (f)  and  a  new
paragraph (e) is added to read as follows:
  (E)  FOR  CALENDAR  YEARS  TWO  THOUSAND SEVENTEEN AND THEREAFTER, THE
STATEWIDE RECYCLING OR REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE  THE
PRODUCT OF THE BASE WEIGHT MULTIPLIED BY THE GOAL ATTAINMENT PERCENTAGE.
FOR THE PURPOSES OF THIS PARAGRAPH, "BASE WEIGHT" MEANS THE GREATER OF:
  (I) THE AVERAGE WEIGHT OF ALL ELECTRONIC WASTE COLLECTED FOR RECYCLING
OR  REUSE DURING THE THREE CALENDAR YEARS PRECEDING THE CALENDAR YEAR IN
WHICH THE MOST RECENT REPORT WAS SUBMITTED TO THE DEPARTMENT PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-2617 OF THIS TITLE; OR
  (II) THE THREE YEAR  AVERAGE  OF  THE  SUM  OF  ALL  ELECTRONIC  WASTE
COLLECTED FOR RECYCLING OR REUSE DURING THE THREE CALENDAR YEARS PRECED-
ING  THE  CALENDAR YEAR IN WHICH THE MOST RECENT REPORT WAS SUBMITTED TO
THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE,  PARAGRAPH
(B) OF SUBDIVISION TWO AND PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION
27-2613 OF THIS TITLE.
  S  2. Section 27-2615 of the environmental conservation law is amended
by adding two new subdivisions 4 and 5 to read as follows:
  4. THE DEPARTMENT SHALL PUBLISH THE STATEWIDE RECYCLING OR REUSE  GOAL
NO  LATER  THAN  SEPTEMBER  FIFTEENTH OF THE YEAR PRECEDING THE YEAR FOR
WHICH THE STATEWIDE RECYCLING OR REUSE GOAL HAS BEEN SET.
  5. THE DEPARTMENT SHALL NOTIFY EACH  MANUFACTURER  OF  ITS  RESPECTIVE
MANUFACTURER  ACCEPTANCE  STANDARD AS ESTABLISHED IN SUBDIVISION FOUR OF
SECTION 27-2603 OF THIS TITLE NO LATER THAN DECEMBER  FIFTEENTH  OF  THE
PRECEDING  YEAR FOR WHICH SUCH MANUFACTURER ACCEPTANCE STANDARD HAS BEEN
SET.

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

                                                           LBD15688-01-6

S. 7971                             2

  S 3. Section 27-2605 of the environmental conservation law is  amended
by adding a new subdivision 9 to read as follows:
  9. NO LATER THAN JUNE THIRTIETH OF THE YEAR FOR WHICH A MANUFACTURER'S
ACCEPTANCE  STANDARD  HAS  BEEN  SET BY THE DEPARTMENT EACH MANUFACTURER
SHALL CERTIFY TO THE DEPARTMENT THAT THE MANUFACTURER HAS  ENTERED  INTO
CONTRACTUAL  AGREEMENTS  FOR  ONE HUNDRED PERCENT OF THE WEIGHT OF ELEC-
TRONIC WASTE ASSOCIATED WITH SUCH MANUFACTURER'S ACCEPTANCE STANDARD.
  S 4. The environmental conservation law is amended  by  adding  a  new
section 27-2614 to read as follows:
S 27-2614. UNSOLD ELECTRONIC WASTE; SALE CARRY-FORWARD.
  BEGINNING  WITH  CALENDAR  YEAR  TWO THOUSAND SEVENTEEN, AN ELECTRONIC
WASTE COLLECTOR, ELECTRONIC  WASTE  CONSOLIDATOR  AND/OR  AN  ELECTRONIC
WASTE  RECYCLER  MAY BANK UNSOLD ELECTRONIC WASTE FOR SUBSEQUENT SALE IN
ANY OF THE SUCCESSIVE FOUR CALENDAR YEARS IN WHICH THE ELECTRONIC  WASTE
WAS  OBTAINED, PROVIDED HOWEVER THAT NO MORE THAN TWENTY-FIVE PERCENT OF
ANY SUCH ELECTRONIC WASTE SHALL BE SOLD IN ANY SUCH SUBSEQUENT  CALENDAR
YEAR.
  S 5. This act shall take effect immediately.

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