BILL NUMBER: S7142

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to rechargeable battery recycling

 
PURPOSE OF BILL:

To maximize the removal of unwanted rechargeable batteries from the
solid waste stream.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph b of subdivision 2 of section
27-1807 of the environmental conservation law as amended by chapter 562
of the laws of 2010 to require that reports of battery recycling activ-
ity submitted by retailers under current law include the weight of
rechargeable batteries received for recycling within the city with a
population of one million or more.

Section 2 of the bill amends Section 27-1809 of the environmental
              

conservation law to include a new subdivision 5 which would permit
enforcement of section 27-1805 and subdivision one of section 27-1807 of
the environmental conservation law within a city with a population of
one million or more by an agency designated by the mayor of such city
with violations returnable to the environmental control board of such
city.

Section 3 of the bill amends Section 27-1811 of the environmental
conservation law as added by chapter 562 of the laws of 2010 to clarify
that the enforcement provisions in section 2 of the bill are not
preempted in this subdivision.

Section 4 of the bill sets for the effective date.

 
JUSTIFICATION:

It is in the public interest of New York State to maximize the removal
of unwanted rechargeable batteries from the solid waste stream by
banning their disposal from the solid waste stream, and requiring
retailers and manufacturers of rechargeable batteries to take back and
properly dispose of unwanted rechargeable batteries. The New York State
law regarding the recycling of rechargeable batteries, enacted in 2010,
A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring
rechargeable battery retailers and manufacturers to establish a compre-
hensive system for the collection, handling and proper disposal of
rechargeable batteries.

The State Rechargeable Battery Law preempted Local Law No. 97 of the
City of New York for the year 2005, which required retailers and manu-
factures of rechargeable batteries to create a comprehensive system to
receive rechargeable batteries for recycling. This program had been
successful in the City of New York largely because of the City's ability
to provide effective enforcement. In 2006, prior to the law being imple-
mented and enforced, NYC had 541 retail locations that were registered
with the Call2Recycle Program. In 2007, this number increased to 854
locations (a Sat increase). In 2008, after DSNY's initial enforcement
action, there were 3,031 (a 255% increase). In 2009, the number
increased to 3,165 retail locations and continued with enforcement to
climb incrementally. Finally, since 2011, all New York retailers (except
for grocers occupying less than 14,000 square feet of display space) who
sell rechargeable batteries have been required to accept used batteries
of the same type for recycling, display signage, and educate customers
about this program. Clearly, the initial enforcement push had a huge
impact on the number of participating retail locations. Continued
enforcement has maintained a high level of compliance.

In amending the State Rechargeable Battery Law to give the City co-en-
forcement authority, this bill seeks to build on the City's earlier
experience and success in implementing and enforcing rechargeable
battery recycling.

The bill's requirement that existing annual reports of rechargeable
battery recycling activity include the weight of such batteries received
would enable the City to count the weight of rechargeable batteries
towards the City's recycling goals under Local Law No. 40.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

New York City is permitted, but not required, to enforce section 27-1805
and subdivision one of section 27-1807 of the environmental conservation
law, with some associated costs, likely offset by civil penalties that
would be paid into the city's general fund.  IMPACT ON REGULATION OF
BUSINESSES AND INDIVIDUALS:  Retailers in New York City would be
required to submit the weight of rechargeable batteries received through
the battery recycling program.

 
IMPACT ON PINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:  ,sk 1 None.

 
LEGISLATIVE HISTORY:

2016: A05851 (Kavanagh) Environmental Conservation
2015: A05851 (Kavanagh) Environmental Conservation
2014: A00080 (Kavanagh) Environmental Conservation
2013: A00080 (Kavanagh) Environmental Conservation
2012: A09529A (Kavanagh) Environmental Conservation

 
EFFECTIVE DATE:
This act shall take effect immediately.