S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2610
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- 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
   establishing a product stewardship program for primary batteries

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 16 to read as follows:
                                 TITLE 16
                            PRODUCT STEWARDSHIP
                           FOR PRIMARY BATTERIES
 SECTION 27-1601. DEFINITIONS.
         27-1603. PRIMARY BATTERY REGISTRATION.
         27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
         27-1607. ANNUAL REPORT; PLAN AUDIT.
         27-1609. AGENCY RESPONSIBILITIES.
         27-1611. RETAILER OBLIGATIONS.
         27-1613. ADMINISTRATIVE FEE.
         27-1615. PENALTIES.
         27-1617. RULEMAKING; PROCEDURE.
 § 27-1601. DEFINITIONS.
   WHEN USED IN THIS TITLE:
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   2.  "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
 FIES A PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO  THE  OWNER
 OR LICENSEE OF THE BRAND AS THE PRODUCER.
   3.  "COLLECTION  RATE" MEANS A PERCENTAGE BY WEIGHT THAT EACH PRODUCER
 OR PRODUCERS COLLECTS BY AN ESTABLISHED DATE. THE COLLECTION RATE  SHALL
 BE  CALCULATED  BY  WEIGHT  BASED ON THE PERCENTAGE OF PRIMARY BATTERIES
 THAT ARE COLLECTED DURING A CALENDAR YEAR, AS COMPARED  TO  THE  AVERAGE
 WEIGHT OF PRIMARY BATTERIES THAT WERE ESTIMATED TO HAVE BEEN SOLD IN THE

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

                                                            LBD06598-01-9

 S. 2610                             2
 
 STATE  BY  PARTICIPATING  PRODUCERS  DURING  THE THREE PREVIOUS CALENDAR
 YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY BE BASED  ON
 A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
   4.  "CONSUMER"  MEANS  ANY  PERSON  WHO RETURNS ANY NUMBER OF UNWANTED
 PRIMARY BATTERIES.
   5. "DISCARDED PRIMARY BATTERY" MEANS A  PRIMARY  BATTERY  THAT  IS  NO
 LONGER  USED  FOR  ITS MANUFACTURED PURPOSE, WANTED BY ITS OWNER, OR FOR
 ANY OTHER REASON ENTERS THE WASTE  COLLECTION,  RECOVERY,  TREATMENT  OR
 RECYCLING SYSTEM.
   6. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
 USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
   7.  "PRIMARY  BATTERY"  MEANS  A  NONRECHARGEABLE BATTERY WEIGHING TWO
 KILOGRAMS OR LESS, INCLUDING ALKALINE, CARBON-ZINC,  LITHIUM  METAL  AND
 BUTTON/COIN BATTERIES. PRIMARY BATTERY SHALL NOT MEAN:
   (A)  BATTERIES INTENDED FOR INDUSTRIAL, BUSINESS TO BUSINESS, WARRANTY
 OR MAINTENANCE SERVICES, OR NONPERSONAL USE;
   (B) A BATTERY THAT IS NOT EASILY REMOVABLE OR IS NOT  INTENDED  TO  BE
 REMOVED FROM A CONSUMER PRODUCT; AND
   (C)  A  BATTERY  THAT IS SOLD OR USED IN A MEDICAL DEVICE REGULATED BY
 THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
   8. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN SUBMITTED
 TO THE COMMISSIONER PURSUANT TO SECTION 27-1605  OF  THIS  TITLE  BY  AN
 INDIVIDUAL PRODUCER OR BY TWO OR MORE PRODUCERS ACTING COLLECTIVELY.
   9.  "PRODUCER"  MEANS  ONE  OF  THE FOLLOWING WITH REGARD TO A PRIMARY
 BATTERY THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE:
   A. A PERSON WHO MANUFACTURES A PRIMARY BATTERY AND WHO  SELLS,  OFFERS
 FOR  SALE,  OR  DISTRIBUTES  THAT PRIMARY BATTERY IN THE STATE UNDER THE
 PERSON'S OWN NAME OR BRAND;
   B. IF SUBPARAGRAPH A OF THIS PARAGRAPH DOES NOT APPLY,  A  PERSON  WHO
 OWNS  OR  LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY BATTERY IS
 SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE, WHETHER OR NOT  THE
 TRADEMARK IS REGISTERED; OR
   C.  IF  SUBPARAGRAPHS A AND B OF THIS PARAGRAPH DO NOT APPLY, A PERSON
 WHO IMPORTS A PRIMARY BATTERY INTO THE STATE FOR SALE OR DISTRIBUTION.
   10. "PROGRAM" OR  "STEWARDSHIP  PROGRAM"  MEANS  THE  SYSTEM  FOR  THE
 COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
 IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
   11.  "RECHARGEABLE BATTERY" SHALL HAVE THE SAME MEANING AS SUBDIVISION
 FOUR OF SECTION 27-1803 OF THIS ARTICLE.
   12. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS,  COMPO-
 NENTS,  AND  BY-PRODUCTS  ARE  TRANSFORMED INTO NEW USABLE OR MARKETABLE
 MATERIALS IN A MANNER IN WHICH THE  ORIGINAL  PRODUCTS  MAY  LOSE  THEIR
 IDENTITY,  BUT  DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY
 MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
 OR WITHOUT OTHER WASTE PRODUCTS.
   13. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY FOR SALE TO
 ANY CONSUMER OR BUSINESS AT RETAIL  IN  THE  STATE  THROUGH  ANY  MEANS,
 INCLUDING  REMOTE  OFFERINGS  SUCH  AS  SALES OUTLETS, CATALOGUES, OR AN
 INTERNET WEBSITE.
 § 27-1603. PRIMARY BATTERY REGISTRATION.
   1. SALE PROHIBITED. BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY-ONE,
 EXCEPT  AS  SET  FORTH  UNDER  THIS SUBDIVISION, A PRODUCER OF A PRIMARY
 BATTERY SHALL NOT SELL, OFFER FOR SALE, OR DELIVER  TO  A  RETAILER  FOR
 SUBSEQUENT  SALE  A PRIMARY BATTERY UNLESS ALL OF THE FOLLOWING HAS BEEN
 MET:

 S. 2610                             3
 
   A. THE PRODUCER IS REGISTERED UNDER AN APPROVED AND IMPLEMENTED PRIMA-
 RY BATTERY STEWARDSHIP PLAN;
   B.  THE  PRODUCER OR PRODUCERS HAVE PAID THE FEE UNDER SECTION 27-1613
 OF THIS TITLE; AND
   C. THE PRODUCER OR PRODUCERS AND THE BRAND OF SUCH PRODUCER OR PRODUC-
 ERS DESIGNATED ON THE DEPARTMENT WEBSITE ARE IDENTIFIED AS COVERED BY AN
 APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
   2. NEW PRODUCERS. A PRODUCER WHO, AFTER JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-ONE,  SEEKS  TO  SELL,  OFFER  FOR SALE, OR OFFER FOR PROMOTIONAL
 PURPOSES IN THE STATE A PRIMARY  BATTERY  NOT  PREVIOUSLY  SOLD  IN  THE
 STATE,  SHALL  NOTIFY  THE  COMMISSIONER  PRIOR TO SELLING OR OFFERING A
 PRODUCT NOT COVERED BY A STEWARDSHIP PLAN IN THE STATE. THE COMMISSIONER
 SHALL LIST A PRODUCER WHO SUPPLIES NOTICE UNDER THIS  SUBDIVISION  AS  A
 "NEW  PRODUCER"  ON  THE DEPARTMENT'S WEBSITE.  A PRODUCER THAT SUPPLIES
 NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY DAYS TO EITHER ACT COOP-
 ERATIVELY WITH AT LEAST ONE OTHER PRODUCER OR TO SUBMIT ITS OWN  PRIMARY
 BATTERY STEWARDSHIP PLAN FOR APPROVAL TO THE STATE.
   3. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
 UTES,  OR  IMPORTS  IN  THE  STATE PRIMARY BATTERIES WITH A TOTAL RETAIL
 VALUE OF LESS THAN  FIVE  HUNDRED  DOLLARS  SHALL  BE  EXEMPT  FROM  THE
 REQUIREMENTS OF THIS TITLE.
 § 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
   1.  PRIMARY  BATTERY  STEWARDSHIP  PLAN  REQUIRED.  ON OR BEFORE APRIL
 FIRST, TWO THOUSAND TWENTY, EACH PRODUCER SELLING, OFFERING FOR SALE, OR
 OFFERING FOR PROMOTIONAL PURPOSES A PRIMARY BATTERY IN THE  STATE  SHALL
 INDIVIDUALLY  OR  AS  PART OF A PRIMARY BATTERY STEWARDSHIP ORGANIZATION
 SUBMIT A PRIMARY  BATTERY  STEWARDSHIP  PLAN  TO  THE  COMMISSIONER  FOR
 REVIEW.
   2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
 RY  BATTERY  STEWARDSHIP  PLAN  SHALL  INCLUDE, AT A MINIMUM, ALL OF THE
 FOLLOWING ELEMENTS:
   A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
 SHALL LIST:
   (I) ALL PARTICIPATING PRODUCERS AND CONTACT INFORMATION  FOR  EACH  OF
 THE PARTICIPATING PRODUCERS; AND
   (II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
   B.  FREE  COLLECTION.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN SHALL
 PROVIDE FOR THE FREE COLLECTION OF PRIMARY BATTERIES FROM  CONSUMERS.  A
 PRODUCER  SHALL  NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY BASED ON
 THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
   C. COLLECTION; CONVENIENCE.  EACH  PRIMARY  BATTERY  STEWARDSHIP  PLAN
 SHALL:
   (I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
 Y-CONTAINING  PRODUCTS  COVERED UNDER THE PLAN AND ALL MUNICIPALITIES TO
 OPT TO BE A COLLECTION FACILITY;
   (II) PROVIDE, AT A MINIMUM, NO FEWER  THAN  TWO  PERMANENT  COLLECTION
 FACILITIES  IN  EACH  COUNTY IN THE STATE WITH A POPULATION OF LESS THAN
 FIFTY THOUSAND PEOPLE; NO LESS THAN THREE DROP-OFF LOCATIONS  FOR  COUN-
 TIES  WITH  POPULATIONS BETWEEN FIFTY THOUSAND AND ONE HUNDRED THOUSAND;
 AND FOR ALL COUNTIES WITH A POPULATION GREATER THAN  ONE  HUNDRED  THOU-
 SAND,  AT  LEAST  ONE LOCATION WITHIN EACH TOWN, VILLAGE AND CITY WITH A
 POPULATION GREATER THAN FIFTY THOUSAND; AND
   (III) PROVIDE FOR THE ACCEPTANCE FROM  A  CONSUMER  OF  UP  TO  TWENTY
 BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
 TWENTY BATTERIES PER VISIT FROM A CONSUMER.

 S. 2610                             4
 
   D.  METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN SHALL
 INCLUDE A DESCRIPTION OF THE METHOD THAT WILL BE USED TO RESPONSIBLY AND
 PROPERLY MANAGE DISCARDED PRIMARY BATTERIES AND ENSURE THAT  THE  COMPO-
 NENTS OF THE DISCARDED PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND
 TECHNICALLY FEASIBLE, ARE RECYCLED.
   E.  ROLES  AND  RESPONSIBILITIES.  A  PRIMARY BATTERY STEWARDSHIP PLAN
 SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
 INCLUDING:
   (I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
 BATTERIES UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT  INFORMATION
 FOR EACH FACILITY;
   (II)  THE  NAME AND CONTACT INFORMATION OF A TRANSPORTER OR CONTRACTOR
 COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
   (III) THE NAME, ADDRESS, AND  CONTACT  INFORMATION  OF  THE  RECYCLING
 FACILITIES THAT PROCESS THE COLLECTED PRIMARY BATTERIES.
   F.  EDUCATION  AND  OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
 INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE  EDUCATION  AND  OUTREACH
 PROGRAM  MAY  INCLUDE  MEDIA  ADVERTISING,  RETAIL DISPLAYS, ARTICLES IN
 TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC  EDUCATIONAL
 EFFORTS.  THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
 PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM  TO  BUSI-
 NESSES,  MUNICIPALITIES, RETAILERS, WHOLESALERS, AND TRANSPORTERS.  AT A
 MINIMUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE  PUBLIC  OF
 THE FOLLOWING:
   (I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
 AND
   (II)  THE  LOCATION  OF  COLLECTION  POINTS  AND  HOW  TO  ACCESS  THE
 COLLECTION PROGRAM.
   G. THE ESTABLISHMENT OF PERFORMANCE GOALS TO MEASURE  THE  SUCCESS  OF
 THE  PROGRAM  AND  A  DESCRIPTION OF HOW THE PROGRAM WILL BE DESIGNED TO
 MEET OR EXCEED THESE GOALS.
   3. IMPLEMENTATION. A PRODUCER OR PRODUCERS SHALL INCLUDE PROVISIONS IN
 THE PLAN FOR THE IMPLEMENTATION OF THE PROGRAM IN CONJUNCTION WITH THOSE
 RETAILERS AND MUNICIPALITIES ACTING AS  COLLECTION  FACILITIES  UNDER  A
 PROGRAM.  IMPLEMENTATION OF THE PROGRAM SHALL BE AT NO COST TO RETAILERS
 OR MUNICIPALITIES ACTING AS COLLECTION FACILITIES  UNDER  A  PROGRAM.  A
 PRODUCER SHALL PROVIDE RETAILERS AND MUNICIPALITIES ACTING AS COLLECTION
 FACILITIES  PRODUCTS  OR EQUIPMENT FOR SETTING UP A COLLECTION POINT AND
 FOR PROVIDING FOR THE PICKUP OF COLLECTED PRIMARY  BATTERIES,  INCLUDING
 ARRANGING FOR THE MANAGEMENT OF THOSE PRIMARY BATTERIES.
 § 27-1607. ANNUAL REPORT; PLAN AUDIT.
   1.  ANNUAL  REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-TWO,
 AND ANNUALLY THEREAFTER, A PRODUCER OR  A  PRIMARY  BATTERY  STEWARDSHIP
 ORGANIZATION SHALL SUBMIT A REPORT TO THE COMMISSIONER THAT CONTAINS THE
 FOLLOWING:
   A.  THE  WEIGHT  OF  PRIMARY  BATTERIES  COLLECTED  BY THE PRODUCER OR
 PRODUCERS ACTING COOPERATIVELY IN THE PRIOR CALENDAR YEAR;
   B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
   C. SPECIFIES THE COLLECTION FACILITIES THAT  FAILED  IN  THE  PREVIOUS
 CALENDAR  YEAR  TO  COLLECT A MINIMUM OF ONE HUNDRED POUNDS BY WEIGHT OF
 PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
 NATED FROM THE PRODUCER'S PLAN OR THE PLAN OF PRODUCERS ACTING  COOPERA-
 TIVELY;
   D.  THE  LOCATIONS  FOR  ALL COLLECTION POINTS SET UP BY THE PRODUCERS
 COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;

 S. 2610                             5
 
   E. EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO  INCREASE
 COLLECTION;
   F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
   G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
   H.  THE  COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE COSTS OF
 COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
   2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
 IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
 OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
 COLLECTING AND RECYCLING  PRIMARY  BATTERIES.  THE  INDEPENDENT  AUDITOR
 SHALL  EXAMINE  THE  COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
 THAT OF COLLECTION PROGRAMS FOR PRIMARY  BATTERIES  IN  OTHER  JURISDIC-
 TIONS.    THE  INDEPENDENT  AUDITOR  SHALL  MAKE  RECOMMENDATIONS TO THE
 COMMISSIONER ON WAYS TO INCREASE PROGRAM  EFFICACY  AND  COST-EFFECTIVE-
 NESS.
 § 27-1609. AGENCY RESPONSIBILITIES.
   1.  APPROVAL  OF  PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
 STEWARDSHIP PLAN, THE COMMISSIONER  SHALL  DETERMINE  WHETHER  THE  PLAN
 COMPLIES  WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
 COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY  THE  APPLI-
 CANT  OF  THE  PLAN  APPROVAL  IN WRITING. IF THE COMMISSIONER REJECTS A
 PLAN, THE COMMISSIONER SHALL NOTIFY THE  APPLICANT  IN  WRITING  OF  THE
 REASONS  FOR  REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
 THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER  WITHIN
 FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
   2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
 SHALL  BE  APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
 HIS OR HER DISCRETION OR AT THE REQUEST OF A  PRODUCER,  MAY  REQUIRE  A
 PRODUCER OR PRODUCERS TO AMEND AN APPROVED PLAN.
   3.  PUBLIC  NOTICE.  THE  COMMISSIONER  SHALL  POST  ALL  PROPOSED AND
 APPROVED PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE.
   4. PUBLIC INPUT. THE COMMISSIONER  SHALL  ESTABLISH  A  PROCESS  UNDER
 WHICH  A  PRIMARY  BATTERY  STEWARDSHIP  PLAN, PRIOR TO PLAN APPROVAL OR
 AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
   5. REGISTRATIONS. THE COMMISSIONER SHALL ACCEPT, REVIEW,  AND  APPROVE
 OR  DENY  PRIMARY  BATTERY  STEWARDSHIP  PLANS  SUBMITTED  UNDER SECTION
 27-1605 OF THIS TITLE.
   6. AGENCY WEBSITE. THE COMMISSIONER  SHALL  MAINTAIN  A  WEBSITE  THAT
 INCLUDES  THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
 APPROVED PLANS. THE WEBSITE SHALL LIST ALL  OF  AN  APPROVED  PRODUCER'S
 BRANDS  COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
 COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS  OF
 RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
   7.  TERM  OF  STEWARDSHIP  PLAN.  A  PRIMARY  BATTERY STEWARDSHIP PLAN
 APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
 EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
 THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
 § 27-1611. RETAILER OBLIGATIONS.
   1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF  THIS
 SECTION,  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO RETAILER
 SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY UNLESS THE  RETAILER  HAS
 REVIEWED THE DEPARTMENT'S WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION
 27-1609  OF  THIS  TITLE  TO  DETERMINE THAT THE PRODUCER OF THE PRIMARY
 BATTERY IS IMPLEMENTING AN APPROVED BATTERY STEWARDSHIP PLAN.

 S. 2610                             6
 
   2. INVENTORY  EXCEPTION;  EXPIRATION  OR  REVOCATION  OF  MANUFACTURER
 REGISTRATION.  A  RETAILER SHALL NOT BE RESPONSIBLE FOR AN UNLAWFUL SALE
 OF A PRIMARY BATTERY UNDER THIS SECTION IF:
   A.  THE RETAILER PURCHASED THE PRIMARY BATTERY PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY-ONE AND SELLS THE BATTERY OR PRODUCT  ON  OR  BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-TWO; OR
   B.  THE  PRODUCER'S  STEWARDSHIP  PLAN EXPIRED OR WAS REVOKED, AND THE
 RETAILER TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY  BATTERIES
 PRIOR  TO  THE  EXPIRATION  OR  REVOCATION OF THE PRODUCER'S STEWARDSHIP
 PLAN.
 § 27-1613. ADMINISTRATIVE FEE.
   1. FEE ASSESSED. A PRODUCER ACTING INDIVIDUALLY SHALL  PAY  A  FEE  OF
 SEVEN THOUSAND FIVE HUNDRED DOLLARS ANNUALLY AND A PRODUCER ACTING COOP-
 ERATIVELY  WITH  AT  LEAST ONE OTHER PRODUCER SHALL PAY A FEE OF FIFTEEN
 THOUSAND  DOLLARS  ANNUALLY  FOR  OPERATION  UNDER  A  STEWARDSHIP  PLAN
 APPROVED BY THE COMMISSIONER UNDER SECTION 27-1609 OF THIS TITLE.
   2.  DISPOSITION  OF  FEE.  THE FEES COLLECTED UNDER SUBDIVISION ONE OF
 THIS SECTION SHALL BE DEPOSITED IN THE  HAZARDOUS  WASTE  REMEDIAL  FUND
 UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
 § 27-1615. PENALTIES.
   A  PRODUCER  WHO  VIOLATES  THE  REQUIREMENTS  OF  THIS TITLE SHALL BE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND  DOLLARS  PER  DAY
 FOR EACH DAY OF NONCOMPLIANCE.
 § 27-1617. RULEMAKING; PROCEDURE.
   THE  COMMISSIONER  MAY  ADOPT  RULES  OR  PROCEDURES  TO IMPLEMENT THE
 REQUIREMENTS OF THIS TITLE.
   § 2. The department of  environmental  conservation  shall  work  with
 primary  battery manufacturers to explore ways to develop labeling high-
 lighting the existence of battery recycling programs.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.