S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1095
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 recy-
   cling of electronic products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Paragraph (d) of subdivision 1 of section 27-2605 of the
 environmental conservation law, as added by chapter 99 of  the  laws  of
 2010, is amended to read as follows:
   (d) a general description of the manner in which the manufacturer will
 comply  with  section 27-2603 of this title, including specific informa-
 tion on the manufacturer's electronic waste acceptance  program  in  the
 state,  [and] a current list of locations within the state where consum-
 ers may return electronic waste, AND A DESCRIPTION OF THE PUBLIC  EDUCA-
 TION  AND OUTREACH PROGRAM REQUIRED BY PARAGRAPH (C) OF SUBDIVISION FIVE
 OF THIS SECTION;
   § 2. Paragraphs (a) and (c) of subdivision 5 of section 27-2605 of the
 environmental conservation law, as added by chapter 99 of  the  laws  of
 2010, are amended to read as follows:
   (a)  collection,  handling  and recycling or reuse of electronic waste
 pursuant to section 27-2603 of this title  in  a  manner  convenient  to
 consumers. [The following acceptance methods shall be considered reason-
 ably  convenient: (i) mail or ship back return programs; (ii) collection
 or acceptance events conducted by the manufacturer or the manufacturer's
 agent or designee, including events conducted through local  governments
 or  private  parties; (iii) fixed acceptance locations such as dedicated
 acceptance sites operated by the manufacturer or its agent or  designee;
 (iv) agreements with local governments, retail stores, sales outlets and
 not-for-profit organizations which have agreed to provide facilities for
 the collection of electronic waste; (v) community collection events; and
 (vi)  any  combination of these or other acceptance methods which effec-

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

                                                            LBD01223-01-1

 S. 1095                             2

 tively provide for the acceptance of electronic waste for  recycling  or
 reuse  through  means  that  are  available and reasonably convenient to
 consumers in the state. At a minimum, the manufacturer shall ensure that
 all  counties  of  the  state, and all municipalities which have a popu-
 lation of ten thousand or greater, have at least one method  of  accept-
 ance  that  is available within such county or municipality. The depart-
 ment  may  establish  additional  requirements  to   ensure   convenient
 collection  from  consumers]  TO MEET MINIMUM COLLECTION REQUIREMENTS, A
 MANUFACTURER OR THE MANUFACTURER'S AGENT OR DESIGNEE SHALL USE GEOGRAPH-
 IC MODELING TO DETERMINE THE NUMBER AND DISTRIBUTION OF PERMANENT  SITES
 TO  BE  OPERATED  BY  THE  MANUFACTURER  OR  ITS  AGENT  OR DESIGNEE FOR
 COLLECTION OF COVERED ELECTRONIC EQUIPMENT BASED ON THE FOLLOWING CRITE-
 RIA: (I) AT LEAST NINETY PERCENT OF NEW  YORK  RESIDENTS  SHALL  HAVE  A
 COLLECTION  SITE  WITHIN  A FIFTEEN MILE RADIUS OF THEIR PRINCIPAL RESI-
 DENCE; AND (II) ONE ADDITIONAL PERMANENT COLLECTION SITE WILL BE  ESTAB-
 LISHED  FOR  EVERY  FIFTY  THOUSAND  RESIDENTS  OF AN URBANIZED AREA (AS
 DEFINED BY THE UNITED STATES CENSUS BUREAU).
   IN ADDITION, A MANUFACTURER OR ITS AGENT OR ITS DESIGNEE, SHALL ENSURE
 THAT: (I) IN COUNTIES WITH POPULATIONS BETWEEN SIXTY-FIVE  THOUSAND  AND
 THREE  HUNDRED THOUSAND PEOPLE, THERE SHALL BE NO LESS THAN THREE PERMA-
 NENT COLLECTION LOCATIONS FOR COLLECTION OF  COVERED  ELECTRONIC  EQUIP-
 MENT;  AND  (II)  IN COUNTIES WITH LESS THAN SIXTY-FIVE THOUSAND PEOPLE,
 THERE SHALL BE, AT A MINIMUM, THREE COMMUNITY COLLECTION  OR  ACCEPTANCE
 EVENTS  CONDUCTED ON AN ANNUAL BASIS BY THE MANUFACTURER OR THE MANUFAC-
 TURER'S AGENT OR DESIGNEE, OR ON BEHALF OF THE MANUFACTURER OR ITS AGENT
 OR DESIGNEE BY A LOCAL GOVERNMENT OR PRIVATE  PARTY.  THE  SCHEDULE  FOR
 SUCH  COLLECTION  EVENTS  SHALL  BE  MADE  AVAILABLE  TO  THE PUBLIC AND
 PROVIDED TO THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH
 YEAR.
   PERMANENT COLLECTION LOCATIONS MAY BE OPERATED BY THE MANUFACTURER  OR
 ITS  AGENT  OR  DESIGNEE,  OR BY LOCAL GOVERNMENTS, RETAIL STORES, SALES
 OUTLETS, AND NOT-FOR-PROFIT ORGANIZATIONS WHICH  HAVE  AGREED  WITH  THE
 MANUFACTURER  OR  ITS  AGENT  OR  DESIGNEE TO PROVIDE FACILITIES FOR THE
 COLLECTION OF ELECTRONIC WASTE.
   NOTHING IN THIS SECTION SHALL PROHIBIT A COUNTY OR SOLID WASTE AUTHOR-
 ITY, AT ITS DISCRETION, TO ESTABLISH A  PERMANENT  COLLECTION  SITE  FOR
 ELECTRONIC WASTE TO MEET THE CONVENIENCE STANDARD, AND THE MANUFACTURER,
 OR  ITS AGENT OR DESIGNEE, SHALL ACCEPT ALL COVERED ELECTRONIC EQUIPMENT
 SO COLLECTED AT NO COST TO THE MUNICIPALITY, AND SHALL REIMBURSE TO  THE
 MUNICIPALITY  THE  REASONABLE COSTS OF PREPARING THE COLLECTED EQUIPMENT
 FOR SHIPMENT.
   A MANUFACTURER MAY PARTICIPATE WITH OTHER MANUFACTURERS IN  A  COLLEC-
 TIVE  ELECTRONIC  WASTE  ACCEPTANCE  PROGRAM  TO ACHIEVE THE CONVENIENCE
 STANDARD ESTABLISHED HEREIN;
   (c) a public education AND  OUTREACH  program,  DEVELOPED  IN  COLLAB-
 ORATION  WITH THE MANUFACTURER AND THE OPERATOR OF EACH ELECTRONIC WASTE
 COLLECTION SITE WHERE THE MANUFACTURER'S COVERED ELECTRONIC EQUIPMENT IS
 COLLECTED, to inform consumers about the manufacturer's electronic waste
 acceptance program, including at a minimum ONE OR MORE OF THE FOLLOWING:
 (i) an internet website and a toll-free telephone number PROVIDED BY THE
 MANUFACTURER and written information included in the product manual for,
 or at the time of sale of, covered electronic  equipment  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  in  the case of manufacturers of computers, hard drives and
 other covered electronic equipment that have internal  memory  on  which

 S. 1095                             3

 personal  or  other  confidential data can be stored, such website shall
 provide instructions for how consumers  can  destroy  such  data  before
 surrendering  the  products  for recycling or reuse; (ii) advertisements
 and  press releases [if any]; AND (III) POST-PURCHASE ELECTRONIC NOTIFI-
 CATION FROM THE MANUFACTURER TO CONSUMERS; and
   § 3. Subdivision 8 of section 27-2605 of the  environmental  conserva-
 tion law, as added by chapter 99 of the laws of 2010, is amended to read
 as follows:
   8.  A  manufacturer shall be responsible for all costs associated with
 the implementation of the electronic waste acceptance program, INCLUDING
 BUT NOT LIMITED TO ALL COSTS OF COLLECTION, TRANSPORTATION AND RECYCLING
 OF COVERED ELECTRONIC EQUIPMENT.  A MANUFACTURER SHALL CONTINUE TO COVER
 THE FULL COSTS OF COLLECTION, TRANSPORTATION AND  RECYCLING  OF  COVERED
 ELECTRONIC EQUIPMENT, AND ITS COLLECTION RESPONSIBILITIES UNDER SUBDIVI-
 SION  ONE  OF  THIS  SECTION  SHALL  CONTINUE, REGARDLESS OF WHETHER THE
 ACCEPTANCE STANDARD IN SUBDIVISION FOUR OF SECTION 27-2603 OF THIS ARTI-
 CLE IS ACHIEVED FOR THE YEAR.  The manufacturer OR ITS AGENT  shall  not
 charge  consumers,  MUNICIPALITIES  OR ELECTRONIC WASTE COLLECTION SITES
 for the collection, handling  and  recycling  and  reuse  of  electronic
 waste,  provided  that  such  prohibition shall not apply to a charge on
 business consumers or to charges for premium services. This  prohibition
 shall  not  apply  to  a manufacturer's contract with a consumer for the
 collection, handling, recycling or reuse of electronic  waste  that  was
 entered  into  prior to the effective date of this section. For purposes
 of this subdivision, "business consumer" means a for-profit entity which
 has fifty or more full time employees or  a  not-for-profit  corporation
 with  seventy-five or more full time employees, but not a not-for-profit
 corporation designated under section 501(c)(3) of the  internal  revenue
 code.  For purposes of this subdivision, "premium services" means equip-
 ment and data security services, refurbishment for reuse by the  consum-
 er, and other custom services as may be determined by the department.
   §  4. Section 27-2603 of the environmental conservation law is amended
 by adding a new subdivision 8 to read as follows:
   8. A PERSON OPERATING AN ELECTRONIC WASTE COLLECTION  SITE,  AN  ELEC-
 TRONIC  WASTE  CONSOLIDATION  FACILITY  OR AN ELECTRONIC WASTE RECYCLING
 FACILITY AND HAVING A REASONABLE GROUND TO BELIEVE THAT  A  MANUFACTURER
 HAS  FAILED  OR IS FAILING TO COVER ALL COSTS OF COLLECTION, TRANSPORTA-
 TION OR RECYCLING OF  COVERED  ELECTRONIC  EQUIPMENT,  MAY  REQUEST  THE
 DEPARTMENT  TO  INVESTIGATE  SUCH ALLEGED FAILURE AND, UPON A FINDING BY
 THE DEPARTMENT THAT THE MANUFACTURER HAS FAILED OR IS FAILING  TO  COVER
 SUCH  COSTS,  THE  DEPARTMENT  SHALL  ORDER THE MANUFACTURER TO PAY SUCH
 COSTS.
   § 5. Paragraphs (f) and (h) of subdivision 1 of section 27-2617 of the
 environmental conservation law, as added by chapter 99 of  the  laws  of
 2010, are amended to read as follows:
   (f)  the  names and locations of electronic waste recycling facilities
 utilized by the manufacturer and entities to which electronic  waste  is
 sent  for reuse, whether  SUCH FACILITIES OR ENTITIES ARE LOCATED in the
 state or outside the state, including details on the methods of  recycl-
 ing  or  reuse of electronic waste, any disassembly or physical recovery
 operation used, and the environmental management measures implemented by
 [such] EACH recycling facility or entity IDENTIFIED BY THE  MANUFACTURER
 UNDER THIS PARAGRAPH;
   (h)  a  [brief] description of [its] THE public education AND OUTREACH
 program REQUIRED BY PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION 27-2605
 OF THIS TITLE, including the number of visits to  the  internet  website

 S. 1095                             4
 
 and calls to the toll-free telephone number provided by the manufacturer
 [as  required  by  section  27-2605  of  this  title], COPIES OF WRITTEN
 NOTICES, AND NUMBER OF POST-PURCHASE ELECTRONIC  NOTIFICATIONS  SENT  TO
 CONSUMERS;
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.