S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8139
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to recy-
   cling certain rechargeable batteries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4  of  section  27-1803  of  the  environmental
 conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
 amended to read as follows:
   4.  "rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
 sealed  lead,  lithium  ion,  nickel metal hydride battery, or any other
 such dry cell battery capable of being  recharged  [weighing  less  than
 twenty-five  pounds],  or  battery packs containing such batteries[; but
 shall not include a battery used as the principal electric power  source
 for  a vehicle, such as, but not limited to, an automobile, boat, truck,
 tractor, golf cart or wheelchair; for storage of  electricity  generated
 by an alternative power source, such as solar or wind-driven generators;
 or  for  memory  backup  that  is an integral component of an electronic
 device];
   § 2. Section 27-1807 of the environmental conservation law is  amended
 by adding a new subdivision 1-a to read as follows:
   1-A.  A.  ANY  CONSUMER  PURCHASING A NEW RECHARGEABLE NICKEL-CADMIUM,
 SEALED LEAD, LITHIUM ION, NICKEL METAL HYDRIDE  BATTERY,  OR  ANY  OTHER
 SUCH  DRY  CELL BATTERY CAPABLE OF BEING RECHARGED WHO DOES NOT RETURN A
 USED RECHARGEABLE BATTERY TO THE RETAILER AT THE TIME OF  SUCH  PURCHASE
 SHALL  PAY  SUCH RETAILER A RETURN INCENTIVE PAYMENT OF FIVE DOLLARS PER
 RECHARGEABLE BATTERY SOLD.
   B. A RETAILER SHALL REFUND TO A CONSUMER THE FIVE DOLLAR RETURN INCEN-
 TIVE PAYMENT COLLECTED PURSUANT TO THIS SUBDIVISION  IF,  WITHIN  THIRTY
 DAYS  OF  THE  DATE  OF  THE PURCHASE OF A NEW RECHARGEABLE BATTERY, THE
 CONSUMER RETURNS TO SUCH RETAILER A USED  RECHARGEABLE  BATTERY  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13269-01-3
              

 A. 8139                             2
 
 SAME TYPE AS THE NEWLY PURCHASED RECHARGEABLE BATTERY. ANY RETURN INCEN-
 TIVE  PAYMENT  NOT REFUNDED TO THE CONSUMER PURSUANT TO THIS SUBDIVISION
 SHALL BE RETAINED BY THE RETAILER.
   C.  IN COLLECTING A RETURN INCENTIVE PAYMENT PURSUANT TO THIS SUBDIVI-
 SION, THE RETAILER SHALL INFORM THE CONSUMER  OF  THE  RETAILER'S  OBLI-
 GATION  TO  REFUND SUCH RETURN INCENTIVE PAYMENT TO SUCH CONSUMER SHOULD
 THE CONSUMER RETURN A USED RECHARGEABLE BATTERY WITHIN THIRTY DAYS.
   § 3. This act shall take effect immediately.