S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    643
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
   rechargeable battery recycling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 2  of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, is amended to read as follows:
   b. Submittance  to  the  department  of  annual  reports,  on  a  form
 prescribed  by  the  department,  concerning  the amount of rechargeable
 batteries received within the state and recycled either by number or  by
 weight; the costs of such efforts; and any other relevant information as
 required  by  the department.   SUCH REPORTS SHALL INCLUDE THE WEIGHT OF
 RECHARGEABLE BATTERIES RECEIVED WITHIN A CITY WITH A POPULATION  OF  ONE
 MILLION OR MORE.
   §  2. Section 27-1809 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. IN ADDITION TO ANY ENFORCEMENT OF THIS TITLE  BY  THE  COMMISSIONER
 PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, THE PROVISIONS  OF  SECTION  27-1805  AND
 SUBDIVISION  ONE  OF SECTION 27-1807 OF THIS TITLE MAY BE ENFORCED BY AN
 AGENCY OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY.  ANY NOTICE  OF
 VIOLATION  ISSUED  BY  AN  AGENCY  DESIGNATED  BY THE MAYOR OF SUCH CITY
 CHARGING A VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE  OF  SECTION
 27-1807  OF  THIS TITLE SHALL BE RETURNABLE TO THE OFFICE OF ADMINISTRA-
 TIVE TRIALS AND HEARINGS OF SUCH CITY.  SUCH  OFFICE  OF  ADMINISTRATIVE
 TRIALS  AND  HEARINGS SHALL HAVE THE POWER TO IMPOSE THE CIVIL PENALTIES
 SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION. ALL  CIVIL
 PENALTIES  COLLECTED  FOR  ANY  VIOLATION  OF  THIS TITLE THAT HAVE BEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-01-3
 S. 643                              2
              

 
 IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY
 SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   §  3.  Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery recycl-
 ing is, by this title, vested exclusively in the state. Any provision of
 any local law or ordinance, or any rule or regulation promulgated there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 4. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   rechargeable battery recycling
 
   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,  INCLUD-
 ING  RECHARGEABLE  BATTERIES  EMBEDDED IN CONSUMER DEVICES SUCH AS TOYS,
 APPLIANCES AND PERSONAL CARE DEVICES; 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 wheel-
 chair, EXCEPT SUCH TERM SHALL INCLUDE A BATTERY USED  AS  THE  PRINCIPAL
 ELECTRIC  POWER  SOURCE FOR AN ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC
 ASSIST; 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. Paragraph b of subdivision 2 of section 27-1807 of  the  environ-
 mental conservation law, as added by chapter 562 of the laws of 2010, is
 amended to read as follows:
   b.  Submittance  to  the  department  of  annual  reports,  on  a form
 prescribed by the department,  concerning  the  amount  of  rechargeable
 batteries  received within the state and recycled either by number or by
 weight; the costs of such efforts; and any other relevant information as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-02-3
              

 S. 643--A                           2
 
 required by the department.  SUCH REPORTS SHALL INCLUDE  THE  WEIGHT  OF
 RECHARGEABLE  BATTERIES  RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE.
   §  3.  Subdivision 2 of section 27-1807 of the environmental conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D. PROVIDING FOR THE SAFE COLLECTION AND DISPOSAL OF  DAMAGED,  DEFEC-
 TIVE,  OR  RECALLED  BATTERIES  COLLECTED BY RETAILERS AND BY GOVERNMENT
 AGENCIES.
   § 4. Section 27-1809 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.  IN  ADDITION  TO ANY ENFORCEMENT OF THIS TITLE BY THE COMMISSIONER
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, IN A  CITY  WITH  A  POPU-
 LATION  OF  ONE  MILLION  OR MORE, THE PROVISIONS OF SECTION 27-1805 AND
 SUBDIVISION ONE OF SECTION 27-1807 OF THIS TITLE MAY BE ENFORCED  BY  AN
 AGENCY  OR AGENCIES DESIGNATED BY THE MAYOR OF SUCH CITY.  ANY NOTICE OF
 VIOLATION ISSUED BY AN AGENCY DESIGNATED  BY  THE  MAYOR  OF  SUCH  CITY
 CHARGING  A  VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE OF SECTION
 27-1807 OF THIS TITLE SHALL BE RETURNABLE TO THE OFFICE  OF  ADMINISTRA-
 TIVE  TRIALS  AND  HEARINGS  OF SUCH CITY. SUCH OFFICE OF ADMINISTRATIVE
 TRIALS AND HEARINGS SHALL HAVE THE POWER TO IMPOSE THE  CIVIL  PENALTIES
 SET  FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION. ALL CIVIL
 PENALTIES COLLECTED FOR ANY VIOLATION  OF  THIS  TITLE  THAT  HAVE  BEEN
 IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY
 SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   §  5.  Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery recycl-
 ing is, by this title, vested exclusively in the state. Any provision of
 any local law or ordinance, or any rule or regulation promulgated there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 6. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--C
     Cal. No. 815
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   rechargeable battery recycling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  article  heading  of article 27 of the environmental
 conservation law is amended to read as follows:
                 REDUCTION, COLLECTION, REUSE, RECYCLING,
       TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND
                     EXTENDED PRODUCER RESPONSIBILITY

   § 2. The title heading of title 18 of article 27 of the  environmental
 conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
 amended to read as follows:
                   EXTENDED PRODUCER RESPONSIBILITY FOR
                RECHARGEABLE [BATTERY RECYCLING] BATTERIES
 
   § 3. Section 27-1801 of the environmental conservation law,  as  added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1801. Short title.
   This title shall be known as and may be cited as the "[New York State]
 EXTENDED  PRODUCER  RESPONSIBILITY  LAW  FOR  Rechargeable [Battery Law]
 BATTERIES".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-07-3
              

 S. 643--C                           2
 
   § 4. Subdivision 4 of section 27-1803 of the  environmental  conserva-
 tion  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,  EXCEPT  SUCH TERM SHALL INCLUDE A
 BATTERY USED AS THE PRINCIPAL ELECTRIC  POWER  SOURCE  FOR  AN  ELECTRIC
 SCOOTER  OR  BICYCLE  WITH  ELECTRIC  ASSIST; 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;
   § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, are amended to read as follows:
   a. Retailers having a place of business in the state shall accept from
 consumers  at  any  time  during  normal  business  hours   rechargeable
 batteries  of  a similar size and shape as the retailer offers for sale.
 Retailers shall take up to ten such batteries per day  from  any  person
 regardless  of  whether such person purchases replacement batteries, and
 retailers shall also  accept  as  many  such  batteries  as  a  consumer
 purchases  from  the  retailer.  Retailers  shall conspicuously post and
 maintain, at or near the point of entry to  the  place  of  business,  a
 legible  sign,  not less than eight and one-half inches by eleven inches
 in size, stating that used rechargeable batteries of the size and  shape
 sold  or  offered for sale by the retailer may not enter the solid waste
 stream, and that the retail establishment is a collection site for recy-
 cling such batteries. Such sign shall state the following in letters  at
 least  one  inch  in  height:  "It is illegal to dispose of rechargeable
 batteries in [the state of] New York STATE as  solid  waste.  We  accept
 used rechargeable batteries for return to the manufacturer."
   d.  Retailers must be in compliance with the provisions of this subdi-
 vision no later than one hundred eighty days after the effective date of
 this title OR, WITH RESPECT TO A PRODUCT THAT IS ADDED TO THE DEFINITION
 OF "RECHARGEABLE BATTERY" IN SUBDIVISION FOUR OF SECTION 27-1803 OF THIS
 TITLE, NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT  AMENDED  SUCH
 SUBDIVISION.
   §  6.  Paragraphs  a  and b of subdivision 2 of section 27-1807 of the
 environmental conservation law, as added by chapter 562 of the  laws  of
 2010, are amended to read as follows:
   a.  Within  ninety  days  of the effective date of this title OR, WITH
 RESPECT TO A PRODUCT THAT IS ADDED TO THE  DEFINITION  OF  "RECHARGEABLE
 BATTERY"  IN  SUBDIVISION  FOUR OF SECTION 27-1803 OF THIS TITLE, WITHIN
 NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER  OF  THE  LAWS  OF  TWO
 THOUSAND  TWENTY-THREE THAT AMENDED SUCH SUBDIVISION, submittance to the
 commissioner of a plan that identifies  the  methods  by  which  battery
 manufacturers  will  safely collect, transport, and recycle rechargeable
 batteries collected by retailers at the expense of the battery  manufac-
 turer  and  provide  retailers with information on the safe handling and
 storage of rechargeable batteries.
   b. Submittance  to  the  department  of  annual  reports,  on  a  form
 prescribed  by  the  department,  concerning  the amount of rechargeable
 S. 643--C                           3
 
 batteries received within the state and recycled either by number or  by
 weight; the costs of such efforts; and any other relevant information as
 required  by  the department.   SUCH REPORTS SHALL INCLUDE THE WEIGHT OF
 RECHARGEABLE  BATTERIES  RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE.
   § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
 tion law is amended by adding a new paragraph d to read as follows:
   D.  PROVIDING  FOR THE SAFE COLLECTION AND DISPOSAL OF DAMAGED, DEFEC-
 TIVE, OR RECALLED BATTERIES COLLECTED BY  RETAILERS  AND  BY  GOVERNMENT
 AGENCIES.
   §  8. Section 27-1809 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IN A CITY WITH  A
 POPULATION OF ONE MILLION OR MORE, THE PROVISIONS OF SECTION 27-1805 AND
 SUBDIVISION  ONE OF SECTION 27-1807 OF THIS TITLE SHALL ONLY BE ENFORCED
 BY AN AGENCY OR AGENCIES DESIGNATED BY THE MAYOR  OF  SUCH  CITY.    ANY
 NOTICE  OF VIOLATION ISSUED BY AN AGENCY DESIGNATED BY THE MAYOR OF SUCH
 CITY CHARGING A VIOLATION OF SECTION  27-1805  AND  SUBDIVISION  ONE  OF
 SECTION  27-1807  OF  THIS  TITLE  SHALL  BE RETURNABLE TO THE OFFICE OF
 ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY. SUCH OFFICE OF ADMINIS-
 TRATIVE TRIALS AND HEARINGS SHALL HAVE THE POWER  TO  IMPOSE  THE  CIVIL
 PENALTIES  SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION.
 ALL CIVIL PENALTIES COLLECTED FOR ANY VIOLATION OF THIS TITLE THAT  HAVE
 BEEN IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH
 CITY SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   §  9.  Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery recycl-
 ing is, by this title, vested exclusively in the state. Any provision of
 any local law or ordinance, or any rule or regulation promulgated there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 10. This act shall take effect immediately; provided, however,  that
 the amendments to paragraph a of subdivision 1 of section 27-1807 of the
 environmental  conservation  law  made by section five of this act shall
 take effect one hundred eighty days after it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--D
     Cal. No. 815
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, HOYLMAN-SIGAL -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  again  amended  and  ordered reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   rechargeable battery recycling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of  article  27  of  the  environmental
 conservation law is amended to read as follows:
                 REDUCTION, COLLECTION, REUSE, RECYCLING,
       TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND
                     EXTENDED PRODUCER RESPONSIBILITY
 
   §  2. The title heading of title 18 of article 27 of the environmental
 conservation law, as added by chapter  562  of  the  laws  of  2010,  is
 amended to read as follows:
                   EXTENDED PRODUCER RESPONSIBILITY FOR
                RECHARGEABLE [BATTERY RECYCLING] BATTERIES
 
   §  3.  Section 27-1801 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1801. Short title.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-11-3
 S. 643--D                           2
              

 
   This title shall be known as and may be cited as the "[New York State]
 EXTENDED PRODUCER RESPONSIBILITY  LAW  FOR  Rechargeable  [Battery  Law]
 BATTERIES".
   §  4.  Subdivision 4 of section 27-1803 of the environmental conserva-
 tion law, as added by chapter 562 of the laws of 2010, is amended and  a
 new subdivision 7 is added 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,  EXCEPT  SUCH TERM SHALL INCLUDE A
 BATTERY USED AS THE PRINCIPAL ELECTRIC  POWER  SOURCE  FOR  AN  ELECTRIC
 SCOOTER  OR  BICYCLE  WITH  ELECTRIC  ASSIST; 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;
   7. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF  TITLE  OR
 THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
 ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
 OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
 MEANS; "SELL" OR "SALE" SHALL NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
   § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
 environmental conservation law, as added by chapter 562 of the  laws  of
 2010, are amended to read as follows:
   a.  [Retailers]  EXCEPT  FOR RETAILERS THAT OFFER FOR SALE AN ELECTRIC
 SCOOTER OR BICYCLE WITH ELECTRIC ASSIST  OR  THE  BATTERIES  THAT  POWER
 THEM,  RETAILERS  having  a  place of business in the state shall accept
 from consumers at any time during  normal  business  hours  rechargeable
 batteries  of  a similar size and shape as the retailer offers for sale.
 Retailers shall take up to ten such batteries per day  from  any  person
 regardless  of  whether such person purchases replacement batteries, and
 retailers shall also  accept  as  many  such  batteries  as  a  consumer
 purchases from the retailer. RETAILERS MAY NOT SELL OR OFFER FOR SALE AN
 ELECTRIC  SCOOTER  OR BICYCLE WITH ELECTRIC ASSIST OR THE BATTERIES THAT
 POWER THEM UNLESS THE BATTERY MANUFACTURER IS PARTICIPATING IN A BATTERY
 COLLECTION PROGRAM APPROVED BY THE DEPARTMENT PURSUANT  TO  THIS  TITLE.
 RETAILERS  MAY  SERVE  AS  A  COLLECTION POINT FOR BATTERIES DESIGNED TO
 POWER ELECTRIC SCOOTERS OR BICYCLES WITH ELECTRIC ASSIST. Retailers THAT
 SERVE AS A COLLECTION POINT FOR BATTERIES shall conspicuously  post  and
 maintain,  at  or  near  the  point of entry to the place of business, a
 legible sign, not less than eight and one-half inches by  eleven  inches
 in  size, stating that used rechargeable batteries of the size and shape
 sold or offered for sale by the retailer may not enter the  solid  waste
 stream, and that the retail establishment is a collection site for recy-
 cling  such batteries. Such sign shall state the following in letters at
 least one inch in height: "It is  illegal  to  dispose  of  rechargeable
 batteries  in  [the  state  of] New York STATE as solid waste. We accept
 used rechargeable batteries for return to the manufacturer."
   d. Retailers must be in compliance with the provisions of this  subdi-
 vision no later than one hundred eighty days after the effective date of
 this title OR, WITH RESPECT TO A PRODUCT THAT IS ADDED TO THE DEFINITION
 OF "RECHARGEABLE BATTERY" IN SUBDIVISION FOUR OF SECTION 27-1803 OF THIS
 TITLE, NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 S. 643--D                           3
 
 THE  CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT AMENDED SUCH
 SUBDIVISION.
   §  6.  Paragraphs  a  and b of subdivision 2 of section 27-1807 of the
 environmental conservation law, as added by chapter 562 of the  laws  of
 2010, are amended to read as follows:
   a.  Within  ninety  days  of the effective date of this title OR, WITH
 RESPECT TO A PRODUCT THAT IS ADDED TO THE  DEFINITION  OF  "RECHARGEABLE
 BATTERY"  IN  SUBDIVISION  FOUR OF SECTION 27-1803 OF THIS TITLE, WITHIN
 ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY-THREE THAT AMENDED SUCH SUBDIVISION,  submittance
 to  the  commissioner  of  a  plan  that identifies the methods by which
 battery  manufacturers  will  safely  collect,  transport,  and  recycle
 rechargeable  batteries  collected  by  retailers  at the expense of the
 battery manufacturer and provide retailers with information on the  safe
 handling and storage of rechargeable batteries.
   b.  Submittance  to  the  department  of  annual  reports,  on  a form
 prescribed by the department,  concerning  the  amount  of  rechargeable
 batteries  received within the state and recycled either by number or by
 weight; the costs of such efforts; and any other relevant information as
 required by the department. WITH RESPECT TO A PRODUCT THAT IS  ADDED  TO
 THE  DEFINITION  OF  RECHARGEABLE BATTERY IN SUBDIVISION FOUR OF SECTION
 27-1803 OF  THIS  TITLE,  SUCH  REPORTS  SHALL  INCLUDE  THE  WEIGHT  OF
 RECHARGEABLE  BATTERIES  RECEIVED WITHIN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE.
   § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
 tion  law  is  amended by adding a new paragraph d and a new subdivision
 2-a is added to read as follows:
   D. AS APPLICABLE, PROVIDING FOR THE SAFE COLLECTION  AND  DISPOSAL  OF
 DAMAGED  OR  DEFECTIVE BATTERIES FROM ELECTRIC SCOOTERS OR BICYCLES WITH
 ELECTRIC ASSIST COLLECTED BY RETAILERS AND BY GOVERNMENT AGENCIES.
   2-A.  A BATTERY MANUFACTURER MAY NOT SELL, OFFER FOR SALE, OR DISTRIB-
 UTE RECHARGEABLE BATTERIES IN THE STATE UNLESS THE BATTERY  MANUFACTURER
 IS  IMPLEMENTING  OR  PARTICIPATING UNDER AN APPROVED PLAN IN ACCORDANCE
 WITH THIS SECTION.
   § 8. Section 27-1809 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IN A CITY WITH A
 POPULATION OF ONE MILLION OR MORE, THE PROVISIONS OF SECTION 27-1805 AND
 SUBDIVISION ONE OF SECTION 27-1807 OF THIS TITLE SHALL ONLY BE  ENFORCED
 BY  AN  AGENCY  OR  AGENCIES  DESIGNATED BY THE MAYOR OF SUCH CITY.  ANY
 NOTICE OF VIOLATION ISSUED BY AN AGENCY DESIGNATED BY THE MAYOR OF  SUCH
 CITY  CHARGING  A  VIOLATION  OF  SECTION 27-1805 AND SUBDIVISION ONE OF
 SECTION 27-1807 OF THIS TITLE SHALL  BE  RETURNABLE  TO  THE  OFFICE  OF
 ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH CITY. SUCH OFFICE OF ADMINIS-
 TRATIVE  TRIALS  AND  HEARINGS  SHALL HAVE THE POWER TO IMPOSE THE CIVIL
 PENALTIES SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE OF THIS  SECTION.
 ALL  CIVIL PENALTIES COLLECTED FOR ANY VIOLATION OF THIS TITLE THAT HAVE
 BEEN IMPOSED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF SUCH
 CITY SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
   § 9. Section 27-1811 of the environmental conservation law,  as  added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery recycl-
 ing is, by this title, vested exclusively in the state. Any provision of
 any local law or ordinance, or any rule or regulation promulgated there-
 to,  governing  rechargeable battery recycling shall, upon the effective
 S. 643--D                           4
 
 date of section 27-1805 of this title, be preempted; provided,  however,
 that  nothing in this section shall preclude a person from coordinating,
 for recycling or reuse, the collection  of  rechargeable  batteries  AND
 PROVIDED,  FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE
 THE ENFORCEMENT OF THIS TITLE PURSUANT TO SUBDIVISION  FIVE  OF  SECTION
 27-1809 OF THIS TITLE.
   §  10. This act shall take effect immediately; provided, however, that
 the amendments to paragraph a of subdivision 1 of section 27-1807 of the
 environmental conservation law made by section five of  this  act  shall
 take effect one hundred eighty days after it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  643--E
     Cal. No. 533
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced by Sens. KAVANAGH, ADDABBO, HARCKHAM, HOYLMAN-SIGAL, JACKSON,
   PARKER,  RHOADS,  TEDISCO, WEBB -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted,  retaining its place in the order of third reading -- again
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading -- recommitted to the Committee on Environmental Conser-
   vation  in accordance with Senate Rule 6, sec. 8 -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   rechargeable battery recycling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  article  heading  of article 27 of the environmental
 conservation law is amended to read as follows:
                 REDUCTION, COLLECTION, REUSE, RECYCLING,
         TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE
 
   § 2. The title heading of title 18 of article 27 of the  environmental
 conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
 amended to read as follows:
                   EXTENDED PRODUCER RESPONSIBILITY FOR
                RECHARGEABLE [BATTERY RECYCLING] BATTERIES

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02434-19-4
              

 S. 643--E                           2
 
   § 3. Section 27-1801 of the environmental conservation law,  as  added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1801. Short title.
   This title shall be known as and may be cited as the "[New York State]
 EXTENDED  PRODUCER  RESPONSIBILITY  LAW  FOR  Rechargeable [Battery Law]
 BATTERIES".
   § 4. Subdivision 4 of section 27-1803 of the  environmental  conserva-
 tion  law, as added by chapter 562 of the laws of 2010, is amended and a
 new subdivision 7 is added to read as follows:
   4. "rechargeable battery" means any rechargeable: (I)  nickel-cadmium,
 sealed  lead, lithium ion, nickel metal hydride battery[,]; (II) BATTERY
 USED AS THE PRINCIPAL ELECTRIC POWER SOURCE FOR AN ELECTRIC  SCOOTER  OR
 BICYCLE  WITH  ELECTRIC ASSIST; or (III) any other such dry cell battery
 capable of  being  recharged  weighing  less  than  [twenty-five]  FIFTY
 pounds,  or  battery packs containing such batteries; (IV) 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, trac-
 tor, 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;
   7.  "SELL"  OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY  ELECTRONIC
 MEANS; "SELL" OR "SALE" SHALL NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
   § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, are amended to read as follows:
   a. Retailers having a place of business in the state shall accept from
 consumers  at  any  time  during  normal  business  hours   rechargeable
 batteries  of  a  similar  SHAPE,  size [and shape], AND FUNCTION as the
 retailer offers for sale.  Retailers shall take up to ten such batteries
 per day from any person regardless  of  whether  such  person  purchases
 replacement  batteries,  and  retailers  shall  also accept as many such
 batteries as a consumer purchases from the retailer.    Retailers  shall
 conspicuously  post  and  maintain, at or near the point of entry to the
 place of business, a legible sign, not  less  than  eight  and  one-half
 inches  by  eleven  inches  in  size,  stating  that  used  rechargeable
 batteries of the size and shape sold or offered for sale by the retailer
 may not enter the solid waste stream, and that the retail  establishment
 is a collection site for recycling such batteries. Such sign shall state
 the  following in letters at least one inch in height: "It is illegal to
 dispose of rechargeable batteries in the state  of  New  York  as  solid
 waste.  We accept used rechargeable batteries for return to the manufac-
 turer."
   d. RETAILERS MAY NOT SELL OR OFFER FOR SALE TO CONSUMERS IN THE  STATE
 RECHARGEABLE  BATTERIES  UNLESS THE BATTERY MANUFACTURER IS OPERATING IN
 ACCORDANCE  WITH  A  COLLECTION,  TRANSPORTATION,  AND  RECYCLING   PLAN
 APPROVED  BY  THE  COMMISSIONER.  THE COMMISSIONER SHALL MAINTAIN ON THE
 DEPARTMENT'S WEBSITE A LIST OF  MANUFACTURERS  OPERATING  IN  ACCORDANCE
 WITH  APPROVED  PLANS,  AND  THE  BRANDS  COVERED BY SUCH MANUFACTURER'S
 PLANS.
   E. Retailers must be in compliance with the provisions of this  subdi-
 vision no later than one hundred eighty days after the effective date of
 this  title  OR, WITH RESPECT TO A RECHARGEABLE BATTERY DEFINED IN PARA-
 GRAPH (II) OF SUBDIVISION FOUR OF SECTION 27-1803  OF  THIS  TITLE,  AND
 S. 643--E                           3
 
 WITH  RESPECT  TO  THE REQUIREMENTS OF PARAGRAPH (D) OF THIS SUBDIVISION
 ONE YEAR AFTER THE EFFECTIVE DATE OF THE CHAPTER  OF  THE  LAWS  OF  TWO
 THOUSAND  TWENTY-FOUR WHICH AMENDED THIS TITLE, OR WHEN THE COMMISSIONER
 HAS  APPROVED  A  NEW  OR  UPDATED PLAN IN COMPLIANCE WITH SUCH CHAPTER,
 WHICHEVER IS LATER.
   § 6. Paragraphs a and b of subdivision 2 of  section  27-1807  of  the
 environmental  conservation  law, as added by chapter 562 of the laws of
 2010, are amended to read as follows:
   a. Within ninety days of the effective date of  this  title  OR,  WITH
 RESPECT  TO RECHARGEABLE BATTERIES DEFINED IN PARAGRAPH (II) OF SUBDIVI-
 SION FOUR OF SECTION 27-1803 OF THIS TITLE, WITHIN  ONE  HUNDRED  EIGHTY
 DAYS  OF  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
 TWENTY-FOUR THAT AMENDED SUCH PARAGRAPH, submittance to the commissioner
 of a NEW OR UPDATED plan that identifies the methods  by  which  battery
 manufacturers  will  safely collect, transport, and recycle rechargeable
 batteries collected by retailers at the expense of the battery  manufac-
 turer  and  provide  retailers with information on the safe handling and
 storage of rechargeable batteries.
   b. Submittance  to  the  department  of  annual  reports,  on  a  form
 prescribed  by  the  department,  concerning  the amount of rechargeable
 batteries received within the state and recycled either by number or  by
 weight,  INCLUDING THE WEIGHT OF RECHARGEABLE BATTERIES DEFINED IN PARA-
 GRAPH (II) OF SUBDIVISION FOUR OF SECTION 27-1803 OF THIS TITLE RECEIVED
 WITHIN THE STATE AS WELL AS WITHIN A  CITY  WITH  A  POPULATION  OF  ONE
 MILLION  OR  MORE;  the  costs  of  such efforts; and any other relevant
 information as required by the department.
   § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
 tion  law  is  amended by adding a new paragraph d and a new subdivision
 2-a is added to read as follows:
   D. PROVIDING FOR THE  SAFE  AND  PROMPT  COLLECTION  AND  DISPOSAL  OF
 BATTERIES  FROM  ELECTRIC  SCOOTERS  OR  BICYCLES  WITH  ELECTRIC ASSIST
 COLLECTED BY RETAILERS AND BY GOVERNMENT AGENCIES.
   2-A.  A BATTERY MANUFACTURER MAY NOT SELL, OFFER FOR SALE, OR DISTRIB-
 UTE RECHARGEABLE BATTERIES IN THE STATE UNLESS THE BATTERY  MANUFACTURER
 IS  IMPLEMENTING  OR  PARTICIPATING UNDER AN APPROVED PLAN IN ACCORDANCE
 WITH THIS SECTION.
   § 8. Section 27-1807 of the environmental conservation law is  amended
 by adding a new subdivision 6 to read as follows:
   6.  THE DEPARTMENT SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
 TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-FOUR  THAT
 ADDED  THIS  SUBDIVISION, PROMULGATE RULES AND REGULATIONS TO ENSURE THE
 SAFE STORAGE OF RECHARGEABLE BATTERIES THAT MINIMIZES THE RISK OF FIRES.
 SUCH RULES AND REGULATIONS SHALL ALSO, AT A MINIMUM,  REQUIRE  RETAILERS
 TO:
   A.  COORDINATE  WITH  A  BATTERY MANUFACTURER,   OR ANY COMBINATION OF
 BATTERY MANUFACTURERS WORKING TOGETHER, TO  REGULARLY  REMOVE  BATTERIES
 FROM THE RETAIL LOCATION; AND
   B. INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAGING
 BATTERIES ABOUT PROPER HANDLING AND EMERGENCY PROCEDURES, INCLUDING FIRE
 RELATED  HAZARDS, APPROPRIATE TO THE TYPE OR TYPES OF BATTERY HANDLED BY
 THE RETAILER.
   § 9. Section 27-1809 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.    IN  A  CITY  WITH A POPULATION OF ONE MILLION OR MORE, SUCH CITY
 SHALL, IN ADDITION TO ANY AUTHORITY OTHERWISE CONFERRED IN THIS CHAPTER,
 HAVE CONCURRENT AUTHORITY TO ENFORCE, BY   AN   AGENCY    OR    AGENCIES
 S. 643--E                           4
 
 DESIGNATED FOR SUCH PURPOSE BY THE MAYOR OF SUCH CITY, THE PROVISIONS OF
 SECTION  27-1805  AND  SUBDIVISION ONE OF SECTION 27-1807 OF THIS TITLE.
 ANY NOTICE OF VIOLATION ISSUED BY AN AGENCY DESIGNATED BY THE  MAYOR  OF
 SUCH CITY CHARGING A VIOLATION OF SECTION 27-1805 AND SUBDIVISION ONE OF
 SECTION  27-1807  OF THIS TITLE SHALL BE RETURNABLE TO THE ENVIRONMENTAL
 CONTROL BOARD OF SUCH CITY. SUCH ENVIRONMENTAL CONTROL BOARD SHALL  HAVE
 THE  POWER  TO IMPOSE THE CIVIL PENALTIES SET FORTH IN SUBDIVISIONS ONE,
 TWO AND THREE OF THIS SECTION. ALL CIVIL  PENALTIES  COLLECTED  FOR  ANY
 VIOLATION  OF  THIS  TITLE  THAT  HAVE BEEN IMPOSED BY THE ENVIRONMENTAL
 CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL FUND  OF  SUCH
 CITY.
   §  10. Section 27-1811 of the environmental conservation law, as added
 by chapter 562 of the laws of 2010, is amended to read as follows:
 § 27-1811. State preemption.
   Jurisdiction in all matters pertaining to rechargeable battery recycl-
 ing is, by this title, vested exclusively in the state. Any provision of
 any local law or ordinance, or any rule or regulation promulgated there-
 to, governing rechargeable battery recycling shall, upon  the  effective
 date  of section 27-1805 of this title, be preempted; provided, however,
 that nothing in this section shall preclude a person from  coordinating,
 for  recycling  or  reuse,  the collection of rechargeable batteries AND
 PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  PRECLUDE
 THE  ENFORCEMENT  OF  THIS TITLE PURSUANT TO SUBDIVISION FIVE OF SECTION
 27-1809 OF THIS TITLE.
   § 11. This act shall take effect immediately.