S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7941
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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-
 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

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

                                                            LBD07588-01-3
 S. 7941                             2

 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
 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
 S. 7941                             3
 
 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 TITLE
 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
 and calls to the toll-free telephone number provided by the manufacturer
 [as required by section  27-2605  of  this  title],  COPIES  OF  WRITTEN
 S. 7941                             4
 
 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.