S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4641
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced   by  M.  of  A.  GLICK,  COLTON,  OTIS,  SIMONE,  ROSENTHAL,
   DE LOS SANTOS, REYES, DINOWITZ, SIMON, STERN, JACOBSON, BORES,  ROZIC,
   RAJKUMAR,  STECK, McMAHON, ANDERSON, KIM, SHIMSKY, LUNSFORD, SANTABAR-
   BARA, EPSTEIN, BARRETT,  FORREST,  TAYLOR,  CLARK,  BICHOTTE HERMELYN,
   R. CARROLL,  PAULIN,  SEAWRIGHT, SHRESTHA, SLATER, CUNNINGHAM, SAYEGH,
   MAGNARELLI, LEVENBERG, K. BROWN, WOERNER, RAGA, VANEL, GONZALEZ-ROJAS,
   BENEDETTO, JACKSON, RIVERA,  TAPIA,  JONES,  STIRPE,  LUPARDO,  MEEKS,
   CONRAD, LEE, BRONSON, BUTTENSCHON, PHEFFER AMATO, DAVILA, BURKE, FALL,
   HUNTER,  WILLIAMS,  EACHUS, RAMOS, BENDETT, BURDICK, MAMDANI, ALVAREZ,
   KELLES, DeSTEFANO, RA, GIBBS, BLUMENCRANZ, McDONOUGH, WALSH,  SIMPSON,
   SMITH, DURSO, GANDOLFO, DILAN -- read once and referred to the Commit-
   tee 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.  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
 
   § 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.
                                                            LBD00126-01-5
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   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
 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-FIVE WHICH AMENDED THIS TITLE, OR WHEN THE  COMMISSIONER
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 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-FIVE 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-FIVE 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
 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
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 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.