S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5663
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 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 and the state finance
   law, in relation to establishing extended producer responsibility  for
   electric and hybrid vehicle batteries

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
     EXTENDED PRODUCER RESPONSIBILITY FOR ELECTRIC AND HYBRID VEHICLE
                                 BATTERIES
 SECTION 27-3401. DEFINITIONS.
         27-3403. DISPOSAL BAN.
         27-3405. PRODUCER PLAN.
         27-3407. PRODUCER RESPONSIBILITIES.
         27-3409. RETAILER REQUIREMENTS.
         27-3411. DEPARTMENT RESPONSIBILITIES.
         27-3413. ELECTRIC AND HYBRID VEHICLE BATTERIES STEWARDSHIP ADVI-
                    SORY BOARD.
         27-3415. POST-CONSUMER CONTENT REQUIREMENTS.
         27-3417. PENALTIES.
         27-3419. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   FOR THE PURPOSE OF THIS TITLE, THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CLOSED-LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED ARE RETURNED TO THE ORIGINAL PROCESS  OR  PROCESSES  IN  WHICH
 THEY WERE GENERATED AND THEY ARE REUSED IN THE PRODUCTION PROCESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10315-01-5
              

 S. 5663                             2
 
   3.  "COLLECTION  PROGRAM"  OR  "PROGRAM"  MEANS A PROGRAM FINANCED AND
 IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR  THROUGH  A  REPRESEN-
 TATIVE  ORGANIZATION,  THAT  PROVIDES  FOR,  BUT  IS NOT LIMITED TO, THE
 COLLECTION, TRANSPORTATION, REUSE, RECYCLING, PROPER END-OF-LIFE MANAGE-
 MENT,  OR AN APPROPRIATE COMBINATION THEREOF, OF DISCARDED COVERED PROD-
 UCT.
   4. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT  WHICH
 DISCARDED  COVERED  PRODUCT  MAY  BE  RETURNED BY A CONSUMER. COLLECTION
 SITES SHALL ACCEPT ALL TYPES OF COVERED PRODUCT AS DEFINED BY THIS TITLE
 REGARDLESS OF BRAND.
   5. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES, OR USES THE COVERED PRODUCT, INCLUDING BUT  NOT  LIMITED  TO  AN
 INDIVIDUAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 DISTRICT, PRIVATE OR PAROCHIAL SCHOOL, OR BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL SERVICES OR GOVERNMENT ENTITY.
   6. "COVERED PRODUCT" MEANS A BATTERY WITH THE PRIMARY INTENDED PURPOSE
 TO SUPPLY POWER TO PROPEL AN ELECTRIC OR HYBRID VEHICLE.
   7.  "DISCARDED  COVERED PRODUCT" MEANS COVERED PRODUCT THAT A CONSUMER
 HAS USED AND DISPOSED OF IN THE STATE AND IS  NO  LONGER  USED  FOR  ITS
 MANUFACTURED PURPOSE.
   8.  "END-OF-LIFE"  MEANS  THE  STAGE  AT WHICH A COVERED PRODUCT IS NO
 LONGER SUITABLE FOR ITS PRIMARY INTENDED PURPOSE,  SUCH  AS  POWERING  A
 VEHICLE, AND MAY BE EVALUATED FOR POTENTIAL REPURPOSING OR RECYCLING.
   9.  "ENERGY  RECOVERY"  MEANS THE PROCESS BY WHICH ALL OR A PORTION OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT CONTENT OR OTHER FORMS OF ENERGY  DERIVED  FROM  SUCH  SOLID  WASTE
 MATERIALS.
   10.  "PRODUCER"  MEANS  ANY  PERSON WHO MANUFACTURES A COVERED PRODUCT
 THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE  STATE  UNDER  THE
 MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
   (A) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
 SOLD,  OFFERED  FOR  SALE,  OR DISTRIBUTED IN THIS STATE, WHETHER OR NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   (B) ANY PERSON WHO IMPORTS A COVERED PRODUCT INTO  THE  UNITED  STATES
 THAT  IS  SOLD OR OFFERED FOR SALE IN THE STATE AND THAT IS MANUFACTURED
 BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   11. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS OR COMMODITIES CONTAINED IN DISCARDED  COVERED  PRODUCTS  FOR
 THE  PURPOSE  OF PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR
 USE OR REUSE  IN  NEW  PRODUCTS  OR  COMPONENTS.  "RECYCLING"  DOES  NOT
 INCLUDE:
   (A)  ENERGY  RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING BUT
 NOT  LIMITED  TO,  COMBUSTION,  INCINERATION,  PYROLYSIS,  GASIFICATION,
 SOLVOLYSIS, OR WASTE-TO-FUEL;
   (B) ANY CHEMICAL CONVERSION PROCESS; OR
   (C) LANDFILL DISPOSAL.
   12. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED PRODUCT
 THAT  IS  MANAGED  THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS TITLE,
 AND IS CALCULATED BY DIVIDING THE AMOUNT OF RECYCLED OUTPUT DERIVED FROM
 COLLECTED COVERED PRODUCTS, PLUS ANY AMOUNT SENT FOR REUSE, BY THE ESTI-
 MATED TOTAL AMOUNT OF  DISCARDED  COVERED  PRODUCT  GENERATED  DURING  A
 PROGRAM YEAR.
   13.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM.
 S. 5663                             3
 
   14.  "RETAILER"  MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE COVERED
 PRODUCTS TO A CONSUMER IN THE STATE.
   15. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
 USE  IN  THE  SAME  KIND  OF  APPLICATION  AS THE PRODUCT WAS ORIGINALLY
 INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
   16. "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; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, OR REUSE.
 § 27-3403. DISPOSAL BAN.
   1. NO PERSON SHALL KNOWINGLY DISPOSE OF ANY COVERED PRODUCT  AS  SOLID
 WASTE  IN  THE STATE AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-SEVEN.
   2. BEGINNING SIX MONTHS FROM THE EFFECTIVE  DATE  OF  THIS  TITLE,  NO
 RETAILER, DISTRIBUTOR, WHOLESALER, MANUFACTURER, OR OWNER OR OPERATOR OF
 A  COVERED  PRODUCT  COLLECTION  SITE,  CONSOLIDATION FACILITY, OR WASTE
 RECYCLING FACILITY IN THE STATE SHALL DISPOSE OF COVERED  PRODUCT  WASTE
 AT  A  SOLID  WASTE  MANAGEMENT  FACILITY  OR HAZARDOUS WASTE MANAGEMENT
 FACILITY, OR  PLACE  COVERED  PRODUCT  WASTE  FOR  COLLECTION  WHICH  IS
 INTENDED  FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS
 WASTE MANAGEMENT FACILITY.
   3. BEGINNING TWO YEARS FROM THE  EFFECTIVE  DATE  OF  THIS  TITLE,  NO
 PERSON,  EXCEPT FOR AN INDIVIDUAL OR HOUSEHOLD SHALL PLACE OR DISPOSE OF
 ANY COVERED PRODUCT WASTE IN ANY SOLID  WASTE  MANAGEMENT  FACILITY,  OR
 PLACE  COVERED  PRODUCT  WASTE  FOR  COLLECTION  WHICH  IS  INTENDED FOR
 DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGE-
 MENT FACILITY IN THIS STATE. PERSONS ENGAGED IN THE COLLECTION OF  SOLID
 WASTE  FOR  DELIVERY  TO A SOLID WASTE MANAGEMENT FACILITY SHALL PROVIDE
 WRITTEN INFORMATION TO USERS OF SUCH FACILITY ON THE PROPER METHODS  FOR
 THE RECYCLING OF COVERED PRODUCT.
   4.  BEGINNING  THREE  YEARS  FROM THE EFFECTIVE DATE OF THIS TITLE, NO
 INDIVIDUAL OR HOUSEHOLD SHALL PLACE OR DISPOSE OF  ANY  COVERED  PRODUCT
 WASTE,  THAT  EXCEEDS  AN  AMOUNT AS DETERMINED BY THE DEPARTMENT, SHALL
 PLACE OR DISPOSE OF ANY COVERED PRODUCT WASTE IN ANY SOLID WASTE MANAGE-
 MENT FACILITY, OR PLACE COVERED PRODUCT WASTE FOR  COLLECTION  WHICH  IS
 INTENDED  FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS
 WASTE MANAGEMENT FACILITY IN THIS STATE.
   5. BEGINNING TWO YEARS FROM THE EFFECTIVE DATE OF THIS TITLE, AN OWNER
 OR OPERATOR OF A SOLID WASTE  MANAGEMENT  FACILITY  OR  HAZARDOUS  WASTE
 MANAGEMENT  FACILITY  SHALL EDUCATE USERS OF SUCH FACILITY ON THE PROPER
 METHODS FOR THE MANAGEMENT OF  COVERED  PRODUCT  WASTE.  SUCH  EDUCATION
 SHALL INCLUDE:
   (A)  PROVIDING  WRITTEN  INFORMATION  TO USERS OF SUCH FACILITY ON THE
 PROPER METHODS FOR RECYCLING OF COVERED PRODUCT WASTE; AND
   (B) POSTING, IN CONSPICUOUS LOCATIONS AT SUCH FACILITY, SIGNS  STATING
 THAT COVERED PRODUCT WASTE MAY NOT BE DISPOSED OF AT THE FACILITY.
 § 27-3405. PRODUCER PLAN.
   1.  NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, A PRODUCER,
 EITHER INDIVIDUALLY OR COOPERATIVELY WITH ONE OR MORE  PRODUCERS,  OR  A
 REPRESENTATIVE  ORGANIZATION  SHALL  SUBMIT  TO  THE  DEPARTMENT FOR THE
 DEPARTMENT'S APPROVAL A PLAN  FOR  THE  ESTABLISHMENT  OF  A  COLLECTION
 PROGRAM  THAT  MEETS  THE  COLLECTION  REQUIREMENTS  DESCRIBED  IN  THIS
 SECTION.
 S. 5663                             4
 
   2. A PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENT  OF  THIS
 SECTION  BY  AGREEING  TO PARTICIPATE COLLECTIVELY WITH OTHER PRODUCERS.
 ANY SUCH COLLECTIVE PROGRAM SHALL NOTIFY THE DEPARTMENT.
   3. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS
 NEEDED,  WHEN  THERE  ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW
 PLAN OR AMENDMENT SHALL BE REQUIRED TO BE SUBMITTED  TO  THE  DEPARTMENT
 FOR APPROVAL WHEN:
   (A) THERE IS A REVISION OF THE PROGRAM'S GOALS; OR
   (B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   4.  THE  PLAN SUBMITTED BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
   (A) PROVIDE A LIST OF EACH PARTICIPATING PRODUCER AND  BRANDS  COVERED
 BY THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
   (C)  DESCRIBE  HOW  THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION WILL
 COLLECT, TRANSPORT, RECYCLE AND PROCESS COVERED PRODUCT;
   (D) DESCRIBE HOW THE PROGRAM WILL PROVIDE FOR  COLLECTION  OF  COVERED
 PRODUCT IN THE STATE, FREE OF COST AND IN A MANNER CONVENIENT TO CONSUM-
 ERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT A MINIMUM, A CONVENIENCE
 STANDARD  WHICH  ENSURES  THAT ALL COUNTIES IN THE STATE AND ALL MUNICI-
 PALITIES WHICH HAVE A POPULATION OF TEN  THOUSAND  OR  GREATER  HAVE  AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT ACCEPTS COVERED  PRODUCT  FROM  CONSUMERS  DURING  NORMAL  BUSINESS
 HOURS; HOWEVER WITH RESPECT TO A CITY HAVING A POPULATION OF ONE MILLION
 OR  MORE,  AFTER  CONSULTATION WITH THE DEPARTMENT OF SANITATION OF SUCH
 CITY, THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE  CONVENIENCE
 STANDARD. THE PRODUCER OR REPRESENTATIVE ORGANIZATION MAY COORDINATE THE
 PROGRAM  WITH  EXISTING  MUNICIPAL WASTE COLLECTION INFRASTRUCTURE AS IS
 MUTUALLY AGREEABLE. CONVENIENCE STANDARDS  SHALL  BE  EVALUATED  BY  THE
 DEPARTMENT  PERIODICALLY  AND  THE  DEPARTMENT  MAY  REQUIRE  ADDITIONAL
 COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
   (E) DESCRIBE IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS  TO  INFORM
 CONSUMERS  AND  OTHERS  ENGAGED  IN  THE MANAGEMENT OF DISCARDED COVERED
 PRODUCT ABOUT THE PROGRAM INCLUDING, AT A MINIMUM, AN  INTERNET  WEBSITE
 AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE
 TIME  OF SALE OF COVERED PRODUCT THAT PROVIDES SUFFICIENT INFORMATION TO
 ALLOW A CONSUMER TO  LEARN  HOW  TO  RETURN  SUCH  COVERED  PRODUCT  FOR
 DISPOSAL, RECYCLING OR REUSE;
   (F)  DESCRIBE  THE  METHODS  TO  BE USED TO REUSE OR RECYCLE DISCARDED
 COVERED PRODUCT;
   (G) DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF  DISCARDED
 COVERED PRODUCT THAT CANNOT BE RECYCLED OR REUSED;
   (H)  DESCRIBE  HOW  THE PROGRAM WILL MEET ANNUAL PERFORMANCE GOALS, AS
 DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A  MINIMUM,  THE  PROGRAM
 SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (I)  A  THIRTY PERCENT RECYCLING RATE FOR COVERED PRODUCT OF WHICH TEN
 PERCENT SHALL BE CLOSED-LOOP RECYCLING BY FIVE YEARS AFTER THE  PLAN  IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411 OF THIS TITLE;
   (II) A FIFTY PERCENT RECYCLING RATE FOR COVERED PRODUCT OF WHICH TWEN-
 TY PERCENT SHALL BE CLOSED-LOOP RECYCLING BY TEN YEARS AFTER THE PLAN IS
 APPROVED  BY  THE  DEPARTMENT PURSUANT TO SECTION 27-3411 OF THIS TITLE;
 AND
   (III) A SEVENTY-FIVE PERCENT RECYCLING RATE FOR  COVERED  PRODUCT,  OF
 WHICH  FORTY  PERCENT  SHALL  BE  CLOSED-LOOP RECYCLING BY FIFTEEN YEARS
 S. 5663                             5
 
 AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411
 OF THIS TITLE;
   (I)  DESCRIBE  WHAT,  IF  ANY,  INCENTIVES  WILL  BE USED TO ENCOURAGE
 RETAILER PARTICIPATION;
   (J) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE  USED  TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
   (K)  DESCRIBE  THE  SOURCES OF DATA AND METHODOLOGY FOR ESTIMATING THE
 AMOUNT OF DISCARDED PRODUCT IN THE STATE ANNUALLY; AND
   (L) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
 § 27-3407. PRODUCER RESPONSIBILITIES.
   1. BEGINNING NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND  TWENTY-
 SEVEN,  THE  PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT THE
 COLLECTION PROGRAM UTILIZING COLLECTION SITES  ESTABLISHED  PURSUANT  TO
 PARAGRAPH (D) OF SUBDIVISION 4 OF SECTION 27-3405 OF THIS TITLE.
   2.  A  PRODUCER  SHALL NOT SELL, OR OFFER FOR SALE, COVERED PRODUCT TO
 ANY PERSON IN THE STATE UNLESS THE PRODUCER IS IMPLEMENTING  OR  PARTIC-
 IPATING UNDER AN APPROVED PLAN.
   3.  THE PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT AND ADEQUATE
 TO SERVE THE NEEDS OF CONSUMERS IN ALL AREAS OF THE STATE ON AN  ONGOING
 BASIS.
   4.  A  PRODUCER  OR REPRESENTATIVE ORGANIZATION SHALL MAINTAIN RECORDS
 DEMONSTRATING COMPLIANCE WITH THE PROVISIONS OF THIS TITLE AND MAKE THEM
 AVAILABLE FOR AUDIT AND INSPECTION BY THE DEPARTMENT  FOR  A  PERIOD  OF
 THREE  YEARS.  THE  DEPARTMENT  SHALL MAKE SUCH RECORDS AVAILABLE TO THE
 PUBLIC UPON THE REQUEST IN ACCORDANCE WITH THE PROVISIONS OF  THE  STATE
 FREEDOM  OF  INFORMATION LAW AND THE REGULATIONS PROMULGATED THEREUNDER.
 RECORD HOLDERS SHALL SUBMIT THE RECORDS  REQUIRED  TO  COMPLY  WITH  THE
 REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFICATION BY THE DEPART-
 MENT OF RECEIPT OF THE REQUEST.
   5.  A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL BE RESPONSIBLE FOR
 ALL COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE COLLECTION  PROGRAM,
 INCLUDING BUT NOT LIMITED TO THE COST OF COLLECTION. A PRODUCER, PRODUC-
 ERS  OR  REPRESENTATIVE  ORGANIZATION  SHALL  PAY  COSTS INCURRED BY THE
 DEPARTMENT IN THE ADMINISTRATION AND ENFORCEMENT OF THIS TITLE.   EXCLU-
 SIVE OF FINES AND PENALTIES, THE DEPARTMENT SHALL ONLY BE REIMBURSED ITS
 ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   6. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER JANUARY THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-SEVEN,  SHALL  SUBMIT A PLAN TO THE DEPARTMENT, OR
 NOTIFY THE DEPARTMENT THAT IT HAS JOINED  AN  EXISTING  PLAN,  PRIOR  TO
 SELLING OR OFFERING FOR SALE IN THE STATE ANY COVERED PRODUCT, AND SHALL
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   7.  ON  OR  BEFORE  MARCH  THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, AND
 ANNUALLY THEREAFTER, A PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  SHALL
 SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE PREVIOUS CALEN-
 DAR  YEAR,  A DESCRIPTION OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO,
 THE FOLLOWING:
   (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT,  TRANSPORT,
 AND PROCESS COVERED PRODUCT IN THE STATE, INCLUDING DETAILING COLLECTION
 METHODS  MADE  AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S
 COLLECTION CONVENIENCE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C) THE WEIGHT OF ALL OF THE PRODUCER'S COVERED PRODUCT IN  THE  STATE
 BY  METHOD  OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
 OF PROCESSING OR DISPOSAL;
   (D) AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
 HAVE BEEN ACHIEVED;
 S. 5663                             6
 
   (E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
   (F)  SAMPLES  OF  ALL  EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS AND
 DETAILED LIST OF EFFORTS UNDERTAKEN AND AN  EVALUATION  OF  THE  METHODS
 USED  TO  DISSEMINATE  SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF ANY,
 FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   8. ON OR BEFORE JANUARY FIRST OF EACH PROGRAM YEAR FOLLOWING IMPLEMEN-
 TATION OF THE PLAN PURSUANT TO  SECTION  27-3405  OF  THIS  TITLE,  EACH
 PRODUCER, GROUP OF PRODUCERS OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
 A  REPORT  TO  THE  DEPARTMENT THAT ASSESSES COMPLIANCE WITH PERFORMANCE
 GOALS AND DESCRIBES ANY MODIFICATION NECESSARY TO ACHIEVE SUCH GOALS.
 § 27-3409. RETAILER REQUIREMENTS.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-EIGHT,  NO  RETAILER  MAY
 SELL  OR OFFER FOR SALE COVERED PRODUCT IN THE STATE UNLESS THE PRODUCER
 OF SUCH COVERED PRODUCT IS PARTICIPATING  IN  A  COLLECTION  PROGRAM.  A
 RETAILER  SHALL  BE  IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE THE
 COVERED PRODUCT WAS OFFERED FOR SALE, THE  PRODUCER  IS  LISTED  ON  THE
 DEPARTMENT'S  WEBSITE  AS  IMPLEMENTING  OR PARTICIPATING IN AN APPROVED
 PROGRAM OR IF THE COVERED PRODUCT BRAND IS LISTED  ON  THE  DEPARTMENT'S
 WEBSITE AS BEING INCLUDED IN THE PROGRAM.
   2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION  SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE WITH
 ALL APPLICABLE LAWS AND REGULATIONS.
 § 27-3411. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3405 OF THIS TITLE,
 (B)  MAINTAIN  A LIST OF EACH PRODUCER'S BRANDS, AND (C) POST SUCH LISTS
 ON THE DEPARTMENT'S WEBSITE.
   2. BEGINNING ON JANUARY THIRTY-FIRST, TWO THOUSAND  TWENTY-SEVEN,  THE
 DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE THE LOCATION OF ALL COLLECTION
 SITES IDENTIFIED TO THE DEPARTMENT BY THE  PRODUCER  IN  ITS  PLANS  AND
 ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH PRODUCER PLAN
 APPROVED BY THE DEPARTMENT.
   4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN  AMEND-
 MENTS,  THE  DEPARTMENT  SHALL  APPROVE  OR  REJECT THE PLAN OR THE PLAN
 AMENDMENT. IF THE PLAN OR THE PLAN AMENDMENT IS APPROVED, THE DEPARTMENT
 SHALL NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING.  IF
 THE  DEPARTMENT REJECTS THE PLAN OR PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION  IN  WRITING  STATING
 THE  REASON  FOR  REJECTING  THE  PLAN  OR PLAN AMENDMENT. A PRODUCER OR
 REPRESENTATIVE ORGANIZATION  WHOSE  PLAN  IS  REJECTED  SHALL  SUBMIT  A
 REVISED  PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
 OF REJECTION. IF THE DEPARTMENT REJECTS  THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER  AND  PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT
 TO ENFORCEMENT PROVISIONS.
   5. THE DEPARTMENT SHALL SUBMIT A REPORT REGARDING  THE  IMPLEMENTATION
 OF  THIS  TITLE  IN  THE  STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL
 FIRST, TWO THOUSAND TWENTY-SEVEN AND EVERY  TWO  YEARS  THEREAFTER.  THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE STREAM OF COVERED PRODUCT IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR COVERED PROD-
 UCT;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 S. 5663                             7
 
   6.  STARTING  FOUR  YEARS AFTER THE PLAN IS APPROVED BY THE DEPARTMENT
 PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL IMPOSE A PENALTY OF TWEN-
 TY-FIVE CENTS PER POUND TO BE ASSESSED ON THE PRODUCER OR REPRESENTATIVE
 ORGANIZATION FOR THE NUMBER OF ADDITIONAL POUNDS OF COVERED PRODUCT THAT
 WOULD  HAVE  NEEDED  TO  BE  RECYCLED THROUGH THE PROGRAM TO ACHIEVE THE
 PERFORMANCE GOALS SPECIFIED IN THE APPROVED STEWARDSHIP PLAN. ALL PENAL-
 TIES COLLECTED PURSUANT TO THIS  SECTION  SHALL  BE  PAID  OVER  TO  THE
 COMMISSIONER  FOR  DEPOSIT  TO THE ELECTRIC AND HYBRID VEHICLE BATTERIES
 EXTENDED PRODUCER RESPONSIBILITY FUND ESTABLISHED  PURSUANT  TO  SECTION
 97-UUUU OF THE STATE FINANCE LAW.
 § 27-3413. ELECTRIC  AND  HYBRID  VEHICLE BATTERIES STEWARDSHIP ADVISORY
              BOARD.
   1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE ELECTRIC  AND
 HYBRID  VEHICLE BATTERIES STEWARDSHIP ADVISORY BOARD TO MAKE RECOMMENDA-
 TIONS TO THE COMMISSIONER REGARDING  PRODUCER  PLANS  REQUIRED  BY  THIS
 TITLE.
   2.  THE  BOARD  SHALL  BE  COMPOSED  OF  THIRTEEN VOTING MEMBERS. SUCH
 MEMBERS SHALL INCLUDE:
   (A) ONE REPRESENTATIVE OF COVERED PRODUCT PRODUCERS;
   (B) TWO REPRESENTATIVES OF COVERED PRODUCT RETAILERS;
   (C) ONE REPRESENTATIVE OF COVERED PRODUCT RECYCLERS;
   (D) TWO REPRESENTATIVES OF COVERED PRODUCT COLLECTORS;
   (E) ONE REPRESENTATIVE OF A COMPANY THAT  UTILIZES  DISCARDED  COVERED
 PRODUCT TO MANUFACTURE A NEW PRODUCT;
   (F) ONE REPRESENTATIVE OF A COVERED PRODUCT INSTALLER ASSOCIATION;
   (G) ONE REPRESENTATIVE FROM A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (H) ONE REPRESENTATIVE FROM A STATEWIDE WASTE DISPOSAL ASSOCIATION;
   (I) ONE REPRESENTATIVE FROM THE NEW YORK PRODUCT STEWARDSHIP COUNCIL;
   (J) ONE REPRESENTATIVE FROM A CONSUMER ORGANIZATION; AND
   (K) ONE REPRESENTATIVE FROM A STATEWIDE RECYCLING ORGANIZATION.
   3. THE MEMBERS OF THE BOARD SHALL BE APPOINTED AS FOLLOWS:
   (A)  TWO  MEMBERS  TO  BE  APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   (B) TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
   (D) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
 AND
   (E) SEVEN MEMBERS TO BE APPOINTED BY THE GOVERNOR.
   4. SUCH APPOINTMENTS SHALL BE MADE NO LATER THAN SIXTY DAYS  FOLLOWING
 THE  EFFECTIVE  DATE  OF THIS TITLE. THE MEMBERS SHALL DESIGNATE A CHAIR
 FROM AMONG THE MEMBERS OF THE BOARD  BY  MAJORITY  VOTE.  BOARD  MEMBERS
 SHALL  RECEIVE  NO COMPENSATION BUT SHALL BE ENTITLED TO THEIR NECESSARY
 AND ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BOARD DUTIES.
   5. THE BOARD SHALL MEET AT LEAST ANNUALLY BY CALL OF THE CHAIR.
 § 27-3415. POST-CONSUMER CONTENT REQUIREMENTS.
   ALL COVERED PRODUCT IN  THE  STATE  SHALL  BE  MANUFACTURED  WITH  THE
 FOLLOWING MINIMUM AMOUNTS FROM POST-CONSUMER SOURCES:
   1. WITHIN ONE YEAR AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSU-
 ANT TO SECTION 27-3411 OF THIS TITLE, A MINIMUM OF TEN PERCENT POST-CON-
 SUMER CONTENT;
   2. WITHIN FOUR YEARS THEREAFTER, A MINIMUM OF TWENTY PERCENT POST-CON-
 SUMER CONTENT; AND
   3.  FIVE  YEARS  THEREAFTER, A MINIMUM OF THIRTY PERCENT POST-CONSUMER
 CONTENT.
 § 27-3417. PENALTIES.
 S. 5663                             8
 
   ANY PRODUCER, REPRESENTATIVE ORGANIZATION, OR  RETAILER  WHO  VIOLATES
 ANY  PROVISION  OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS
 TITLE SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO  EXCEED  FIVE  HUNDRED
 DOLLARS  FOR  EACH  VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN
 FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATIONS CONTINUE.
 CIVIL  PENALTIES  SHALL BE ASSESSED BY THE DEPARTMENT AFTER A HEARING OR
 OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF
 THIS CHAPTER.
 § 27-3419. RULES AND REGULATIONS.
   THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES  AND  REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
   §  2. The state finance law is amended by adding a new section 97-uuuu
 to read as follows:
   § 97-UUUU. ELECTRIC AND HYBRID  VEHICLE  BATTERIES  EXTENDED  PRODUCER
 RESPONSIBILITY FUND.  1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTO-
 DY  OF  THE  STATE  COMPTROLLER  AND  THE  COMMISSIONER OF ENVIRONMENTAL
 CONSERVATION A SPECIAL FUND TO BE KNOWN  AS  THE  "ELECTRIC  AND  HYBRID
 VEHICLE BATTERIES EXTENDED PRODUCER RESPONSIBILITY FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION  27-3411 OF THE ENVIRONMENTAL
 CONSERVATION LAW AND ALL OTHER  MONEYS  APPROPRIATED  THERETO  FROM  ANY
 OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS,  OR  BEQUESTS  FOR
 THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM
 INTO THE FUND ACCORDING TO LAW.
   3. THE MONEYS OF THE ELECTRIC AND HYBRID  VEHICLE  BATTERIES  EXTENDED
 PRODUCER  RESPONSIBILITY  FUND,  FOLLOWING APPROPRIATION BY THE LEGISLA-
 TURE, SHALL BE ALLOCATED FOR THE DIRECT COSTS ASSOCIATED  WITH  EXTENDED
 PRODUCER RESPONSIBILITY FOR ELECTRIC AND HYBRID VEHICLE BATTERIES PURSU-
 ANT  TO  TITLE  THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL
 CONSERVATION LAW.
   4. THE STATE COMPTROLLER MAY INVEST ANY MONEYS  IN  THE  ELECTRIC  AND
 HYBRID  VEHICLE  BATTERIES  EXTENDED  PRODUCER  RESPONSIBILITY  FUND NOT
 EXPENDED FOR THE PURPOSE OF THIS SECTION AS PROVIDED BY LAW.  THE  STATE
 COMPTROLLER SHALL CREDIT ANY INTEREST AND INCOME DERIVED FROM THE DEPOS-
 IT AND INVESTMENT OF MONEYS IN THE ELECTRIC AND HYBRID VEHICLE BATTERIES
 EXTENDED PRODUCER RESPONSIBILITY FUND TO THE ELECTRIC AND HYBRID VEHICLE
 BATTERIES EXTENDED PRODUCER RESPONSIBILITY FUND.
   5.  ANY  UNEXPECTED  AND UNENCUMBERED MONEYS REMAINING IN THE ELECTRIC
 AND HYBRID VEHICLE BATTERIES EXTENDED PRODUCER  RESPONSIBILITY  FUND  AT
 THE END OF THE FISCAL YEAR SHALL REMAIN IN THE ELECTRIC AND HYBRID VEHI-
 CLE  BATTERIES  EXTENDED  PRODUCER  RESPONSIBILITY FUND AND SHALL NOT BE
 CREDITED TO ANY OTHER FUND.
   § 3. Section 71-1701 of the environmental conservation law, as amended
 by chapter 795 of the laws of 2022, is amended to read as follows:
 § 71-1701. Applicability of this title.
   This title shall be applicable to the enforcement of titles 1  through
 11  and  titles  15  through  19 of article 17; article 19; and titles 1
 [and], 33 AND 34 of article 27 OF THIS CHAPTER.
   § 4. This act shall take effect immediately.