S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    73
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. KAVANAGH, ADDABBO, HARCKHAM, HELMING, HOYLMAN-SIGAL,
   JACKSON, KRUEGER, MARTINEZ, MARTINS, PALUMBO, PARKER, RHOADS, ROLISON,
   SALAZAR,  TEDISCO,  WEBB  --  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. 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00126-01-5
 S. 73                               2
 
 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
 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
 S. 73                               3
 
 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
 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.
 S. 73                               4
 
   §  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.