§ 27-1807. Rechargeable battery recycling program.

1. Rechargeable batteries shall be returned to a retailer that sells
such batteries that are similar in shape, size and function to those to
be disposed of. Rechargeable batteries contained in electronic products
must be removed prior to disposal of such product.

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
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 manufacturer."

b. Retailers that sell rechargeable batteries to consumers in the
state through non-retail outlets such as through catalogs, or by mail,
telephone or the internet shall provide at the time of purchase or
delivery to the consumer notice of an opportunity to return used
rechargeable batteries at no cost to the consumer for reuse or
recycling.

c. Retailers in the state shall conspicuously maintain, at a location
within the retail establishment that is convenient for use by consumers,
collection boxes or other suitable receptacles, supplied by the
manufacturer, into which consumers may safely deposit used rechargeable
batteries.

d. Retailers must be in compliance with the provisions of this
subdivision no later than one hundred eighty days after the effective
date of this title.

2. Every battery manufacturer, or any combination of battery
manufacturers working together, shall, at the battery manufacturer's own
expense, arrange for the return of, and recycling of, all used
rechargeable batteries collected by retailers. Every battery
manufacturer or any combination of battery manufacturers working
together, shall be responsible for, at a minimum, the following:

a. Within ninety days of the effective date of this title, 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.

c. Undertaking of efforts to educate the citizens of the state
regarding the appropriate ways to recycle rechargeable batteries.

3. The commissioner shall approve or reject any battery manufacturer's
collection, transportation, and recycling plans described in paragraph a
of subdivision two of this section within ninety days of submission and,
if rejected, inform the battery manufacturer in writing as to any
deficiencies in said plan. Battery manufacturers shall amend and
resubmit any rejected plans for reconsideration within sixty days of
notification of the rejection of said plan. The commissioner shall
approve or reject said plan within thirty days of resubmission.

4. The commissioner shall analyze the information provided by battery
manufacturers pursuant to paragraph b of subdivision two of this section
and report such analysis to the governor and the legislature every two
years.

5. The commissioner is authorized to promulgate any rules and
regulations needed to implement this title.