§ 27-2617. Reporting requirements.

1. Beginning March first, two thousand twelve, for the period of April
first, two thousand eleven through December thirty-first, two thousand
eleven and each calendar year thereafter, a manufacturer that offers
covered electronic equipment for sale in this state shall submit a
report to the department on a form prescribed by the department that
includes the following:

(a) sales data reported by weight for the manufacturer's covered
electronic equipment sold in this state for the previous three calendar
years, categorized by type to the extent known. If the manufacturer
cannot provide accurate state sales data, it must explain why such data
cannot be provided, and estimate state sales data by (i) dividing its
national sales data by weight by the national population according to
the most recent census and multiplying the result by the population of
the state, or (ii) another method approved by the department;

(b) the quantity, by weight, of electronic waste collected for
recycling or reuse in this state, categorized by the type of covered
electronic equipment collected during the reporting period, the methods
used to accept the electronic waste, and the approximate weight of
electronic waste accepted by each method used to the extent known;

(c) all quantities of electronic waste reported by the manufacturer
must separately include electronic waste generated by New York state
consumers and electronic waste received from or shipped outside the
state: (i) the quantity, by weight, of electronic waste received
directly from consumers in the state through a mail back program; (ii)
the name and address of each electronic waste collection site,
electronic waste consolidation facility, and electronic waste recycling
facility at which electronic waste from consumers was received on behalf
of the manufacturer during the reporting period, along with the
quantity, by weight, of electronic waste received; and (iii) the name
and address of each person to whom the manufacturer sent electronic
waste or component materials during the reporting period, along with the
quantity, by weight, of electronic waste or component materials thereof
sent to each such person;

(d) the number of electronic waste acceptance credits purchased, sold,
banked and traded during the reporting period, the number of electronic
waste acceptance credits used to meet the requirements of section
27-2603 of this title, and from whom they were purchased and to whom
they were sold or traded, and the number of electronic waste acceptance
credits retained as of the date of the report;

(e) the amount of any recycling surcharge owed for the reporting
period, with sufficient information to demonstrate the basis for the
calculation of the surcharge;

(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 in the state or outside the state, including
details on the methods of recycling or reuse of electronic waste, any
disassembly or physical recovery operation used, and the environmental
management measures implemented by such recycling facility or entity;

(g) information detailing the acceptance methods made available to
consumers in municipalities which have a population of greater than ten
thousand and in each county of the state to meet the requirements of
paragraph (a) of subdivision five of section 27-2605 of this title;

(h) a brief description of its public education program 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;

(i) any other information as required by the department; and

(j) a signature by an officer, director, or other individual affirming
the accuracy of the report.

2. The department may require annual reports to be filed
electronically.

3. The report shall be accompanied by an annual reporting fee of three
thousand dollars, and any recycling surcharge due pursuant to section
27-2603 of this title.

4. The department shall submit a report on implementation of the title
in this state to the governor and legislature by April first, two
thousand twelve and every two years thereafter. The report must include,
at a minimum, an evaluation of:

(a) the electronic waste stream in the state;

(b) recycling and reuse rates in the state for covered electronic
equipment;

(c) a discussion of compliance and enforcement related to the
requirements of this title;

(d) recommendations for any changes to this title; and

(e) a discussion of opportunities for business development in the
state related to the acceptance, collection, handling and recycling or
reuse of electronic equipment in this state.