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A07339 Summary:

BILL NOA07339C
 
SAME ASSAME AS S00643-E
 
SPONSORGlick
 
COSPNSRColton, Otis, Durso, Gandolfo, Simone, Rosenthal L, De Los Santos, Reyes, Dinowitz, Simon, Stern, Thiele, Jacobson, Bores, Rozic, Rajkumar, Steck, McMahon, Anderson, Kim, Gunther, O'Donnell, Shimsky, Lunsford, Santabarbara, Epstein, Barrett, Forrest, Taylor, Clark, Bichotte Hermelyn, Carroll, Paulin, Seawright, Shrestha, Lavine, Burgos, Slater, Cunningham, Sayegh, Magnarelli, Levenberg, Brown K, Woerner, Ardila, Sillitti, Raga, Solages, Vanel, Gonzalez-Rojas, Benedetto, Jackson, Pretlow, Rivera, Fahy, Tapia, Jones, Stirpe, Lupardo, Meeks, McDonald, Conrad, Lee, Bronson, Wallace, Buttenschon, Pheffer Amato, Davila, Burke, Joyner, Fall, Aubry, Hunter, Williams, Eachus, Ramos, Bendett, Burdick, Mamdani, Alvarez, Darling, Kelles, DeStefano, McGowan, Ra, Gibbs, Flood, Blumencranz, McDonough, Walsh, Simpson, Smith, Dilan
 
MLTSPNSR
 
Amd Art 27 Art Head, Title 18 Title Head, §§27-1801, 27-1803, 27-1807, 27-1809 & 27-1811, En Con L
 
Relates to rechargeable battery recycling; adds a battery used as the principal electric power source for an electric scooter or bicycle with electric assist to the definition of "rechargeable battery"; provides that a battery manufacturer may not sell, offer for sale, or distribute rechargeable batteries in the state unless the battery manufacturer is implementing or participating under an approved plan; allows a city with a population of one million or more to enforce through its own agencies.
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A07339 Actions:

BILL NOA07339C
 
05/17/2023referred to environmental conservation
05/19/2023amend and recommit to environmental conservation
05/19/2023print number 7339a
05/23/2023reported referred to codes
05/31/2023reported referred to rules
06/06/2023amend and recommit to rules 7339b
01/03/2024referred to codes
05/28/2024amend and recommit to codes
05/28/2024print number 7339c
06/05/2024reported referred to rules
06/06/2024reported
06/06/2024rules report cal.489
06/06/2024substituted by s643e
 S00643 AMEND=E KAVANAGH
 01/05/2023REFERRED TO ENVIRONMENTAL CONSERVATION
 03/30/2023AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 03/30/2023PRINT NUMBER 643A
 04/27/2023AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
 04/27/2023PRINT NUMBER 643B
 05/09/20231ST REPORT CAL.815
 05/10/20232ND REPORT CAL.
 05/15/2023ADVANCED TO THIRD READING
 05/22/2023AMENDED ON THIRD READING 643C
 06/05/2023AMENDED ON THIRD READING 643D
 06/08/2023PASSED SENATE
 06/08/2023DELIVERED TO ASSEMBLY
 06/08/2023referred to codes
 01/03/2024died in assembly
 01/03/2024returned to senate
 01/03/2024REFERRED TO ENVIRONMENTAL CONSERVATION
 02/27/20241ST REPORT CAL.533
 02/28/20242ND REPORT CAL.
 03/04/2024ADVANCED TO THIRD READING
 03/28/2024PASSED SENATE
 03/28/2024DELIVERED TO ASSEMBLY
 03/28/2024referred to codes
 05/23/2024RECALLED FROM ASSEMBLY
 05/23/2024returned to senate
 05/23/2024VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/23/2024AMENDED ON THIRD READING 643E
 05/30/2024REPASSED SENATE
 05/30/2024RETURNED TO ASSEMBLY
 05/30/2024referred to codes
 06/06/2024substituted for a7339c
 06/06/2024ordered to third reading rules cal.489
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A07339 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7339C
 
SPONSOR: Glick
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to rechargeable battery recycling   PURPOSE: To maximize the removal of unwanted rechargeable batteries from the solid waste Stream.   SUMMARY OF PROVISIONS: Section one of the bill amends the heading of article 27 of the environ- mental conservation law. Section two of the bill amends the title heading of title 18 of article 27 of the environmental conservation law. Section three of the bill amends the short title of title 18 of article 27 of the environmental conservation law. Section four of the bill amends subdivision 4 of section 27-1803 of the environmental conservation law, as amended by chapter 562 of the laws of 2010, to include a battery used as the principal electric power source for an electric scooter or bicycle with electric assist in the defi- nition of rechargeable battery. This section also is also amended to set forth the definition of "sell" and "sale". Section five of the bill amend paragraphs subdivision 1 of section 27-1807 of the environmental conservation to specify retailer responsi- bilities. Section six of the bill amends paragraphs a and b of subdivision 2 of section 27-1807 of the environmental conservation law to specify produc- er responsibility. Section seven of the bill amends subdivision 2 of section 27-1807 of the environmental conservation law to provide for the safe collection and disposal of damaged or defective batteries collected by retailers and by government agencies and provides that a battery manufacturer may not sell, offer for sale, or distribute rechargeable batteries in the state unless they are implementing or participating under an approved plan. Section eight of the bill amends section 27-1807 of the environmental conservation law by adding new subdivision 6 which requires the depart- ment to promulgate rules and regulations to ensure the safe storage of rechargeable batteries that minimize the risk of fires. Section nine of the bill amends section 27-1809 of the environmental conservation law in relation to a city with a population of one million or more, that such city shall have concurrent authority to enforce the provisions of section 27-1805 and subdivision one of section 27-1807 of this title. Section ten of the bill amends section 27-1811 of the environmental conservation law, as added by chapter 562 of the laws of 2010, to clari- fy that the enforcement provisions in section 4 of the bill are not preempted in this subdivision. Section eleven of the bill sets forth the effective date.   JUSTIFICATION: While the utilization of rechargeable batteries can have positive impacts on our environment by reducing the amount of unwanted batteries in our solid waste stream, fully depleted rechargeable batteries that are treated as traditional waste can deteriorate and leak, ultimately leading to corrosion that releases toxic chemicals into our environment. That is why it is in the public interest of New York State to further maximize the safe collection and disposal of unwanted rechargeable batteries from the solid waste stream by requiring retailers and manufacturers of rechargeable batteries to take back and properly dispose of unwanted rechargeable batteries. The New York State law regarding the recycling of rechargeable batteries, enacted in 2010, A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring rechargeable battery retailers and manufacturers to establish a compre- hensive system for the collection, handling and proper disposal of rechargeable batteries.   LEGISLATIVE HISTORY: 2022:S2906 -REFERRED TO ENVIRONMENTAL CONSERVATION 2021:S2906 -REFERRED TO ENVIRONMENTAL CONSERVATION 2020:S2331 -REFERRED TO ENVIRONMENTAL CONSERVATION 2019:S2331 -REFERRED TO ENVIRONMENTAL CONSERVATION 2018:S7142A- REFERRED TO ENVIRONMENTAL CONSERVATION 2017:A8577 -stricken 2016:A5851 -referred to environmental conservation 2015:A5851 -referred to environmental conservation   EFFECTIVE DATE: This act shall take effect immediately.
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A07339 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7339--C
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A. GLICK, COLTON, OTIS, DURSO, GANDOLFO, SIMONE,
          L. ROSENTHAL, DE LOS SANTOS, REYES, DINOWITZ,  SIMON,  STERN,  THIELE,
          JACOBSON,  BORES,  ROZIC,  RAJKUMAR,  STECK,  McMAHON,  ANDERSON, KIM,
          GUNTHER, O'DONNELL, SHIMSKY, LUNSFORD, SANTABARBARA, EPSTEIN, BARRETT,
          FORREST, TAYLOR, CLARK, BICHOTTE HERMELYN, CARROLL, PAULIN, SEAWRIGHT,
          SHRESTHA, LAVINE,  BURGOS,  SLATER,  CUNNINGHAM,  SAYEGH,  MAGNARELLI,
          LEVENBERG,  K. BROWN, WOERNER, ARDILA, SILLITTI, RAGA, SOLAGES, VANEL,
          GONZALEZ-ROJAS, BENEDETTO,  JACKSON,  PRETLOW,  RIVERA,  FAHY,  TAPIA,
          JONES,   STIRPE,  LUPARDO,  MEEKS,  McDONALD,  CONRAD,  LEE,  BRONSON,
          WALLACE, BUTTENSCHON, PHEFFER AMATO, DAVILA, BURKE, FALL, AUBRY, HUNT-
          ER, WILLIAMS,  EACHUS,  RAMOS,  BENDETT,  BURDICK,  MAMDANI,  ALVAREZ,
          DARLING,  KELLES,  DeSTEFANO, MCGOWAN -- read once and referred to the
          Committee on Environmental Conservation -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on Codes -- reported and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules -- reported and referred to the Committee on Codes --  recom-
          mitted  to  the Committee on Codes in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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:
 
     1    Section  1.  The  article  heading  of article 27 of the environmental
     2  conservation law is amended to read as follows:
     3                  REDUCTION, COLLECTION, REUSE, RECYCLING,
     4          TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02434-20-4

        A. 7339--C                          2
 
     1    § 2. The title heading of title 18 of article 27 of the  environmental
     2  conservation  law,  as  added  by  chapter  562  of the laws of 2010, is
     3  amended to read as follows:
     4                    EXTENDED PRODUCER RESPONSIBILITY FOR
     5                 RECHARGEABLE [BATTERY RECYCLING] BATTERIES
 
     6    §  3.  Section 27-1801 of the environmental conservation law, as added
     7  by chapter 562 of the laws of 2010, is amended to read as follows:
     8  § 27-1801. Short title.
     9    This title shall be known as and may be cited as the "[New York State]
    10  Extended Producer Responsibility  Law  for  Rechargeable  [Battery  Law]
    11  Batteries".
    12    §  4.  Subdivision 4 of section 27-1803 of the environmental conserva-
    13  tion law, as added by chapter 562 of the laws of 2010, is amended and  a
    14  new subdivision 7 is added to read as follows:
    15    4.  "rechargeable battery" means any rechargeable: (i) nickel-cadmium,
    16  sealed lead, lithium ion, nickel metal hydride battery[,]; (ii)  battery
    17  used  as  the principal electric power source for an electric scooter or
    18  bicycle with electric assist; or (iii) any other such dry  cell  battery
    19  capable  of  being  recharged  weighing  less  than  [twenty-five] fifty
    20  pounds, or battery packs containing such batteries; (iv) but  shall  not
    21  include  a  battery  used  as  the principal electric power source for a
    22  vehicle, such as, but not limited to, an automobile, boat, truck,  trac-
    23  tor, golf cart or wheelchair; for storage of electricity generated by an
    24  alternative  power  source,  such as solar or wind-driven generators; or
    25  for memory backup that is an integral component of an electronic device;
    26    7. "sell" or "sale" means any transfer for consideration of  title  or
    27  the  right  to use, from a manufacturer or retailer to a person, includ-
    28  ing, but not limited to, transactions  conducted  through  retail  sales
    29  outlets,  catalogs, mail, the telephone, the internet, or any electronic
    30  means; "sell" or "sale" shall not include samples, donations, and reuse.
    31    § 5. Paragraphs a and d of subdivision 1 of  section  27-1807  of  the
    32  environmental conservation law, as added by chapter 562 of the  laws  of
    33  2010, are amended to read as follows:
    34    a. Retailers having a place of business in the state shall accept from
    35  consumers   at  any  time  during  normal  business  hours  rechargeable
    36  batteries of a similar shape, size [and  shape],  and  function  as  the
    37  retailer offers for sale.  Retailers shall take up to ten such batteries
    38  per  day  from  any  person  regardless of whether such person purchases
    39  replacement batteries, and retailers shall  also  accept  as  many  such
    40  batteries  as  a  consumer purchases from the retailer.  Retailers shall
    41  conspicuously post and maintain, at or near the point of  entry  to  the
    42  place  of  business,  a  legible  sign, not less than eight and one-half
    43  inches  by  eleven  inches  in  size,  stating  that  used  rechargeable
    44  batteries of the size and shape sold or offered for sale by the retailer
    45  may  not enter the solid waste stream, and that the retail establishment
    46  is a collection site for recycling such batteries. Such sign shall state
    47  the following in letters at least one inch in height: "It is illegal  to
    48  dispose  of  rechargeable  batteries  in  the state of New York as solid
    49  waste. We accept used rechargeable batteries for return to the  manufac-
    50  turer."
    51    d.  Retailers may not sell or offer for sale to consumers in the state
    52  rechargeable batteries unless the battery manufacturer is  operating  in
    53  accordance   with  a  collection,  transportation,  and  recycling  plan
    54  approved by the commissioner. The commissioner  shall  maintain  on  the
    55  department's  website  a  list  of manufacturers operating in accordance

        A. 7339--C                          3
 
     1  with approved plans, and  the  brands  covered  by  such  manufacturer's
     2  plans.
     3    e.  Retailers must be in compliance with the provisions of this subdi-
     4  vision no later than one hundred eighty days after the effective date of
     5  this title or, with respect to a rechargeable battery defined  in  para-
     6  graph  (ii)  of  subdivision  four of section 27-1803 of this title, and
     7  with respect to the requirements of paragraph (d)  of  this  subdivision
     8  one  year  after  the  effective  date of the chapter of the laws of two
     9  thousand twenty-four which amended this title, or when the  commissioner
    10  has  approved  a  new  or  updated plan in compliance with such chapter,
    11  whichever is later.
    12    § 6. Paragraphs a and b of subdivision 2 of  section  27-1807  of  the
    13  environmental  conservation  law, as added by chapter 562 of the laws of
    14  2010, are amended to read as follows:
    15    a. Within ninety days of the effective date of  this  title  or,  with
    16  respect  to rechargeable batteries defined in paragraph (ii) of subdivi-
    17  sion four of section 27-1803 of this title, within  one  hundred  eighty
    18  days  of  the  effective date of the chapter of the laws of two thousand
    19  twenty-four that amended such paragraph, submittance to the commissioner
    20  of a new or updated plan that identifies the methods  by  which  battery
    21  manufacturers  will  safely collect, transport, and recycle rechargeable
    22  batteries collected by retailers at the expense of the battery  manufac-
    23  turer  and  provide  retailers with information on the safe handling and
    24  storage of rechargeable batteries.
    25    b. Submittance  to  the  department  of  annual  reports,  on  a  form
    26  prescribed  by  the  department,  concerning  the amount of rechargeable
    27  batteries received within the state and recycled either by number or  by
    28  weight,  including the weight of rechargeable batteries defined in para-
    29  graph (ii) of subdivision four of section 27-1803 of this title received
    30  within the state as well as within a  city  with  a  population  of  one
    31  million  or  more;  the  costs  of  such efforts; and any other relevant
    32  information as required by the department.
    33    § 7. Subdivision 2 of section 27-1807 of the  environmental  conserva-
    34  tion  law  is  amended by adding a new paragraph d and a new subdivision
    35  2-a is added to read as follows:
    36    d. Providing for the  safe  and  prompt  collection  and  disposal  of
    37  batteries  from  electric  scooters  or  bicycles  with  electric assist
    38  collected by retailers and by government agencies.
    39    2-a.  A battery manufacturer may not sell, offer for sale, or distrib-
    40  ute rechargeable batteries in the state unless the battery  manufacturer
    41  is  implementing  or  participating under an approved plan in accordance
    42  with this section.
    43    § 8. Section 27-1807 of the environmental conservation law is  amended
    44  by adding a new subdivision 6 to read as follows:
    45    6.  The department shall, within one hundred eighty days of the effec-
    46  tive date of the chapter of the laws of two  thousand  twenty-four  that
    47  added  this  subdivision, promulgate rules and regulations to ensure the
    48  safe storage of rechargeable batteries that minimizes the risk of fires.
    49  Such rules and regulations shall also, at a minimum,  require  retailers
    50  to:
    51    a.  coordinate  with  a  battery manufacturer,   or any combination of
    52  battery manufacturers working together, to  regularly  remove  batteries
    53  from the retail location; and
    54    b. inform all employees who handle or have responsibility for managing
    55  batteries about proper handling and emergency procedures, including fire

        A. 7339--C                          4
 
     1  related  hazards, appropriate to the type or types of battery handled by
     2  the retailer.
     3    §  9. Section 27-1809 of the environmental conservation law is amended
     4  by adding a new subdivision 5 to read as follows:
     5    5.  In a city with a population of one  million  or  more,  such  city
     6  shall, in addition to any authority otherwise conferred in this chapter,
     7  have  concurrent  authority  to enforce, by   an   agency   or  agencies
     8  designated for such purpose by the mayor of such city, the provisions of
     9  section 27-1805 and subdivision one of section 27-1807  of  this  title.
    10  Any  notice  of violation issued by an agency designated by the mayor of
    11  such city charging a violation of section 27-1805 and subdivision one of
    12  section 27-1807 of this title shall be returnable to  the  environmental
    13  control  board of such city. Such environmental control board shall have
    14  the power to impose the civil penalties set forth in  subdivisions  one,
    15  two  and  three  of  this section. All civil penalties collected for any
    16  violation of this title that have  been  imposed  by  the  environmental
    17  control  board  of such city shall be paid into the general fund of such
    18  city.
    19    § 10. Section 27-1811 of the environmental conservation law, as  added
    20  by chapter 562 of the laws of 2010, is amended to read as follows:
    21  § 27-1811. State preemption.
    22    Jurisdiction in all matters pertaining to rechargeable battery recycl-
    23  ing is, by this title, vested exclusively in the state. Any provision of
    24  any local law or ordinance, or any rule or regulation promulgated there-
    25  to,  governing  rechargeable battery recycling shall, upon the effective
    26  date of section 27-1805 of this title, be preempted; provided,  however,
    27  that  nothing in this section shall preclude a person from coordinating,
    28  for recycling or reuse, the collection  of  rechargeable  batteries  and
    29  provided,  further, however, that nothing in this section shall preclude
    30  the enforcement of this title pursuant to subdivision  five  of  section
    31  27-1809 of this title.
    32    § 11. This act shall take effect immediately.
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