§ 27-1807 — Rechargeable battery recycling program

New York § 27-1807

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 18: Extended Producer Responsibility For Rechargeable Batteries
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-1807. Rechargeable battery recycling program.\n 1. Rechargeable batteries shall be returned to a retailer that sells\nsuch batteries that are similar in shape, size and function to those to\nbe disposed of. Rechargeable batteries contained in electronic products\nmust be removed prior to disposal of such product.\n a. Retailers having a place of business in the state shall accept from\nconsumers at any time during normal business hours rechargeable\nbatteries of a similar shape, size, and function as the retailer offers\nfor sale. Retailers shall take up to ten such batteries per day from any\nperson regardless of whether such person purchases replacement\nbatteries, and retailers shall also accept as many such batteries as a\nconsumer purchases from the retailer. Retailers shall conspicuously post\nand maintain, at or near the point of entry to the place of business, a\nlegible sign, not less than eight and one-half inches by eleven inches\nin size, stating that used rechargeable batteries of the size and shape\nsold or offered for sale by the retailer may not enter the solid waste\nstream, and that the retail establishment is a collection site for\nrecycling such batteries. Such sign shall state the following in letters\nat least one inch in height: "It is illegal to dispose of rechargeable\nbatteries in the state of New York as solid waste. We accept used\nrechargeable batteries for return to the manufacturer."\n b. Retailers that sell rechargeable batteries to consumers in the\nstate through non-retail outlets such as through catalogs, or by mail,\ntelephone or the internet shall provide at the time of purchase or\ndelivery to the consumer notice of an opportunity to return used\nrechargeable batteries at no cost to the consumer for reuse or\nrecycling.\n c. Retailers in the state shall conspicuously maintain, at a location\nwithin the retail establishment that is convenient for use by consumers,\ncollection boxes or other suitable receptacles, supplied by the\nmanufacturer, into which consumers may safely deposit used rechargeable\nbatteries.\n d. Retailers may not sell or offer for sale to consumers in the state\nrechargeable batteries unless the battery manufacturer is operating in\naccordance with a collection, transportation, and recycling plan\napproved by the commissioner. The commissioner shall maintain on the\ndepartment's website a list of manufacturers operating in accordance\nwith approved plans, and the brands covered by such manufacturer's\nplans.\n e. Retailers must be in compliance with the provisions of this\nsubdivision no later than one hundred eighty days after the effective\ndate of this title or, with respect to a rechargeable battery defined in\nparagraph (ii) of subdivision four of section 27-1803 of this title, and\nwith respect to the requirements of paragraph d of this subdivision one\nyear after the effective date of the chapter of the laws of two thousand\ntwenty-five which amended this title, or when the commissioner has\napproved a new or updated plan in compliance with such chapter,\nwhichever is later.\n 2. Every battery manufacturer, or any combination of battery\nmanufacturers working together, shall, at the battery manufacturer's own\nexpense, arrange for the return of, and recycling of, all used\nrechargeable batteries collected by retailers. Every battery\nmanufacturer or any combination of battery manufacturers working\ntogether, shall be responsible for, at a minimum, the following:\n a. Within ninety days of the effective date of this title or, with\nrespect to rechargeable batteries defined in paragraph (ii) of\nsubdivision four of section 27-1803 of this title, within one hundred\neighty days of the effective date of the chapter of the laws of two\nthousand twenty-five that amended such paragraph, submittance to the\ncommissioner of a new or updated plan that identifies the methods by\nwhich battery manufacturers will safely collect, transport, and recycle\nrechargeable batteries collected by retailers at the expense of the\nbattery manufacturer and provide retailers with information on the safe\nhandling and storage of rechargeable batteries.\n b. Submittance to the department of annual reports, on a form\nprescribed by the department, concerning the amount of rechargeable\nbatteries received within the state and recycled either by number or by\nweight, including the weight of rechargeable batteries defined in\nparagraph (ii) of subdivision four of section 27-1803 of this title\nreceived within the state as well as within a city with a population of\none million or more; the costs of such efforts; and any other relevant\ninformation as required by the department.\n c. Undertaking of efforts to educate the citizens of the state\nregarding the appropriate ways to recycle rechargeable batteries.\n d. Providing for the safe and prompt collection and disposal of\nbatteries from electric scooters or bicycles with electric assist\ncollected by retailers and by government agencies.\n 2-a. A battery manufacturer may not sell, offer for sale, or\ndistribute rechargeable batteries in the state unless the battery\nmanufacturer is implementing or participating under an approved plan in\naccordance with this section.\n 3. The commissioner shall approve or reject any battery manufacturer's\ncollection, transportation, and recycling plans described in paragraph a\nof subdivision two of this section within ninety days of submission and,\nif rejected, inform the battery manufacturer in writing as to any\ndeficiencies in said plan. Battery manufacturers shall amend and\nresubmit any rejected plans for reconsideration within sixty days of\nnotification of the rejection of said plan. The commissioner shall\napprove or reject said plan within thirty days of resubmission.\n 4. The commissioner shall analyze the information provided by battery\nmanufacturers pursuant to paragraph b of subdivision two of this section\nand report such analysis to the governor and the legislature every two\nyears.\n 5. The commissioner is authorized to promulgate any rules and\nregulations needed to implement this title.\n 6. The department shall, after consultation with the office of fire\nprevention and control in the division of homeland security and\nemergency services and the fire department of the city of New York,\nwithin one hundred eighty days of the effective date of the chapter of\nthe laws of two thousand twenty-five that added this subdivision,\npromulgate rules and regulations to ensure the safe storage of\nrechargeable batteries that minimizes the risk of fires. Such rules and\nregulations shall also, at a minimum, require retailers to:\n a. coordinate with a battery manufacturer, or any combination of\nbattery manufacturers working together, to regularly remove batteries\nfrom the retail location; and\n b. inform all employees who handle or have responsibility for managing\nbatteries about proper handling and emergency procedures, including fire\nrelated hazards, appropriate to the type or types of battery handled by\nthe retailer.\n