§ 27-2617 — Reporting requirements

§ 27-2617. Reporting requirements.\n 1. Beginning March first, two thousand twelve, for the period of April\nfirst, two thousand eleven through December thirty-first, two thousand\neleven and each calendar year thereafter, a manufacturer that offers\ncovered electronic equipment for sale in this state shall submit a\nreport to the department on a form prescribed by the department that\nincludes the following:\n (a) sales data reported by weight for the manufacturer's covered\nelectronic equipment sold in this state for the previous three calendar\nyears, categorized by type to the extent known. If the manufacturer\ncannot provide accurate state sales data, it must explain why such data\ncannot be provided, and estimate state sales data by (i) dividing its\nnational sales data by weight by the national population according to\nthe most recent census and multiplying the result by the population of\nthe state, or (ii) another method approved by the department;\n (b) the quantity, by weight, of electronic waste collected for\nrecycling or reuse in this state, categorized by the type of covered\nelectronic equipment collected during the reporting period, the methods\nused to accept the electronic waste, and the approximate weight of\nelectronic waste accepted by each method used to the extent known;\n (c) all quantities of electronic waste reported by the manufacturer\nmust separately include electronic waste generated by New York state\nconsumers and electronic waste received from or shipped outside the\nstate: (i) the quantity, by weight, of electronic waste received\ndirectly from consumers in the state through a mail back program; (ii)\nthe name and address of each electronic waste collection site,\nelectronic waste consolidation facility, and electronic waste recycling\nfacility at which electronic waste from consumers was received on behalf\nof the manufacturer during the reporting period, along with the\nquantity, by weight, of electronic waste received; and (iii) the name\nand address of each person to whom the manufacturer sent electronic\nwaste or component materials during the reporting period, along with the\nquantity, by weight, of electronic waste or component materials thereof\nsent to each such person;\n (d) the number of electronic waste acceptance credits purchased, sold,\nbanked and traded during the reporting period, the number of electronic\nwaste acceptance credits used to meet the requirements of section\n27-2603 of this title, and from whom they were purchased and to whom\nthey were sold or traded, and the number of electronic waste acceptance\ncredits retained as of the date of the report;\n (e) the amount of any recycling surcharge owed for the reporting\nperiod, with sufficient information to demonstrate the basis for the\ncalculation of the surcharge;\n (f) the names and locations of electronic waste recycling facilities\nutilized by the manufacturer and entities to which electronic waste is\nsent for reuse, whether in the state or outside the state, including\ndetails on the methods of recycling or reuse of electronic waste, any\ndisassembly or physical recovery operation used, and the environmental\nmanagement measures implemented by such recycling facility or entity;\n (g) information detailing the acceptance methods made available to\nconsumers in municipalities which have a population of greater than ten\nthousand and in each county of the state to meet the requirements of\nparagraph (a) of subdivision five of section 27-2605 of this title;\n (h) a brief description of its public education program including the\nnumber of visits to the internet website and calls to the toll-free\ntelephone number provided by the manufacturer as required by section\n27-2605 of this title;\n (i) any other information as required by the department; and\n (j) a signature by an officer, director, or other individual affirming\nthe accuracy of the report.\n 2. The department may require annual reports to be filed\nelectronically.\n 3. The report shall be accompanied by an annual reporting fee of three\nthousand dollars, and any recycling surcharge due pursuant to section\n27-2603 of this title.\n 4. The department shall submit a report on implementation of the title\nin this state to the governor and legislature by April first, two\nthousand twelve and every two years thereafter. The report must include,\nat a minimum, an evaluation of:\n (a) the electronic waste stream in the state;\n (b) recycling and reuse rates in the state for covered electronic\nequipment;\n (c) a discussion of compliance and enforcement related to the\nrequirements of this title;\n (d) recommendations for any changes to this title; and\n (e) a discussion of opportunities for business development in the\nstate related to the acceptance, collection, handling and recycling or\nreuse of electronic equipment in this state.\n