Provides for the recycling of rechargeable batteries and prohibits disposal as solid waste

11 Co-sponsors

• Francine DelMonte
• Ellen C. Jaffee
• Grace Meng
• Adriano Espaillat
• William Colton
• Vivian Cook
• Steven Englebright
• Sandy Galef
• Barbara Lifton
• Linda Rosenthal
• Michele Titus

14 Multi-sponsors

• George Amedore
• Dennis H. Gabryszak
• Deborah Glick
• Timothy P. Gordon
• Richard Gottfried
• Earlene Hooper
• Susan John
• George Latimer
• William Magee
• Joel Miller
• Audrey Pheffer
• Fred Thiele
• David Townsend
• Harvey Weisenberg

BILL NUMBER:A6813D

Title of bill

An act to amend the environmental conservation law, in relation to recycling rechargeable batteries

Purpose

To require rechargeable batteries to be recycled.

Summary of provisions

Section 1 - Legislative intent and findings.

Section 2 - Creates a new title of the Environmental Conservation Law on rechargeable battery recycling. Prohibits the disposal of rechargeable batteries in mixed solid waste and requires manufacturers of rechargea- ble batteries to accept and recycle used rechargeable batteries collected by retailers. Defines battery manufacturer, consumer, place of business, rechargeable battery, retailer, and food store. Creates a rechargeable battery recycling program in which rechargeable batteries are returned to retailers.

Further provisions are as follows:

- Rechargeable batteries shall be returned to a retailer that sells such batteries that are similar in shape, size and function. Batteries must be removed from the electronic product in which they are contained.

- Retailers shall conspicuously post a legible sign stating "It is ille- gal to dispose of rechargeable batteries in the state of New York as solid waste. We accept used rechargeable batteries for return to the manufacturer."

- Retailers that sell rechargeable batteries to consumers in the state by catalog or mail, telephone or the internet shall provide notice of the ability to return used rechargeable batteries at no cost to the consumer for recycling.

- Every battery manufacturer shall arrange for the return anal recycling of all used rechargeable batteries collected by retailers, at the manufacturers expense.

- Within ninety days of the effective date of this title, the battery manufacturers will submit a plan to the commissioner to identify the methods by which the manufacturers will collect, transport and recycle rechargeable batteries collected by retailers. The commissioner must approve the plan.

- The Commissioner shall promulgate any rules and regulations needed to implement this title.

- Any person, retailer or manufacturer who violates the provisions of this title shall be liable for civil penalties.

Section 3 - Sets forth the effective date.

Justification

Although rechargeable batteries can reduce waste and energy because of a longer life span than non-rechargeable batteries, they also can contain toxic metals, such as cadmium and lead. Examples of products containing rechargeable batteries include: cellular and cordless phones, digital cameras, MP3 players, laptop computers, remote control toys, electric razors, and cordless power tools.

When not properly disposed of, rechargeable batteries can pollute lakes and streams as the metals vaporize into the air when burned or inciner- ated; leach into solid waste landfills; and cause burns or other damage to eyes and skin.

Members of the battery industry voluntarily started the Rechargeable Battery Recycling Corporation (RBRC) in 1994 to encourage consumers and retailers to participate in recycling rechargeable batteries. This bill would continue the work of the RBRC in promoting the recycling of rechargeable batteries.

Legislative history

New bill in the Assembly.

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, howev- er that section 27-1805 of the Environmental Conservation Law, as added by section two of this act, shall take effect on the three hundred sixtieth day after it shall have become a law.