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History
- Signed chap.562
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.776
- Substituted for A6813D
- Referred to environmental conservation
- Returned to assembly
- Repassed senate
- Amended on third reading 3593c
- Vote reconsidered - restored to third reading
- Returned to senate
Show 15 earlier actions
- Recalled from assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 59–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.297
- Reported and committed to codes
- Referred to environmental conservation
- Print number 3593b
- Amend and recommit to codes
- Reported and committed to codes
- Print number 3593a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the recycling of rechargeable batteries and prohibits disposal as solid waste
Assembly Floor Calendar · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to recycling rechargeable batteries
Purpose
To require New York State residents to recycle rechargeable batteries instead of disposing of them as solid waste. This law requires rechargeable battery manufacturers to work in partnership with New York retailers to set up a free, easily accessible recycling network for residents.
New York retailers that sell rechargeable batteries shall collect them from consumers for recycling. Retailers are required to post a legible sign stating that used rechargeable batteries of the size and shape sold or offered by the retailer may not enter the solid waste stream, and that the retail establishment is a collection site for recycling such batteries at no-cost to the consumer. Retailers are required to conspicuously maintain a collection box or other suitable receptacle easily accessible by customers, into which consumers may deposit used rechargeable batteries. Online, mail, and telephone retailers must provide this information at the time of purchase or upon delivery of the product. Battery manufactures must then arrange for the return and recycling of all used rechargeable batteries collected by retailers at the manufacturer's expense.
Read the full memo (776 words)
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.
Summary of provisions
Section 1.
- Legislative intent and findings
Section 2.
- Creates a new section of the Environmental Conservation Law on rechargeable battery recycling
- Prohibits the disposal of rechargeable batteries in mixed solid waste and requires manufacturers of rechargeable batteries to take back and recycle the used rechargeable batteries sold or disposed of in the state.
- Definitions Battery manufacturer, consumer, place of business, rechargeable battery, retailer, food store,
- Rechargeable battery recycling program No person shall knowingly dispose of rechargeable batteries as solid waste at any time in the state.
- 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 illegal 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 and recycling of all used rechargeable batteries collected by retailers, at the manufacturer's expense.
- Within six months 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 the 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.
- State Preemption
Jurisdiction in all matters pertaining to rechargeable battery recycling is, by this title, vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing rechargeable battery recycling shall, upon the effective date of section 27-1805 of this title, be preempted; provided, however, that nothing in this section shall preclude a person from coordinating, for recycling or reuse, the collection of rechargeable batteries.
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.
Rechargeable batteries when not properly disposed of can pollute lakes and streams as the metals vaporize into the air when burned or incinerated; contribute to metals leaching from solid waste landfills; expose the environment and water supply to lead and acid contamination; and contain strong corrosive acids; cause bums 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 Corporation in promoting the recycling of rechargeable batteries.
Fiscal implications
None.
Effective date
This act shall take effect immediately; provided, however 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.