Relates to the recycling, reuse and safe handling of electronic equipment sold in the state of New York

Section 2 of the bill would add a new Title 26 to Article 27 (Title 26) of the Environmental Conservation Law (ECL), entitled "Electronic equipment recycling and reuse." The new ECL sections are as follows.

ECL § 27-2601 would establish definitions for terms used in the title, including: * "Covered electronic equipment," meaning a computer, computer peripheral, cathode ray tube, television, and small electronic equipment. * "Computer peripheral," meaning a monitor, keyboard, mouse or other pointing device, facsimile machine, document scanner or printer intended for use with a computer, and any cables, cords or wiring permanently affixed to such products. * "Consumer," meaning a person located in the state who a person located in the state who owns or uses covered electronic equipment, including but not limited to an individual, a business, corporation, limited partnership, not-for-profit corporation, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer. * "Small electronic equipment," meaning a battery-powered portable digital music player with memory capability, video cassette recorder, digital video disc player, digital video recorder, digital converter box, cable or satellite receiver or electronic or video game consoles and any cables, cords or wiring permanently affixed to the equipment. * "Electronic waste," meaning covered electronic equipment that has been discarded or is no longer wanted. * "Electronic waste collection site," meaning a site at which electronic waste is accepted from consumers and stored for not more than five days per year before such waste is transported elsewhere. * "Electronic waste consolidation facility," meaning a facility that receives and stores electronic waste for the purpose of organizing, categorizing or consolidating items of electronic waste before such waste is transported to an electronic waste recycling facility. *"Electronic waste recycling facility," meaning a facility at which electronic waste is recycled. * "Manufacturer", meaning a person who assembles covered electronic equipment for sale in this State; manufactures covered electronic equipment under its own brand name or under any other brand name for sale in this State; sells under its own brand name covered electronic equipment in the State; owns a brand name that it licenses to another person for use on covered electronic equipment that is sold in the State; imports covered electronic equipment for sale in the State; or manufactures covered electronic equipment for sale in the State without affixing a brand name.

ECL § 27-2603 would require manufacturers to accept for recycling or reuse electronic waste for which it is the manufacturer from consumers in the State and accept one product return for every product of the same type which it sells beginning July 1, 2011. Manufacturers would also be required to take their market share of electronic waste, by weight, as determined by the department based on the three year average of annual sales in the State.

This section would also establish a statewide recycling or reuse goal. More specifically:

* For the period July 1, 2011 through December 31, 2011, the statewide recycling or reuse goal would be one half of three pounds per capita. * For calendar year 2012, the statewide recycling or reuse goal would be four pounds per capita. * For calendar year 2013, the statewide recycling or reuse goal would be five pounds per capita. * For calendar year 2014 and thereafter, the statewide recycling or reuse goal would be the base weight multiplied by the goal attainment percentage. * The base weight is the average of the total amount of weight of electronic waste collected for recycling and reuse in the prior three years. * The goal attainment percentage ranges from 90-110% based on the relationship of base weight to the prior year's statewide recycling or reuse goal.

Each manufacturer would be assigned a proportion of the statewide recycling or reuse goal based on the weight of that manufacturer's market share of sales. This section would also establish recycling surcharges for the failure of manufacturers to meet such standards.

Beginning in calendar year 2014, a manufacturer also would be able to bank, trade or sell credits for the amount of electronic waste it collects in excess of its annual obligation. Such credits shall account for a maximum of twenty-five percent of a manufacturer's obligation in a calendar year. A manufacturer that fails to accept its required weight of electronic waste, in the absence of a waiver from DEC, would be subject to a recycling surcharge based on the percent of electronic waste it collected.

ECL § 27-2605 would establish registration requirements for manufacturers of covered electronic equipment sold in the State, and require each manufacturer of covered electronic equipment to register with the Department of Environmental Conservation (DEC) by January 1, 2011, pay a $5,000 registration fee; and require any person who becomes a manufacturer after January 1, 2011 to register with DEC before selling or offering for sale covered electronic equipment in the State. This section would prescribe manufacturer responsibilities under Title 26. In summary, this section would prohibit a manufacturer from selling or offering for sale in the State covered electronic equipment unless the manufacturer:

* Maintains an electronic waste acceptance program through which the manufacturer, either directly or through an agent or designee, accepts e-waste from consumers in the State for recycling or reuse. * Accepts electronic waste from consumers in the State through methods that are available and reasonably convenient to such consumers. * Accepts electronic waste free of charge from consumers in the State. * Accepts, manages and recycles electronic waste in a manner that complies with all applicable laws, rules and regulations. * Maintains a public education program to inform consumers in the State about the manufacturer's electronic waste acceptance program, which must include a toll-free telephone number, internet website and provide written information with the equipment at the time of sale that provides information to consumers on how to return the manufacturers covered electronic equipment for reuse or recycling and, for appropriate manufacturers, provides instructions to consumers to on how to destroy personal or confidential information contained in any computer, hard drive or other covered electronic equipment with internal memory, and make such information available for dissemination by retailers of the manufacturer's products at the time of purchase.

Manufacturers would be permitted to work collectively to satisfy the requirements of this section, subject to the same requirements for individual manufacturers.

Manufacturer would be permitted to assess a fee or other charge to recoup the cost of collection, handling, and recycling or reuse of electronic waste from any for-profit or not-for-profit corporation having more than twenty five full-time employees.

ECL § 27-2607, as of July 1, 2011, would:

(1) require retailers to make available information provided by manufacturers on the manufacturers' electronic waste acceptance programs; and

(2) prohibit a retailer in the State from selling or offering for sale any covered electronic equipment in the State unless such manufacturer and the manufacturer's brands are registered with DEC. Also provides that if the sale take place within 180 days of revocation or expiration of registration with the Department of Environmental Conservation (DEC), the retailer may sell the electronic device to a household or school.

ECL § 27-2609 would require that each piece of covered equipment bearing the manufacturer's brand has affixed on it a label identifying the manufacturer by July 1, 2011.

ECL § 27-2611 would establish prohibitions on the disposal of electronic waste in the State. Beginning July 1, 2011, a manufacturer, retailer, owner or operator of an electronic waste collection site, electronic waste consolidation facility or electronic waste recycling facility would be prohibited from disposing electronic waste at a solid or hazardous waste management facility in the State. Beginning January 1, 2012, any person except an individual or household would be prohibited from disposing of electronic waste at a solid or hazardous waste management facility in the State and waste haulers would be required to provide educational information on the proper disposal of electronic waste. Beginning January 1, 2012, an owner or operator of a solid or hazardous waste management facility in the state would be required to educate users of the facility of the proper methods of recycling of electronic waste and to conspicuously post signs at such facility stating that electronic waste may not be disposed there. Finally, Beginning January 1, 2016, individuals and households would be prohibited from disposing electronic waste at a solid or hazardous waste management facility.

ECL §27-2613 would establish minimum standards for electronic waste collection sites, electronic waste consolidation facilities and electronic waste recycling facilities located in the State.

ECL § 27-2615 would: (1) authorize DEC to promulgate rules and regulations necessary for implementation of this title and require DEC to promulgate regulations on reuse, electronic waste acceptance credits, recycling surcharge waivers, and acceptable methods for the determination of sales data; (2) require DEC to maintain and post on its website a list of all registered manufacturers and a list of each manufacturer's brands; and (3) authorize DEC to waive the recycling surcharges payable under ECL § 27-2603 based on a manufacturers application. ECL § 27-2617 would require manufacturers to submit an annual report beginning March 1, 2012, which would include information that would, among other things, allow DEC to assess compliance with Title 26. This section would also require manufacturers to pay a $3,000 annual reporting fee. DEC would be required, on or before April 1, 2012 and biennially thereafter, report to the Governor, Temporary President of the Senate and the Speaker of the Assembly on the implementation of Title 26. Such report would include an evaluation of the electronic waste stream in the state and the availability of electronic waste for recycling and reuse, an evaluation of the electronic waste acceptance, collection, recycling and reuse conducted pursuant to Title 26, an evaluation of compliance and enforcement of Title 26, recommendations for amendments to Title 26 and a discussion of opportunities for business development in the state related to electronic waste acceptance, collection, recycling and reuse.

ECL § 27-2619 would establish the bill's preemptive effect. Specifically, this section would provide that jurisdiction in all matters pertaining to electronic waste recycling and reuse, including the obligations of manufacturers, retailers, electronic waste collection sites, electronic waste consolidation facilities, electronic waste recycling facilities is vested exclusively in the State, and any provision of any local law or ordinance or regulation promulgate thereto, governing such matters shall upon the effective date of the Act be preempted.

ECL § 27-2621 would require fees and charges paid pursuant to under Title 26 be deposited in the environmental regulatory account, except that recycling surcharges would be paid to the solid waste account of the Environmental Protection Fluid for municipal recycling programs.

Section 3 of the bill would amend Article 71 of the ECL by adding a new section 71-2729 which would establish civil penalties for violations of Title 26.

Section 4 of the bill would prove a severability clause applicable to the Act.

Section 5 of this bill provides that the bill would take effect immediately.

Existing law

Title 7 (Solid Waste) and Title 9 (Hazardous Waste) of ECL Article 27 authorize DEC to regulate the storage, disposal, transport and treatment of solid and hazardous wastes in an environmentally sound manner, and to encourage recycling, recovery and reuse of all solid and hazardous waste to conserve resources and reduce waste. Title 21 of ECL Article 27 regulates mercury-containing consumer products, which includes some used electronics.

Legislative history

2009: S.6047-Died in Senate A.9049-Passed 6/22/09

Statement in support

Over the last twenty years, the world has entered the digital age. The sale of electronics in the U.S. has increased from 61 million units in 1987 to more than 426 million units in 2007. This growth in sales, coupled with rapid technology development that leads to more immediate obsolescence, has facilitated a dramatic growth of the nation's electronics waste stream. The U.S. Environmental Protection Agency (EPA) estimates that the amount of electronic waste entering the waste stream almost doubled between 1999 and 2007, from 7.7 to 14.9 pounds per person per year. While the amount of material collected for recycling has increased somewhat in the last few years, the rate of electronic waste or lie-waste" that has been diverted from the waste stream has remained small. EPA estimates that 10 percent of electronics generated were ultimately recycled in 2000 as compared to 13.6 percent in 2007.

The proliferation of electronic waste or lie-waste" has created a new challenge for waste management. The presence of certain hazardous constituents in once useful electronic equipment, such as lead, cadmium, mercury and other hazardous constituents makes proper management of e-waste essential to protecting public health and the environment. For example, televisions and computer monitors with glass screens (CRTs) often contain lead, while those with flat panel screens can contain mercury. Electronic components can contain a variety of hazardous chemicals and compounds.

Currently a comprehensive system for managing the rapidly growing problem of e-waste does not exist in New York State. In the absence of a comprehensive State-wide recycling law, consumers are left with a patchwork of local collection options, voluntary programs sponsored by a few manufacturers, and the disposal of a significant amount of e-waste. Collection events hosted by municipalities are expensive, infrequent, and do not effectively address collection in all areas of the State.

In addition, many of the components of electronics are valuable, and can be recycled or reused, materials, including ferrous and non-ferrous metals, precious metals and even glass. Disposal of e-waste wastefully discards these materials.

This bill proposes to establish a comprehensive State-wide electronic equipment reuse and recycling program using a product stewardship model. The product stewardship model encourages the cost of end-of-life management to be incorporated into the product prices, ensuring that both the product user and manufacturer to play a role in reducing waste. As manufacturers are required to collect, reuse and recycle their own covered electronic equipment, they will be encouraged to develop (l) products containing fewer hazardous constituents, (2) more reusable components, and (3) products that are ultimately designed with the environment in mind. Establishing this electronic waste recycling model would provide New York State consumers with an environmentally sound end-of-life management alternative for their e-waste. In addition, an increase of recoverable materials will be realized from the recycling of electronic waste. Recovered materials will in turn be reused in new electronic equipment or other products, decreasing the need for new raw materials. Also, as electronic wastes are diverted from landfills, limited landfill capacity will be saved.

The establishment of an electronic equipment reuse and recycling program should be considered this year because attention to the issue of e-waste at the local, state, and national level has been growing. To date, nearly twenty other states have adopted electronic waste recycling laws. In addition, television signals will soon switch from analog to digital, which will likely result in an increased number of New York consumers purchasing high definition televisions and discarding older cathode ray tube (CRT) televisions, and spike in the e-waste stream. Establishing a comprehensive electronic equipment reuse and recycling program will protect the health, safety, and welfare of all the citizens of New York State, as well as enhance and maintain the quality of the environment.

Budget implications

This bill should not have an impact on the State budget because the fees that would be imposed by Title 26 are expected to cover the cost to administer the program.

Effective date

This bill would take effect immediately.