Enacts the "electronic equipment recycling and reuse act"

Title of bill

An act to amend the environmental conservation law, in relation to the recycling, reuse and safe handling of electronic equipment sold in the state of New York

Purpose

The purpose of this bill is to establish an electronic equipment recycling and reuse program.

Summary of provisions

This bill would:

* Define covered electronic device to include computers, televisions, printers and other devices; * Require manufacturers of covered electronic equipment to develop a plan and become responsible for the collection, handling and recycling or reuse of the electronic equipment the manufacturer produces that is offered for return in the State; * Require manufacturers of covered electronic equipment to accept for collection, handling and recycling or reuse, covered electronic equipment and orphan waste offered for return by a consumer; * Authorize the Department of Environmental Conservation to review recycling plans and adopt rules and regulations promulgating collection standards to be based on the average annual sales of equipment by weight; * Require the manufacturer to be responsible for all costs associated with the development and implementation of electronic waste management plan, including a prohibition on the imposition of a fee on consumers for the collection, handling and recycling or reuse of covered electronic equipment; * Prohibit manufacturers, beginning January 1, 2010, from offering for sale in the State a covered electronic device unless the device has a permanent label clearly identifying the manufacturer of that device; * Establish civil penalties for manufacturers that fail to comply with the provisions of this bill; and, * Establish a ban on placing or disposing of any covered electronic device or any component thereof in any solid waste management facility in this state.

Justification

Electronic waste contains many toxic substances, including lead, mercury, chromium, cadmium, polyvinyl chloride and beryllium, and represents one of the fastest growing and most hazardous components of New York's waste stream. This bill would establish a comprehensive system for the collection, handling and recycling or reuse of electronic equipment in order to minimize the direct environmental and public health consequences for residents and workers resulting from the improper handling and disposal of electronic waste. An electronic waste management system will protect the health, safety and welfare of the citizens of New York as well as enhance and maintain the quality of the environment, consistent with the State's intent to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management. Currently, manufacturers of electronic equipment do not bear any of the financial burden or responsibility for safely managing discarded electronic equipment and the end of its useful life, thus burdening local governments and end users with these cost and responsibilities. Manufacturers of electronic equipment should bear responsibility for the safe collection, handling and recycling or reuse of electronic waste.

Legislative history

2008: S.7563 - Referred to Rules 2007: A.8777 - (Sweeney) Referred to Environmental Conservation FISCAL IMPLICATIONS : None.

Effective date

This act shall take effect immediately.