Relates to the recycling of lead-acid batteries by removing the cap on the incentive payment charged by retailers of such batteries

2 Co-sponsors

• John A. DeFrancisco
• James L. Seward

Title of bill

An act to amend the environmental conservation law, in relation to the recycling of lead-acid batteries

Purpose or general idea of bill

To update the lead-acid battery recycling refundable incentive payment to reflect current market conditions and to establish parity with the overwhelming majority of states, including surrounding states.

Summary of specific provisions

Amends subdivision 5 of Section @7-1701 of the Environmental Conservation Law.

Existing law

The Environmental Conservation Law requires retailers to collect a $5 return incentive payment upon purchase of a lead-acid battery which is refunded upon the presentation of a used lead-acid battery.

Justification

In 1990, New York was one of the first states to adopt a comprehensive lead acid recycling program. The program and similar programs in other states have proved to be extremely successful. Today, more than 99% of lead is recycled, compared to 54% of aluminum drinking cans, 73% of paper, 25% of glass bottles and 50% of tires. Then recycling program incentivizes the return of used lead batteries, proper storage and prohibits improper disposal.

The fully-refundable return incentive payment was set in 1990 at $5 (then the market price for a used lead-acid battery). Since that time the commodity price for lead has risen and the incentive payment is no longer consistent with market place rates or those in surrounding states. Today, New York is one of only two states with a maximum incentive payment of $5 with all other states having higher recycling incentive payments. If not corrected, the low rate may discourage proper recycling of lead acid batteries.

Many states chose not to set a cap on the refundable return incentive payment which allows the payment to reflect market prices. For instance, the surrounding states of Pennsylvania, New Jersey, Vermont and New Hampshire all have no cap and the rates are substantially higher in these states, including incentive payments as high as $18. The disparity in rates encourages New York residents to obtain greater incentive payments in surrounding states instead of utilizing New York retailers. Updating the incentive payment to better reflect market prices will encourage proper recycling of lead-acid batteries and place New York retailers on equal footing with those in surrounding states.

Prior legislative history

None

Fiscal implications

Revenue Neutral

Effective date

This act shall take effect thirty days after it has become law.