Relates to the recycling of rechargeable batteries

BILL NUMBER:S5600

Title of bill

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

Summary of provisions

This bill would give New York City enforcement authority under the "New York State Rechargeable Battery Law". It would also require the annual report filed by battery manufacturers to include information on the weight of rechargeable batteries returned to retailers in New York City.

Reasons for support

Enacted in 2010, the New York State Rechargeable Battery Law facilitates the removal of unwanted rechargeable batteries from the solid waste stream by banning their disposal and requiring retailers and manufacturers of such batteries to take back unwanted rechargeable batteries and dispose of them properly.

This New York State Rechargeable Battery Law preempted the City of New York's Local Law 97 of 2005 which required retailers and manufacturers of rechargeable batteries to create a comprehensive take back system for all rechargeable batteries. This program had been successful in the City largely because of the City's ability to provide effective enforcement. In 2006, prior to implementation and enforcement of the law, 541 retail locations were registered with Call2Recycle, an industry-funded program which provided rechargeable battery recycling. This number increased by 58% to 854 retail locations in 2007. In 2008, after the City's Department of Sanitation began to enforce Local Law No. 97, there were 3,031 retail locations (a 255% increase). In 2009, this number increased to 3,165 retail locations and continued to climb incrementally with enforcement. It is clear that the initial enforcement action by the City had an extensive impact on the number of participating retail locations. Continued enforcement kept the number of retail locations accepting rechargeable batteries for recycling at a high level.

In amending the New York State Rechargeable Battery Law to give the City co-enforcement authority, the City seeks to build on its earlier experience and success in implementing and enforcing the now-preempted local law.

Additionally, the City's proposal to require battery manufacturers to include in their annual reports the weight of rechargeable batteries received in the City will enable the City to count the weight of rechargeable batteries towards the City's recycling goals pursuant to City's Local Law 40 of 2010. This addition presents a modest addition to an existing reporting requirement.