What's happening
This bill amends the law on lead-acid battery recycling by removing the specific five dollar return incentive payment amount.
Why it matters
Allows flexibility in the return incentive amount. By removing the fixed five dollar amount, the law gives retailers or regulators the ability to adjust the return payment for recycled lead-acid batteries, which could respond to changing economic or environmental factors.
Potentially impacts consumer motivation. The specific incentive amount helped ensure consumers had a clear financial reason to return used batteries; removing it could either increase or decrease actual payments, affecting recycling rates and environmental outcomes.
Shifts responsibility and potential profits. Any unclaimed return incentive payments continue to be kept by the retailer, so changes in how much is refunded could affect retailer profits and the overall flow of funds in battery recycling.
Could lead to future regulatory changes. Without the statutory five dollar figure, state agencies or the legislature could more easily update the incentive amount or structure in response to market conditions, environmental goals, or stakeholder input.
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Who cares
Headline styles
Remove Battery Recycling Refund Cap
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1255
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 62–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.858
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2284
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sens. O'MARA, DeFRANCISCO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the recycling of lead-acid batteries
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 5 of section 27-1701 of the environmental conservation law, as added by chapter 152 of the laws of 1990, is amended to read as follows:
b. A retailer shall refund to a consumer the [five dollar] return incentive payment collected pursuant to this subdivision if, within thirty days of the date of the purchase of a new lead-acid battery, the consumer returns to such retailer a used lead-acid battery. Any return incentive payment not refunded to the consumer pursuant to this subdivision shall be retained by the retailer.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07051-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.