What's happening
This bill requires manufacturers of consumer goods in New York to collect, recycle or reuse their products' waste at no charge to consumers.
Why it matters
Shifts responsibility for waste. By making manufacturers responsible for collecting and recycling/reusing their products’ waste, the bill incentivizes companies to design products that are easier to recycle, potentially reducing landfill waste and the environmental impact of consumer goods.
Wider access and convenience for consumers. The law mandates that recycling options must be “reasonably convenient,” including mail-back programs, local events, retail drop-offs, and more, ensuring that all New Yorkers—including those in rural or less-served areas—have at least one accessible way to recycle goods.
Uniform statewide rules, no local patchwork. By preempting local laws, the bill creates a single, statewide system for handling consumer goods waste, which could simplify compliance for manufacturers and ensure equal recycling opportunities, but may override stricter local initiatives.
Clear labeling and traceability. Requiring permanent manufacturer labels on all consumer goods sold in New York ensures accountability for waste management, helps consumers identify responsible parties, and supports enforcement of recycling obligations.
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Who cares
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Manufacturers Must Recycle Products
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1642
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. HUNTER -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to requiring manufacturers of consumer goods to accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 31 to read as follows:
TITLE 31
MANUFACTURERS OF CONSUMER GOODS RECYCLING AND REUSE Section 27-3101. Definitions.
27-3102. Manufacturer collection.
27-3103. Manufacturer consumer goods waste acceptance program.
27-3104. Labeling.
27-3105. Department responsibilities.
27-3106. Preemption. § 27-3101. Definitions.
1. "Consumer goods" shall mean goods purchased, leased, or rented primarily for personal, family or household purposes.
2. "Business consumer" shall mean a for-profit entity which has fifty or more full time employees or a not-for-profit corporation with seventy-five or more full time employees, but not a not-for-profit corporation designated under section 501(c)(3) of the internal revenue code.
3. "Premium services" shall mean equipment and data security services, refurbishment for reuse by the consumer, and other custom services as may be determined by the department. § 27-3102. Manufacturer collection.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04904-01-9
A. 1642 2
Beginning April first, two thousand twenty-one, a manufacturer of consumer goods must accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer. § 27-3103. Manufacturer consumer goods waste acceptance program.
1. A manufacturer shall provide for the collection, handling and recycling or reuse of consumer goods waste pursuant to section 27-3102 of this title in a manner convenient to consumers. The following acceptance methods shall be considered reasonably convenient: (a) mail or ship back return programs; (b) collection or acceptance events conducted by the manufacturer or the manufacturer's agent or designee, including events conducted through local governments or private parties; (c) fixed acceptance locations such as dedicated acceptance sites operated by the manufacturer or its agent or designee; (d) agreements with local governments, retail stores, sales outlets and not-for-profit organizations which have agreed to provide facilities for the collection of consumer goods waste; (e) community collection events; and (f) any combination of these or other acceptance methods which effectively provide for the acceptance of consumer goods waste for recycling or reuse through means that are available and reasonably convenient to consumers in the state. At a minimum, the manufacturer shall ensure that all counties of the state, and all municipalities which have a population of ten thousand or greater, have at least one method of acceptance that is available within such county or municipality. The department may establish additional requirements to ensure convenient collection from consumers.
2. A manufacturer shall be responsible for all costs associated with the implementation of the consumer goods waste acceptance program. The manufacturer shall not charge consumers for the collection, handling and recycling and reuse of consumer goods waste, provided that such prohibition shall not apply to a charge on business consumers or to charges for premium services. This prohibition shall not apply to a manufacturer's contract with a consumer for the collection, handling, recycling or reuse of consumer goods waste that was entered into prior to the effective date of this section. § 27-3104. Labeling.
Beginning April first, two thousand twenty-one, a manufacturer may not offer for sale in the state or deliver to retailers for subsequent sale consumer goods unless it has a visible, permanent label clearly identifying the manufacturer of that equipment. § 27-3105. Department responsibilities.
The department is authorized to promulgate rules and regulations necessary to implement and administer this title. § 27-3106. Preemption.
Jurisdiction in all matters pertaining to consumer goods waste recycling is, by this title, vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing consumer goods and the collection, reuse, or recycling of consumer goods waste shall upon the effective date of this title be preempted.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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