What's happening
This bill amends the law to remove the specific five dollar return incentive for recycling lead-acid batteries at retailers.
Why it matters
Removes the specific $5 cash incentive. By striking the five dollar amount, the bill gives retailers more flexibility or discretion regarding the return incentive for recycling lead-acid batteries, potentially changing consumer expectations and behaviors.
Could impact recycling rates and environmental outcomes. Without a guaranteed minimum incentive, fewer consumers may return used lead-acid batteries, which could increase improper disposal and associated environmental risks (such as lead contamination).
Financial effects for consumers and retailers. Consumers might receive less (or possibly more) for returning batteries, depending on retailer policies. Retailers may retain more unclaimed incentive funds, and their administrative burden regarding fixed payouts is reduced.
Reflects changing policy priorities. The change signals a shift from a mandated financial incentive to potentially different regulatory or market-based approaches for encouraging battery recycling.
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Who cares
Lead-acid battery retailers
The bill would remove the five-dollar specification from the refund provision while preserving retailers’ right to keep incentive payments that are not refunded.
Consumers buying lead-acid batteries
Buyers would remain entitled to a refund of the incentive payment collected if they return a used lead-acid battery to the same retailer within 30 days of purchase.
Battery recycling advocates
The bill would change the payment language in the battery-return incentive program while keeping its used-battery return requirement and deadline.
Headline styles
Remove Battery Refund Cap
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1879
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sens. O'MARA, 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.
LBD05707-01-9
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 .F,C7-1701 of the Environmental Conser- vation 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 incen- tive payment of $5 with all other states having higher recycling incen- tive 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.