What's happening
This bill amends New York's environmental conservation law to set new electronic waste recycling goals, reporting requirements, and allows banking of unsold electronic waste for future sale.
Why it matters
Establishes a clear, data-driven approach to setting electronic waste recycling and reuse goals. , which could increase transparency and accountability for both the state and manufacturers by tying targets to recent collection averages.
Imposes stricter timelines and notification requirements. for both the Department of Environmental Conservation and manufacturers, ensuring that recycling targets and responsibilities are communicated clearly and in advance, allowing for better planning and compliance.
Mandates that manufacturers secure contractual agreements covering 100% of their electronic waste targets each year. , likely reducing the risk of non-compliance and encouraging proactive engagement with recyclers and collectors.
Allows for limited "banking" of unsold electronic waste for up to four years. , which could help smooth out fluctuations in the recycling market, but also introduces new oversight challenges to prevent stockpiling or delayed processing.
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Who cares
Headline styles
Track and Manage E-Waste Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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
944
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. O'MARA -- 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 reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (e) of subdivision 3 of section 27-2603 of the environmental conservation law is relettered paragraph (f) and a new paragraph (e) is added to read as follows:
(e) For calendar years two thousand twenty-one and thereafter, the statewide recycling or reuse goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage. For the purposes of this paragraph, "base weight" means the greater of:
(i) the average weight of all electronic waste collected for recycling or reuse during the three calendar years preceding the calendar year in which the most recent report was submitted to the department pursuant to paragraph (b) of subdivision one of section 27-2617 of this title; or
(ii) the three year average of the sum of all electronic waste collected for recycling or reuse during the three calendar years preceding the calendar year in which the most recent report was submitted to the department pursuant to paragraph (b) of subdivision one, paragraph (b) of subdivision two and paragraph (b) of subdivision three of section 27-2613 of this title.
§ 2. Section 27-2615 of the environmental conservation law is amended by adding two new subdivisions 4 and 5 to read as follows:
4. The department shall publish the statewide recycling or reuse goal no later than September fifteenth of the year preceding the year for which the statewide recycling or reuse goal has been set.
5. The department shall notify each manufacturer of its respective manufacturer acceptance standard as established in subdivision four of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05702-01-9
S. 944 2
section 27-2603 of this title no later than December fifteenth of the preceding year for which such manufacturer acceptance standard has been set.
§ 3. Section 27-2605 of the environmental conservation law is amended by adding a new subdivision 9 to read as follows:
9. No later than June thirtieth of the year for which a manufacturer's acceptance standard has been set by the department each manufacturer shall certify to the department that the manufacturer has entered into contractual agreements for one hundred percent of the weight of electronic waste associated with such manufacturer's acceptance standard.
§ 4. The environmental conservation law is amended by adding a new section 27-2614 to read as follows: § 27-2614. Unsold electronic waste; sale carry-forward.
Beginning with calendar year two thousand twenty-one, an electronic waste collector, electronic waste consolidator and/or an electronic waste recycler may bank unsold electronic waste for subsequent sale in any of the successive four calendar years in which the electronic waste was obtained, provided however that no more than twenty-five percent of any such electronic waste shall be sold in any such subsequent calendar year.
§ 5. This act shall take effect immediately.
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 reporting of electronic waste collection and recycling data, the sale of electronic waste and the carry-forward of sales of electronic waste
Purpose or general idea of bill
This bill would establish a statewide recycling goal for electftpic waste( E-waste) starting in 2019 and ease the municipal burden df deal- ing with E-waste by raising the manufacturer's acceptance standard of E-waste and sets deadlines and requirements for that purpose.
Summary of specific provisions
Section 1 establishes the statewide recycling or reuse goal for E-waste as the base weight of the product multiplied by the goal attainment percentage. "Base weight" is defined at the greater of either the aver- age weight of all the E-waste collected during the three calendar years preceding the most recent report, or the three year average of the sum of all E-waste collected in the three calendar years preceding to the most recent report.
Section 2 establishes the deadlines for which. the Department of Envi- ronmental Conservation (DEC) must publish the recycling goal for the following year and the deadline for which the DEC must notify manufac- turers of the new manufacturer acceptance standard.
Section 3 establishes the deadline for which manufacturers must certify to the DEC that the manufacturer has entered into contractual agreements for one hundred percent of the weight of e-waste associated with their respective manufacturer's acceptance standard.
Section 4 states E-waste collectors, consolidators, or recyclers may bank unsold electronic waste for sale in the subsequent 4 years after the waste is obtained, provided that no more than twenty-five percent of the E-waste is sold in any such subsequent year.
Section 5 states the effective date.
Justification
E-waste collection and recycling data is reported to the DEC on March 1 of the concurrent calendar year in which the DEC determines the allo- cation of the manufacturer acceptance standard. Because of this, the DEC is not able to calculate this standard until the third quarter of the subject year.
Many manufacturino representatives and collective organizations wait until the fourth quarter to purchase collected pounds of electronic waste. Recyclers are then often pressured to sell pounds of recycled electronics at a discount or risk riot receiving any revenue.
By using the average of the previous years' recycling data, the DEC is able to publish the manufacturer's accepted standard before the start of the subject calendar year. Manufacturers are then able to certify that
they have entered into contractual agreements for their E-waste earlier in the subject calendar year.
Allowing collectors, consolidators, and recyclers to carry forward some of their E-waste into subsequent years matches the flexibility granted to manufacturers and creates a balance between purchasers and sellers.
Prior legislative history
2018 - S.2116 2016 - S.7971
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.