Relates to recycling electronic cigarettes; requires electronic cigarette manufacturers to submit plans regarding the collection, transportation and recycling of electronic cigarettes to the commissioner of environmental conservation.
STATE OF NEW YORK
________________________________________________________________________
7597
2023-2024 Regular Sessions
IN SENATE
July 12, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to recy-
cling electronic cigarettes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 34 to read as follows:
3 TITLE 34
4 ELECTRONIC CIGARETTE RECYCLING
5 Section 27-3401. Return of electronic cigarettes for recycling.
6 § 27-3401. Return of electronic cigarettes for recycling.
7 1. Manufacturers of electronic cigarettes shall accept the return of
8 such devices for recycling by vapor product dealers registered pursuant
9 to article twenty-eight-C of the tax law. Vapor product dealers shall
10 accept the return of any used electronic cigarettes for recycling.
11 2. Electronic cigarette manufacturers which import for profit, sell or
12 offer electronic cigarettes for sale in this state shall be responsible
13 for, at a minimum, the following:
14 a. Within ninety days of the effective date of this title, submittance
15 to the commissioner of a plan that identifies the methods by which such
16 manufacturers will safely collect and recycle electronic cigarettes and
17 the lithium-ion batteries contained therein.
18 b. Submittance to the department of annual reports, on a form
19 prescribed by the department, concerning the amount of electronic ciga-
20 rettes received within the state and recycled either by number or by
21 weight; the costs of such efforts; and any other relevant information as
22 required by the department.
23 c. Undertaking of efforts to educate consumers regarding the appropri-
24 ate ways to recycle electronic cigarettes.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05769-01-3
S. 7597 2
1 3. The commissioner shall approve or reject any electronic cigarette
2 manufacturer's collection, transportation, and recycling plans described
3 in paragraph a of subdivision two of this section within ninety days of
4 submission and, if rejected, inform the electronic cigarette manufactur-
5 er in writing as to any deficiencies in said plan. Electronic cigarette
6 manufacturers shall amend and resubmit any rejected plans for reconsid-
7 eration within sixty days of notification of the rejection of said plan.
8 The commissioner shall approve or reject said plan within thirty days of
9 resubmission.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law. Effective immediately, the addition, amend-
12 ment and/or repeal of any rule or regulation necessary for the implemen-
13 tation of this act on its effective date are authorized to be made and
14 completed on or before such effective date.
