Amd Art 27 Art Head, Title 18 Title Head, §§27-1801, 27-1803, 27-1807, 27-1809 & 27-1811, En Con L
Relates to rechargeable battery recycling; adds a battery used as the principal electric power source for an electric scooter or bicycle with electric assist to the definition of "rechargeable battery"; provides that a battery manufacturer may not sell, offer for sale, or distribute rechargeable batteries in the state unless the battery manufacturer is implementing or participating under an approved plan; allows a city with a population of one million or more to enforce through its own agencies.
STATE OF NEW YORK
________________________________________________________________________
73--A
Cal. No. 392
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. KAVANAGH, ADDABBO, FAHY, HARCKHAM, HELMING, HOYL-
MAN-SIGAL, JACKSON, KRUEGER, MARTINEZ, MARTINS, PALUMBO, PARKER,
RHOADS, ROLISON, SALAZAR, TEDISCO, WEBB, WEBER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
rechargeable battery recycling
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 27 of the environmental
2 conservation law is amended to read as follows:
3 REDUCTION, COLLECTION, REUSE, RECYCLING,
4 TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE
5 § 2. The title heading of title 18 of article 27 of the environmental
6 conservation law, as added by chapter 562 of the laws of 2010, is
7 amended to read as follows:
8 EXTENDED PRODUCER RESPONSIBILITY FOR
9 RECHARGEABLE [BATTERY RECYCLING] BATTERIES
10 § 3. Section 27-1801 of the environmental conservation law, as added
11 by chapter 562 of the laws of 2010, is amended to read as follows:
12 § 27-1801. Short title.
13 This title shall be known as and may be cited as the "[New York State]
14 Extended Producer Responsibility Law for Rechargeable [Battery Law]
15 Batteries".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00126-02-5
S. 73--A 2
1 § 4. Subdivision 4 of section 27-1803 of the environmental conserva-
2 tion law, as added by chapter 562 of the laws of 2010, is amended and a
3 new subdivision 7 is added to read as follows:
4 4. "rechargeable battery" means any rechargeable: (i) nickel-cadmium,
5 sealed lead, lithium ion, nickel metal hydride battery[,]; (ii) battery
6 used as the principal electric power source for an electric scooter or
7 bicycle with electric assist; or (iii) any other such dry cell battery
8 capable of being recharged weighing less than [twenty-five] fifty
9 pounds, or battery packs containing such batteries; (iv) but shall not
10 include a battery used as the principal electric power source for a
11 vehicle, such as, but not limited to, an automobile, boat, truck, trac-
12 tor, golf cart or wheelchair; for storage of electricity generated by an
13 alternative power source, such as solar or wind-driven generators; or
14 for memory backup that is an integral component of an electronic device;
15 7. "sell" or "sale" means any transfer for consideration of title or
16 the right to use, from a manufacturer or retailer to a person, includ-
17 ing, but not limited to, transactions conducted through retail sales
18 outlets, catalogs, mail, the telephone, the internet, or any electronic
19 means; "sell" or "sale" shall not include samples, donations, and reuse.
20 § 5. Paragraphs a and d of subdivision 1 of section 27-1807 of the
21 environmental conservation law, as added by chapter 562 of the laws of
22 2010, are amended to read as follows:
23 a. Retailers having a place of business in the state shall accept from
24 consumers at any time during normal business hours rechargeable
25 batteries of a similar shape, size [and shape], and function as the
26 retailer offers for sale. Retailers shall take up to ten such batteries
27 per day from any person regardless of whether such person purchases
28 replacement batteries, and retailers shall also accept as many such
29 batteries as a consumer purchases from the retailer. Retailers shall
30 conspicuously post and maintain, at or near the point of entry to the
31 place of business, a legible sign, not less than eight and one-half
32 inches by eleven inches in size, stating that used rechargeable
33 batteries of the size and shape sold or offered for sale by the retailer
34 may not enter the solid waste stream, and that the retail establishment
35 is a collection site for recycling such batteries. Such sign shall state
36 the following in letters at least one inch in height: "It is illegal to
37 dispose of rechargeable batteries in the state of New York as solid
38 waste. We accept used rechargeable batteries for return to the manufac-
39 turer."
40 d. Retailers may not sell or offer for sale to consumers in the state
41 rechargeable batteries unless the battery manufacturer is operating in
42 accordance with a collection, transportation, and recycling plan
43 approved by the commissioner. The commissioner shall maintain on the
44 department's website a list of manufacturers operating in accordance
45 with approved plans, and the brands covered by such manufacturer's
46 plans.
47 e. Retailers must be in compliance with the provisions of this subdi-
48 vision no later than one hundred eighty days after the effective date of
49 this title or, with respect to a rechargeable battery defined in para-
50 graph (ii) of subdivision four of section 27-1803 of this title, and
51 with respect to the requirements of paragraph d of this subdivision one
52 year after the effective date of the chapter of the laws of two thousand
53 twenty-five which amended this title, or when the commissioner has
54 approved a new or updated plan in compliance with such chapter, whichev-
55 er is later.
S. 73--A 3
1 § 6. Paragraphs a and b of subdivision 2 of section 27-1807 of the
2 environmental conservation law, as added by chapter 562 of the laws of
3 2010, are amended to read as follows:
4 a. Within ninety days of the effective date of this title or, with
5 respect to rechargeable batteries defined in paragraph (ii) of subdivi-
6 sion four of section 27-1803 of this title, within one hundred eighty
7 days of the effective date of the chapter of the laws of two thousand
8 twenty-five that amended such paragraph, submittance to the commissioner
9 of a new or updated plan that identifies the methods by which battery
10 manufacturers will safely collect, transport, and recycle rechargeable
11 batteries collected by retailers at the expense of the battery manufac-
12 turer and provide retailers with information on the safe handling and
13 storage of rechargeable batteries.
14 b. Submittance to the department of annual reports, on a form
15 prescribed by the department, concerning the amount of rechargeable
16 batteries received within the state and recycled either by number or by
17 weight, including the weight of rechargeable batteries defined in para-
18 graph (ii) of subdivision four of section 27-1803 of this title received
19 within the state as well as within a city with a population of one
20 million or more; the costs of such efforts; and any other relevant
21 information as required by the department.
22 § 7. Subdivision 2 of section 27-1807 of the environmental conserva-
23 tion law is amended by adding a new paragraph d and a new subdivision
24 2-a is added to read as follows:
25 d. Providing for the safe and prompt collection and disposal of
26 batteries from electric scooters or bicycles with electric assist
27 collected by retailers and by government agencies.
28 2-a. A battery manufacturer may not sell, offer for sale, or distrib-
29 ute rechargeable batteries in the state unless the battery manufacturer
30 is implementing or participating under an approved plan in accordance
31 with this section.
32 § 8. Section 27-1807 of the environmental conservation law is amended
33 by adding a new subdivision 6 to read as follows:
34 6. The department shall, after consultation with the office of fire
35 prevention and control in the division of homeland security and emergen-
36 cy services and the fire department of the city of New York, within one
37 hundred eighty days of the effective date of the chapter of the laws of
38 two thousand twenty-five that added this subdivision, promulgate rules
39 and regulations to ensure the safe storage of rechargeable batteries
40 that minimizes the risk of fires. Such rules and regulations shall also,
41 at a minimum, require retailers to:
42 a. coordinate with a battery manufacturer, or any combination of
43 battery manufacturers working together, to regularly remove batteries
44 from the retail location; and
45 b. inform all employees who handle or have responsibility for managing
46 batteries about proper handling and emergency procedures, including fire
47 related hazards, appropriate to the type or types of battery handled by
48 the retailer.
49 § 9. Section 27-1809 of the environmental conservation law is amended
50 by adding a new subdivision 5 to read as follows:
51 5. In a city with a population of one million or more, such city
52 shall, in addition to any authority otherwise conferred in this chapter,
53 have concurrent authority to enforce, by an agency or agencies
54 designated for such purpose by the mayor of such city, the provisions of
55 section 27-1805 and subdivision one of section 27-1807 of this title.
56 Any notice of violation issued by an agency designated by the mayor of
S. 73--A 4
1 such city charging a violation of section 27-1805 and subdivision one of
2 section 27-1807 of this title shall be returnable to the environmental
3 control board of such city. Such environmental control board shall have
4 the power to impose the civil penalties set forth in subdivisions one,
5 two and three of this section. All civil penalties collected for any
6 violation of this title that have been imposed by the environmental
7 control board of such city shall be paid into the general fund of such
8 city.
9 § 10. Section 27-1811 of the environmental conservation law, as added
10 by chapter 562 of the laws of 2010, is amended to read as follows:
11 § 27-1811. State preemption.
12 Jurisdiction in all matters pertaining to rechargeable battery recycl-
13 ing is, by this title, vested exclusively in the state. Any provision of
14 any local law or ordinance, or any rule or regulation promulgated there-
15 to, governing rechargeable battery recycling shall, upon the effective
16 date of section 27-1805 of this title, be preempted; provided, however,
17 that nothing in this section shall preclude a person from coordinating,
18 for recycling or reuse, the collection of rechargeable batteries and
19 provided, further, however, that nothing in this section shall preclude
20 the enforcement of this title pursuant to subdivision five of section
21 27-1809 of this title.
22 § 11. This act shall take effect immediately.
