Requires manufacturers of consumer goods to accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer; requires manufacturers of consumer goods to provide a consumer goods waste acceptance program, and be responsible for all costs associated with the implementation of such program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3580
SPONSOR: Hunter TITLE OF BILL:
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
PURPOSE:
To improve environmental conservation through manufacturers of consumer
goods.
SUMMARY OF PROVISIONS:
Section one amends Article 27 of the environmental conservation law by
adding a new title 31. Section 27-3102 states the definitions of
"consumer goods", "business consumer:, and "premium services" for this
act.
27-3102 states that a manufacturer must accept consumer good waste for
which it is the manufacturer for the purposes of collection, handling,
and recycling or reuse. This requirement will be in place April 1st,
2019.
27-3103 prescribes the methods that shall be used for this collection
program that shall be reasonably convenient for the consumer. At a mini-
mum, the manufacturer will ensure that all counties and municipalities,
with a population of ten thousand or more, will 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.
This section also requires the manufacturer to be responsible for all
costs associated with the implementation of the consumer goods waste
acceptance program.
27-3104 states that a label identifying the manufacturer shall be
included on all consumer goods produced for sale in the state beginning
April 1st, 2019.
27-3105 states that all local laws or ordinances governing consumer
goods and the collection, reuse, or recycling of those goods shall be
preempted by this title.
This act shall take place immediately.
JUSTIFICATION:
Improving waste management is critical for the success of environmental
conservation. Many manufacturers, however, produce products that create
an unnecessary amount of waste or use components that are harmful to the
environment when placed in landfills. This bill ensures that manufactur-
ers are mindful of the impact they have on the environment and take the
necessary actions to reduce the effect of consumer good waste.
LEGISLATIVE HISTORY:
2017-18: A.7273
2019-20: A.1642
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3580
2021-2022 Regular Sessions
IN ASSEMBLY
January 27, 2021
___________
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 Assem-bly, do enact as follows:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 32 to read as follows:
3 TITLE 32
4 MANUFACTURERS OF CONSUMER GOODS RECYCLING AND REUSE
5 Section 27-3201. Definitions.
6 27-3203. Manufacturer collection.
7 27-3205. Manufacturer consumer goods waste acceptance program.
8 27-3207. Labeling.
9 27-3209. Department responsibilities.
10 27-3211. Preemption.
11 § 27-3201. Definitions.
12 1. "Consumer goods" shall mean goods purchased, leased, or rented
13 primarily for personal, family or household purposes.
14 2. "Business consumer" shall mean a for-profit entity which has fifty
15 or more full time employees or a not-for-profit corporation with seven-
16 ty-five or more full time employees, but not a not-for-profit corpo-
17 ration designated under section 501(c)(3) of the internal revenue code.
18 3. "Premium services" shall mean equipment and data security services,
19 refurbishment for reuse by the consumer, and other custom services as
20 may be determined by the department.
21 § 27-3203. Manufacturer collection.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05691-01-1
A. 3580 2
1 Beginning April first, two thousand twenty-three, a manufacturer of
2 consumer goods must accept for collection, handling and recycling or
3 reuse, consumer goods waste for which it is the manufacturer.
4 § 27-3205. Manufacturer consumer goods waste acceptance program.
5 1. A manufacturer shall provide for the collection, handling and recy-
6 cling or reuse of consumer goods waste pursuant to section 27-3203 of
7 this title in a manner convenient to consumers. The following accept-
8 ance methods shall be considered reasonably convenient: (a) mail or ship
9 back return programs; (b) collection or acceptance events conducted by
10 the manufacturer or the manufacturer's agent or designee, including
11 events conducted through local governments or private parties; (c) fixed
12 acceptance locations such as dedicated acceptance sites operated by the
13 manufacturer or its agent or designee; (d) agreements with local govern-
14 ments, retail stores, sales outlets and not-for-profit organizations
15 which have agreed to provide facilities for the collection of consumer
16 goods waste; (e) community collection events; and (f) any combination of
17 these or other acceptance methods which effectively provide for the
18 acceptance of consumer goods waste for recycling or reuse through means
19 that are available and reasonably convenient to consumers in the state.
20 At a minimum, the manufacturer shall ensure that all counties of the
21 state, and all municipalities which have a population of ten thousand or
22 greater, have at least one method of acceptance that is available within
23 such county or municipality. The department may establish additional
24 requirements to ensure convenient collection from consumers.
25 2. A manufacturer shall be responsible for all costs associated with
26 the implementation of the consumer goods waste acceptance program. The
27 manufacturer shall not charge consumers for the collection, handling and
28 recycling and reuse of consumer goods waste, provided that such prohibi-
29 tion shall not apply to a charge on business consumers or to charges for
30 premium services. This prohibition shall not apply to a manufacturer's
31 contract with a consumer for the collection, handling, recycling or
32 reuse of consumer goods waste that was entered into prior to the effec-
33 tive date of this section.
34 § 27-3207. Labeling.
35 Beginning April first, two thousand twenty-three, a manufacturer may
36 not offer for sale in the state or deliver to retailers for subsequent
37 sale consumer goods unless it has a visible, permanent label clearly
38 identifying the manufacturer of that equipment.
39 § 27-3209. Department responsibilities.
40 The department is authorized to promulgate rules and regulations
41 necessary to implement and administer this title.
42 § 27-3211. Preemption.
43 Jurisdiction in all matters pertaining to consumer goods waste recycl-
44 ing is, by this title, vested exclusively in the state. Any provision
45 of any local law or ordinance, or any rule or regulation promulgated
46 thereto, governing consumer goods and the collection, reuse, or recycl-
47 ing of consumer goods waste shall upon the effective date of this title
48 be preempted.
49 § 2. This act shall take effect immediately.
