AB3580 Summary:

BILL NOA03580
 
SAME ASNo Same As
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Add Art 27 Title 32 §§27-3201 - 27-3206, En Con L
 
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.
Go to top    

AB3580 Actions:

BILL NOA03580
 
01/27/2021referred to environmental conservation
Go to top

AB3580 Committee Votes:

Go to top

AB3580 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

AB3580 Memo:

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.
Go to top

AB3580 Text:



 
                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.
Go to top