A06280 Summary:

COSPNSRBarrett, Fahy, Colton, Thiele, Mosley, Galef, Sepulveda, Rosenthal L, Seawright, Otis, Lupardo, Gottfried, Williams, Hunter, Jean-Pierre, Walter, Glick
Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L
Relates to establishing a product stewardship program for primary batteries.
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A06280 Actions:

03/01/2017referred to environmental conservation
03/07/2017reported referred to codes
03/22/2017reported referred to ways and means
04/24/2017reported referred to rules
04/24/2017rules report cal.63
04/24/2017ordered to third reading rules cal.63
04/25/2017passed assembly
04/25/2017delivered to senate
01/03/2018DIED IN SENATE
01/03/2018ordered to third reading cal.444
01/16/2018amended on third reading 6280a
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A06280 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:03/07/2017AYE/NAY:28/2 Action: Favorable refer to committee Codes Correction Date:03/08/2017
O'DonnellAyeMiller MLAye
Peoples-StokesAyeMiller B Aye

CODES Chair:Lentol DATE:03/22/2017AYE/NAY:17/5 Action: Favorable refer to committee Ways and Means

WAYS AND MEANS Chair:Farrell DATE:04/24/2017AYE/NAY:22/10 Action: Favorable refer to committee Rules

RULES Chair:Heastie DATE:04/24/2017AYE/NAY:28/0 Action: Favorable

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A06280 Floor Votes:

DATE:04/25/2017Assembly Vote  YEA/NAY: 113/30
BarnwellYDe La RosaYHawleyNOMagnarelliYPaulinYSolagesY
BenedettoYDilanYHooperERMcDonaldYPheffer AmatoYStirpeER
BrabenecNOEnglebrightYJean-PierreYMiller B YRaNOVanelY
BraunsteinYErrigoNOJenneYMiller MGYRaiaNOWalkerY
BrindisiYFahyYJohnsYMiller MLYRamosYWallaceY
CookYGjonajYLawrenceNONorrisNOSeawrightYMr. SpeakerY

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A06280 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing a product stewardship program for primary batteries   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish a battery recycling program for consumers.   SUMMARY OF SPECIFIC PROVISIONS: This bill would: *define relevant terms including "primary battery," which would mean a non rechargeable battery, including alkaline, carbon-zinc, lithium metal, and coin/button batteries weighing two kilograms or less; *prohibit the sale of primary batteries unless the producer is regis- tered with the Department of Environmental Conservation (DEC) and has an approved battery stewardship plan; *require battery stewardship plans to include: o all producers and contact information; o brands of batteries covered by the plan; o free collection from consumers; o method of disposition; o a description of roles and responsibilities; o education and outreach; and o performance goals to measure the success of the program *require a producer to submit an annual report to DEC; and, *establish parameters for DEC involvement to include: o plan approval; o website posting of all proposed and approved plans; o maintenance of producer names and brands on the DEC website; and, o receipt of producer registration fees.   JUSTIFICATION: This legislation would authorize New York to expand its recycling efforts beyond rechargeable batteries to address other types of batteries by requiring battery manufacturers to establish a consumer collection program. Batteries contain metals such as zinc, steel and managanese that can be recycled, helping to reduce the need for mining and refining. Several other states including Vermont and Connecticut have adopted battery recycling programs.   PRIOR LEGISLATIVE HISTORY: 2016: A.9921-B - Reported to 3rd reading calendar. 2017: A.6280- Passed the Assembly.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal State fiscal implications.   EFFECTIVE DATE: This act shall take effect 90 days after enactment.
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A06280 Text:

                STATE OF NEW YORK
                                                                Cal. No. 444
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 1, 2017
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  BARRETT, FAHY, COLTON, THIELE,
          Multi-Sponsored  by -- M. of A. RAMOS -- read once and referred to the
          Committee on Environmental Conservation -- ordered to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          establishing a product stewardship program for primary batteries
          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 16 to read as follows:
     3                                  TITLE 16
     4                             PRODUCT STEWARDSHIP
     5                            FOR PRIMARY BATTERIES
     6  Section 27-1601. Definitions.
     7          27-1603. Primary battery registration.
     8          27-1605. Primary battery stewardship plan.
     9          27-1607. Annual report; plan audit.
    10          27-1609. Agency responsibilities.
    11          27-1611. Retailer obligations.
    12          27-1613. Administrative fee.
    13          27-1615. Penalties.
    14          27-1617. Rulemaking; procedure.
    15  § 27-1601. Definitions.
    16    When used in this title:
    17    1. "Department" means the department of environmental conservation.
    18    2.  "Brand" means a name, symbol, word, or traceable mark that identi-
    19  fies  a  primary battery and attributes the primary battery to the owner
    20  or licensee of the brand as the producer.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6280--A                          2
     1    3. "Collection rate" means a percentage by weight that  each  producer
     2  or  producers collects by an established date. The collection rate shall
     3  be calculated by weight based on the  percentage  of  primary  batteries
     4  that  are  collected  during a calendar year, as compared to the average
     5  weight of primary batteries that were estimated to have been sold in the
     6  state  by  participating  producers  during  the three previous calendar
     7  years. Estimates of primary batteries sold in the state may be based  on
     8  a reasonable pro rata calculation based on national sales.
     9    4.  "Consumer"  means  any  person  who returns any number of unwanted
    10  primary batteries.
    11    5. "Discarded primary battery" means a  primary  battery  that  is  no
    12  longer  used  for  its manufactured purpose, wanted by its owner, or for
    13  any other reason enters the waste  collection,  recovery,  treatment  or
    14  recycling system.
    15    6. "Easily removable" means readily detachable by a person without the
    16  use of tools or with the use of common household tools.
    17    7.  "Primary  battery"  means  a  nonrechargeable battery weighing two
    18  kilograms or less, including alkaline, carbon-zinc,  lithium  metal  and
    19  button/coin batteries. Primary battery shall not mean:
    20    (A)  Batteries intended for industrial, business to business, warranty
    21  or maintenance services, or nonpersonal use;
    22    (B) A battery that is not easily removable or is not  intended  to  be
    23  removed from a consumer product; and
    24    (C)  A  battery  that is sold or used in a medical device regulated by
    25  the United States Food and Drug Administration.
    26    8. "Primary battery stewardship plan" or "plan" means a plan submitted
    27  to the commissioner pursuant to section 27-1605  of  this  title  by  an
    28  individual producer or by two or more producers acting collectively.
    29    9.  "Producer"  means  one  of  the following with regard to a primary
    30  battery that is sold, offered for sale, or distributed in the state:
    31    a. a person who manufactures a primary battery and who  sells,  offers
    32  for  sale,  or  distributes  that primary battery in the state under the
    33  person's own name or brand;
    34    b. if subparagraph a of this paragraph does not apply,  a  person  who
    35  owns  or  licenses a trademark or brand under which a primary battery is
    36  sold, offered for sale, or distributed in the state, whether or not  the
    37  trademark is registered; or
    38    c.  if  subparagraphs a and b of this paragraph do not apply, a person
    39  who imports a primary battery into the state for sale or distribution.
    40    10. "Program" or  "stewardship  program"  means  the  system  for  the
    41  collection, transportation, recycling, and disposal of primary batteries
    42  implemented pursuant to an approved primary battery stewardship plan.
    43    11.  "Rechargeable battery" shall have the same meaning as subdivision
    44  four of section 27-1803 of this article.
    45    12. "Recycling" means any process by which discarded products,  compo-
    46  nents,  and  by-products  are  transformed into new usable or marketable
    47  materials in a manner in which the  original  products  may  lose  their
    48  identity,  but  does not include energy recovery or energy generation by
    49  means of combusting discarded products, components, and by-products with
    50  or without other waste products.
    51    13. "Retailer" means a person who offers a primary battery for sale to
    52  any consumer or business at retail  in  the  state  through  any  means,
    53  including  remote  offerings  such  as  sales outlets, catalogues, or an
    54  internet website.
    55  § 27-1603. Primary battery registration.

        A. 6280--A                          3
     1    1. Sale prohibited. Beginning  January  first,  two  thousand  twenty,
     2  except  as  set  forth  under  this subdivision, a producer of a primary
     3  battery shall not sell, offer for sale, or deliver  to  a  retailer  for
     4  subsequent  sale  a primary battery unless all of the following has been
     5  met:
     6    a. the producer is registered under an approved and implemented prima-
     7  ry battery stewardship plan;
     8    b.  the  producer or producers have paid the fee under section 27-1613
     9  of this title; and
    10    c. the producer or producers and the brand of such producer or produc-
    11  ers designated on the department website are identified as covered by an
    12  approved primary battery stewardship plan.
    13    2. New producers. A producer who, after January  first,  two  thousand
    14  twenty, seeks to sell, offer for sale, or offer for promotional purposes
    15  in  the  state a primary battery not previously sold in the state, shall
    16  notify the commissioner prior to  selling  or  offering  a  product  not
    17  covered  by a stewardship plan in the state. The commissioner shall list
    18  a producer who supplies notice under this subdivision as a "new  produc-
    19  er"  on the department's website.  A producer that supplies notice under
    20  this subdivision shall have ninety days to either act cooperatively with
    21  at least one other  producer  or  to  submit  its  own  primary  battery
    22  stewardship plan for approval to the state.
    23    3. Exemption. A producer who annually sells, offers for sale, distrib-
    24  utes,  or  imports  in  the  state primary batteries with a total retail
    25  value of less than  five  hundred  dollars  shall  be  exempt  from  the
    26  requirements of this title.
    27  § 27-1605. Primary battery stewardship plan.
    28    1.  Primary  battery  stewardship  plan  required.  On or before April
    29  first, two thousand nineteen, each producer selling, offering for  sale,
    30  or  offering  for  promotional  purposes  a primary battery in the state
    31  shall individually or as part of a primary battery stewardship organiza-
    32  tion submit a primary battery stewardship plan to the  commissioner  for
    33  review.
    34    2. Primary battery stewardship plan; minimum requirements. Each prima-
    35  ry  battery  stewardship  plan  shall  include, at a minimum, all of the
    36  following elements:
    37    a. List of producers and brands. Each primary battery stewardship plan
    38  shall list:
    39    (i) all participating producers and contact information  for  each  of
    40  the participating producers; and
    41    (ii) the brands of primary batteries covered by the plan.
    42    b.  Free  collection.  Each  primary  battery  stewardship  plan shall
    43  provide for the free collection of primary batteries from  consumers.  A
    44  producer  shall  not refuse the collection of a primary battery based on
    45  the brand or manufacturer of the primary battery.
    46    c. Collection; convenience.  Each  primary  battery  stewardship  plan
    47  shall:
    48    (i) allow all retailers that sell primary batteries or primary batter-
    49  y-containing  products  covered under the plan and all municipalities to
    50  opt to be a collection facility;
    51    (ii) provide, at a minimum, no fewer  than  two  permanent  collection
    52  facilities  in  each  county in the state with a population of less than
    53  fifty thousand people; no less than three drop-off locations  for  coun-
    54  ties  with  populations between fifty thousand and one hundred thousand;
    55  and for all counties with a population greater than  one  hundred  thou-

        A. 6280--A                          4
     1  sand,  at  least  one location within each town, village and city with a
     2  population greater than fifty thousand; and
     3    (iii)  provide  for  the  acceptance  from  a consumer of up to twenty
     4  batteries per visit. A collection facility may agree to accept more than
     5  twenty batteries per visit from a consumer.
     6    d. Method of disposition. Each primary battery stewardship plan  shall
     7  include a description of the method that will be used to responsibly and
     8  properly  manage  discarded primary batteries and ensure that the compo-
     9  nents of the discarded primary batteries, to the extent economically and
    10  technically feasible, are recycled.
    11    e. Roles and responsibilities.  A  primary  battery  stewardship  plan
    12  shall list all key participants in the primary battery collection chain,
    13  including:
    14    (i) the number and name of the collection facilities accepting primary
    15  batteries  under the plan, including the address and contact information
    16  for each facility;
    17    (ii) the name and contact information of a transporter  or  contractor
    18  collecting primary batteries from collection facilities; and
    19    (iii)  the  name,  address,  and  contact information of the recycling
    20  facilities that process the collected primary batteries.
    21    f. Education and outreach. A primary battery  stewardship  plan  shall
    22  include  an  education  and outreach program. The education and outreach
    23  program may include media  advertising,  retail  displays,  articles  in
    24  trade  and other journals and publications, and other public educational
    25  efforts. The education and outreach program shall describe the  outreach
    26  procedures  that  will be used to provide notice of the program to busi-
    27  nesses, municipalities, retailers, wholesalers, and transporters.  At  a
    28  minimum,  the  education and outreach program shall notify the public of
    29  the following:
    30    (i) that there is a free collection program for all primary batteries;
    31  and
    32    (ii)  the  location  of  collection  points  and  how  to  access  the
    33  collection program.
    34    g.  The  establishment  of performance goals to measure the success of
    35  the program and a description of how the program  will  be  designed  to
    36  meet or exceed these goals.
    37    3. Implementation. A producer or producers shall include provisions in
    38  the plan for the implementation of the program in conjunction with those
    39  retailers  and  municipalities  acting  as collection facilities under a
    40  program. Implementation of the program shall be at no cost to  retailers
    41  or  municipalities  acting  as  collection facilities under a program. A
    42  producer shall provide retailers and municipalities acting as collection
    43  facilities products or equipment for setting up a collection  point  and
    44  for  providing  for the pickup of collected primary batteries, including
    45  arranging for the management of those primary batteries.
    46  § 27-1607. Annual report; plan audit.
    47    1. Annual report. On or before April first, two  thousand  twenty-one,
    48  and  annually  thereafter,  a  producer or a primary battery stewardship
    49  organization shall submit a report to the commissioner that contains the
    50  following:
    51    a. the weight of  primary  batteries  collected  by  the  producer  or
    52  producers acting cooperatively in the prior calendar year;
    53    b. the collection rate achieved in the prior calendar year;
    54    c.  specifies  the  collection  facilities that failed in the previous
    55  calendar year to collect a minimum of one hundred pounds  by  weight  of
    56  primary batteries and whether these collection facilities will be elimi-

        A. 6280--A                          5
     1  nated  from the producer's plan or the plan of producers acting coopera-
     2  tively;
     3    d.  the  locations  for  all collection points set up by the producers
     4  covered by the plan and contact information for each location;
     5    e. examples and description of educational materials used to  increase
     6  collection;
     7    f. the manner in which the collected primary batteries were managed;
     8    g. any material change to the primary battery stewardship plan; and
     9    h.  the  cost of implementation of the program, including the costs of
    10  collection, recycling, education, and outreach.
    11    2. Plan audit. Once every five years, a producer or stewardship organ-
    12  ization shall hire an independent third party to audit the plan and plan
    13  operation. The auditor shall examine the effectiveness of the program in
    14  collecting and recycling  primary  batteries.  The  independent  auditor
    15  shall  examine  the  cost-effectiveness of the program and compare it to
    16  that of collection programs for primary  batteries  in  other  jurisdic-
    17  tions.    The  independent  auditor  shall  make  recommendations to the
    18  commissioner on ways to increase program  efficacy  and  cost-effective-
    19  ness.
    20  § 27-1609. Agency responsibilities.
    21    1.  Approval  of  plan. Within ninety days after receipt of a proposed
    22  stewardship plan, the commissioner  shall  determine  whether  the  plan
    23  complies  with the requirements of section 27-1605 of this title. If the
    24  commissioner approves a plan, the commissioner shall notify  the  appli-
    25  cant  of  the  plan  approval  in writing. If the commissioner rejects a
    26  plan, the commissioner shall notify the  applicant  in  writing  of  the
    27  reasons  for  rejecting the plan. An applicant whose plan is rejected by
    28  the commissioner shall submit a revised plan to the commissioner  within
    29  forty-five days of receiving notice of rejection.
    30    2. Plan amendment; changes. Any changes to a proposed stewardship plan
    31  shall  be  approved by the commissioner in writing. The commissioner, in
    32  his or her discretion or at the request of a  producer,  may  require  a
    33  producer or producers to amend an approved plan.
    34    3.  Public  notice.  The  commissioner  shall  post  all  proposed and
    35  approved primary battery stewardship plans on the department's website.
    36    4. Public input. The commissioner  shall  establish  a  process  under
    37  which  a  primary  battery  stewardship  plan, prior to plan approval or
    38  amendment, is available for public review and comment.
    39    5. Registrations. The commissioner shall accept, review,  and  approve
    40  or  deny  primary  battery  stewardship  plans  submitted  under section
    41  27-1605 of this title.
    42    6. Agency website. The commissioner  shall  maintain  a  website  that
    43  includes  the names of producers with approved plans or participation in
    44  approved plans. The website shall list all  of  an  approved  producer's
    45  brands  covered by the stewardship plan filed with the commissioner. The
    46  commissioner shall update information on the website within ten days  of
    47  receipt of notice of any change to the listed information.
    48    7.  Term  of  stewardship  plan.  A  primary  battery stewardship plan
    49  approved by the commissioner under this section shall have a term not to
    50  exceed five years, provided that the producer remains in compliance with
    51  the requirements of this title and the terms of the approved plan.
    52  § 27-1611. Retailer obligations.
    53    1. Sale prohibited. Except as set forth under subdivision two of  this
    54  section, beginning January first, two thousand twenty, no retailer shall
    55  sell  or  offer  for  sale  a  primary  battery  unless the retailer has
    56  reviewed the department's website required in subdivision six of section

        A. 6280--A                          6
     1  27-1609 of this title to determine that  the  producer  of  the  primary
     2  battery is implementing an approved battery stewardship plan.
     3    2.  Inventory  exception;  expiration  or  revocation  of manufacturer
     4  registration. A retailer shall not be responsible for an  unlawful  sale
     5  of a primary battery under this section if:
     6    a.  the retailer purchased the primary battery prior to January first,
     7  two thousand twenty and sells the battery or product on or before  Janu-
     8  ary first, two thousand twenty-one; or
     9    b.  the  producer's  stewardship  plan expired or was revoked, and the
    10  retailer took possession of the in-store inventory of primary  batteries
    11  prior  to  the  expiration  or  revocation of the producer's stewardship
    12  plan.
    13  § 27-1613. Administrative fee.
    14    1. Fee assessed. A producer acting individually shall  pay  a  fee  of
    15  seven thousand five hundred dollars annually and a producer acting coop-
    16  eratively  with  at  least one other producer shall pay a fee of fifteen
    17  thousand  dollars  annually  for  operation  under  a  stewardship  plan
    18  approved by the commissioner under section 27-1609 of this title.
    19    2.  Disposition  of  fee.  The fees collected under subdivision one of
    20  this section shall be deposited in the  hazardous  waste  remedial  fund
    21  under section ninety-seven-b of the state finance law.
    22  § 27-1615. Penalties.
    23    A  producer  who  violates  the  requirements  of  this title shall be
    24  subject to a civil penalty not to exceed one thousand  dollars  per  day
    25  for each day of noncompliance.
    26  § 27-1617. Rulemaking; procedure.
    27    The  commissioner  may  adopt  rules  or  procedures  to implement the
    28  requirements of this title.
    29    § 2. The department of  environmental  conservation  shall  work  with
    30  primary  battery manufacturers to explore ways to develop labeling high-
    31  lighting the existence of battery recycling programs.
    32    § 3. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law.
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A06280 LFIN:

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