BILL NUMBER: S643E
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
rechargeable battery recycling
 
PURPOSE:
To maximize the removal of unwanted rechargeable batteries from the
solid waste stream.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the heading of article 27 of the environ-
mental conservation law.
Section two of the bill amends the title heading of title 18 of article
27 of the environmental conservation law.
Section three of the bill amends the short title of title 18 of article
27 of the environmental conservation law.
Section four of the bill amends subdivision 4 of section 27-1803 of the
environmental conservation law, as amended by chapter 562 of the laws of
2010, to include a battery used as the principal electric power source
for an electric scooter or bicycle with electric assist in the defi-
nition of rechargeable battery. This section also is also amended to set
forth the definition of "sell" and "sale".
Section five of the bill amend paragraphs subdivision 1 of section
27-1807 of the environmental conservation to specify retailer responsi-
bilities.
Section six of the bill amends paragraphs a and b of subdivision 2 of
section 27-1807 of the environmental conservation law to specify produc-
er responsibility.
Section seven of the bill amends subdivision 2 of section 27-1807 of the
environmental conservation law to provide for the safe collection and
disposal of damaged or defective batteries collected by retailers and by
government agencies and provides that a battery manufacturer may not
sell, offer for sale, or distribute rechargeable batteries in the state
unless they are implementing or participating under an approved plan.
Section eight of the bill amends section 27-1807 of the environmental
conservation law by adding new subdivision 6 which requires the depart-
ment to promulgate rules and regulations to ensure the safe storage of
rechargeable batteries that minimize the risk of fires.
Section nine of the bill amends section 27-1809 of the environmental
conservation law in relation to a city with a population of one million
or more, that such city shall have concurrent authority to enforce the
provisions of section 27-1805 and subdivision one of section 27-1807 of
this title.
Section ten of the bill amends section 27-1811 of the environmental
conservation law, as added by chapter 562 of the laws of 2010, to clari-
fy that the enforcement provisions in section 4 of the bill are not
preempted in this subdivision.
Section eleven of the bill sets forth the effective date.
 
JUSTIFICATION:
While the utilization of rechargeable batteries can have positive
impacts on our environment by reducing the amount of unwanted batteries
in our solid waste stream, fully depleted rechargeable batteries that
are treated as traditional waste can deteriorate and leak, ultimately
leading to corrosion that releases toxic chemicals into our environment.
That is why it is in the public interest of New York State to further
maximize the safe collection and disposal of unwanted rechargeable
batteries from the solid waste stream by requiring retailers and
manufacturers of rechargeable batteries to take back and properly
dispose of unwanted rechargeable batteries. The New York State law
regarding the recycling of rechargeable batteries, enacted in 2010,
A06813D/S3593C (Kavanagh/Krueger) accomplishes this purpose by requiring
rechargeable battery retailers and manufacturers to establish a compre-
hensive system for the collection, handling and proper disposal of
rechargeable batteries.
 
FISCAL IMPLICATIONS:
New York State is likely to save a significant but undetermined amount
due to reduced printing and mailing costs.
 
LEGISLATIVE HISTORY:
2022:S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION
2021:S2906 - REFERRED TO ENVIRONMENTAL CONSERVATION
2020:S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION
2019:S2331 - REFERRED TO ENVIRONMENTAL CONSERVATION
2018:S7142A - REFERRED TO ENVIRONMENTAL CONSERVATION
2017:A8577 - stricken
2016:A5851 - referred to environmental conservation
2015:A5851 - referred to environmental conservation
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S643: 27-1807 environmental conservation law, 27-1807(2) environmental conservation law, 27-1809 environmental conservation law, 27-1811 environmental conservation law
S643A: 27-1809 environmental conservation law, 27-1811 environmental conservation law
S643B: 27-1801 environmental conservation law, 27-1809 environmental conservation law, 27-1811 environmental conservation law
S643C: 27-1801 environmental conservation law, 27-1809 environmental conservation law, 27-1811 environmental conservation law
S643D: 27-1801 environmental conservation law, 27-1809 environmental conservation law, 27-1811 environmental conservation law
S643E: 27-1801 environmental conservation law, 27-1807 environmental conservation law, 27-1809 environmental conservation law, 27-1811 environmental conservation law