BILL NUMBER: S6105B
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law and the state finance
law, in relation to establishing extended producer responsibility for
household appliances and refrigerants
 
PURPOSE OF BILL:
This bill would require producer responsibility for the collection and
recycling of household appliances and refrigerants.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends article 27 of the environmental conserva-
tion law by adding a new title 34 requiring producers of household
appliances and refrigerants to provide for the collection and recycling
of their products.
Section 27-3401 of the new title sets forth definitions.
Section 27-3403 of the new title sets forth a disposal ban of household
appliances and refrigerants.
Section 27-3405 of the new title requires producers of household appli-
ances and refrigerants sold in the state to submit collection plans for
the approval of the Department of Environmental Conservation (DEC).
Section 27-3407 producers of the new title specifies the responsibil-
ities of
Section 27-3409 the retailers of the new title specifies the responsi-
bilities of retailers
Section 27-3411 the new title specifies the responsibilities of the DEC.
Section 27-3413 of the new title specifies post-consumer requirements.
Section 27-3415 of the new title provides for penalties for failure to
comply.
Section 27-3417 of the new title provides that its provisions do not
preempt local law.
Section 27-3419 of the new title provides rules and regulations.
Section three of the bill provides for the applicability of new title
34.
Section four of the bill provides for the applicability of new title 34.
Section five of the bill sets forth the effective date.
 
JUSTIFICATION:
Many large household appliances such as air conditioners, refrigerators,
freezers, and dehumidifiers may contain synthetic refrigerants such as
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydro-
fluorocarbons (HFCs), which contribute to the depletion of the ozone
layer and contribute to the climate crisis. Furthermore, a lot of these
products end up in landfills where they are treated as conventional
waste, and may liberate these synthetic refrigerants further in the
atmosphere and soil. However, rather than treating these appliances as
conventional waste, many of the materials in these appliances can be
recycled. In 2014, New York City passed the first-ever Refrigerant
Equipment Safe Handling Act. Since enactment of that legislation, refri-
gerant manufacturers have collected over 90,000 products, saving the
city more than $1.3 million.
Refrigerants are also critical in the operation of heat pumps, a versa-
tile and efficient cooling and heating system that is a clean and heal-
thy alternative to traditional heating and cooling systems. Due to
falling costs and strong incentives, more Americans than ever are
purchasing heat pumps for their homes. For the first time in 2022, annu-
al sales in the United States exceeded 4 million units, surpassing those
of gas-powered systems. Heat pumps are likely to be a critical part of
New Yorkers' efforts to meet the essential goals of the Climate Leader-
ship and Community Protection Act, which will necessitate rapid progress
toward decarbonization and electrification. This makes it all the more
important that the State put in place a program to ensure the recycling
of refrigerant and refrigerant-containing appliances.
This bill would keep household appliances and refrigerants out of our
landfills, reducing contamination of New York's land and water, and
preventing climate pollution from being released into the air. As with
other extended producer responsibility initiatives, the program required
by this bill would hold producers, who profit from the sale of these
products, responsible for the collection and recycling of refrigerants
and refrigerant-containing appliances at the end of their useful life,
promoting a more circular economy and reducing costs for municipalities
across the state.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
Minimal to the state, with the expectation that costs will be fully
covered by fees generated by the program.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to section 71-1701 of the environmental conservation law made by
section four of this act shall take effect on the same date and in the
same manner as section 2 of chapter 795 of the laws of 2022, takes
effect.

Statutes affected:
S6105B: 71-1701 environmental conservation law