BILL NUMBER: S5663
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
electric and hybrid vehicle batteries
 
PURPOSE OR GENERAL IDEA OF BILL::
This bill would require producers of electric and hybrid vehicle
batteries to be responsible for collecting and recycling their products
sold in New York in a manner that is cost effective, environmentally
responsible, and convenient for consumers.
 
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 electric and
hybrid vehicle batteries 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 electric
and hybrid vehicle batteries.
Section 27-3405 of the new title requires producers of electric and
hybrid vehicle batteries solid in the state to submit collection plans
for the approval of the Department of Environmental Conservation (DEC).
Section 27-3407 of the new title specifies the responsibilities of
producers.
Section 27-3409 of the new title specifies the responsibilities of
retailers.
Section 27-3411 of the new title specifies the responsibilities of DEC.
Section 27-3413 of the new title establishes the electric and hybrid
vehicle batteries stewardship advisory board.
Section 27-3415 of the new title specifies post-consumer requirements.
Section 27-3417 of the new title provides for penalties for failure to
comply.
Section 27-3419 of the new title provides rules and regulations.
Section two of the bill amends the state finance law by establishing the
electric and hybrid vehicle batteries extended producer responsibility
fund.
Section three of the bill provides for the applicability of new title
34. Section four of the bill sets forth the effective date.
 
JUSTIFICATION::
As electric and hybrid-electric vehicles become more widespread, the
management of batteries used to propel vehicles at the end of the
batteries' usable life presents a growing challenge that must be
addressed. Electric vehicle batteries contain materials such as lithium,
cobalt, and nickel, which, if not properly managed, can pose environ-
mental and public health risks. Improper disposal of these batteries can
lead to hazardous waste contamination, water pollution, and increased
greenhouse gas emissions. On the other hand, proper collection and proc-
essing of such batteries at the end of their usable life would create an
important domestic source of critical minerals, and diminish the need
for mining new materials for batteries and other uses.
By establishing extended producer responsibility for electric vehicle
batteries, New York would take a necessary step to ensure that manufac-
turers take responsibility for the entire lifecycle of their products,
thereby reducing environmental impact, promoting recycling, and foster-
ing a circular economy. Many jurisdictions around the world have adopted
extended producer responsibility policies for electric vehicle
batteries, and in 2024 New Jersey enacted the first statewide EPR law
for electric and hybrid vehicle propulsion batteries in the United
States. By implementing an extended producer responsibility program for
electric vehicle batteries in New York, we can create a cleaner, safer,
and more sustainable future while supporting innovation and economic
growth.
 
PRIOR 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.

Statutes affected:
S5663: 71-1701 environmental conservation law