N.Y. Environmental Conservation Law § 27-1807

§ 27-1807. Rechargeable battery recycling program.\n 1. Rechargeable batteries shall be returned to a retailer that sells\nsuch batteries that are similar in shape, size, function and weight to\nthose to be disposed of. Rechargeable batteries contained in electronic\nproducts must be removed prior to disposal of such product.\n a. Retailers having a place of business in the state shall accept from\nconsumers at any time during normal business hours rechargeable\nbatteries of a similar shape, size, function and weight as the retailer\noffers for sale; provided, however, that any acceptance of batteries\nfrom electric scooters or bicycles with electric assist shall be\nvoluntary, and shall only be permissible at retailers which offer for\nsale electric scooters or bicycles with electric assist or their\nbatteries. Retailers shall take up to ten such batteries, provided,\nhowever, with respect to rechargeable batteries defined in subparagraph\n(ii) of paragraph (a) of subdivision four of section 27-1803 of this\ntitle, retailers shall take up to five such batteries, per day from any\nperson regardless of whether such person purchases replacement\nbatteries, and retailers shall also accept as many such batteries as a\nconsumer purchases from the retailer, except for batteries from electric\nscooters or bicycles with electric assist. Retailers, other than\nretailers not participating as a collection site who sell electric\nscooters or bicycles with electric assist or their batteries and no\nother types of rechargeable batteries, shall conspicuously post and\nmaintain, at or near the point of entry to the place of business, a\nlegible sign, not less than eight and one-half inches by eleven inches\nin size, stating that used rechargeable batteries of the size and shape\nsold or offered for sale by the retailer may not enter the solid waste\nstream, and that the retail establishment is a collection site for\nrecycling such batteries. Such sign shall state the following in letters\nat least one inch in height: "It is illegal to dispose of rechargeable\nbatteries in the state of New York as solid waste. We accept used\nrechargeable batteries for return to the manufacturer."\n b. Retailers that sell rechargeable batteries to consumers in the\nstate through non-retail outlets such as through catalogs, or by mail,\ntelephone or the internet shall provide at the time of purchase or\ndelivery to the consumer notice of an opportunity to return used\nrechargeable batteries at no cost to the consumer for reuse or\nrecycling.\n c. Retailers in the state, other than retailers not participating as a\ncollection site who sell electric scooters or bicycles with electric\nassist or their batteries and no other types of rechargeable batteries,\nshall conspicuously maintain, at a location within the retail\nestablishment that is convenient for use by consumers, collection boxes\nor other suitable receptacles, supplied by the manufacturer, into which\nconsumers may safely deposit used rechargeable batteries.\n d. Retailers shall not accept rechargeable batteries defined in\nsubparagraph (ii) of paragraph (a) of subdivision four of section\n27-1803 of this title that are damaged, defective, or recalled.\n e. Retailers may not sell or offer for sale to consumers in the state\nrechargeable batteries unless the battery manufacturer is operating in\naccordance with a collection, transportation, and recycling plan\napproved by the commissioner. The commissioner shall maintain on the\ndepartment's website a list of manufacturers operating in accordance\nwith approved plans, and the brands covered by such manufacturer's\nplans. No retailer shall be in violation of the requirements of this\nparagraph if, at the date the rechargeable battery was made available\nfor sale, the battery manufacturer of such battery was on the list of\nmanufacturers operating in accordance with an approved plan maintained\non the department's website.\n f. Retailers must be in compliance with the provisions of this\nsubdivision no later than one hundred eighty days after the effective\ndate of this title or, with respect to a rechargeable battery defined in\nsubparagraph (ii) of paragraph (a) of subdivision four of section\n27-1803 of this title, and with respect to the requirements of paragraph\ne of this subdivision one year after the effective date of the chapter\nof the laws of two thousand twenty-five which amended this title, or\nwhen the commissioner has approved a new or updated plan in compliance\nwith such chapter, whichever is later.\n 2. Every battery manufacturer, or any combination of battery\nmanufacturers working together, shall, at the battery manufacturer's own\nexpense, arrange for the return of, and recycling of: all used\nrechargeable batteries collected by retailers; and all rechargeable\nbatteries from electric scooters or bicycles with electric assist, and\nsuch batteries that are damaged, defective, or recalled, that are\ncollected at permitted household hazardous waste collection sites,\nregistered household hazardous waste collection events, appropriate\nmunicipal sites, and other collection sites described in the approved\nplan. Every battery manufacturer or any combination of battery\nmanufacturers working together, shall be responsible for, at a minimum,\nthe following:\n a. (i) Within ninety days of the effective date of this title or, with\nrespect to rechargeable batteries defined in subparagraph (ii) of\nparagraph (a) of subdivision four of section 27-1803 of this title,\nwithin one hundred eighty days of the effective date of the chapter of\nthe laws of two thousand twenty-five that amended such paragraph,\nsubmittance to the commissioner of a new or updated plan that identifies\nthe methods by which battery manufacturers will safely and promptly\ncollect, transport, and recycle rechargeable batteries collected by\nretailers, permitted household hazardous waste collection sites and\nregistered household hazardous waste collection events, appropriate\nmunicipal sites, and other collection sites described in the plan, at\nthe expense of the battery manufacturer, including the procedures to\npromptly and regularly remove batteries from these locations, and\nprovide retailers and collection sites with information on the safe\nhandling and storage of rechargeable batteries.\n (ii) With respect to rechargeable batteries defined in subparagraph\n(ii) of paragraph (a) of subdivision four of section 27-1803 of this\ntitle, the plan shall:\n (1) propose for the department's approval a geographic distribution of\ncollection sites to be established to maximize the opportunity for the\nsafe collection of rechargeable batteries and be sufficient to meet the\nneeds of consumers in an ongoing and convenient manner. Such proposal\nmay consider registered household hazardous waste collection events,\nprovided however, such events shall not alone be considered sufficient\nto meet the needs of consumers in an ongoing and convenient manner;\n (2) minimize the co-location of collection sites with residential\nhousing, to the extent feasible;\n (3) be consistent with state and local fire prevention and building\ncode council standards;\n (4) identify the criteria by which rechargeable batteries will be\ndetermined to be damaged, defective, or recalled, and how such\ninformation will be communicated to retailers and customers; and\n (5) include provisions to ensure that employees of collection sites\nwho handle or have responsibility for managing such batteries are\ninformed about proper handling and emergency procedures.\n a-1. The reimbursement to local governments of all costs incurred in\nrelation to the collection of rechargeable batteries from electric\nscooters or bicycles with electric assist, including, but not limited\nto, costs associated with safety training and storage.\n a-2. The provision of appropriate containers and other equipment to\nretailers and collection sites for the safe storage and handling of\nrechargeable batteries.\n b. Submittance to the department of annual reports, on a form\nprescribed by the department, concerning: (i) the amount of rechargeable\nbatteries received within the state and recycled either by number or by\nweight, including the weight of rechargeable batteries defined in\nsubparagraph (ii) of paragraph a of subdivision four of section 27-1803\nof this title received within the state as well as within a city with a\npopulation of one million or more; (ii) the location and address of all\ncollection sites and events and the amount of rechargeable batteries\ncollected at each site or event; (iii) the costs of the efforts\ndescribed in subparagraphs (i) and (ii) of this paragraph, including any\nreimbursements to municipalities; and (iv) any other relevant\ninformation as required by the department.\n c. Undertaking of efforts to educate the citizens of the state\nregarding the appropriate ways to recycle rechargeable batteries, which,\nat a minimum, shall include:\n (i) information regarding the location of retailers, collection sites,\nand events, including hours of operation and rechargeable battery type\nacceptance;\n (ii) retailer collection site safety training and outreach, including\nprocedures for handling, storing, and transporting damaged or recalled\nrechargeable batteries;\n (iii) information for relevant municipalities regarding reimbursement;\nand\n (iv) promotional activities in support of program implementation,\nincluding the maintenance of a website, distribution of educational\nmaterials and guidance, and the use of relevant media platforms, and\nother activities to maximize public awareness of collection sites.\n d. Providing for the safe and prompt collection and recycling or\nproper disposal of batteries from electric scooters or bicycles with\nelectric assist, collected by retailers of electric scooters, bicycles\nwith electric assist, or their batteries and accepted by permitted\nhousehold hazardous waste collection sites and registered household\nhazardous waste collection events, appropriate municipal sites and other\ncollection sites described in the plan.\n e. Providing for the safe and prompt collection, recycling, and\ndisposal of damaged, defective, and recalled rechargeable batteries\naccepted by permitted household hazardous waste collection sites and\nregistered household hazardous waste collection events.\n 2-a. A battery manufacturer may not sell, offer for sale, or\ndistribute rechargeable batteries, excluding rechargeable batteries\ndefined in subparagraph (ii) of paragraph (a) of subdivision four of\nsection 27-1803 of this title, in the state unless the battery\nmanufacturer is implementing or participating under an approved plan in\naccordance with this section. Provided however, beginning January first,\ntwo thousand twenty-seven, a battery manufacturer of rechargeable\nbatteries defined in subparagraph (ii) of paragraph (a) of subdivision\nfour of section 27-1803 of this title may not sell, offer for sale, or\ndistribute such rechargeable batteries in the state unless the battery\nmanufacturer is implementing or participating under an approved plan in\naccordance with this section.\n 3. The commissioner shall approve or reject any battery manufacturer's\ncollection, transportation, and recycling plans described in paragraph a\nof subdivision two of this section within ninety days of submission and,\nif rejected, inform the battery manufacturer in writing as to any\ndeficiencies in said plan. Battery manufacturers shall amend and\nresubmit any rejected plans for reconsideration within sixty days of\nnotification of the rejection of said plan. The commissioner shall\napprove or reject said plan within thirty days of resubmission and shall\nmake any approved plan public on the department's website.\n 4. The commissioner shall analyze the information provided by battery\nmanufacturers pursuant to paragraph b of subdivision two of this section\nand report such analysis to the governor and the legislature every two\nyears. Provided further, that the department shall, no later than\nJanuary first, two thousand thirty-one, make public a report examining\nvoluntary collection by retailers of rechargeable batteries from\nelectric scooters or bicycles with electric assist established pursuant\nto paragraph a of subdivision one of this section. Such report, shall,\nat a minimum:\n (i) examine information, if available, provided to the department from\nmanufacturers in their annual reports, including any known or identified\nbarriers to the voluntary participation of retailers to serve as\ncollection sites, and any concerns submitted to the department;\n (ii) identify retailers participating voluntarily and examine any\ntrends in the number and location of retailers participating\nvoluntarily;\n (iii) evaluate the need for additional collection sites and if the\nexisting number and location of collection sites is sufficient to meet\nthe needs of consumers in an ongoing and convenient manner; and\n (iv) recommend to the legislature any changes to such law, including\nan assessment of whether it is safe and feasible to expand the\ncollection requirements of retailers of rechargeable batteries from\nelectric scooters or bicycles with electric assist.\n 5. The commissioner is authorized to promulgate any rules and\nregulations needed to implement this title.\n 6. The department, when approving or rejecting any updates to a\nbattery manufacturer's collection, transportation, and recycling plans\ndescribed in paragraph a of subdivision two of this section relating to\nthe inclusion of batteries defined in subparagraph (ii) of paragraph (a)\nof subdivision four of section 27-1803 of this title, shall solicit\ninput from the office of fire prevention and control in the division of\nhomeland security and emergency services, and with respect to the parts\nof such plan directly related to the city of New York, the fire\ndepartment of the city of New York.\n