N.Y. Environmental Conservation Law § 27-0719: Battery management and disposal

§ 27-0719. Battery management and disposal.

1. Legislative intent. It is the intent of the legislature to minimize

the risk to the environment posed by batteries, both in consumer and

non-consumer uses, whether rechargeable or nonrechargeable. Such risk is

to be addressed through the elimination of mercury in zinc carbon

batteries, the minimization of mercury in alkaline manganese batteries,

the redesign of certain products containing rechargeable batteries, and

through the development of an action plan to establish a schedule for

collection systems capable of providing for the recycling or disposal of

all mercuric oxide batteries, silver oxide batteries, nickel cadmium

batteries, small lead acid batteries, and other types of batteries the

commissioner may identify.

2. Definitions. For the purposes of this section, the following

definitions shall apply:

(a) A "battery" means a device consisting of one or more cells, each

cell consisting of a positive electrode, a negative electrode and an

electrolyte, which is used to provide stored electrical power.

(b) An "alkaline manganese battery" means a battery consisting of a

manganese dioxide positive electrode, a zinc negative electrode and an

alkaline electrolyte.

(c) A "mercuric oxide battery" means a battery consisting of a

mercuric oxide positive electrode and a zinc negative electrode.

(d) A "nickel cadmium battery" means a battery consisting of a nickel

positive electrode and a cadmium negative electrode.

(e) A "small lead-acid battery" means a battery consisting of positive

and negative electrode materials which are leads or compounds thereof,

used in nonvehicular applications and weighing less than twenty-five

pounds.

(f) A "zinc carbon battery" means a battery consisting of a manganese

dioxide positive electrode, a zinc negative electrode, and a

non-alkaline electrolyte.

(g) A "silver oxide battery" means a battery consisting of a silver

oxide positive electrode, and a zinc negative electrode.

(h) A "battery pack" means one or more batteries enclosed in a

housing.

(i) A "distributor" means a seller of batteries or devices that

contain batteries at the time of sale.

(j) "Easily removed" means a battery or battery pack which is either

detachable or readily removable by the consumer from a consumer product

without cutting or desoldering any wires.

3. Mercury reduction and elimination. (a) No person may knowingly sell

or offer for sale in New York state an alkaline manganese battery

manufactured on or after January first, nineteen hundred ninety-two,

which contains more than 0.025 percent mercury by weight of the battery;

provided, however, that for alkaline manganese batteries having sizes

and shapes resembling buttons or coins, the limitation on mercury

content shall be twenty-five milligrams of mercury per battery.

(b) No person may knowingly sell or offer for sale in New York state a

zinc carbon battery manufactured on or after January first, nineteen

hundred ninety-three that contains a mercury concentration level of more

than one part per million (0.0001%) by weight.

4. Rechargeable batteries. (a) No distributor may sell or offer for

sale any product which contains a nickel cadmium or small lead-acid

battery or battery pack manufactured after July first, nineteen hundred

ninety-three unless:

(1) In the case of consumer products, the battery can be easily

removed by the consumer, or is contained in a battery pack that is

separate from the product and can be easily removed from the product.

(2) In the case of nonconsumer products, the battery can be removed or

is contained in a battery pack that is separate from the product.

(3) In all cases, the battery is clearly marked as to its type, so

that consumers, collectors and recyclers may easily identify chemical

content.

(b) The commissioner shall authorize the sale of a consumer product or

a nonconsumer product which does not comply with paragraph (a) of this

subdivision, if the commissioner determines that:

(1) The product was available for sale on or before the effective date

of this section, and the product cannot reasonably be redesigned and

manufactured prior to July first, nineteen hundred ninety-three;

provided, however, that such authorizations shall not apply to products

manufactured on or after July first, nineteen hundred ninety-five; or

(2) Design of the product to comply with paragraph (a) of this

subdivision would result in significant danger to public health and

safety.

5. Technology assessment, collection and recycling. On or before

January first, nineteen hundred ninety-three, the commissioner, in

consultation with the commissioner of economic development and battery

manufacturers, battery recyclers and others, shall report to the

governor and the legislature on an action plan which reviews the

technological feasibility of requiring the elimination of mercury from

alkaline manganese batteries, and establishes a schedule for collection

systems capable of providing for the recycling or disposal of all

mercuric oxide batteries, silver oxide batteries, nickel cadmium

batteries, small lead acid batteries, and such other type of batteries

as the commissioner may identify. Such plan and schedule shall identify

the appropriate role of battery manufacturers, retailers, consumers,

recyclers and others in the implementation of collection systems and

provide an evaluation of the feasibility of a returnable battery deposit

system in New York state; provided, however, that nothing contained

herein shall be deemed to authorize the commissioner to impose such

system or systems.