N.Y. Environmental Conservation Law § 27-1807: Rechargeable battery recycling program

§ 27-1807. Rechargeable battery recycling program.

1. Rechargeable batteries shall be returned to a retailer that sells

such batteries that are similar in shape, size, function and weight to

those to be disposed of. Rechargeable batteries contained in electronic

products must be removed prior to disposal of such product.

a. Retailers having a place of business in the state shall accept from

consumers at any time during normal business hours rechargeable

batteries of a similar shape, size, function and weight as the retailer

offers for sale; provided, however, that any acceptance of batteries

from electric scooters or bicycles with electric assist shall be

voluntary, and shall only be permissible at retailers which offer for

sale electric scooters or bicycles with electric assist or their

batteries. Retailers shall take up to ten such batteries, provided,

however, with respect to rechargeable batteries defined in subparagraph

(ii) of paragraph (a) of subdivision four of section 27-1803 of this

title, retailers shall take up to five such batteries, per day from any

person regardless of whether such person purchases replacement

batteries, and retailers shall also accept as many such batteries as a

consumer purchases from the retailer, except for batteries from electric

scooters or bicycles with electric assist. Retailers, other than

retailers not participating as a collection site who sell electric

scooters or bicycles with electric assist or their batteries and no

other types of rechargeable batteries, shall conspicuously post and

maintain, at or near the point of entry to the place of business, a

legible sign, not less than eight and one-half inches by eleven inches

in size, stating that used rechargeable batteries of the size and shape

sold or offered for sale by the retailer may not enter the solid waste

stream, and that the retail establishment is a collection site for

recycling such batteries. Such sign shall state the following in letters

at least one inch in height: "It is illegal to dispose of rechargeable

batteries in the state of New York as solid waste. We accept used

rechargeable batteries for return to the manufacturer."

b. Retailers that sell rechargeable batteries to consumers in the

state through non-retail outlets such as through catalogs, or by mail,

telephone or the internet shall provide at the time of purchase or

delivery to the consumer notice of an opportunity to return used

rechargeable batteries at no cost to the consumer for reuse or

recycling.

c. Retailers in the state, other than retailers not participating as a

collection site who sell electric scooters or bicycles with electric

assist or their batteries and no other types of rechargeable batteries,

shall conspicuously maintain, at a location within the retail

establishment that is convenient for use by consumers, collection boxes

or other suitable receptacles, supplied by the manufacturer, into which

consumers may safely deposit used rechargeable batteries.

d. Retailers shall not accept rechargeable batteries defined in

subparagraph (ii) of paragraph (a) of subdivision four of section

27-1803 of this title that are damaged, defective, or recalled.

e. Retailers may not sell or offer for sale to consumers in the state

rechargeable batteries unless the battery manufacturer is operating in

accordance with a collection, transportation, and recycling plan

approved by the commissioner. The commissioner shall maintain on the

department's website a list of manufacturers operating in accordance

with approved plans, and the brands covered by such manufacturer's

plans. No retailer shall be in violation of the requirements of this

paragraph if, at the date the rechargeable battery was made available

for sale, the battery manufacturer of such battery was on the list of

manufacturers operating in accordance with an approved plan maintained

on the department's website.

f. Retailers must be in compliance with the provisions of this

subdivision no later than one hundred eighty days after the effective

date of this title or, with respect to a rechargeable battery defined in

subparagraph (ii) of paragraph (a) of subdivision four of section

27-1803 of this title, and with respect to the requirements of paragraph

e of this subdivision one year after the effective date of the chapter

of the laws of two thousand twenty-five which amended this title, or

when the commissioner has approved a new or updated plan in compliance

with such chapter, whichever is later.

2. Every battery manufacturer, or any combination of battery

manufacturers working together, shall, at the battery manufacturer's own

expense, arrange for the return of, and recycling of: all used

rechargeable batteries collected by retailers; and all rechargeable

batteries from electric scooters or bicycles with electric assist, and

such batteries that are damaged, defective, or recalled, that are

collected at permitted household hazardous waste collection sites,

registered household hazardous waste collection events, appropriate

municipal sites, and other collection sites described in the approved

plan. Every battery manufacturer or any combination of battery

manufacturers working together, shall be responsible for, at a minimum,

the following:

a. (i) Within ninety days of the effective date of this title or, with

respect to rechargeable batteries defined in subparagraph (ii) of

paragraph (a) of subdivision four of section 27-1803 of this title,

within one hundred eighty days of the effective date of the chapter of

the laws of two thousand twenty-five that amended such paragraph,

submittance to the commissioner of a new or updated plan that identifies

the methods by which battery manufacturers will safely and promptly

collect, transport, and recycle rechargeable batteries collected by

retailers, permitted household hazardous waste collection sites and

registered household hazardous waste collection events, appropriate

municipal sites, and other collection sites described in the plan, at

the expense of the battery manufacturer, including the procedures to

promptly and regularly remove batteries from these locations, and

provide retailers and collection sites with information on the safe

handling and storage of rechargeable batteries.

(ii) With respect to rechargeable batteries defined in subparagraph

(ii) of paragraph (a) of subdivision four of section 27-1803 of this

title, the plan shall:

(1) propose for the department's approval a geographic distribution of

collection sites to be established to maximize the opportunity for the

safe collection of rechargeable batteries and be sufficient to meet the

needs of consumers in an ongoing and convenient manner. Such proposal

may consider registered household hazardous waste collection events,

provided however, such events shall not alone be considered sufficient

to meet the needs of consumers in an ongoing and convenient manner;

(2) minimize the co-location of collection sites with residential

housing, to the extent feasible;

(3) be consistent with state and local fire prevention and building

code council standards;

(4) identify the criteria by which rechargeable batteries will be

determined to be damaged, defective, or recalled, and how such

information will be communicated to retailers and customers; and

(5) include provisions to ensure that employees of collection sites

who handle or have responsibility for managing such batteries are

informed about proper handling and emergency procedures.

a-1. The reimbursement to local governments of all costs incurred in

relation to the collection of rechargeable batteries from electric

scooters or bicycles with electric assist, including, but not limited

to, costs associated with safety training and storage.

a-2. The provision of appropriate containers and other equipment to

retailers and collection sites for the safe storage and handling of

rechargeable batteries.

b. Submittance to the department of annual reports, on a form

prescribed by the department, concerning: (i) the amount of rechargeable

batteries received within the state and recycled either by number or by

weight, including the weight of rechargeable batteries defined in

subparagraph (ii) of paragraph a of subdivision four of section 27-1803

of this title received within the state as well as within a city with a

population of one million or more; (ii) the location and address of all

collection sites and events and the amount of rechargeable batteries

collected at each site or event; (iii) the costs of the efforts

described in subparagraphs (i) and (ii) of this paragraph, including any

reimbursements to municipalities; and (iv) any other relevant

information as required by the department.

c. Undertaking of efforts to educate the citizens of the state

regarding the appropriate ways to recycle rechargeable batteries, which,

at a minimum, shall include:

(i) information regarding the location of retailers, collection sites,

and events, including hours of operation and rechargeable battery type

acceptance;

(ii) retailer collection site safety training and outreach, including

procedures for handling, storing, and transporting damaged or recalled

rechargeable batteries;

(iii) information for relevant municipalities regarding reimbursement;

and

(iv) promotional activities in support of program implementation,

including the maintenance of a website, distribution of educational

materials and guidance, and the use of relevant media platforms, and

other activities to maximize public awareness of collection sites.

d. Providing for the safe and prompt collection and recycling or

proper disposal of batteries from electric scooters or bicycles with

electric assist, collected by retailers of electric scooters, bicycles

with electric assist, or their batteries and accepted by permitted

household hazardous waste collection sites and registered household

hazardous waste collection events, appropriate municipal sites and other

collection sites described in the plan.

e. Providing for the safe and prompt collection, recycling, and

disposal of damaged, defective, and recalled rechargeable batteries

accepted by permitted household hazardous waste collection sites and

registered household hazardous waste collection events.

2-a. A battery manufacturer may not sell, offer for sale, or

distribute rechargeable batteries, excluding rechargeable batteries

defined in subparagraph (ii) of paragraph (a) of subdivision four of

section 27-1803 of this title, in the state unless the battery

manufacturer is implementing or participating under an approved plan in

accordance with this section. Provided however, beginning January first,

two thousand twenty-seven, a battery manufacturer of rechargeable

batteries defined in subparagraph (ii) of paragraph (a) of subdivision

four of section 27-1803 of this title may not sell, offer for sale, or

distribute such rechargeable batteries in the state unless the battery

manufacturer is implementing or participating under an approved plan in

accordance with this section.

3. The commissioner shall approve or reject any battery manufacturer's

collection, transportation, and recycling plans described in paragraph a

of subdivision two of this section within ninety days of submission and,

if rejected, inform the battery manufacturer in writing as to any

deficiencies in said plan. Battery manufacturers shall amend and

resubmit any rejected plans for reconsideration within sixty days of

notification of the rejection of said plan. The commissioner shall

approve or reject said plan within thirty days of resubmission and shall

make any approved plan public on the department's website.

4. The commissioner shall analyze the information provided by battery

manufacturers pursuant to paragraph b of subdivision two of this section

and report such analysis to the governor and the legislature every two

years. Provided further, that the department shall, no later than

January first, two thousand thirty-one, make public a report examining

voluntary collection by retailers of rechargeable batteries from

electric scooters or bicycles with electric assist established pursuant

to paragraph a of subdivision one of this section. Such report, shall,

at a minimum:

(i) examine information, if available, provided to the department from

manufacturers in their annual reports, including any known or identified

barriers to the voluntary participation of retailers to serve as

collection sites, and any concerns submitted to the department;

(ii) identify retailers participating voluntarily and examine any

trends in the number and location of retailers participating

voluntarily;

(iii) evaluate the need for additional collection sites and if the

existing number and location of collection sites is sufficient to meet

the needs of consumers in an ongoing and convenient manner; and

(iv) recommend to the legislature any changes to such law, including

an assessment of whether it is safe and feasible to expand the

collection requirements of retailers of rechargeable batteries from

electric scooters or bicycles with electric assist.

5. The commissioner is authorized to promulgate any rules and

regulations needed to implement this title.

6. The department, when approving or rejecting any updates to a

battery manufacturer's collection, transportation, and recycling plans

described in paragraph a of subdivision two of this section relating to

the inclusion of batteries defined in subparagraph (ii) of paragraph (a)

of subdivision four of section 27-1803 of this title, shall solicit

input from the office of fire prevention and control in the division of

homeland security and emergency services, and with respect to the parts

of such plan directly related to the city of New York, the fire

department of the city of New York.