N.Y. Environmental Conservation Law § 27-2603: Manufacturer collection; recycling surcharge

§ 27-2603. Manufacturer collection; recycling surcharge.

1. (a) Beginning April first, two thousand eleven, a manufacturer of

covered electronic equipment must accept for collection, handling and

recycling or reuse electronic waste for which it is the manufacturer.

Such waste shall count toward the amount of electronic waste required to

be accepted pursuant to subdivision four of this section.

(b) Beginning April first, two thousand eleven, a manufacturer of

covered electronic equipment must accept for collection, handling and

recycling or reuse one piece of electronic waste of any manufacturer's

brand if offered by a consumer with the purchase of covered electronic

equipment of the same type by a consumer. Such waste shall count toward

the amount of the electronic waste required to be accepted pursuant to

subdivision four of this section.

2. Beginning April first, two thousand eleven, each manufacturer must

accept for collection, handling and recycling or reuse the

manufacturer's acceptance standard as specified in subdivision four of

this section.

3. Statewide recycling or reuse goal. (a) For the period from April

first, two thousand eleven through December thirty-first, two thousand

eleven, the statewide recycling or reuse goal for electronic waste shall

be the product of the latest population estimate for the state, as

published by the U.S. Census bureau multiplied by three pounds

multiplied by three-quarters.

(b) For calendar year two thousand twelve, the statewide recycling or

reuse goal for all electronic waste shall be the product of the latest

population estimate for the state, as published by the U.S. Census

bureau multiplied by four pounds.

(c) For calendar year two thousand thirteen, the statewide recycling

or reuse goal for all electronic waste shall be the product of the

latest population estimate for the state, as published by the U.S.

Census bureau multiplied by five pounds.

(d) For calendar year two thousand fourteen and annually thereafter,

the statewide recycling or reuse goal for all electronic waste is the

product of the base weight multiplied by the goal attainment percentage.

For the purposes of this paragraph, "base weight" means the greater of:

(i) the average weight of all electronic waste collected for recycling

or reuse during the previous three calendar years as reported to the

department pursuant to paragraph (b) of subdivision one of section

27-2617 of this title; or (ii) the three year average of the sum of all

electronic waste collected for recycling or reuse during the previous

three calendar years based on information reported to the department

pursuant to paragraph (b) of subdivision one, paragraph (b) of

subdivision two and paragraph (b) of subdivision three of section

27-2613 of this title.

(e) The "goal attainment percentage" means:

(i) ninety percent if the base weight is less than ninety percent of

the statewide recycling or reuse goal for the previous calendar year;

(ii) ninety-five percent if the base weight is ninety percent or

greater, but does not exceed ninety-five percent of the statewide

recycling or reuse goal for the previous calendar year;

(iii) one hundred percent if the base weight is ninety-five percent or

greater, but does not exceed one hundred five percent of the statewide

recycling or reuse goal for the previous calendar year;

(iv) one hundred five percent if the base weight is one hundred five

percent or greater, but does not exceed one hundred ten percent of the

statewide recycling or reuse goal for the previous calendar year; and

(v) one hundred ten percent if the base weight is one hundred ten

percent or greater of the statewide recycling or reuse goal for the

previous calendar year.

4. Manufacturer acceptance standard. (a) For the period April first,

two thousand eleven through December thirty-first, two thousand eleven

and annually thereafter, each manufacturer's acceptance standard is the

product of the statewide recycling or reuse goal under paragraph (a),

(b), (c) or (d) of subdivision three of this section, as appropriate,

multiplied by that manufacturer's market share pursuant to paragraph (b)

of this subdivision.

(b) Each manufacturer's market share of electronic waste shall be

determined by the department based on the manufacturer's percentage

share of the total weight of covered electronic equipment sold as

determined by the best available information, including, but not limited

to, state sales data reported by weight. Beginning April first, two

thousand eleven, and every calendar year thereafter, the department

shall provide each manufacturer with a determination of its market share

of electronic waste which shall be the quotient of the total weight of

the manufacturer's covered electronic equipment sold to persons in this

state based on the average annual retail sales during the preceding

three calendar years, as reported under sections 27-2605 and 27-2617 of

this title divided by the total weight of all manufacturers covered

electronic equipment sold to persons in this state based on the average

annual retail sales during the preceding three calendar years, as

reported under sections 27-2605 and 27-2617 of this title.

5. In the absence of a waiver by the department pursuant to

subdivision three of section 27-2615 of this title, beginning in

calendar year two thousand thirteen, a manufacturer that fails to meet

its manufacturer's acceptance standard for the previous calendar year as

required by subdivision four of this section shall be subject to a

recycling surcharge, determined as follows:

(a) If a manufacturer accepts at least ninety percent but less than

one hundred percent of its manufacturer's acceptance standard as

required by subdivision four of this section, the surcharge shall be

thirty cents multiplied by the number of additional pounds of electronic

waste that should have been accepted by such manufacturer.

(b) If a manufacturer accepts at least fifty percent but less than

ninety percent of its manufacturer's acceptance standard as required by

subdivision four of this section, the surcharge shall be forty cents

multiplied by the number of additional pounds of electronic waste that

should have been accepted by such manufacturer.

(c) If a manufacturer accepts less than fifty percent of its

manufacturer's acceptance standard as required by subdivision four of

this section, the surcharge shall be fifty cents multiplied by the

number of additional pounds of electronic waste that should have been

accepted by such manufacturer.

6. The recycling surcharge shall be paid to the department with the

annual report required pursuant to section 27-2617 of this title.

7. Beginning with calendar year two thousand fourteen, if a

manufacturer accepts more than its manufacturer's acceptance standard as

required by subdivision four of this section, the excess weight may be

used as electronic waste acceptance credits and may be sold, traded, or

banked for a period no longer than three calendar years succeeding the

year in which the credits were earned; provided, however, that no more

than twenty-five percent of a manufacturer's obligation for any calendar

year may be met with recycling credits generated in a prior calendar

year.