N.Y. Environmental Conservation Law § 27-2605: Manufacturer electronic waste registration and responsibilities

§ 27-2605. Manufacturer electronic waste registration and

responsibilities.

1. A manufacturer shall submit a registration on a form prescribed by

the department to the department by January first, two thousand eleven,

along with a registration fee of five thousand dollars. The department

may require such form to be filed electronically. Such registration

shall include:

(a) the manufacturer's name, address, and telephone number;

(b) the name and title of an officer, director, or other individual

designated as the manufacturer's contact for purposes of this title;

(c) a list identifying the manufacturer's brands;

(d) a general description of the manner in which the manufacturer will

comply with section 27-2603 of this title, including specific

information on the manufacturer's electronic waste acceptance program in

the state, and a current list of locations within the state where

consumers may return electronic waste;

(e) sales data reported by weight for the manufacturer's covered

electronic equipment sold in this state for the previous three calendar

years, categorized by type to the extent known. If the manufacturer

cannot provide accurate state sales data, it must explain why such data

cannot be provided, and estimate state sales data by (i) dividing its

national sales data by weight by the national population according to

the most recent census and multiplying the result by the population of

the state, or (ii) another method approved by the department;

(f) a statement disclosing whether: (i) any covered electronic device

sold in this state exceeds the maximum concentration values established

for lead, mercury, cadmium, hexavalent chromium, polybrominated

biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the

restriction of hazardous substances directive (RoHS) pursuant to

2002/95/EC of the European Parliament and Council and any amendments

thereto and if so, a listing of any covered electronic equipment that is

not in compliance with such directive; or (ii) the manufacturer has

received an exemption from one or more of those maximum concentration

values under the RoHS directive that has been approved and published by

the European Commission; and

(g) any other information as the department may require.

2. A manufacturer's registration is effective upon acceptance by the

department and must be updated within thirty days of any material change

to the information required by subdivision one of this section.

3. Any person who becomes a manufacturer on or after January first,

two thousand eleven shall register with the department prior to selling

or offering for sale in the state any covered electronic equipment, and

must comply with the requirements of this title.

4. No later than April first, two thousand eleven, a manufacturer

shall not sell or offer for sale electronic equipment in the state

unless the manufacturer has registered with the department and maintains

an electronic waste acceptance program through which the manufacturer,

either directly or through an agent or designee, accepts electronic

waste from consumers in the state for recycling. The manufacturer shall

ensure that retailers are notified of such registration.

5. The electronic waste acceptance program shall include, at a

minimum:

(a) collection, handling and recycling or reuse of electronic waste

pursuant to section 27-2603 of this title in a manner convenient to

consumers. The following acceptance methods shall be considered

reasonably convenient: (i) mail or ship back return programs; (ii)

collection or acceptance events conducted by the manufacturer or the

manufacturer's agent or designee, including events conducted through

local governments or private parties; (iii) fixed acceptance locations

such as dedicated acceptance sites operated by the manufacturer or its

agent or designee; (iv) agreements with local governments, retail

stores, sales outlets and not-for-profit organizations which have agreed

to provide facilities for the collection of electronic waste; (v)

community collection events; and (vi) any combination of these or other

acceptance methods which effectively provide for the acceptance of

electronic waste for recycling or reuse through means that are available

and reasonably convenient to consumers in the state. At a minimum, the

manufacturer shall ensure that all counties of the state, and all

municipalities which have a population of ten thousand or greater, have

at least one method of acceptance that is available within such county

or municipality. The department may establish additional requirements to

ensure convenient collection from consumers;

(b) information on how consumers can destroy all data on any

electronic waste, either through physical destruction of the hard drive

or through data wiping;

(c) a public education program to inform consumers about the

manufacturer's electronic waste acceptance program, including at a

minimum: (i) an internet website and a toll-free telephone number and

written information included in the product manual for, or at the time

of sale of, covered electronic equipment that provides sufficient

information to allow a consumer of covered electronic equipment to learn

how to return the covered equipment for recycling or reuse, and in the

case of manufacturers of computers, hard drives and other covered

electronic equipment that have internal memory on which personal or

other confidential data can be stored, such website shall provide

instructions for how consumers can destroy such data before surrendering

the products for recycling or reuse; (ii) advertisements and press

releases if any; and

(d) any other information as required by the department in accordance

with regulations promulgated pursuant to this article.

6. A manufacturer shall maintain records demonstrating compliance with

this title and make them available for audit and inspection by the

department for a period of three years.

7. A manufacturer may satisfy the electronic waste collection

requirements of this section by agreeing to participate in a collective

electronic waste acceptance program with other manufacturers. Any such

collective electronic waste acceptance program must meet the same

requirements as an individual manufacturer. Any collective electronic

waste acceptance program must include a list of manufacturers that are

participating in such program along with other identifying information

as may be required by the department. Such program shall submit a

registration to the department along with a registration fee of ten

thousand dollars.

8. A manufacturer shall be responsible for all costs associated with

the implementation of the electronic waste acceptance program. The

manufacturer shall not charge consumers for the collection, handling and

recycling and reuse of electronic waste, provided that such prohibition

shall not apply to a charge on business consumers or to charges for

premium services. This prohibition shall not apply to a manufacturer's

contract with a consumer for the collection, handling, recycling or

reuse of electronic waste that was entered into prior to the effective

date of this section. For purposes of this subdivision, "business

consumer" means a for-profit entity which has fifty or more full time

employees or a not-for-profit corporation with seventy-five or more full

time employees, but not a not-for-profit corporation designated under

section 501(c)(3) of the internal revenue code. For purposes of this

subdivision, "premium services" means equipment and data security

services, refurbishment for reuse by the consumer, and other custom

services as may be determined by the department.