N.Y. Environmental Conservation Law § 27-2617: Reporting requirements

§ 27-2617. Reporting requirements.

1. Beginning March first, two thousand twelve, for the period of April

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

eleven and each calendar year thereafter, a manufacturer that offers

covered electronic equipment for sale in this state shall submit a

report to the department on a form prescribed by the department that

includes the following:

(a) 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;

(b) the quantity, by weight, of electronic waste collected for

recycling or reuse in this state, categorized by the type of covered

electronic equipment collected during the reporting period, the methods

used to accept the electronic waste, and the approximate weight of

electronic waste accepted by each method used to the extent known;

(c) all quantities of electronic waste reported by the manufacturer

must separately include electronic waste generated by New York state

consumers and electronic waste received from or shipped outside the

state: (i) the quantity, by weight, of electronic waste received

directly from consumers in the state through a mail back program; (ii)

the name and address of each electronic waste collection site,

electronic waste consolidation facility, and electronic waste recycling

facility at which electronic waste from consumers was received on behalf

of the manufacturer during the reporting period, along with the

quantity, by weight, of electronic waste received; and (iii) the name

and address of each person to whom the manufacturer sent electronic

waste or component materials during the reporting period, along with the

quantity, by weight, of electronic waste or component materials thereof

sent to each such person;

(d) the number of electronic waste acceptance credits purchased, sold,

banked and traded during the reporting period, the number of electronic

waste acceptance credits used to meet the requirements of section

27-2603 of this title, and from whom they were purchased and to whom

they were sold or traded, and the number of electronic waste acceptance

credits retained as of the date of the report;

(e) the amount of any recycling surcharge owed for the reporting

period, with sufficient information to demonstrate the basis for the

calculation of the surcharge;

(f) the names and locations of electronic waste recycling facilities

utilized by the manufacturer and entities to which electronic waste is

sent for reuse, whether in the state or outside the state, including

details on the methods of recycling or reuse of electronic waste, any

disassembly or physical recovery operation used, and the environmental

management measures implemented by such recycling facility or entity;

(g) information detailing the acceptance methods made available to

consumers in municipalities which have a population of greater than ten

thousand and in each county of the state to meet the requirements of

paragraph (a) of subdivision five of section 27-2605 of this title;

(h) a brief description of its public education program including the

number of visits to the internet website and calls to the toll-free

telephone number provided by the manufacturer as required by section

27-2605 of this title;

(i) any other information as required by the department; and

(j) a signature by an officer, director, or other individual affirming

the accuracy of the report.

2. The department may require annual reports to be filed

electronically.

3. The report shall be accompanied by an annual reporting fee of three

thousand dollars, and any recycling surcharge due pursuant to section

27-2603 of this title.

4. The department shall submit a report on implementation of the title

in this state to the governor and legislature by April first, two

thousand twelve and every two years thereafter. The report must include,

at a minimum, an evaluation of:

(a) the electronic waste stream in the state;

(b) recycling and reuse rates in the state for covered electronic

equipment;

(c) a discussion of compliance and enforcement related to the

requirements of this title;

(d) recommendations for any changes to this title; and

(e) a discussion of opportunities for business development in the

state related to the acceptance, collection, handling and recycling or

reuse of electronic equipment in this state.