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A01598 Summary:

SPONSORRosenthal L
Add Art 27 Title 34 §27-3401, En Con L
Relates to recycling electronic cigarettes; requires electronic cigarette manufacturers to submit plans regarding the collection, transportation and recycling of electronic cigarettes to the commissioner of environmental conservation.
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A01598 Actions:

01/17/2023referred to environmental conservation
01/03/2024referred to environmental conservation
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A01598 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to recy- cling electronic cigarettes   PURPOSE: This legislation will protect from further environmental harm by requir- ing electronic cigarette manufacturers to accept electronic cigarettes and their lithium-ion batteries from retailers for recycling.   SUMMARY OF PROVISIONS: Section one amends the environmental conservation law by adding a new section 27-3201. Section two establishes the effective date.   JUSTIFICATION: As electronic cigarette use has surged in recent years, concerns have been raised about the environmental impacts of these products. Elec- tronic cigarettes are largely made of plastic and carry disposable plas- tic pods filled with liquid nicotine. The plastic pollution generated by disposal of electronic cigarettes has only increased. It has been esti- mated that more than one billion pieces of electronic cigarette-related waste is generated each year, and unfortunately, there is no appropriate place for consumers to properly dispose of the waste. The lithium-ion batteries contained within electronic cigarettes also present a hazard: lithium-ion batteries are classified as hazardous materials by the United States Environmental Protection Agency and should not be disposed of with household garbage or in recycling bins. However, many electronic cigarette companies do not operate recycling programs for consumers to return their used devices, leaving customers no choice but to dispose of them improperly. When consumers throw out used electronic cigarettes, the flammable lithium-ion batteries contained inside pose a danger to sanitation workers. While some compa- nies do accept batteries for recycling, electronic cigarettes are often designed so that a consumer cannot remove the battery themselves. Electronic cigarette companies must provide consumers with a safe way to recycle their used products, particularly given the danger associated with improper disposal of lithium-ion batteries. This legislation will direct all manufacturers of electronic cigarettes to accept used elec- tronic cigarettes for recycling and require vapor product dealers to collect used devices from consumers. Further, the legislation will require manufacturers to provide data to the Department of Environmental Conservation on the number of products and batteries collected each year.   LEGISLATIVE HISTORY: 2021-22: A.8884 - Referred to Environmental Conservation   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: 180 days.
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A01598 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2023
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation to recy-
          cling electronic cigarettes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 34 to read as follows:
     3                                  TITLE 34
     4                       ELECTRONIC CIGARETTE RECYCLING
     5  Section 27-3401. Return of electronic cigarettes for recycling.
     6  § 27-3401. Return of electronic cigarettes for recycling.
     7    1.  Manufacturers  of electronic cigarettes shall accept the return of
     8  such devices for recycling by vapor product dealers registered  pursuant
     9  to  article  twenty-eight-C  of the tax law. Vapor product dealers shall
    10  accept the return of any used electronic cigarettes for recycling.
    11    2. Electronic cigarette manufacturers which import for profit, sell or
    12  offer electronic cigarettes for sale in this state shall be  responsible
    13  for, at a minimum, the following:
    14    a. Within ninety days of the effective date of this title, submittance
    15  to  the commissioner of a plan that identifies the methods by which such
    16  manufacturers will safely collect and recycle electronic cigarettes  and
    17  the lithium-ion batteries contained therein.
    18    b.  Submittance  to  the  department  of  annual  reports,  on  a form
    19  prescribed by the department, concerning the amount of electronic  ciga-
    20  rettes  received  within  the  state and recycled either by number or by
    21  weight; the costs of such efforts; and any other relevant information as
    22  required by the department.
    23    c. Undertaking of efforts to educate consumers regarding the appropri-
    24  ate ways to recycle electronic cigarettes.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1598                             2
     1    3. The commissioner shall approve or reject any  electronic  cigarette
     2  manufacturer's collection, transportation, and recycling plans described
     3  in  paragraph a of subdivision two of this section within ninety days of
     4  submission and, if rejected, inform the electronic cigarette manufactur-
     5  er  in writing as to any deficiencies in said plan. Electronic cigarette
     6  manufacturers shall amend and resubmit any rejected plans for  reconsid-
     7  eration within sixty days of notification of the rejection of said plan.
     8  The commissioner shall approve or reject said plan within thirty days of
     9  resubmission.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it  shall have become a law. Effective immediately, the addition, amend-
    12  ment and/or repeal of any rule or regulation necessary for the implemen-
    13  tation of this act on its effective date are authorized to be  made  and
    14  completed on or before such effective date.
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