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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1598
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.
STATE OF NEW YORK
________________________________________________________________________
1598
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.
LBD05769-01-3
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.
