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S08480 Summary:

Amd 27-2605, 27-2603 & 27-2617, En Con L
Relates to the public education and outreach program required to be developed by manufacturers of electronics and electronic waste collection sites.
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S08480 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      June 4, 2020
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the environmental conservation law, in relation to recy-
          cling of electronic products
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Paragraph (d) of subdivision 1 of section 27-2605 of the
     2  environmental conservation law, as added by chapter 99 of  the  laws  of
     3  2010, is amended to read as follows:
     4    (d) a general description of the manner in which the manufacturer will
     5  comply  with  section 27-2603 of this title, including specific informa-
     6  tion on the manufacturer's electronic waste acceptance  program  in  the
     7  state,  [and] a current list of locations within the state where consum-
     8  ers may return electronic waste, and a description of the public  educa-
     9  tion  and outreach program required by paragraph (c) of subdivision five
    10  of this section;
    11    § 2. Paragraphs (a) and (c) of subdivision 5 of section 27-2605 of the
    12  environmental conservation law, as added by chapter 99 of  the  laws  of
    13  2010, are amended to read as follows:
    14    (a)  collection,  handling  and recycling or reuse of electronic waste
    15  pursuant to section 27-2603 of this title  in  a  manner  convenient  to
    16  consumers. [The following acceptance methods shall be considered reason-
    17  ably  convenient: (i) mail or ship back return programs; (ii) collection
    18  or acceptance events conducted by the manufacturer or the manufacturer's
    19  agent or designee, including events conducted through local  governments
    20  or  private  parties; (iii) fixed acceptance locations such as dedicated
    21  acceptance sites operated by the manufacturer or its agent or  designee;
    22  (iv) agreements with local governments, retail stores, sales outlets and
    23  not-for-profit organizations which have agreed to provide facilities for
    24  the collection of electronic waste; (v) community collection events; and
    25  (vi)  any  combination of these or other acceptance methods which effec-
    26  tively provide for the acceptance of electronic waste for  recycling  or
    27  reuse  through  means  that  are  available and reasonably convenient to
    28  consumers in the state. At a minimum, the manufacturer shall ensure that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8480                             2

     1  all counties of the state, and all municipalities  which  have  a  popu-
     2  lation  of  ten thousand or greater, have at least one method of accept-
     3  ance that is available within such county or municipality.  The  depart-
     4  ment   may   establish  additional  requirements  to  ensure  convenient
     5  collection from consumers] To meet minimum  collection  requirements,  a
     6  manufacturer or the manufacturer's agent or designee shall use geograph-
     7  ic  modeling to determine the number and distribution of permanent sites
     8  to be operated  by  the  manufacturer  or  its  agent  or  designee  for
     9  collection of covered electronic equipment based on the following crite-
    10  ria:  (i)  at  least  ninety  percent of New York residents shall have a
    11  collection site within a fifteen mile radius of  their  principal  resi-
    12  dence;  and (ii) one additional permanent collection site will be estab-
    13  lished for every fifty thousand  residents  of  an  urbanized  area  (as
    14  defined by the United States Census Bureau).
    15    In addition, a manufacturer or its agent or its designee, shall ensure
    16  that:  (i)  in counties with populations between sixty-five thousand and
    17  three hundred thousand people, there shall be no less than three  perma-
    18  nent  collection  locations  for collection of covered electronic equip-
    19  ment; and (ii) in counties with less than  sixty-five  thousand  people,
    20  there  shall  be, at a minimum, three community collection or acceptance
    21  events conducted on an annual basis by the manufacturer or the  manufac-
    22  turer's agent or designee, or on behalf of the manufacturer or its agent
    23  or  designee  by  a  local government or private party. The schedule for
    24  such collection events  shall  be  made  available  to  the  public  and
    25  provided to the department on or before the first day of January of each
    26  year.
    27    Permanent  collection locations may be operated by the manufacturer or
    28  its agent or designee, or by local  governments,  retail  stores,  sales
    29  outlets,  and  not-for-profit  organizations  which have agreed with the
    30  manufacturer or its agent or designee  to  provide  facilities  for  the
    31  collection of electronic waste.
    32    Nothing in this section shall prohibit a county or solid waste author-
    33  ity,  at  its  discretion,  to establish a permanent collection site for
    34  electronic waste to meet the convenience standard, and the manufacturer,
    35  or its agent or designee, shall accept all covered electronic  equipment
    36  so  collected at no cost to the municipality, and shall reimburse to the
    37  municipality the reasonable costs of preparing the  collected  equipment
    38  for shipment.
    39    A  manufacturer  may participate with other manufacturers in a collec-
    40  tive electronic waste acceptance  program  to  achieve  the  convenience
    41  standard established herein;
    42    (c)  a  public  education  and  outreach program, developed in collab-
    43  oration with the manufacturer and the operator of each electronic  waste
    44  collection site where the manufacturer's covered electronic equipment is
    45  collected, to inform consumers about the manufacturer's electronic waste
    46  acceptance program, including at a minimum one or more of the following:
    47  (i) an internet website and a toll-free telephone number provided by the
    48  manufacturer and written information included in the product manual for,
    49  or  at  the  time of sale of, covered electronic equipment that provides
    50  sufficient information to allow a consumer of covered electronic  equip-
    51  ment  to  learn  how  to  return  the covered equipment for recycling or
    52  reuse, and in the case of manufacturers of computers,  hard  drives  and
    53  other  covered  electronic  equipment that have internal memory on which
    54  personal or other confidential data can be stored,  such  website  shall
    55  provide  instructions  for  how  consumers  can destroy such data before
    56  surrendering the products for recycling or  reuse;  (ii)  advertisements

        S. 8480                             3
     1  and  press releases [if any]; and (iii) post-purchase electronic notifi-
     2  cation from the manufacturer to consumers; and
     3    §  3.  Subdivision 8 of section 27-2605 of the environmental conserva-
     4  tion law, as added by chapter 99 of the laws of 2010, is amended to read
     5  as follows:
     6    8. A manufacturer shall be responsible for all costs  associated  with
     7  the implementation of the electronic waste acceptance program, including
     8  but not limited to all costs of collection, transportation and recycling
     9  of covered electronic equipment.  A manufacturer shall continue to cover
    10  the  full  costs  of collection, transportation and recycling of covered
    11  electronic equipment, and its collection responsibilities under subdivi-
    12  sion one of this section  shall  continue,  regardless  of  whether  the
    13  acceptance standard in subdivision four of section 27-2603 of this arti-
    14  cle  is  achieved for the year.  The manufacturer or its agent shall not
    15  charge consumers, municipalities or electronic  waste  collection  sites
    16  for  the  collection,  handling  and  recycling  and reuse of electronic
    17  waste, provided that such prohibition shall not apply  to  a  charge  on
    18  business  consumers or to charges for premium services. This prohibition
    19  shall not apply to a manufacturer's contract with  a  consumer  for  the
    20  collection,  handling,  recycling  or reuse of electronic waste that was
    21  entered into prior to the effective date of this section.  For  purposes
    22  of this subdivision, "business consumer" means a for-profit entity which
    23  has  fifty  or  more full time employees or a not-for-profit corporation
    24  with seventy-five or more full time employees, but not a  not-for-profit
    25  corporation  designated  under section 501(c)(3) of the internal revenue
    26  code. For purposes of this subdivision, "premium services" means  equip-
    27  ment  and data security services, refurbishment for reuse by the consum-
    28  er, and other custom services as may be determined by the department.
    29    § 4. Section 27-2603 of the environmental conservation law is  amended
    30  by adding a new subdivision 8 to read as follows:
    31    8.  A  person  operating an electronic waste collection site, an elec-
    32  tronic waste consolidation facility or  an  electronic  waste  recycling
    33  facility  and  having a reasonable ground to believe that a manufacturer
    34  has failed or is failing to cover all costs of  collection,  transporta-
    35  tion  or  recycling  of  covered  electronic  equipment, may request the
    36  department to investigate such alleged failure and, upon  a  finding  by
    37  the  department  that the manufacturer has failed or is failing to cover
    38  such costs, the department shall order  the  manufacturer  to  pay  such
    39  costs.
    40    § 5. Paragraphs (f) and (h) of subdivision 1 of section 27-2617 of the
    41  environmental  conservation  law,  as added by chapter 99 of the laws of
    42  2010, are amended to read as follows:
    43    (f) the names and locations of electronic waste  recycling  facilities
    44  utilized  by  the manufacturer and entities to which electronic waste is
    45  sent for reuse, whether  such facilities or entities are located in  the
    46  state  or outside the state, including details on the methods of recycl-
    47  ing or reuse of electronic waste, any disassembly or  physical  recovery
    48  operation used, and the environmental management measures implemented by
    49  [such]  each recycling facility or entity identified by the manufacturer
    50  under this paragraph;
    51    (h) a [brief] description of [its] the public education  and  outreach
    52  program required by paragraph (c) of subdivision five of section 27-2605
    53  of  this  title,  including the number of visits to the internet website
    54  and calls to the toll-free telephone number provided by the manufacturer
    55  [as required by section  27-2605  of  this  title],  copies  of  written

        S. 8480                             4
     1  notices,  and  number  of post-purchase electronic notifications sent to
     2  consumers;
     3    § 6. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
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