SUMMARY OF E-WASTE RECYCLING PROVISONS OF S.7988/A.11308

Sections 3 through 5 of this bill would enact the ElectronicEquipment Recycling and Reuse Act and create a new Title 26 in ECLArticle 27 to establish a state-wide electronic equipment reuse andrecycling program as follows:

ECL § 27-2601 would establish definitions for terms used in thetitle, including "covered electronic equipment," "computerperipheral," "small electronic equipment," "electronic waste,""electronic waste collection site," "electronic waste consolidationfacility," "electronic waste recycling facility," and "manufacturer."

ECL § 27-2603 would require manufacturers to accept for recycling orreuse electronic waste for which it is the manufacturer from consumers in the State and accept one piece of electronic waste ifoffered by a consumer, with the purchase of a piece of equipment ofthe same type beginning April 1, 2011. Manufacturers would also berequired to take their market share of electronic waste, by weight,as determined by DEC based on the three year average of annual salesin the State. This section would also establish a statewide recycling or reuse goal. More specifically:

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For the period April 1, 2011 through December 31, 2011, thestatewide recycling or reuse goal would be 75% of three pounds percapita.
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For calendar year 2012, the statewide recycling or reuse goal wouldbe four pounds per capita.
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For calendar year 2013, the statewide recycling or reuse goal wouldbe five pounds per capita.
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For calendar year 2014 and thereafter, the statewide recycling orreuse goal would be the base weight multiplied by the goal attainmentpercentage.
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The base weight is the average of the total amount of weight ofelectronic waste collected for recycling and reuse in the prior threeyears.
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The goal attainment percentage ranges from 90-110% based on therelationship of base weight to the prior years statewide recycling orreuse goal.

Each manufacturer would be assigned a proportion of the statewiderecycling or reuse goal based on the weight of that manufacturer'smarket share of sales. This section would also establish recyclingsurcharges for the failure of manufacturers to meet such standards.

Beginning in calendar year 2014, a manufacturer also would be able tobank, trade or sell credits for the amount of electronic waste itcollects in excess of its annual obligation. Such credits wouldaccount for a maximum of twenty-five percent of a manufacturer's obligationin a calendar year. A manufacturer that fails to accept its requiredweight of electronic waste, in the absence of a waiver from DEC,would be subject to a recycling surcharge based on the percent ofelectronic waste it collected.

ECL § 27-2605 would establish registration requirements formanufacturers of covered electronic equipment sold in the State, andrequire each manufacturer of covered electronic equipment to registerwith the DEC by January 1, 2011, pay a $5,000 registration fee; andrequire any person who becomes a manufacturer after January 1, 2011to register with DEC before selling or offering for sale coveredelectronic equipment in the State. This section would also prescribemanufacturer responsibilities under Title 26. In summary, thissection would prohibit a manufacturer from selling or offering forsale in the State covered electronic equipment unless themanufacturer:

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Maintains an electronic waste acceptance program through which themanufacturer, either directly or through an agent or designee,accepts e-waste from consumers in the State for recycling or reuse.
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Accepts electronic waste from consumers in the State throughmethods that are available and reasonably convenient to suchconsumers.
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Accepts electronic waste free of charge from consumers.Manufacturers would be allowed to charge businesses with 50 or more employees, and not-for-profit corporations with 75 or more employeesexcept such corporations designated under § 501(c)(3) of the InternalRevenue Code.
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Accepts, manages and recycles electronic waste in a manner thatcomplies with all applicable laws, rules and regulations.
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Maintains a public education program to inform consumers in theState about the manufacturer's electronic waste acceptance program,which must include a toll-free telephone number and internet website,to provide written information in the product manual on how to returnthe manufacturer's covered electronic equipment for reuse orrecycling and, for appropriate manufacturers, to provide instructionsto consumers to on how to destroy personal or confidentialinformation contained in any computer, hard. drive or other coveredelectronic equipment with internal memory, and to make suchinformation available for dissemination by retailers of themanufacturer's products at the time of purchase.

Manufacturers would be permitted to work collectively to satisfy therequirements of this section, subject to the same requirements forindividual manufacturers.

ECL § 27-2607, as of January 1, 2011, would: (1) require retailers tomake available information provided by manufacturers on themanufacturers' electronic waste acceptance programs; and (2) prohibita retailer in the State from selling or offering for sale any coveredelectronic equipment in the State unless such manufacturer and themanufacturer's brands are registered with DEC.

ECL § 27-2609 would require that each piece of covered equipmentbearing the manufacturer's brand have an affixed label identifyingthe manufacturer.

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ECL § 27-2611 would establish prohibitions on the disposal ofelectronic waste in the State. Beginning April 1, 2011, amanufacturer, retailer, owner or operator of an electronic wastecollection site, electronic waste consolidation facility orelectronic waste recycling facility would be prohibited fromdisposing electronic waste at a solid or hazardous waste managementfacility in the State. Beginning January 1, 2012, any person exceptan individual or household would be prohibited from disposing ofelectronic waste at a solid or hazardous waste management facility inthe State and waste haulers would be required to provide educationalinformation on the proper disposal of electronic waste. BeginningJanuary 1, 2015, individuals and households would be prohibited fromdisposing electronic waste at a solid or hazardous waste managementfacility. Finally, beginning January 1, 2012, an owner or operator ofa solid or hazardous waste management facility in the state would berequired to educate users of the facility of the proper methodsof recycling of electronic waste and to conspicuously post signs atsuch facility stating that electronic waste may not be disposedthere.

ECL §27-2613 would establish minimum standards for electronic wastecollection sites, electronic waste consolidation facilities and elec-tronic waste recycling facilities located in the State.

ECL § 27-2615 would: (1) authorize DEC to promulgate rules and regu-lations necessary for implementation of this title and require DEC topromulgate regulations on reuse, electronic waste acceptance credits,recycling surcharge waivers, and acceptable methods for the determi-nation of sales data; (2) require DEC to maintain and post on itswebsite a list of all registered manufacturers and a list of eachmanufacturer's brands; and (3) authorize DEC to waive the recyclingsurcharges payable under ECL § 27-2603 based on a manufacturersapplication.

ECL § 27-2617 would require manufacturers to submit an annual reportbeginning March 1, 2012, which would include information for DEC toassess compliance with Title 26. This section would also requiremanufacturers to pay a $3,000 annual reporting fee. DEC would berequired, on or before April 1, 2012 and biennially thereafter, toreport to the Governor, Temporary President of the Senate and theSpeaker of the Assembly on the implementation of Title 26. Suchreport would include (i) an evaluation of the electronic waste streamin the state and the availability of electronic waste for recyclingand reuse, (ii) an evaluation of the electronic waste acceptance,collection, recycling and reuse conducted pursuant to Title 26, (iii)an evaluation of compliance and enforcement of Title 26, (iv)recommendations for amendments to Title 26, and (v) a discussion ofopportunities for business development in the state related toelectronic waste acceptance, collection, recycling and reuse.

ECL § 27-2619 would establish the preemptive effect of the new law.Specifically, this section would provide that jurisdiction in allmatters pertaining to electronic waste recycling and reuse, including

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The obligations of manufacturers, retailers, electronic wastecollection sites, electronic waste consolidation facilities, andelectronic waste recycling facilities, is vested exclusively in theState, and any provision of any local law, ordinance or regulationgoverning such matters shall be preempted upon the effective date ofthe Act.

ECL § 27-2621 would require fees and charges paid pursuant to underTitle 26 be deposited in the EPF.

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