Expands the types of batteries included in the rechargeable battery recycling program

S T A T E O F N E W Y O R K ________________________________________________________________________ 8139 2023-2024 Regular Sessions I N A S S E M B L Y October 13, 2023 ___________ Introduced by M. of A. EACHUS -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to recy- cling certain rechargeable batteries THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 27-1803 of the environmental conservation law, as added by chapter 562 of the laws of 2010, is amended to read as follows: 4. "rechargeable battery" means any rechargeable nickel-cadmium, sealed lead, lithium ion, nickel metal hydride battery, or any other such dry cell battery capable of being recharged [weighing less than twenty-five pounds], or battery packs containing such batteries[; but shall not include a battery used as the principal electric power source for a vehicle, such as, but not limited to, an automobile, boat, truck, tractor, golf cart or wheelchair; for storage of electricity generated by an alternative power source, such as solar or wind-driven generators; or for memory backup that is an integral component of an electronic device]; § 2. Section 27-1807 of the environmental conservation law is amended by adding a new subdivision 1-a to read as follows: 1-A. A. ANY CONSUMER PURCHASING A NEW RECHARGEABLE NICKEL-CADMIUM, SEALED LEAD, LITHIUM ION, NICKEL METAL HYDRIDE BATTERY, OR ANY OTHER SUCH DRY CELL BATTERY CAPABLE OF BEING RECHARGED WHO DOES NOT RETURN A USED RECHARGEABLE BATTERY TO THE RETAILER AT THE TIME OF SUCH PURCHASE SHALL PAY SUCH RETAILER A RETURN INCENTIVE PAYMENT OF FIVE DOLLARS PER RECHARGEABLE BATTERY SOLD. B. A RETAILER SHALL REFUND TO A CONSUMER THE FIVE DOLLAR RETURN INCEN- TIVE PAYMENT COLLECTED PURSUANT TO THIS SUBDIVISION IF, WITHIN THIRTY DAYS OF THE DATE OF THE PURCHASE OF A NEW RECHARGEABLE BATTERY, THE CONSUMER RETURNS TO SUCH RETAILER A USED RECHARGEABLE BATTERY OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13269-01-3 A. 8139 2 SAME TYPE AS THE NEWLY PURCHASED RECHARGEABLE BATTERY. ANY RETURN INCEN- TIVE PAYMENT NOT REFUNDED TO THE CONSUMER PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY THE RETAILER. C. IN COLLECTING A RETURN INCENTIVE PAYMENT PURSUANT TO THIS SUBDIVI- SION, THE RETAILER SHALL INFORM THE CONSUMER OF THE RETAILER'S OBLI- GATION TO REFUND SUCH RETURN INCENTIVE PAYMENT TO SUCH CONSUMER SHOULD THE CONSUMER RETURN A USED RECHARGEABLE BATTERY WITHIN THIRTY DAYS. § 3. This act shall take effect immediately.