NY Env Conserv L § 27-2605 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 26 - Electronic Equipment Recycling and Reuse 27-2605 - Manufacturer Electronic Waste Registration and Responsibilities.

§ 27-2605. Manufacturer     electronic     waste     registration    and              responsibilities.   1. A manufacturer shall submit a registration on a form prescribed  by the  department to the department by January first, two thousand eleven, along with a registration fee of five thousand dollars.  The  department may  require  such  form  to  be filed electronically. Such registration shall include:  (a) the manufacturer's name, address, and telephone number;  (b) the name and title of an officer, director,  or  other  individual designated as the manufacturer's contact for purposes of this title;  (c) a list identifying the manufacturer's brands;  (d) a general description of the manner in which the manufacturer will comply   with   section   27-2603  of  this  title,  including  specific information on the manufacturer's electronic waste acceptance program in the state, and a current  list  of  locations  within  the  state  where consumers may return electronic waste;  (e)  sales  data  reported  by  weight  for the manufacturer's covered electronic equipment sold in this state for the previous three  calendar years,  categorized  by  type  to  the extent known. If the manufacturer cannot provide accurate state sales data, it must explain why such  data cannot  be  provided,  and estimate state sales data by (i) dividing its national sales data by weight by the national  population  according  to the  most  recent census and multiplying the result by the population of the state, or (ii) another method approved by the department;  (f) a statement disclosing whether: (i) any covered electronic  device sold  in this state exceeds the maximum concentration values established for  lead,  mercury,  cadmium,   hexavalent   chromium,   polybrominated biphenyls  (PBBs),  and polybrominated diphenyl ethers (PBDEs) under the restriction  of  hazardous  substances  directive  (RoHS)  pursuant   to 2002/95/EC  of  the  European  Parliament and Council and any amendments thereto and if so, a listing of any covered electronic equipment that is not in compliance with such directive;  or  (ii)  the  manufacturer  has received  an  exemption  from one or more of those maximum concentration values under the RoHS directive that has been approved and published  by the European Commission; and  (g) any other information as the department may require.   2.  A  manufacturer's registration is effective upon acceptance by the department and must be updated within thirty days of any material change to the information required by subdivision one of this section.   3. Any person who becomes a manufacturer on or  after  January  first, two  thousand eleven shall register with the department prior to selling or offering for sale in the state any covered electronic equipment,  and must comply with the requirements of this title.   4.  No  later  than  April  first, two thousand eleven, a manufacturer shall not sell or offer for  sale  electronic  equipment  in  the  state unless the manufacturer has registered with the department and maintains an  electronic  waste acceptance program through which the manufacturer, either directly or through an  agent  or  designee,  accepts  electronic waste  from consumers in the state for recycling. The manufacturer shall ensure that retailers are notified of such registration.   5. The  electronic  waste  acceptance  program  shall  include,  at  a minimum:  (a)  collection,  handling  and recycling or reuse of electronic waste pursuant to section 27-2603 of this title  in  a  manner  convenient  to consumers.   The   following  acceptance  methods  shall  be  considered reasonably convenient: (i) mail  or  ship  back  return  programs;  (ii) collection  or  acceptance  events  conducted by the manufacturer or the manufacturer's agent or designee,  including  events  conducted  through  local  governments  or private parties; (iii) fixed acceptance locations such as dedicated acceptance sites operated by the manufacturer  or  its agent  or  designee;  (iv)  agreements  with  local  governments, retail stores, sales outlets and not-for-profit organizations which have agreed to  provide  facilities  for  the  collection  of  electronic waste; (v) community collection events; and (vi) any combination of these or  other acceptance  methods  which  effectively  provide  for  the acceptance of electronic waste for recycling or reuse through means that are available and reasonably convenient to consumers in the state. At a  minimum,  the manufacturer  shall  ensure  that  all  counties  of  the state, and all municipalities which have a population of ten thousand or greater,  have at  least  one method of acceptance that is available within such county or municipality. The department may establish additional requirements to ensure convenient collection from consumers;  (b)  information  on  how  consumers  can  destroy  all  data  on  any electronic  waste, either through physical destruction of the hard drive or through data wiping;  (c)  a  public  education  program  to  inform  consumers  about   the manufacturer's  electronic  waste  acceptance  program,  including  at a minimum: (i) an internet website and a toll-free  telephone  number  and written  information  included in the product manual for, or at the time of sale  of,  covered  electronic  equipment  that  provides  sufficient information to allow a consumer of covered electronic equipment to learn how  to  return the covered equipment for recycling or reuse, and in the case of manufacturers  of  computers,  hard  drives  and  other  covered electronic  equipment  that  have  internal  memory on which personal or other confidential data  can  be  stored,  such  website  shall  provide instructions for how consumers can destroy such data before surrendering the  products  for  recycling  or  reuse;  (ii) advertisements and press releases if any; and  (d) any other information as required by the department in  accordance with regulations promulgated pursuant to this article.   6. A manufacturer shall maintain records demonstrating compliance with this  title  and  make  them  available  for audit and inspection by the department for a period of three years.   7.  A  manufacturer  may  satisfy  the  electronic  waste   collection requirements  of this section by agreeing to participate in a collective electronic waste acceptance program with other manufacturers.  Any  such collective  electronic  waste  acceptance  program  must  meet  the same requirements as an individual manufacturer.  Any  collective  electronic waste  acceptance  program must include a list of manufacturers that are participating in such program along with other  identifying  information as  may  be  required  by  the  department.  Such program shall submit a registration to the department along with  a  registration  fee  of  ten thousand dollars.   8.  A  manufacturer shall be responsible for all costs associated with the implementation of  the  electronic  waste  acceptance  program.  The manufacturer shall not charge consumers for the collection, handling and recycling  and reuse of electronic waste, provided that such prohibition shall not apply to a charge on business  consumers  or  to  charges  for premium  services.  This prohibition shall not apply to a manufacturer's contract with a consumer for  the  collection,  handling,  recycling  or reuse  of  electronic waste that was entered into prior to the effective date of this  section.  For  purposes  of  this  subdivision,  "business consumer"  means  a  for-profit entity which has fifty or more full time employees or a not-for-profit corporation with seventy-five or more full time employees, but not a not-for-profit  corporation  designated  under section  501(c)(3)  of  the  internal revenue code. For purposes of this  subdivision,  "premium  services"  means  equipment  and  data  security services,  refurbishment  for  reuse  by  the consumer, and other custom services as may be determined by the department.