NY Env Conserv L § 27-2603 (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 27-2603 - Manufacturer Collection; Recycling Surcharge.

§ 27-2603. Manufacturer collection; recycling surcharge.   1.  (a)  Beginning April first, two thousand eleven, a manufacturer of covered electronic equipment must accept for  collection,  handling  and recycling  or  reuse  electronic waste for which it is the manufacturer. Such waste shall count toward the amount of electronic waste required to be accepted pursuant to subdivision four of this section.  (b) Beginning April first, two  thousand  eleven,  a  manufacturer  of covered  electronic  equipment  must accept for collection, handling and recycling or reuse one piece of electronic waste of  any  manufacturer's brand  if  offered by a consumer with the purchase of covered electronic equipment of the same type by a consumer. Such waste shall count  toward the  amount  of the electronic waste required to be accepted pursuant to subdivision four of this section.   2. Beginning April first, two thousand eleven, each manufacturer  must accept   for   collection,   handling   and   recycling   or  reuse  the manufacturer's acceptance standard as specified in subdivision  four  of this section.   3.  Statewide  recycling  or reuse goal. (a) For the period from April first, two thousand eleven through December thirty-first,  two  thousand eleven, the statewide recycling or reuse goal for electronic waste shall be  the  product  of  the  latest  population estimate for the state, as published  by  the  U.S.  Census  bureau  multiplied  by  three   pounds multiplied by three-quarters.  (b)  For calendar year two thousand twelve, the statewide recycling or reuse goal for all electronic waste shall be the product of  the  latest population  estimate  for  the  state,  as  published by the U.S. Census bureau multiplied by four pounds.  (c) For calendar year two thousand thirteen, the  statewide  recycling or  reuse  goal  for  all  electronic  waste shall be the product of the latest population estimate for the  state,  as  published  by  the  U.S. Census bureau multiplied by five pounds.  (d)  For  calendar year two thousand fourteen and annually thereafter, the statewide recycling or reuse goal for all electronic  waste  is  the product of the base weight multiplied by the goal attainment percentage. For  the purposes of this paragraph, "base weight" means the greater of: (i) the average weight of all electronic waste collected  for  recycling or  reuse  during  the  previous three calendar years as reported to the department pursuant to paragraph  (b)  of  subdivision  one  of  section 27-2617  of this title; or (ii) the three year average of the sum of all electronic waste collected for recycling or reuse  during  the  previous three  calendar  years  based  on information reported to the department pursuant  to  paragraph  (b)  of  subdivision  one,  paragraph  (b)   of subdivision  two  and  paragraph  (b)  of  subdivision  three of section 27-2613 of this title.  (e) The "goal attainment percentage" means:  (i) ninety percent if the base weight is less than ninety  percent  of the statewide recycling or reuse goal for the previous calendar year;  (ii)  ninety-five  percent  if  the  base  weight is ninety percent or greater, but does  not  exceed  ninety-five  percent  of  the  statewide recycling or reuse goal for the previous calendar year;  (iii) one hundred percent if the base weight is ninety-five percent or greater,  but  does not exceed one hundred five percent of the statewide recycling or reuse goal for the previous calendar year;  (iv) one hundred five percent if the base weight is one  hundred  five percent  or  greater, but does not exceed one hundred ten percent of the statewide recycling or reuse goal for the previous calendar year; and  (v) one hundred ten percent if the base  weight  is  one  hundred  ten percent  or  greater  of  the  statewide recycling or reuse goal for the previous calendar year.   4.  Manufacturer  acceptance standard. (a) For the period April first, two thousand eleven through December thirty-first, two  thousand  eleven and  annually thereafter, each manufacturer's acceptance standard is the product of the statewide recycling or reuse goal  under  paragraph  (a), (b),  (c)  or  (d) of subdivision three of this section, as appropriate, multiplied by that manufacturer's market share pursuant to paragraph (b) of this subdivision.  (b) Each manufacturer's market share  of  electronic  waste  shall  be determined  by  the  department  based  on the manufacturer's percentage share of the total  weight  of  covered  electronic  equipment  sold  as determined by the best available information, including, but not limited to,  state  sales  data  reported  by weight. Beginning April first, two thousand eleven, and every  calendar  year  thereafter,  the  department shall provide each manufacturer with a determination of its market share of  electronic  waste which shall be the quotient of the total weight of the manufacturer's covered electronic equipment sold to persons in  this state  based  on  the  average  annual retail sales during the preceding three calendar years, as reported under sections 27-2605 and 27-2617  of this  title  divided  by  the  total weight of all manufacturers covered electronic equipment sold to persons in this state based on the  average annual  retail  sales  during  the  preceding  three  calendar years, as reported under sections 27-2605 and 27-2617 of this title.   5.  In  the  absence  of  a  waiver  by  the  department  pursuant  to subdivision  three  of  section  27-2615  of  this  title,  beginning in calendar year two thousand thirteen, a manufacturer that fails  to  meet its manufacturer's acceptance standard for the previous calendar year as required  by  subdivision  four  of  this  section shall be subject to a recycling surcharge, determined as follows:  (a) If a manufacturer accepts at least ninety percent  but  less  than one  hundred  percent  of  its  manufacturer's  acceptance  standard  as required by subdivision four of this section,  the  surcharge  shall  be thirty cents multiplied by the number of additional pounds of electronic waste that should have been accepted by such manufacturer.  (b)  If  a  manufacturer  accepts at least fifty percent but less than ninety percent of its manufacturer's acceptance standard as required  by subdivision  four  of  this  section, the surcharge shall be forty cents multiplied by the number of additional pounds of electronic  waste  that should have been accepted by such manufacturer.  (c)  If  a  manufacturer  accepts  less  than  fifty  percent  of  its manufacturer's acceptance standard as required by  subdivision  four  of this  section,  the  surcharge  shall  be  fifty cents multiplied by the number of additional pounds of electronic waste that  should  have  been accepted by such manufacturer.   6.  The  recycling  surcharge shall be paid to the department with the annual report required pursuant to section 27-2617 of this title.   7.  Beginning  with  calendar  year  two  thousand  fourteen,   if   a manufacturer accepts more than its manufacturer's acceptance standard as required  by  subdivision four of this section, the excess weight may be used as electronic waste acceptance credits and may be sold, traded,  or banked  for  a period no longer than three calendar years succeeding the year in which the credits were earned; provided, however, that  no  more than twenty-five percent of a manufacturer's obligation for any calendar year  may  be  met  with recycling credits generated in a prior calendar year.