NY Env Conserv L § 27-0719 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 7 - Solid Waste Management and Resource Recovery Facilities 27-0719 - Battery Management and Disposal.

§ 27-0719. Battery management and disposal.   1. Legislative intent. It is the intent of the legislature to minimize the  risk  to  the  environment posed by batteries, both in consumer and non-consumer uses, whether rechargeable or nonrechargeable. Such risk is to be addressed through  the  elimination  of  mercury  in  zinc  carbon batteries,  the minimization of mercury in alkaline manganese batteries, the redesign of certain products containing rechargeable batteries,  and through  the  development  of an action plan to establish a schedule for collection systems capable of providing for the recycling or disposal of all mercuric oxide batteries, silver  oxide  batteries,  nickel  cadmium batteries,  small  lead acid batteries, and other types of batteries the commissioner may identify.   2. Definitions. For  the  purposes  of  this  section,  the  following definitions shall apply:  (a)  A  "battery" means a device consisting of one or more cells, each cell consisting of a positive electrode, a  negative  electrode  and  an electrolyte, which is used to provide stored electrical power.  (b)  An  "alkaline  manganese battery" means a battery consisting of a manganese dioxide positive electrode, a zinc negative electrode  and  an alkaline electrolyte.  (c)  A  "mercuric  oxide  battery"  means  a  battery  consisting of a mercuric oxide positive electrode and a zinc negative electrode.  (d) A "nickel cadmium battery" means a battery consisting of a  nickel positive electrode and a cadmium negative electrode.  (e) A "small lead-acid battery" means a battery consisting of positive and  negative  electrode materials which are leads or compounds thereof, used in nonvehicular applications and  weighing  less  than  twenty-five pounds.  (f)  A "zinc carbon battery" means a battery consisting of a manganese dioxide  positive  electrode,  a  zinc   negative   electrode,   and   a non-alkaline electrolyte.  (g)  A  "silver  oxide battery" means a battery consisting of a silver oxide positive electrode, and a zinc negative electrode.  (h) A "battery pack"  means  one  or  more  batteries  enclosed  in  a housing.  (i)  A  "distributor"  means  a  seller  of  batteries or devices that contain batteries at the time of sale.  (j) "Easily removed" means a battery or battery pack which  is  either detachable  or readily removable by the consumer from a consumer product without cutting or desoldering any wires.   3. Mercury reduction and elimination. (a) No person may knowingly sell or offer for sale in  New  York  state  an  alkaline  manganese  battery manufactured  on  or  after  January first, nineteen hundred ninety-two, which contains more than 0.025 percent mercury by weight of the battery; provided, however, that for alkaline manganese  batteries  having  sizes and  shapes  resembling  buttons  or  coins,  the  limitation on mercury content shall be twenty-five milligrams of mercury per battery.  (b) No person may knowingly sell or offer for sale in New York state a zinc carbon battery manufactured on or  after  January  first,  nineteen hundred ninety-three that contains a mercury concentration level of more than one part per million (0.0001%) by weight.   4.  Rechargeable  batteries.  (a) No distributor may sell or offer for sale any product which contains a  nickel  cadmium  or  small  lead-acid battery  or battery pack manufactured after July first, nineteen hundred ninety-three unless:  (1) In the case of  consumer  products,  the  battery  can  be  easily removed  by  the  consumer,  or  is  contained in a battery pack that is separate from the product and can be easily removed from the product.  (2) In the case of nonconsumer products, the battery can be removed or is contained in a battery pack that is separate from the product.  (3)  In  all  cases,  the battery is clearly marked as to its type, so that consumers, collectors and recyclers may  easily  identify  chemical content.  (b) The commissioner shall authorize the sale of a consumer product or a  nonconsumer  product which does not comply with paragraph (a) of this subdivision, if the commissioner determines that:  (1) The product was available for sale on or before the effective date of this section, and the product cannot  reasonably  be  redesigned  and manufactured   prior  to  July  first,  nineteen  hundred  ninety-three; provided, however, that such authorizations shall not apply to  products manufactured on or after July first, nineteen hundred ninety-five; or  (2)  Design  of  the  product  to  comply  with  paragraph (a) of this subdivision would result in significant  danger  to  public  health  and safety.   5.  Technology  assessment,  collection  and  recycling.  On or before January first,  nineteen  hundred  ninety-three,  the  commissioner,  in consultation  with  the commissioner of economic development and battery manufacturers,  battery  recyclers  and  others,  shall  report  to  the governor  and  the  legislature  on  an  action  plan  which reviews the technological feasibility of requiring the elimination of  mercury  from alkaline  manganese batteries, and establishes a schedule for collection systems capable of providing  for  the  recycling  or  disposal  of  all mercuric   oxide  batteries,  silver  oxide  batteries,  nickel  cadmium batteries, small lead acid batteries, and such other type  of  batteries as  the commissioner may identify. Such plan and schedule shall identify the appropriate role of  battery  manufacturers,  retailers,  consumers, recyclers  and  others  in  the implementation of collection systems and provide an evaluation of the feasibility of a returnable battery deposit system in New York state;  provided,  however,  that  nothing  contained herein  shall  be  deemed  to  authorize the commissioner to impose such system or systems.