2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 18 - Rechargeable Battery Recycling › 27-1807 - Rechargeable Battery Recycling Program.

§ 27-1807. Rechargeable battery recycling program.
1.  Rechargeable  batteries shall be returned to a retailer that sells
  such batteries that are similar in shape, size and function to those  to
  be  disposed of. Rechargeable batteries contained in electronic products
  must be removed prior to disposal of such product.
a. Retailers having a place of business in the state shall accept from
  consumers  at  any  time  during  normal  business  hours   rechargeable
  batteries  of  a similar size and shape as the retailer offers for sale.
  Retailers shall take up to ten such batteries per day  from  any  person
  regardless  of  whether such person purchases replacement batteries, and
  retailers shall also  accept  as  many  such  batteries  as  a  consumer
  purchases  from  the  retailer.  Retailers  shall conspicuously post and
  maintain, at or near the point of entry to  the  place  of  business,  a
  legible  sign,  not less than eight and one-half inches by eleven inches
  in size, stating that used rechargeable batteries of the size and  shape
  sold  or  offered for sale by the retailer may not enter the solid waste
  stream, and that the retail  establishment  is  a  collection  site  for
  recycling such batteries. Such sign shall state the following in letters
  at  least  one inch in height: "It is illegal to dispose of rechargeable
  batteries in the state of New  York  as  solid  waste.  We  accept  used
  rechargeable batteries for return to the manufacturer."
b.  Retailers  that  sell  rechargeable  batteries to consumers in the
  state through non-retail outlets such as through catalogs, or  by  mail,
  telephone  or  the  internet  shall  provide  at the time of purchase or
  delivery to the  consumer  notice  of  an  opportunity  to  return  used
  rechargeable  batteries  at  no  cost  to  the  consumer  for  reuse  or
  recycling.
c. Retailers in the state shall conspicuously maintain, at a  location
  within the retail establishment that is convenient for use by consumers,
  collection   boxes  or  other  suitable  receptacles,  supplied  by  the
  manufacturer, into which consumers may safely deposit used  rechargeable
  batteries.
d.  Retailers  must  be  in  compliance  with  the  provisions of this
  subdivision no later than one hundred eighty days  after  the  effective
  date of this title.
2.   Every   battery  manufacturer,  or  any  combination  of  battery
  manufacturers working together, shall, at the battery manufacturer's own
  expense,  arrange  for  the  return  of,  and  recycling  of,  all  used
  rechargeable   batteries   collected   by   retailers.   Every   battery
  manufacturer  or  any  combination  of  battery  manufacturers   working
  together, shall be responsible for, at a minimum, the following:
a. Within ninety days of the effective date of this title, submittance
  to  the  commissioner  of  a  plan  that identifies the methods by which
  battery  manufacturers  will  safely  collect,  transport,  and  recycle
  rechargeable  batteries  collected  by  retailers  at the expense of the
  battery manufacturer and provide retailers with information on the  safe
  handling and storage of rechargeable batteries.
b.  Submittance  to  the  department  of  annual  reports,  on  a form
  prescribed by the department,  concerning  the  amount  of  rechargeable
  batteries  received within the state and recycled either by number or by
  weight; the costs of such efforts; and any other relevant information as
  required by the department.
c. Undertaking of  efforts  to  educate  the  citizens  of  the  state
  regarding the appropriate ways to recycle rechargeable batteries.
3. The commissioner shall approve or reject any battery manufacturer's
  collection, transportation, and recycling plans described in paragraph a
  of subdivision two of this section within ninety days of submission and,
  if  rejected,  inform  the  battery  manufacturer  in  writing as to any

  deficiencies  in  said  plan.  Battery  manufacturers  shall  amend  and
  resubmit  any  rejected  plans  for reconsideration within sixty days of
  notification of the rejection  of  said  plan.  The  commissioner  shall
  approve or reject said plan within thirty days of resubmission.
4.  The commissioner shall analyze the information provided by battery
  manufacturers pursuant to paragraph b of subdivision two of this section
  and report such analysis to the governor and the legislature  every  two
  years.
5.  The  commissioner  is  authorized  to  promulgate  any  rules  and
  regulations needed to implement this title.