New York S 2178: Establishes a product stewardship program for primary batteries

Bill Text

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S02178 Summary:

BILL NOS02178 

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SAME ASSAME AS A01324

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add Art 27 Title 16 §§27-1601 - 27-1617, En Con L

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Relates to establishing a product stewardship program for primary batteries.

Go to top S02178 Actions:

BILL NOS02178 

&nbsp

01/15/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS02178 Committee&nbspVotes:

Go to topS02178 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02178 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2178

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to
 establishing a product stewardship program for primary batteries

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 27 of the environmental conservation law is amended
 2 by adding a new title 16 to read as follows:
 3 TITLE 16
 4 PRODUCT STEWARDSHIP
 5 FOR PRIMARY BATTERIES
 6 Section 27-1601. Definitions.
 7 27-1603. Primary battery registration.
 8 27-1605. Primary battery stewardship plan.
 9 27-1607. Annual report; plan audit.
 10 27-1609. Agency responsibilities.
 11 27-1611. Retailer obligations.
 12 27-1613. Administrative fee.
 13 27-1615. Penalties.
 14 27-1617. Rulemaking; procedure.
 15 § 27-1601. Definitions.
 16 When used in this title:
 17 1. "Department" means the department of environmental conservation.
 18 2. "Brand" means a name, symbol, word, or traceable mark that identi-
 19 fies a primary battery and attributes the primary battery to the owner
 20 or licensee of the brand as the producer.
 21 3. "Collection rate" means a percentage by weight that each producer
 22 or producers collects by an established date. The collection rate shall
 23 be calculated by weight based on the percentage of primary batteries
 24 that are collected during a calendar year, as compared to the average
 25 weight of primary batteries that were estimated to have been sold in the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03848-01-5

 S. 2178 2

 1 state by participating producers during the three previous calendar
 2 years. Estimates of primary batteries sold in the state may be based on
 3 a reasonable pro rata calculation based on national sales.
 4 4. "Consumer" means any person who returns any number of unwanted
 5 primary batteries.
 6 5. "Discarded primary battery" means a primary battery that is no
 7 longer used for its manufactured purpose, wanted by its owner, or for
 8 any other reason enters the waste collection, recovery, treatment or
 9 recycling system.
 10 6. "Easily removable" means readily detachable by a person without the
 11 use of tools or with the use of common household tools.
 12 7. "Primary battery" means a nonrechargeable battery weighing two
 13 kilograms or less, including alkaline, carbon-zinc, lithium metal and
 14 button/coin batteries. Primary battery shall not mean:
 15 (A) Batteries intended for industrial, business to business, warranty
 16 or maintenance services, or nonpersonal use;
 17 (B) A battery that is not easily removable or is not intended to be
 18 removed from a consumer product; and
 19 (C) A battery that is sold or used in a medical device regulated by
 20 the United States Food and Drug Administration.
 21 8. "Primary battery stewardship plan" or "plan" means a plan submitted
 22 to the commissioner pursuant to section 27-1605 of this title by an
 23 individual producer or by two or more producers acting collectively.
 24 9. "Producer" means one of the following with regard to a primary
 25 battery that is sold, offered for sale, or distributed in the state:
 26 a. a person who manufactures a primary battery and who sells, offers
 27 for sale, or distributes that primary battery in the state under the
 28 person's own name or brand;
 29 b. if subparagraph a of this paragraph does not apply, a person who
 30 owns or licenses a trad