New York State Passes Electronics Recycling Law

New York State has passed legislation that addresses the recycling of obsolete electronics. The legislation, signed into law by New York Gov. David Patterson in late May, stipulates that all manufacturers selling electronic equipment in the state must provide a free, convenient collection service for electronic devices by April 1, 2011. The law also makes it illegal for individuals to dispose of electronic scrap in landfills by Jan. 1, 2015.

Under the law, each manufacturer will be required to recycle or re-use its market share of collected electronic scrap by weight, based on its three-year average of annual sales in the state. Manufacturers also will be required to submit annual reports to the state’s Department of Environmental Conservation (DEC) documenting the steps they have taken to meet their collection and recycling goals/

By Jan. 1, 2011, any electronic scrap recycling or collection facility in the state must register with the DEC 30 days before accepting obsolete electronics. By March 1, 2012, electronics recyclers have to submit to the New York State DEC an annual report, including information such as the quantity, by weight, of electronic scrap received from consumers in the state; the name and address of each person to whom the collector sent electronic scrap during the reporting period, along with the quantity, by weight, of electronic scrap that was sent to each such person; and the weight of electronic scrap collected on behalf of or pursuant to an agreement with each manufacturer during the reporting period.

All quantities of electronic scrap reported by the collection site must separately include material generated by New York state consumers and electronics received from or shipped outside the state; manage electronic scrap in a manner that complies with all applicable laws, rules and regulations; store electronic scrap in a fully enclosed building with a roof, floor and walls or in a secure container that is constructed and maintained to minimize breakage of the devices and to prevent releases of hazardous materials to the environment; remove electronic scrap from the site within one year of the material’s receipt at the site; and maintain records demonstrating compliance with this requirement.

The passage of the New York State electronics recycling law has caused a federal court judge to dismiss the lawsuit filed by the Consumer Electronics Association and the Information Technology Industry Council regarding the New York City electronics recycling law, which was passed in May of 2008 and scheduled to be implemented in July of 2009. The state law pre-empts the city’s law, making the lawsuit unnecessary.

More information about the law is available at www.dec.ny.gov/docs/materials_minerals_pdf/ewastelaw2.pdf