Int. No. 643
By The Speaker (Council Member Miller) and Council Members DeBlasio and McMahon
A Local Law to amend the administrative code of the city of New York, in relation to the recycling, reuse and safe handling of electronic equipment sold in the city of New York.
Be it enacted by the Council
as follows:
Section 1. Declaration of legislative findings and intent. The Council finds that electronic waste represents one of the fastest growing and most hazardous components of the city of New York’s waste stream. It is estimated that, based upon national data, less than 10% of the city’s electronic waste is currently being recycled. According to the United States Environmental Protection Agency (“U.S. EPA”), more than 2.2 million tons of computers, televisions (TV’s) and other electronic waste were discarded in the United States during 2001. The U.S.EPA also estimates that there are hundreds of millions of pieces of electronic waste being stockpiled in homes and businesses, and that by 2006 more than 56 million computers will become obsolete each year
Electronic waste contains many toxic substances, including lead, mercury, chromium, cadmium, polyvinyl chloride and beryllium. An average TV with a traditional cathode ray tube contains as much as five to seven pounds of lead, and an average computer terminal contains four pounds of lead as well as smaller amounts of mercury and cadmium. The improper disposal of this waste therefore poses a threat to human health and the environment. Indeed, according to the U.S. EPA, as much as 70% of heavy metals contained in landfills, including lead, mercury and cadmium, originates from electronic waste. The incineration of electronic waste can lead to increased mercury, lead and other toxic airborne emissions.
There are direct environmental and public health consequences for New York City residents and workers from the improper handling and disposal of electronic waste. As one example, televisions or computer terminals that are broken can expose Sanitation workers or private garbage vendors to toxic lead dust. Additionally, the regional incineration of electronic waste poses a direct threat to the city’s air quality and the health of its residents.
The Council finds that there is currently no comprehensive system for managing the growing problem of electronic waste in the city of New York. The Council further finds that the establishment of a system to provide for the collection, handling and recycling or reuse of electronic equipment in this city is consistent with its duty to protect the health, safety and welfare of its citizens; enhance and maintain the quality of the environment; conserve natural resources; and prevent air, water and land pollution. The Council further finds that such a system is consistent with the overall state solid waste management policy, including its intent to pursue and implement an integrated approach to solid waste management and to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management.
The Council finds that the purpose of this chapter is to establish a comprehensive electronics recycling system that ensures the safe and environmentally sound collection, handling, recycling, reuse and disposal of electronic equipment and encourages the design of electronic products and components that are less toxic and more recyclable. The Council further finds that it is the purpose of this chapter to establish an electronics recycling and reuse system that is convenient and minimizes costs to consumers of electronic equipment and to the city. The Council further finds that, by encouraging convenient collection and improves environmental product design, this chapter would best reduce the environmental and health costs associated with electronic equipment that is discarded along with ordinary waste.
The Council further finds that the manufacturers of electronic equipment should reduce and, to the maximum extent feasible, ultimately phase out the use of hazardous materials in such products sold in the city of New York. The Council further finds that responsibility for the collection, handling and recycling or reuse of covered electronic equipment belongs to manufacturers. Currently, manufacturers of electronic equipment bear none of the financial burden or responsibility for safely managing discarded electronic equipment at the end of its useful life, burdening local governments and end users with these costs and responsibilities. Manufacturers of electronic equipment, in working to achieve the goals and objectives of this chapter, should have the flexibility to act in partnership with each other, with the city and with businesses that provide collection and handling services to develop, implement and promote a safe and effective electronics recycling system in the city.
§ 2. Chapter 3 of title 16 of the administrative code of the city of New York is hereby amended by adding new subchapter 7 to read as follows:
SUBCHAPTER 7
ELECTRONIC EQUIPMENT RECYCLING AND
REUSE
§16-340. This local law
shall be known as the Electronic Equipment Recycling and Reuse Act of 2005.
§16-341.
Definitions.
a. For the
purposes of this section, the following terms shall have the following
meanings:
1. “Cathode ray
tube” means a vacuum tube or picture tube used to convert an electronic signal
into a visual image.
2. “City,” unless
otherwise noted, means the city of New York.
3. “Consumer”
means a person who owns covered electronic equipment; including but not limited
to an individual, a business, corporation, limited partnership, nonprofit
organization, or governmental entity, but does not include an entity involved
in a wholesale transaction between a distributor and retailer.
4. “Covered
electronic equipment” means any computer central processing unit, cathode ray
tube; cathode ray tube device; keyboard; electronic mouse or similar pointing
device; television; computer monitor, including but not limited to liquid
crystal displays (LCD) and plasma screens, or similar video display device with
a screen that is greater than four inches measured diagonally and contains one
or more circuit boards; a laptop computer; or a portable digital music player
that has memory and is battery-powered.
"Covered electronic equipment” does not include any automobile;
mobile phone; commercial medical equipment that contains within it a cathode ray
tube, a cathode ray tube device, a flat panel display or similar video display
device, and is not separate from the larger piece of equipment; or other
medical devices as that term is defined under the Federal Food, Drug, and
Cosmetic Act.
5. “Department”
means the Department of Sanitation of the city of New York.
6. “Electronic
waste” means covered electronic
equipment that has been discarded or is no longer wanted by its owner, or for
any other reason enters the collection, recovery, treatment, processing, or
recycling system.
7. “Label”
means a marker on the surface of a product conveying information; for the
purposes of this subchapter, labels must be permanent and can be attached,
printed, engraved or incorporated in any other permanent way that is obvious
and visible to users of the product.
8.
“Manufacturer” means a person who: (a) manufactures and sells covered
electronic equipment under its own brand; (b) sells or resells covered
electronic equipment produced by other entities under its own brand and label;
(c) imports covered electronic equipment for first sale in New York City; or
(d) manufactures and sells covered electronic equipment without affixing a
brand.
9. “Orphan waste” means covered electronic
equipment, the manufacturer of which cannot be identified or is no longer in
business and for which no successor in interest can be identified, or is not
covered by the terms and conditions of this chapter.
10. “Person” means any individual, partnership,
company, corporation, association, firm, organization, or any other group of
individuals, or any officer or employee or agent thereof.
11. “Recycle”
means to use the materials contained in previously manufactured goods as raw
materials for new products or components, but not for energy recovery or energy
generation by means of combustion,
gasification, pyrolysis or other means.
12. “Retailer”
means a person who sells covered electronic equipment to a consumer in the city
through any means, including, but not limited to, transactions conducted through
retail sales outlets, catalogs or the internet, or any electronic means.
13. "Reuse"
means any operation by which discarded electronic equipment or components are
used for the same purpose for which they were conceived, including the
continued use of whole systems or components.
14. “Sell” or “sale” means any transfer for
consideration of title or the right to use, by lease or sales contract, from a
manufacturer or retailer to a consumer, including, but not limited to,
transactions conducted through retail sales outlets, catalogs, the internet, or
any electronic means; this includes transfer of new products or used products
that may have been refurbished by their manufacturer or manufacturer-approved
party and that are offered for sale by a manufacturer or retailer, but does not
include consumer-to-consumer second-hand transfer.
§16-342.
Responsibility of Recycling.
a. Each manufacturer of covered electronic
equipment that is sold in the city is individually responsible for the
collection, handling and recycling or reuse of all covered electronic equipment
that is produced by that manufacturer and generated as electronic waste in the
city. In addition, each manufacturer is
responsible for a pro rata share of orphan waste generated as electronic waste in
the city.
b.
Beginning January 1, 2007, and every year thereafter, the department
shall provide manufacturers with a determination of each manufacturer's pro
rata share of orphan waste. The department shall determine each manufacturer's
pro rata share based on the best available information, including, but not
limited to, local and/or regional sales data provided by manufacturers.
§ 16-343. Manufacturer Electronic Waste
Management Plan. a. A manufacturer shall develop a plan and submit a report as
required by this section.
b.
No later than January 1, 2008, a manufacturer shall develop and submit to the
Department an electronic waste management plan for the collection, handling and
recycling or reuse of covered electronic equipment produced by the manufacturer
and generated as electronic waste in the City.
The manufacturer shall not impose a fee on consumers for the collection
or recycling or reuse of covered electronic equipment.
c.
The plan developed by the manufacturer shall include, at a minimum:
1. A description of the collection system;
2.
Details for implementing the collection and handling of covered electronic
equipment produced by the manufacturer and its pro rata share of orphan waste
generated as electronic waste in the city;
3. A public education program to inform
residents and businesses of the city about the collection system, including a
uniform resource locator (URL) or a toll-free telephone number that provides
sufficient information to allow an owner of a covered electronic device to learn
how to return the covered device for recycling or reuse;
4. A description of the recycling or reuse programs. Such description shall, at a minimum,
identify any disassembly, physical recovery operation, such as crushing, shredding,
grinding, glass to glass recycling, or other operation that will be used, and
the location of such operations;
5. A description of how the manufacturer will comply with the
performance standards established in subdivision h of section 16-343 (h);
d.
The Department shall approve or disapprove a proposed plan submitted by a
manufacturer within ninety days of its submission. When the department approves a plan, it shall
expeditiously notify the manufacturer of the approval in writing. If the department disapproves a plan, it
shall expeditiously notify the manufacturer and specify the reasons for
disapproval. The department shall
approve or disapprove a resubmitted plan within ninety days of resubmission.
e.
By January 1, 2008, or 180 days after a plan is approved by the department,
whichever date is later, a manufacturer of covered electronic equipment shall
implement the approved plan for the collection, handling and recycling or reuse
of covered electronic equipment produced by such manufacturer and generated as
electronic waste in the city.
f. Notwithstanding subdivisions a, b, and c of this section, a manufacturer may satisfy the plan requirements of this section by agreeing to participate in a collective electronic waste management plan with other manufacturers. Any such collective plan must meet the same requirements as plans submitted by individual manufacturers.
g.
A manufacturer is responsible for all costs associated with the development and
implementation of the plan.
h. Performance standard
1. For electronic waste other than
orphan waste, a manufacturer is responsible for demonstrating that its
electronic waste management plan is collecting for recycling or reuse at least
the minimum collection rate. The minimum
collection rate is calculated as a percentage of the average annual sales of
the manufacturer’s covered electronic equipment in the city of New York during
the previous five calendar years. By January 1, 2010, the minimum collection
rate must be 30 percent. By January 1,
2015, the minimum collection rate must be 55 percent. By January 1, 2018, the minimum collection
rate must be 80 percent.
2. For
purposes of paragraph 1 of subdivision h of section 16-343, the manufacturer
must meet, where applicable, the minimum collection rates for each of the
following three categories of covered electronic equipment: (a) computer
central processing units and laptop computers; (b) cathode ray tubes, cathode
ray tube devices, televisions, and computer monitors, including but not limited
to, LCD and plasma screens, or similar video display devices with a screen that
is greater than 4 inches measured diagonally and contains one or more circuit
boards; (c) portable digital music players that have memory and are battery-powered. Products in one category may not be counted
in reaching the minimum collection rate for products in another category. Although included in the definition of covered
electronic equipment, keyboards and electronic mice may not be counted in
reaching the minimum collection rate for any category of product.
3. For purposes of
calculating its compliance with the minimum collection rates specified in
§16-343(h)(1) and (2), a manufacturer may count the collection of a single item
of covered electronic equipment, as specified in paragraph two above, as two
items when that item is donated free of charge for reuse to the New York city
department of education, or to any not-for-profit corporation recognized under
§501 (c) (3) of the internal revenue code, whose principal mission is to assist
low-income children or families living in New York City. To qualify for the donation reuse credit
under this subsection, manufacturers must ensure the delivery of electronic
equipment that: (a) is no older than 6 years old, (b) where applicable, has a
functioning operating system; (c) is in full working condition, and (d) has
been approved in writing for donation by the recipient.
§16-344.
Sales Prohibition. a. Beginning January
1, 2009, a manufacturer not in compliance with this chapter, as determined by
the department or a court of law, may be
prohibited from offering covered electronic equipment for sale in the
city of New York. The department shall
not consider a manufacturer in noncompliance with section 16-343 of this
subchapter if it has submitted a plan in good faith that is pending
approval. It shall be the responsibility
of manufacturers to inform in writing all retailers selling covered electronic
equipment in the city if such manufacturer is not in noncompliance with this
chapter.
b.
A retailer shall not offer for sale in the city covered electronic equipment of
a manufacturer that has been prohibited from offering covered electronic
equipment for sale within the city. A
retailer is not responsible for an unlawful sale if the retailer took
possession of the covered electronic product prior to the manufacturer’s
determination of noncompliance, or if the retailer has not been notified as
specified above.
§16-345
Labeling. Beginning January 1, 2008, a manufacturer may not offer for sale in
the city of New York a covered electronic device unless it has a visible,
permanent label clearly identifying the manufacturer of that device, as well as
a telephone number or URL that customers can access for information on how that
product can be presented for recycling or reuse free of charge to the consumer.
§16-346
Enforcement. a. The department and the
department of consumer affairs shall have the authority to enforce the
provisions of this subchapter.
b.
Any person may enforce the provisions and requirements of this subchapter
against any party, government or private, through appropriate legal
proceedings, including declaratory, injunctive and equitable relief as well as
civil penalties. The court may award the
full costs of litigation, including, but not limited to, reasonable expert
witness and attorneys’ fees, to the plaintiffs should they prevail. This provision is supplementary to existing
rights and procedures provided by law.
§16-347
Civil Penalties. Any person who violates any provision of this chapter shall be
liable for a civil penalty of not less than five thousand dollars nor more than
ten thousand dollars for the first violation, not less than ten thousand
dollars nor more than twenty thousand dollars for the second violation and not
less than twenty thousand dollars nor more than thirty thousand dollars for the
third violation and subsequent violations of this chapter, in a proceeding
before the environmental control board.
§16-348
Reporting Requirements. a. Beginning April 1, 2009, for the previous calendar
year and annually thereafter, a manufacturer that offers a covered electronic
device for sale in the city of New York shall submit a report to the department
that includes the following: (i) any proposed modification to the previously
approved manufacturer’s plan for the collection, consolidation and recycling
and reuse of its covered electronic equipment; (ii) substantiated estimates, on
an annual basis for the preceding calendar year, of the quantity of covered
electronic equipment sold in the city of New York and the quantity of covered
electronic equipment collected for recycling or reuse in the city of New York;
(iii) substantiated estimates of the percentage of covered electronic equipment
collected by that manufacturer that are recycled and reused from its products;
(iv) the identification of end markets for the collected electronic waste; and
(vi) any and all systems implemented by the manufacturer to ensure
environmentally sound management of its products.
b.
The department shall submit a report on implementation of the Electronic
Equipment Recycling and Reuse Act in the city of New York to the council by
June 15, 2009 and every 2 years thereafter. The report must include, at a
minimum, an evaluation of the recycling rates in the city for covered
electronic equipment, a discussion of compliance and enforcement related to the
requirements of this chapter and recommendations for any changes to the system
of collection and recycling of electronic equipment in the city of New York.
§16-349
Confidential Information and Trade Secrets. Information relating to electronic
equipment submitted to the department under this subchapter may be designated
by the person submitting it as being only for the confidential use of the
Department, its agents and employees, other city agencies, and as authorized by
the mayor, employees of the United States Environmental Protection Agency and
the Attorney General of the state of New York, to the extent allowed under the
New York State Freedom of Information Law.
§3 If any
part of this subchapter is declared to be invalid or void by a court of
competent jurisdiction, the remaining portion shall not be affected, but shall
remain in full force and effect and shall be construed to be the entire act.
§4. This law shall take effect immediately
LS-966-
CJC-5/20/05