Int. No. 729
By Council Members
de Blasio, McMahon, the Speaker (Council Member Quinn) and Council Members
Comrie, Dickens, Fidler, Gentile, Katz, Koppell, Recchia Jr., Sanders Jr.,
Gerson, Jackson, James, Stewart, Vallone Jr., Weprin, Martinez, Yassky, Liu,
Nelson, Foster, Monserrate, Rivera, Garodnick, Mealy,
Sears and Lappin
A Local Law to amend
the administrative code of the city of New York, in relation to electronic
equipment collection standards.
Be it enacted by the Council as follows:
Section
1. Declaration of legislative findings and intent. The purpose of this chapter is to require
that manufacturers of covered electronic waste comply with specific electronic
waste collection standards. The Council
finds that the setting of performance standards is necessary to insure that
electronic equipment is collected in appropriate amounts. The three-year period
before penalties are imposed for failure to meet the prescribed performance
standards gives the industry and the city ample time and data to evaluate, and
if necessary, adjust the prescribed performance standards.
§2. Subdivision d(4) of section 16-423 of chapter
four-a of the administrative code of the city of New York is amended to read as
follows:
4. a description of how the
manufacturer will plan to [collect covered electronic equipment to the maximum
extent feasible] attain the performance standards established in paragraph a
of section 16-424 of this chapter;
§3. Subdivision h.2 of section 16-423 of chapter
four-a of the administrative code of the city of New York is amended to read as
follows:
h.2
At any time, the department may require resubmission of a proposed modification
where it determines that the manufacturer is not in compliance with the
collection standards as set forth in section 16-424 of this chapter
[collecting covered electronic equipment to the maximum extent feasible as
required by this chapter]. The
department shall approve or disapprove such modification in accordance with
paragraph one of this subdivision.
§4. Section 16-423 of chapter four-a of the
administrative code of the city of New York is amended by adding a new
subdivision i and renumbering the section to read as
follows:
i.
Notwithstanding the provisions of section 16-423 of this chapter, any person
who becomes a manufacturer of covered electronic equipment subsequent to the
effective date of this section may include within a submitted electronic waste
management plan a proposed schedule for compliance with the minimum collection
standards set forth in section 16-424 beyond the respective compliance dates
set forth in such section. The commissioner may approve such proposed schedule
or may approve a modification to such proposed schedule that provides for a
reasonable compliance time beyond that provided for in such section.
[i.]
j. All decisions of the department pursuant to this section shall be
made public.
§5. Section 16-424 of chapter four-a of the
administrative code of the city of New York is amended to read as follows:
§16-424
Performance Standards. a. A
manufacturer shall demonstrate whether, pursuant to
its electronic waste management plan, it is collecting for recycling or reuse at
least its share of covered electronic equipment [to the maximum extent
feasible]. Such manufacturer’s share
of covered electronic equipment is determined by applying the following minimum
collection standard percentage by the average annual sales of the
manufacturer’s covered electronic equipment in the city, reported by weight,
during the previous three calendar years; by July 1, 2012, the
minimum collection standard is twenty-five percent; by July 1, 2015, the
minimum collection standard is forty-five percent; by July 1, 2018, the minimum
collection standard is sixty-five percent.
b. For purposes of calculating achievement of the
minimum collection standard specified in paragraph a of this subdivision, a
manufacturer may count the collection of a single item of covered electronic
equipment as twice its weight 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, as defined in subparagraphs five or seven of subdivision a of
section one hundred two of the New York not-for-profit corporation law, a
principal mission of which is to assist low-income children or families living
in city. To qualify for the donation
reuse credit under this subdivision, the covered electronic equipment must be:
(a) no older than three years old, (b) in full working condition, and (c)
accepted as a donation by the recipient in writing.
c. The commissioner may grant an annual waiver,
in whole or in part, from the minimum collection standards set forth in
subdivision a of this section where a manufacturer who has an approved
electronic waste management plan has demonstrated to the commissioner’s
satisfaction that such minimum collection standards could not be met despite
the best efforts of the manufacturer because the manufacturer has substantially
increased the amount of covered electronic equipment sold within the city over
the three-year period during which compliance with subdivision a of this
section is to be measured and it was not practicable to meet the
applicable minimum collection standard.
§6. Subdivision d of section 16-427 of chapter
four-a of the administrative code of the city of New York is amended to add a
new section 5 to read as follows:
5. Beginning July first, two thousand
twelve, a manufacturer who has not met the performance standards set forth in
subdivision a of section 16-424 of this chapter shall be liable for a civil
penalty of fifty thousand dollars for each percentage point that said
manufacturer falls below the performance standards, and shall also submit a
modified electronic waste management plan to the department with details
explaining how said manufacturer intends to comply with the performance
standards. The department shall review
such modified electronic waste management plan as provided in subdivision h of
section 16-423 of this chapter.
§7. Subdivision a of section 16-428 of chapter
four-a of the administrative code of the city of New York is amended to read as
follows:
a. On or before July first,
two thousand nine, and annually on or before July first thereafter, a
manufacturer that offers any covered electronic equipment for sale in the city
shall submit an annual report to the department that includes the following
information for the prior calendar year: 1. any approved modification to the
manufacturer’s electronic waste management plan; 2. sales data for the manufacturer’s
covered electronic equipment sold in the city; 3. the quantity of covered
electronic equipment collected for recycling or reuse in this city, expressed
both in terms of the total weight of such covered electronic equipment and as a
percentage of the average annual sales of the manufacturer’s covered electronic
equipment in the city, reported by weight, during the previous three calendar
years, and categorized by the type of covered electronic equipment collected
pursuant to such manufacturer’s electronic waste management plan and further
categorized, to the extent possible, by the quantity of such covered electronic
equipment collected from individuals and government entities; 4. the weight of
orphan waste collected, categorized by the type of covered electronic equipment
collected, pursuant to such manufacturer’s electronic waste management plan; 5.
information on the manufacturer’s compliance with the performance standards
established in section 16-424 of this chapter [goal of collecting covered
electronic equipment to the maximum extent feasible]; 6. information on the end
markets and electronic recyclers utilized by the manufacturer, including
details on the methods of collection, handling and recycling or reuse of
covered electronic equipment used by electronic recyclers, details on any
disassembly or physical recovery operation to be used, the locations of any
such operations, and details on the manufacturer’s compliance with applicable
laws and regulations relating to the disposition, recycling and reuse of
covered electronic equipment and orphan waste; 7. examples of how the
manufacturer has informed residents and businesses of the city about the
manufacturer’s plan for the collection, handling and recycling or reuse of
covered electronic equipment and orphan waste; 8. the number of visits to the
internet website and calls to the toll-free telephone numbers established by
the manufacturer’s electronic waste management plan; and 9. any other
information required by department rules.
§8. This local law shall
take effect immediately.
03/11/08
CJC