2010 New York Code
ENV - Environmental Conservation
Article 27 - COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE
Title 26 - (27-2601 - 27-2621) ELECTRONIC EQUIPMENT RECYCLING AND REUSE
27-2603 - Manufacturer collection; recycling surcharge.

§ 27-2603. Manufacturer collection; recycling surcharge.
    1.  (a)  Beginning April first, two thousand eleven, a manufacturer of
  covered electronic equipment must accept for  collection,  handling  and
  recycling  or  reuse  electronic waste for which it is the manufacturer.
  Such waste shall count toward the amount of electronic waste required to
  be accepted pursuant to subdivision four of this section.
    (b) Beginning April first, two  thousand  eleven,  a  manufacturer  of
  covered  electronic  equipment  must accept for collection, handling and
  recycling or reuse one piece of electronic waste of  any  manufacturer's
  brand  if  offered by a consumer with the purchase of covered electronic
  equipment of the same type by a consumer. Such waste shall count  toward
  the  amount  of the electronic waste required to be accepted pursuant to
  subdivision four of this section.
    2. Beginning April first, two thousand eleven, each manufacturer  must
  accept   for   collection,   handling   and   recycling   or  reuse  the
  manufacturer's acceptance standard as specified in subdivision  four  of
  this section.
    3.  Statewide  recycling  or reuse goal. (a) For the period from April
  first, two thousand eleven through December thirty-first,  two  thousand
  eleven, the statewide recycling or reuse goal for electronic waste shall
  be  the  product  of  the  latest  population estimate for the state, as
  published  by  the  U.S.  Census  bureau  multiplied  by  three   pounds
  multiplied by three-quarters.
    (b)  For calendar year two thousand twelve, the statewide recycling or
  reuse goal for all electronic waste shall be the product of  the  latest
  population  estimate  for  the  state,  as  published by the U.S. Census
  bureau multiplied by four pounds.
    (c) For calendar year two thousand thirteen, the  statewide  recycling
  or  reuse  goal  for  all  electronic  waste shall be the product of the
  latest population estimate for the  state,  as  published  by  the  U.S.
  Census bureau multiplied by five pounds.
    (d)  For  calendar year two thousand fourteen and annually thereafter,
  the statewide recycling or reuse goal for all electronic  waste  is  the
  product of the base weight multiplied by the goal attainment percentage.
  For  the purposes of this paragraph, "base weight" means the greater of:
  (i) the average weight of all electronic waste collected  for  recycling
  or  reuse  during  the  previous three calendar years as reported to the
  department pursuant to paragraph  (b)  of  subdivision  one  of  section
  27-2617  of this title; or (ii) the three year average of the sum of all
  electronic waste collected for recycling or reuse  during  the  previous
  three  calendar  years  based  on information reported to the department
  pursuant  to  paragraph  (b)  of  subdivision  one,  paragraph  (b)   of
  subdivision  two  and  paragraph  (b)  of  subdivision  three of section
  27-2613 of this title.
    (e) The "goal attainment percentage" means:
    (i) ninety percent if the base weight is less than ninety  percent  of
  the statewide recycling or reuse goal for the previous calendar year;
    (ii)  ninety-five  percent  if  the  base  weight is ninety percent or
  greater, but does  not  exceed  ninety-five  percent  of  the  statewide
  recycling or reuse goal for the previous calendar year;
    (iii) one hundred percent if the base weight is ninety-five percent or
  greater,  but  does not exceed one hundred five percent of the statewide
  recycling or reuse goal for the previous calendar year;
    (iv) one hundred five percent if the base weight is one  hundred  five
  percent  or  greater, but does not exceed one hundred ten percent of the
  statewide recycling or reuse goal for the previous calendar year; and

(v) one hundred ten percent if the base  weight  is  one  hundred  ten
  percent  or  greater  of  the  statewide recycling or reuse goal for the
  previous calendar year.
    4.  Manufacturer  acceptance standard. (a) For the period April first,
  two thousand eleven through December thirty-first, two  thousand  eleven
  and  annually thereafter, each manufacturer's acceptance standard is the
  product of the statewide recycling or reuse goal  under  paragraph  (a),
  (b),  (c)  or  (d) of subdivision three of this section, as appropriate,
  multiplied by that manufacturer's market share pursuant to paragraph (b)
  of this subdivision.
    (b) Each manufacturer's market share  of  electronic  waste  shall  be
  determined  by  the  department  based  on the manufacturer's percentage
  share of the total  weight  of  covered  electronic  equipment  sold  as
  determined by the best available information, including, but not limited
  to,  state  sales  data  reported  by weight. Beginning April first, two
  thousand eleven, and every  calendar  year  thereafter,  the  department
  shall provide each manufacturer with a determination of its market share
  of  electronic  waste which shall be the quotient of the total weight of
  the manufacturer's covered electronic equipment sold to persons in  this
  state  based  on  the  average  annual retail sales during the preceding
  three calendar years, as reported under sections 27-2605 and 27-2617  of
  this  title  divided  by  the  total weight of all manufacturers covered
  electronic equipment sold to persons in this state based on the  average
  annual  retail  sales  during  the  preceding  three  calendar years, as
  reported under sections 27-2605 and 27-2617 of this title.
    5.  In  the  absence  of  a  waiver  by  the  department  pursuant  to
  subdivision  three  of  section  27-2615  of  this  title,  beginning in
  calendar year two thousand thirteen, a manufacturer that fails  to  meet
  its manufacturer's acceptance standard for the previous calendar year as
  required  by  subdivision  four  of  this  section shall be subject to a
  recycling surcharge, determined as follows:
    (a) If a manufacturer accepts at least ninety percent  but  less  than
  one  hundred  percent  of  its  manufacturer's  acceptance  standard  as
  required by subdivision four of this section,  the  surcharge  shall  be
  thirty cents multiplied by the number of additional pounds of electronic
  waste that should have been accepted by such manufacturer.
    (b)  If  a  manufacturer  accepts at least fifty percent but less than
  ninety percent of its manufacturer's acceptance standard as required  by
  subdivision  four  of  this  section, the surcharge shall be forty cents
  multiplied by the number of additional pounds of electronic  waste  that
  should have been accepted by such manufacturer.
    (c)  If  a  manufacturer  accepts  less  than  fifty  percent  of  its
  manufacturer's acceptance standard as required by  subdivision  four  of
  this  section,  the  surcharge  shall  be  fifty cents multiplied by the
  number of additional pounds of electronic waste that  should  have  been
  accepted by such manufacturer.
    6.  The  recycling  surcharge shall be paid to the department with the
  annual report required pursuant to section 27-2617 of this title.
    7.  Beginning  with  calendar  year  two  thousand  fourteen,   if   a
  manufacturer accepts more than its manufacturer's acceptance standard as
  required  by  subdivision four of this section, the excess weight may be
  used as electronic waste acceptance credits and may be sold, traded,  or
  banked  for  a period no longer than three calendar years succeeding the
  year in which the credits were earned; provided, however, that  no  more
  than twenty-five percent of a manufacturer's obligation for any calendar
  year  may  be  met  with recycling credits generated in a prior calendar
  year.