In the spring of 2022, the New York State Department of Environmental Conservation (DEC) published final regulations that clarify the state's 12-year-old extended producer responsibility law. The new regulations, which become effective January 1, 2023, cover several facets of the state’s Electronic Equipment Recycling and Reuse Act which covers computers, computer peripherals, and small electronic equipment.
According to the New York DEC “the new requirements for electronic waste builds upon New York State's nation-leading efforts to reduce landfill waste and promote recycling."
The recently adopted regulations relate to the management of e-waste and provide clarity to the State's 2010 Electronic Equipment Recycling and Reuse Act. The regulations increase consumer recycling opportunities, emphasize producer responsibility for covering costs associated with the implementation of their own electronic waste acceptance programs, and improve overall collection of e-waste and recycling program performance.
The Electronic Equipment Recycling and Reuse Act requires manufacturers to provide free and convenient recycling of electronic waste to most consumers in the state. Consumers eligible for free and convenient recycling include individuals, for-profit businesses (corporations with less than 50 full-time employees or not-for-profit corporations with less than 75 full-time employees), not-for-profit corporations designated under section 501(c)(3) of the internal revenue code, schools, or governmental entities located within New York State.
For-profit businesses with 50 or more full time employees and not-for-profit corporations with 75 or more full time employees may be charged. The Electronic Equipment Recycling and Reuse Act places responsibility for managing end-of-life covered electronic equipment primarily on manufacturers, with oversight by the Department of Environmental Conservation. The recycling of devices covered applies to manufacturers that assemble, manufacture, import, and/or own a brand name of covered electronic equipment that is offered for sale in New York State.
If you are a manufacturer and would like to discuss developing a custom e-waste return program to comply with the New York e-waste law and regulations, contact us.