Governor Kathy Hochul has signed Chapter 87 of the Laws of 2026, further refining New York's rechargeable battery recycling program. The new law amends the rechargeable battery stewardship legislation enacted in 2025 by clarifying existing requirements and expanding certain compliance obligations for manufacturers, retailers, distributors, and other businesses involved in the sale of rechargeable batteries and battery-powered products in New York.
The amendments reflect the Legislature's continued effort to strengthen New York's producer responsibility framework as rechargeable battery use continues to grow, particularly for lithium-ion batteries used in consumer products and micromobility devices.
Why the Legislature Revisited the Law
New York first adopted a rechargeable battery recycling law in 2010, requiring manufacturers of covered rechargeable batteries to fund a collection program at no cost to consumers. Retailers of rechargeable batteries or products containing them must accept used rechargeable batteries from consumers for recycling. The law covers nickel-cadmium, sealed lead, lithium-ion, nickel metal hydride, and other rechargeable dry-cell batteries and battery packs. Consumers can bring up to 10 batteries per day to participating stores, which must post signage about their recycling practices.
The 2010 law did not address the rise in electric mobility and the associated batteries. The new legislation added battery categories and addressed implementation issues with the initial expansion (Chapter 712 of the Laws of 2025), identified following enactment, while further clarifying how responsibility for compliance is allocated among manufacturers, retailers, and other participants in the battery supply chain.
What Changed?
The amendments expand New York's stewardship program in several important respects. Most notably, the law broadens the definition of "battery manufacturer" by assigning compliance responsibility to the manufacturer of a product containing a rechargeable battery, even when no battery producer or importer assumes responsibility. The legislation also expressly incorporates battery packs into the statutory framework, ensuring the law keeps pace with the way rechargeable batteries are increasingly marketed and sold.
The law also strengthens retailer and manufacturer obligations. Retailers may only sell rechargeable batteries manufactured by entities participating in a Department of Environmental Conservation ("DEC")-approved stewardship program, while manufacturers must submit more comprehensive collection, transportation, and recycling plans. Among other things, those plans must address collection infrastructure, consumer education, coordination with municipalities, and procedures for safely handling damaged, defective, or recalled batteries. The amendments also require manufacturers to reimburse municipalities for certain collection-related costs and provide appropriate containers and equipment for the safe storage and handling of covered batteries.
Recognizing the unique challenges presented by batteries used in electric scooters and bicycles with electric assist, the legislation establishes additional requirements governing collection networks and retailer participation for those batteries. It also directs DEC to evaluate the effectiveness of the current collection program and determine whether additional legislative changes, including expanded retailer collection requirements, may be warranted.
Finally, the legislation revises the State's approach to fire safety oversight. Rather than requiring DEC to promulgate standalone regulations governing battery storage, the law instead incorporates fire safety considerations into the Department's review of manufacturer stewardship plans in consultation with state and local fire safety agencies.
Key Takeaways
Although many of Chapter 87's amendments were negotiated as technical revisions to the 2025 law, they further expand New York's already comprehensive rechargeable battery stewardship program and introduce additional compliance considerations for regulated businesses. Manufacturers, retailers, importers, distributors, and companies that sell products containing rechargeable batteries should review their existing stewardship programs, contractual arrangements, and compliance practices to determine whether changes may be necessary under the amended law.
Expanded Producer Reliability (EPR) laws have been expanding across the country and cover a wide range of materials. Seven states now have laws intended to shift the cost and responsibility for rechargeable batteries to manufacturers and retailers and limit the flow of potentially hazardous waste into landfills (for example, it’s illegal to throw rechargeable batteries in the trash in New York).
If you need assistance with any aspect of EPR law compliance, contact Tom Berkman, Jenna Rackerby, or a member of the Hodgson Russ Environmental Practice.
Disclaimer:
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