Clayton Hale

February 28, 2008

On February 13, 2008, the New York City Council approved a bill that would make the recycling of used electronics mandatory. The bill was sponsored by forty-seven of the fifty City Council Members who voted on Wednesday, and imposed very strict requirements on the manufacturers of electronic equipment. The unique aspect of the proposed legislation is that it shifted the burden of collection and recycling away from the municipality to the manufacturers. Councilmen Bill de Blasio of Brooklyn and Michael E. McMahon of Staten Island were the bill's chief sponsors. Despite widespread support for the bill from the Council, Mayor Bloomberg stated that he intends to veto the pending legislation.

The recycling bill would require manufactures to gradually increase collection of their used electronic equipment over the next ten years. Initially, the manufacturers of specified electronic equipment (i.e. computers, MP3 players, and TVs) would be required to submit to the Department of Sanitation individual recycling plans. These plans would require the manufacturers to initiate curbside collection, in-store returns, or mail-in policies. In July 2009, companies would be required to begin collecting their old equipment from consumers. A year later, the Department of Sanitation would refuse to collect specific electronic products named in the bill, and fine manufacturers if they fail to submit a recycling plan or do not fulfill the requirements of their submitted plans. In 2012, manufacturers will be required to collect 25 percent of the weight of the electronics goods they sold the previous year. In 2015 and 2018, that number will increase to 45 and 65 percent respectively. Finally, although the majority of the bill is aimed at requiring manufacturers to recycle their own products, the bill is also aimed at the actions of city residents. Beginning in 2010, city residents would be subject to $100 fines for throwing used electronics in the trash.

The electronics recycling bill received support from both environmental groups and electronic manufacturers. Organizations such as the Natural Resources Defense Council, the Sierra Club, Environmental Defense, and companies like Apple, GE, and Tekserve all support the pending bill. They claim that this legislation is necessary because of the enormous amount of waste produced every year by the electronics industry. New York City alone, discards approximately 25,000 tons of electronic equipment each year. In addition, proponents of the bill argue that manufacturers will now have the incentive to develop goods that are less toxic and easier to recycle.

Although the electronics recycling bill enjoyed a warm reception by the environmental community, by many in the electronics industry, and by the City Council itself, Mayor Bloomberg stated his intention to veto the pending legislation. In addition, the Mayor said that he would not enforce the law, even if the Council overrides his veto. Mayor Bloomberg claimed that the law is illegal and violates "a whole bunch of federal laws on interstate commerce," and that he will not support mandatory threshold requirements. On February 14, 2006, the New York State Court of Appeals held that the Mayor was not obligated to enforce City Council legislation if it is in conflict with other state or federal laws. Council of the City of New York v. Bloomberg, 6 N.Y.3d (2006). Thus, Mayor Bloomberg may legally choose not to enforce the electronics recycling law if it is incompatible with current federal or state legislation.

John Gallagher, a spokesman for the Mayor, stated "the Administration supports 'e-recycling.'" However, he labeled the law's requirements as "arbitrary" because they "penalize manufacturers for the actions of the customers." Conversely, Councilman Bill de Blasio stated that the Council's job is "to pass legislation that will improve the lives of people in the city." Despite the conflicting arguments, both sides have publicly declared that they are working on compromise.

Sources:
Anthony DePalma, City Council Approves a Bill Requiring Residents to Recycle Electronics, Feb. 14, 2008, http://www.nytimes.com/2008/02/14/nyregion/14recycle.html?ref=nyregion (last visited Feb. 19, 2008).

New York City First with Electronics Recycling Law, Feb. 17, 2008, http://www.nbc30.com/print/15316738/detail.html (last visited Feb. 19, 2008).

Bloomberg: NYC Won't Enforce Electronics Recycling Law, Feb. 15, 2008, http://www.1010wins.com/pages/1665905.php?contentType=4&contentId=1575408 (last visited Feb. 19, 2008).

Ray Rivera, Mayor Calls Electronics Recycling Bill 'Illegal', Feb. 15, 2008, http://cityroom.blogs.nytimes.com/2008/02/15/mayor-says-hell-ignore-veto-on-electronic-recycling (last visited Feb. 19, 2008).