1. Rechargeable batteries shall be returned to a retailer that sells such batteries that are similar in shape, size and function to those to be disposed of. Rechargeable batteries contained in electronic products must be removed prior to disposal of such product.

a. Retailers having a place of business in the state shall accept from consumers at any time during normal business hours rechargeable batteries of a similar size and shape as the retailer offers for sale. Retailers shall take up to ten such batteries per day from any person regardless of whether such person purchases replacement batteries, and retailers shall also accept as many such batteries as a consumer purchases from the retailer. Retailers shall conspicuously post and maintain, at or near the point of entry to the place of business, a legible sign, not less than eight and one-half inches by eleven inches in size, stating that used rechargeable batteries of the size and shape sold or offered for sale by the retailer may not enter the solid waste stream, and that the retail establishment is a collection site for recycling such batteries. Such sign shall state the following in letters at least one inch in height: "It is illegal to dispose of rechargeable batteries in the state of New York as solid waste. We accept used rechargeable batteries for return to the manufacturer."

b. Retailers that sell rechargeable batteries to consumers in the state through non-retail outlets such as through catalogs, or by mail, telephone or the internet shall provide at the time of purchase or delivery to the consumer notice of an opportunity to return used rechargeable batteries at no cost to the consumer for reuse or recycling.

c. Retailers in the state shall conspicuously maintain, at a location within the retail establishment that is convenient for use by consumers, collection boxes or other suitable receptacles, supplied by the manufacturer, into which consumers may safely deposit used rechargeable batteries.

d. Retailers must be in compliance with the provisions of this subdivision no later than one hundred eighty days after the effective date of this title.

2. Every battery manufacturer, or any combination of battery manufacturers working together, shall, at the battery manufacturer's own expense, arrange for the return of, and recycling of, all used rechargeable batteries collected by retailers. Every battery manufacturer or any combination of battery manufacturers working together, shall be responsible for, at a minimum, the following:

a. Within ninety days of the effective date of this title, submittance to the commissioner of a plan that identifies the methods by which battery manufacturers will safely collect, transport, and recycle rechargeable batteries collected by retailers at the expense of the battery manufacturer and provide retailers with information on the safe handling and storage of rechargeable batteries.

b. Submittance to the department of annual reports, on a form prescribed by the department, concerning the amount of rechargeable batteries received within the state and recycled either by number or by weight; the costs of such efforts; and any other relevant information as required by the department.

c. Undertaking of efforts to educate the citizens of the state regarding the appropriate ways to recycle rechargeable batteries.

3. The commissioner shall approve or reject any battery manufacturer's collection, transportation, and recycling plans described in paragraph a of subdivision two of this section within ninety days of submission and, if rejected, inform the battery manufacturer in writing as to any deficiencies in said plan. Battery manufacturers shall amend and resubmit any rejected plans for reconsideration within sixty days of notification of the rejection of said plan. The commissioner shall approve or reject said plan within thirty days of resubmission.

4. The commissioner shall analyze the information provided by battery manufacturers pursuant to paragraph b of subdivision two of this section and report such analysis to the governor and the legislature every two years.

5. The commissioner is authorized to promulgate any rules and regulations needed to implement this title.