New York bans the disposal of covered electronics in the trash, and that applies to businesses as well as households. Since January 1, 2015, computers, monitors, TVs and peripherals cannot go to landfills, waste-to-energy facilities or curbside pickup. Whether recycling is free for your company depends mostly on headcount. The law covers the device, not the data on it, so securing the data is a separate job that falls to you.
This guide is for IT managers, facility managers and owners who retire equipment in New York. It also covers how federal law, California and Texas compare, since many companies run more than one state’s policy.
TL;DR
- New York has banned disposing of covered electronic equipment in the trash since January 1, 2015. The ban applies to commercial and institutional waste too.
- Manufacturer programs must offer free recycling to most consumers. For-profit businesses with 50 or more full-time employees and nonprofits with 75 or more may be charged.
- Rechargeable batteries cannot go in the trash. Retailers that sell them must take them back.
- Registered e-waste collectors are shielded from liability for data on devices. Wiping or destroying drives is your responsibility.
- There is no federal e-waste recycling law, so state rules decide what you must do.
Table of Contents
- What the New York law actually says
- The 50-employee line: who gets free recycling
- Batteries are regulated separately
- Recycling is not the same as data security
- A retirement workflow that satisfies both obligations
- Our perspective
- Beyond New York: federal, California and Texas
- How we can help
- FAQ
- Sources
What the New York law actually says
The core statute is the Electronic Equipment Recycling and Reuse Act, found in Article 27, Title 26 of the Environmental Conservation Law. The state’s Department of Environmental Conservation (DEC) describes it as a law that requires manufacturers to provide free and convenient recycling of e-waste to most consumers in the state. Supporting regulations sit in Subpart 368-3.
Two pieces matter most for a company:
- The disposal ban. Under the statute’s text, covered electronic equipment may not be put out for trash collection or sent to landfills or waste-to-energy facilities. Covered items include computers, monitors, TVs and computer peripherals. DEC’s list also includes small-scale servers and small electronic equipment.
- Manufacturer responsibility. Manufacturers must fund collection and recycling. They set up programs, and registered collectors, consolidators and recyclers do the work. These entities report through DEC’s online registration and reporting system.
The New York City Department of Sanitation puts it plainly for local businesses: businesses in New York State are required to recycle their electronics. In the city, DSNY also notes that it is illegal to dispose of certain electronic devices with trash or recycling.
The 50-employee line: who gets free recycling
Headcount sets how the law treats you. DEC says consumers eligible for free and convenient recycling include individuals, schools, governmental entities, 501©(3) organizations and small businesses. It also says for-profit businesses with 50 or more full-time employees and not-for-profits with 75 or more may be charged.
| Organization | Free manufacturer program? | What to plan for |
|---|---|---|
| For-profit business, fewer than 50 full-time employees | Eligible | Confirm the program covers your pickup volume and location |
| For-profit business, 50 or more full-time employees | May be charged | Budget for recycling, usually through a registered recycler |
| Nonprofit, fewer than 75 full-time employees | Eligible | Same as small business |
| Nonprofit, 75 or more full-time employees | May be charged | Budget for recycling |
Two cautions. First, “free” covers convenient collection of covered items. Services beyond that, such as scheduled pickup at your site, witnessed destruction or audit reports, are what the industry calls premium services, and providers typically price them separately. Second, count full-time employees the way DEC does, and ask the program operator what they require before you rely on a free option.
Batteries are regulated separately
Laptops, UPS units and handhelds bring rechargeable batteries into your retirement stream, and New York treats those under a different law. The Extended Producer Responsibility for Rechargeable Batteries Law (Article 27, Title 18 of the Environmental Conservation Law) means rechargeable batteries cannot be thrown in the trash. Retailers that sell them must accept them for recycling at no cost, with an exception for small food stores. DEC’s coverage includes nickel-cadmium, sealed lead, lithium-ion and nickel-metal hydride batteries.
A practical rule: remove or tag batteries before a pickup, keep damaged or swollen lithium-ion packs apart from the rest, and tell your recycler about them in advance. If you ship batteries between sites, packaging and carrier rules apply too. One overview of lithium battery shipping rules explains why parcels get rejected, though it is written from a Singapore shipping perspective, so check U.S. carrier and Department of Transportation requirements for domestic moves.
New York City has also been moving on lithium-ion batteries in e-bikes and scooters. A City Council bill, Int 0054-2024, concerns record keeping and reporting on the disposal of rechargeable batteries used in powered mobility devices. If you sell or service those devices, check its current status before you assume you are exempt.
Recycling is not the same as data security
This is where companies get caught. Registered collectors and consolidation facilities in New York are shielded from liability for data on the devices they process, as long as they do not misuse or intentionally disclose it or act with gross negligence. That safe harbor makes sense for a recycler. For you it means a drop-off receipt proves the environmental step, and nothing else.
If a drive still holds payroll files, customer records or health data, you own the risk until the data is verifiably gone. In practice that means:
- Sanitize or destroy before the device leaves your control, or contract for destruction as part of the pickup.
- Get a serial-number-level record of which drives were destroyed, when, and by whom.
- Keep the certificate with your asset register so an auditor can trace each device from retirement to final disposition.
We cover the methods in more detail in our guides on what secure data destruction is and how to destroy hard drives safely.
A retirement workflow that satisfies both obligations
Here is a process we recommend for companies retiring IT equipment in a state with a disposal ban.
- Inventory. List assets by type, serial number and location. Separate covered electronics, batteries and anything with storage media.
- Decide on value. Newer laptops, servers and networking gear may carry resale value. Older gear may only be worth its recycling cost. Sort before you decide how to dispose.
- Choose the data method. Wipe to a recognized standard, or physically destroy. Choose on-site destruction if drives cannot leave the building unobserved.
- Pick a registered handler. Ask for registration details and what documents you will receive.
- Document. File the pickup receipt and destruction certificate against each asset record.
- Review annually. Rules change, and so do your thresholds as headcount grows.
Our electronics disposal planning steps for businesses walk through this in more depth. If an office move or closure is behind the cleanout, a playbook for clearing items before a move can help you schedule the non-IT items alongside the electronics.
Our perspective
We see the same misunderstanding often: a company recycles equipment legally and assumes it is also secure. Those are two separate questions. New York’s law answers the first one well. It bans the landfill route and builds a producer-funded collection system. It leaves the second to you, and it deliberately shields recyclers from data liability.
Our view is that the cheapest compliance is the one you document at the moment of retirement. A certificate and receipt tied to each asset costs little at pickup and a great deal to reconstruct later. We also think multi-state companies should write one policy to the strictest rule they face, because New York’s approach is one of the more detailed ones. EPA’s overview describes a patchwork of state laws, and a single strict standard is easier to run than a different procedure per state.
We built our service around that. Our facility is EPA-certified and registered with the California Department of Toxic Substances Control. We offer on-site destruction for jobs of 50 or more hard drives, upfront payment on IT asset recovery, flexible scheduling, and receipts and certificates for compliance files.
— Keith
Beyond New York: federal, California and Texas
Federal. There is no federal law regulating domestic e-waste recycling. Twenty-five states have enacted their own e-waste programs, and the federal government has so far focused on stewardship strategy and federal agency purchasing rather than a national mandate. Other federal rules still touch your data, such as privacy and sector rules like HIPAA, which is why destruction records matter even where no recycling statute applies.
California. California runs its own electronic waste program and hazardous waste rules, and the DTSC registers handlers. We are registered with DTSC and base our operations in Southern California. If you have sites in both states, treat California and New York as separate checklists. Our electronic disposal regulations list for business compliance is a starting point.
Texas and other states. Coverage, definitions and who pays differ by state. Do not assume a New York or California procedure transfers. Confirm the rule in each state where you hold equipment, and ask your recycler how it handles interstate pickups.
How we can help
If you are retiring IT equipment, we can pick it up, recycle it, destroy the data and give you the paperwork. Start with hard drive destruction or on-site data destruction. If your equipment has resale value, our IT asset recovery quote shows what it could return. For a general overview, see our business recycling services. We provide free quotes, and pricing depends on the materials and services you need. Tell us your location and volume first so we can confirm that we can serve your site.
FAQ
Is it illegal for a business to throw away computers in New York?
Yes. The state’s disposal ban, in effect since January 1, 2015, covers covered electronic equipment such as computers, monitors and TVs, whether it comes from a household or a company. Curbside and landfill disposal are both prohibited. Violations are subject to regulatory enforcement.
Does my company have to pay to recycle electronics in New York?
It depends on size. For-profit businesses with fewer than 50 full-time employees and nonprofits with fewer than 75 are eligible for free recycling. Larger organizations may be charged. Services such as on-site pickup and data destruction are usually priced separately from the free program.
Does recycling my old computers erase the data?
No. Registered collectors and consolidators in New York are shielded from liability for data on the devices they receive. You should wipe or destroy drives and keep proof, or hire a provider to do it and certify it.
How do I dispose of rechargeable batteries in New York?
Do not put them in the trash. Retailers that sell rechargeable batteries must accept them for recycling at no charge, with an exception for small food stores. For larger volumes from IT equipment, include them in your recycler’s pickup and flag any damaged packs.
Is there a federal e-waste law?
Not one that regulates domestic e-waste recycling. States have taken the lead, so your obligations depend on where your equipment sits. Companies with several locations need to check each state.
Sources
- NYSDEC: Electronic Waste Recycling
- NYSDEC: Electronic Waste Collector Requirements
- NYSDEC: Electronic Waste Consolidation Facility Requirements
- NYSDEC: Rechargeable Battery Recycling
- NYS Open Legislation: ECL 27-2611
- DSNY: Electronics Handling for Businesses
- NYC Council: Int 0054-2024
- EPA: Overview of state e-waste laws
- Wikipedia: Electronic waste in the United States