Section 16-424. Performance Standards

a. A manufacturer shall demonstrate
  whether, pursuant  to  its  electronic  waste  management  plan,  it  is
  collecting  for  recycling  or  reuse  at  least  its  share  of covered
  electronic equipment. Such manufacturer's share  of  covered  electronic
  equipment  is  determined  by  applying the following minimum collection
  standard percentage by the average annual sales  of  the  manufacturer's
  covered electronic equipment in the city, reported by weight, during the
  previous  three  calendar years; by July 1, 2012, the minimum collection
  standard is twenty-five percent; by July 1, 2015, the minimum collection
  standard is forty-five percent; by July 1, 2018, the minimum  collection
  standard is sixty-five percent.
    b.  For  purposes of calculating achievement of the minimum collection
  standard specified in paragraph a of this  subdivision,  a  manufacturer
  may  count  the  collection  of  a  single  item  of  covered electronic
  equipment as twice its weight when that item is donated free  of  charge
  for  reuse  to  the  New  York  city  department of education, or to any
  not-for-profit corporation, as defined in subparagraphs five or seven of
  subdivision a of section one hundred two of the New York  not-for-profit
  corporation  law,  a  principal mission of which is to assist low-income
  children or families living in city. To qualify for the  donation  reuse
  credit under this subdivision, the covered electronic equipment must be:
  (a)  no  older  than three years old, (b) in full working condition, and
  (c) accepted as a donation by the recipient in writing.
    c. The commissioner may grant an annual waiver, in whole or  in  part,
  from the minimum collection standards set forth in subdivision a of this
  section  where  a  manufacturer  who  has  an  approved electronic waste
  management plan has demonstrated to the commissioner's satisfaction that
  such minimum collection standards could not  be  met  despite  the  best
  efforts  of  the manufacturer because the manufacturer has substantially
  increased the amount of covered electronic  equipment  sold  within  the
  city over the three-year period during which compliance with subdivision
  a  of  this section is to be measured and it was not practicable to meet
  the applicable minimum collection standard.