|SAME AS||SAME AS S09106|
|COSPNSR||Stirpe, Santabarbara, Oaks, Kolb, Palmesano, Murray, Stec, Walter, Ra, McDonald, Gottfried, Lupardo, Abinanti, Thiele, Quart, Carroll, Seawright, Stern, Woerner, Barron, Rozic, Norris, Otis, Perry, Skoufis, D'Urso, Wallace, Epstein, Galef, Fahy, Niou, Colton, Nolan, Glick, Rosenthal L, Ryan, Rodriguez, Barclay, Bronson, Buchwald|
|Add Art 27 Title 20 §§27-2001 - 27-2007, En Con L|
|Establishes a postconsumer paint collection program; requires producers of architectural paint sold at retail in the state or a representative organization to submit a plan to the commissioner of environmental conservation for the establishment of a postconsumer paint collection program; prohibits a producer or retailer from selling architectural paint in the state unless the producer or producer's representative organization is implementing an approved program plan.|
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STATE OF NEW YORK ________________________________________________________________________ 11245 IN ASSEMBLY June 17, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Peoples- Stokes) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a postconsumer paint collection program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 20 to read as follows: 3 TITLE 20 4 POSTCONSUMER PAINT COLLECTION PROGRAM 5 Section 27-2001. Definitions. 6 27-2003. Postconsumer paint collection program. 7 27-2005. Reporting requirements. 8 27-2007. Department responsibilities. 9 § 27-2001. Definitions. 10 As used in this title, the following terms shall have the following 11 meanings: 12 1. "architectural paint" means interior and exterior architectural 13 coatings sold in containers of five gallons or less; provided, however, 14 that "architectural paint" shall not include industrial, original equip- 15 ment or specialty coatings. 16 2. "commissioner" means the commissioner of environmental conserva- 17 tion. 18 3. "department" means the department of environmental conservation. 19 4. "environmentally sound management practices" means procedures for 20 the collection, storage, transportation, reuse, recycling and disposal 21 of architectural paint, to be implemented by the producer or represen- 22 tative organization or by the producers or representative organization's 23 contracted partners to ensure compliance with all applicable federal, 24 state and local laws and any regulations and ordinances for the 25 protection of human health and the environment and these procedures 26 shall address adequate record keeping, tracking and documenting of the 27 final disposition of materials. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16339-04-8A. 11245 2 1 5. "postconsumer paint" means architectural paint not used and no 2 longer wanted by a purchaser. 3 6. "producer" means a manufacturer of architectural paint who sells, 4 offers for sale or distributes the architectural paint in the state. 5 7. "program" means the postconsumer paint collection program estab- 6 lished pursuant to section 27-2003 of this title. 7 8. "recycling" means a process by which discarded products, components 8 and by-products are transformed into new usable or marketable materials 9 in a manner in which the original products may lose their identity. 10 This term excludes thermal treatment or the use of waste as a fuel 11 substitute or for energy production. 12 9. "representative organization" means a not-for-profit organization 13 established by a producer to implement the postconsumer paint collection 14 program. 15 10. "retailer" means a person that offers architectural paint for sale 16 at retail in the state. 17 11. "Reuse" means the return of a product into the economic stream for 18 use in the same kind of application as the product was originally 19 intended to be used, without a change in the product's identity. 20 12. "Sell" or "sale" means any transfer for consideration of title or 21 the right to use, from a manufacturer or retailer to a person, includ- 22 ing, but not limited to, transactions conducted through retail sales 23 outlets, catalogs, mail, the telephone, the internet, or any electronic 24 means; this does not include samples, donations, and reuse. 25 § 27-2003. Postconsumer paint collection program. 26 1. No later than July first, two thousand nineteen, a producer, either 27 individually or cooperatively, or a representative organization shall 28 submit to the commissioner for the commissioner's approval a plan for 29 the establishment of a postconsumer paint collection program. Such plan 30 shall be accompanied by a fee of five thousand dollars for an individual 31 producer or, in the case of a representative organization or producers 32 acting collectively, a fee of ten thousand dollars. The program will 33 minimize public sector involvement in the management of postconsumer 34 paint by reducing its generation, promoting its reuse and recycling and 35 negotiating and executing agreements to collect, transport, reuse, recy- 36 cle and properly dispose of postconsumer paint using environmentally 37 sound management practices. 38 2. A producer may satisfy the postconsumer paint collection program 39 requirement of this section by agreeing to participate collectively with 40 other producers. Any such collective postconsumer paint collection 41 program shall meet the same requirements as an individual producer. Such 42 program shall submit a registration to the department along with a 43 registration fee of ten thousand dollars. 44 3. The plan submitted by the producer or representative organization 45 to the department under this section shall: 46 (a) provide a list of each participating producer and brands covered 47 by the program. 48 (b) provide information on the architectural paint products covered 49 under the program. 50 (c) describe how the producer or representative organization will 51 collect, transport, recycle, and process postconsumer paint for end-of- 52 life management, including recycling and disposal, using environmentally 53 sound management practices. 54 (d) describe how it will provide for convenient and cost-effective 55 statewide collection of postconsumer architectural paint in the state. 56 The producer or representative organization may coordinate the programA. 11245 3 1 with existing municipal waste collection infrastructure as is mutually 2 agreeable. A paint retailer may participate, on a voluntary basis, as a 3 paint collection site if the paint retailer volunteers to act as such 4 and complies with all applicable laws and regulations. 5 (e) provide geographic modeling to determine the number and distrib- 6 ution of sites for collection of postconsumer architectural paint based 7 on the following criteria (i) at least ninety percent of New York resi- 8 dents shall have a collection site within a fifteen mile radius; and 9 (ii) one additional site will be established for every fifty thousand 10 residents of an urbanized area (as defined by the United States Census 11 Bureau), unless the producer is a small business taxpayer as defined in 12 paragraph (f) of subdivision one of section two hundred ten of the tax 13 law or unless otherwise approved by the commissioner. 14 (f) describe the intended treatment, storage, transportation and 15 disposal options and methods for the collection of postconsumer paint. 16 The management of paint under the program shall promote reuse and recy- 17 cling. 18 (g) describe in detail education and outreach efforts to inform 19 consumers about the program. These materials should include (i) informa- 20 tion about collection opportunities for postconsumer paint; (ii) infor- 21 mation about the charge for the operation of the program that shall be 22 included by the producer in the price charged to the retailer of all 23 architectural paint sold in the state; and (iii) efforts to promote the 24 source reduction, reuse, and recycling of architectural paint. 25 (h) set forth the process by which an independent auditor will be 26 selected and identify the criteria used by the producer or represen- 27 tative organization in selecting an independent auditor; 28 (i) identify, in detail, the operational plans for interacting with 29 retailers on the proper handling and management of post-consumer paint; 30 (j) include the targeted annual collection rate; 31 (k) be reviewed by an independent financial auditor to assure that any 32 added cost to paint sold in the state as a result of the postconsumer 33 paint collection program does not exceed the costs of the program. The 34 independent auditor shall verify that the amount added to each unit of 35 paint will cover the costs of the postconsumer paint collection program. 36 4. The independent financial auditor may be selected by the department 37 and the department shall review the work product of any such independent 38 auditor. The department may terminate the services of any such independ- 39 ent auditor. The cost of any work performed by such independent auditor 40 shall be funded by the program. 41 5. The commissioner shall approve or reject a plan submitted under 42 this section within sixty days of submission and, if rejected, inform 43 the producer or representative organization in writing as to any defi- 44 ciencies in said plan. A producer or representative organization shall 45 amend and resubmit any rejected plans for reconsideration within sixty 46 days of notification of the rejection of said plan. The commissioner 47 shall approve or reject said plan within thirty days of resubmission. 48 6. Beginning not later than January first, two thousand twenty or six 49 months after the plan is approved under subdivision five of this 50 section, whichever occurs later, the producer or representative organ- 51 ization shall implement the postconsumer paint collection program 52 utilizing collection sites established pursuant to paragraph (e) of 53 subdivision three of this section. 54 7. Not later than the implementation date of the program, information 55 regarding the approved plan, the names of participating producers, and 56 the brands of architectural paint covered by the program shall be postedA. 11245 4 1 on the department's website and on the website of the producer and 2 representative organization. 3 8. Upon implementation of the program, each producer shall include in 4 the price of any architectural paint sold to retailers and distributors 5 in the state the per container amount in the approved program plan. A 6 retailer or distributor shall not deduct this amount from the purchase 7 price. 8 9. A producer or retailer shall not sell, or offer for sale, architec- 9 tural paint to any person in the state unless the producer and the 10 producer's brands are registered with the department pursuant to section 11 27-2003 of this title on and after the date of implementation of the 12 postconsumer paint collection program. 13 10. (a) A retailer shall be in compliance with this section if, on the 14 date the architectural paint was offered for sale, the producer is list- 15 ed on the department's website as implementing or participating in an 16 approved program or if the paint brand is listed on the department's 17 website as being included in the program. 18 (b) A paint collection site authorized under the provisions of this 19 section shall not charge any additional amount for the disposal of paint 20 when it is offered for disposal. 21 11. (a) A producer or the representative organization that organizes 22 the collection, transport and processing of postconsumer paint, in an 23 action solely to increase the recycling of architectural paint by a 24 producer, representative organization, or retailer that affects the 25 types and quantities being recycled or the cost and structure of any 26 return program shall not be liable for any claim of a violation of anti- 27 trust, restraint of trade or unfair trade practice arising from conduct 28 undertaken in accordance with the program pursuant to this section. 29 (b) Provided however, paragraph (a) of this subdivision shall not 30 apply to any agreement establishing or affecting the price of paint 31 except for the postconsumer paint collection assessment or the output or 32 production of paint or any agreement restricting the geographic area or 33 customers to which paint will be sold. 34 12. The operator of the post consumer paint collection program shall 35 update the plan, as needed, when there are changes proposed to the 36 current program. A new plan or amendment will be required to be submit- 37 ted to the department for approval when: 38 (a) there is an addition to the products covered under the program; or 39 (b) there is a revision of the program's goals; or 40 (c) every four years. 41 The operator of the postconsumer paint collection program shall notify 42 the department annually, in writing, if there are no changes proposed to 43 the program and the producer or representative organization intends to 44 continue implementation of the program as previously approved by the 45 department. 46 13. Any person who becomes a producer on or after January first, two 47 thousand twenty shall submit a plan to the department prior to selling 48 or offering for sale in the state any architectural paint, and must 49 comply with the requirements of this title. 50 § 27-2005. Reporting requirements. 51 1. On or before October fifteenth, two thousand twenty, and annually 52 thereafter, each operator of a program shall submit a report to the 53 commissioner that details the postconsumer paint collection program for 54 the prior year's program from July first to June thirtieth. The report 55 shall be posted on the department's website. The report shall be posted 56 on the website of the producer and representative organization. SaidA. 11245 5 1 report shall include a copy of the independent audit detailed in para- 2 graph (d) of this subdivision. Such annual report shall include: 3 (a) a detailed description of the methods used to collect, transport 4 and process postconsumer paint in the state including detailing 5 collection methods made available to consumers and an evaluation of the 6 program's collection convenience; 7 (b) the overall volume of postconsumer paint collected in the state; 8 (c) the volume and type of postconsumer paint collected in the state 9 by method of disposition, including reuse, recycling and other methods 10 of processing or disposal; 11 (d) the total cost of implementing the program, as determined by an 12 independent financial audit, as performed by an independent auditor; 13 (e) samples of all educational materials provided to consumers of 14 architectural paint and retailers; and 15 (f) a detailed list of efforts undertaken and an evaluation of the 16 methods used to disseminate such materials including recommendations, if 17 any, for how the educational component of the program can be improved. 18 2. The department shall submit a report regarding the implementation 19 of this title in this state to the governor and legislature by April 20 first, two thousand twenty-one and every two years thereafter. The 21 report must include, at a minimum, an evaluation of: 22 (a) the architectural paint stream in the state; 23 (b) disposal, recycling and reuse rates in the state for architectural 24 paint; 25 (c) a discussion of compliance and enforcement related to the require- 26 ments of this title; and 27 (d) recommendations for any changes to this title. 28 § 27-2007. Department responsibilities. 29 1. The department shall promulgate all necessary rules and regulations 30 including, but not limited to, standards for reuse. 31 2. The department shall (a) maintain a list of producers who are 32 implementing or participating pursuant to section 27-2003 of this title, 33 (b) maintain a list of each such producer's brands, and (c) post such 34 lists on the department's website. 35 § 2. This act shall take effect immediately.