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A11245 Summary:

BILL NOA11245
 
SAME ASSAME AS S09106
 
SPONSORPeoples-Stokes
 
COSPNSRStirpe, 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
 
MLTSPNSR
 
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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A11245 Text:



 
                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.
                                                                   LBD16339-04-8

        A. 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 program

        A. 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 posted

        A. 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.    Said

        A. 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.
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