NY State Assembly Bill 2009-A9239

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2010	print number 9239a
Jun 01, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Nov 09, 2009	referred to environmental conservation

Bill Amendments

Original

A (Active)

2009-A9239 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 20 §§27-2001 - 27-2021, En Con L; add §99-t, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: A953

2009-A9239 - Summary

Requires paint manufacturers to establish paint stewardship programs, to develop and implement strategies for reducing the generation of post-consumer paint, to promote the re-use of post-consumer paint, and to collect, transport and process post-consumer paint for end of product life management.

2009-A9239 - Sponsor Memo

                                BILL NUMBER:A9239

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to establishing a paint stewardship pilot program and to
amend the state finance law, in relation to establishing a product
stewardship fund

PURPOSE OR GENERAL IDEA OF BILL: To ensure that leftover paint and
empty containers will be managed in a manner that is protective of
human health and the environment.

SUMMARY OF SPECIFIC PROVISIONS: Article 27 of the environmental
conservation law is amended by adding a new title 20 creating the NYS
Paint Stewardship Pilot Program. To promote the development and
implementation of strategies to reduce the generation of post consumer
architectural paint, to encourage the reuse of post consumer
architectural paint, and to maximize the collection, transport, and
process of paint for end of product life management.

The plan must include a funding mechanism whereby each architectural
paint manufacturer remits to the representative organization payment
of the paint stewardship assessment for each container of
architectural paint the manufacturer sells in this state. The paint
stewardship assessment must be included in the cost of all
architectural paint sold to NY retailers and distributors. Each NY
retailer or distributor must include the assessment in the purchase

price of all architectural paint sold. To ensure that the funding
mechanism is equitable and sustainable, a uniform paint stewardship
assessment must be established by the representative organization for
all architectural paint sold in this state. The paint stewardship
assessment must be approved by the commissioner and must be sufficient
to recover, but not exceed, the costs of the paint stewardship pilot
program.

Paint manufacturers or their representative organization shall provide
consumers with educational materials regarding the paint stewardship
assessment and the paint stewardship pilot program in a manner
designed to ensure that consumers are made aware that a provision for
the operation of a paint stewardship program is included in the
purchase price of all architectural paint sold in this state.

JUSTIFICATION: Unused paint is an environmental problem that also
results in wasted resources. An estimated 10% of the more than 750
million gallons of architectural paint sold each year in the U.S.
goes unused. The implementation of an effective paint stewardship
program can reduce the environmental impact of unused paint, save
focal governments monies that are currently used in leftover paint
management efforts and create new jobs in recycling and manufacturing.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

2009-A9239 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9239

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 9, 2009
                               ___________

Introduced  by  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 paint stewardship pilot program and to amend the state
  finance law, in relation to establishing a product stewardship fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Declaration of legislative intent and findings. The legis-
lature finds and declares that it is in the public interest of the state
of New York for architectural paint manufacturers to finance and  manage
an environmentally sound, cost-effective architectural paint stewardship
pilot program, undertaking responsibility for the development and imple-
mentation of strategies to reduce the generation of post-consumer archi-
tectural  paint,  promote the reuse of post-consumer architectural paint
and collect, transport and process post-consumer architectural paint for
end-of-product-life  management,  including  reuse,  recycling,   energy
recovery and disposal.
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 20 to read as follows:
                                 TITLE 20
                     PAINT STEWARDSHIP PILOT PROGRAM
SECTION 27-2001. SHORT TITLE.
        27-2003. DECLARATION OF POLICY.
        27-2005. DEFINITIONS.
        27-2007. PARTICIPATION IN ARCHITECTURAL PAINT STEWARDSHIP  PILOT
                   PROGRAM.
        27-2009. ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
        27-2011. CONDUCT AUTHORIZED.
        27-2013. REPORTS.
        27-2015. DATA DISCLOSURE.
        27-2017. ORDERS AND ACTIONS.
        27-2019. ADMINISTRATIVE FEES.
        27-2021. REPORT TO THE LEGISLATURE.
S 27-2001. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14800-01-9

A. 9239                             2

  THIS  TITLE  SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
PAINT STEWARDSHIP PILOT PROGRAM".
S 27-2003. DECLARATION OF POLICY.
  IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY TO THE STATE OF NEW YORK
TO  PROMOTE THE   DEVELOPMENT AND IMPLEMENTATION OF STRATEGIES TO REDUCE
THE GENERATION OF POST-CONSUMER ARCHITECTURAL PAINT,  TO  ENCOURAGE  THE
REUSE   OF  POST-CONSUMER  ARCHITECTURAL  PAINT,  AND  TO  MAXIMIZE  THE
COLLECTION, TRANSPORT, AND PROCESS OF POST-CONSUMER ARCHITECTURAL  PAINT
FOR END-OF-PRODUCT-LIFE MANAGEMENT.
S 27-2005. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE  GALLONS  OR  LESS.    ARCHITECTURAL
PAINT  DOES  NOT  MEAN INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COAT-
INGS.
  2. "ARCHITECTURAL PAINT STEWARDSHIP ASSESSMENT" MEANS THE AMOUNT ADDED
TO THE PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THIS  STATE  NECES-
SARY  TO  COVER  THE COST OF COLLECTING, TRANSPORTING AND PROCESSING THE
POST-CONSUMER ARCHITECTURAL PAINT MANAGED THROUGH A STATEWIDE  ARCHITEC-
TURAL PAINT STEWARDSHIP PILOT PROGRAM.
  3.  "DISTRIBUTOR"  MEANS A COMPANY THAT HAS A CONTRACTUAL RELATIONSHIP
WITH ONE OR MORE PRODUCERS TO MARKET AND  SELL  ARCHITECTURAL  PAINT  TO
RETAILERS IN THIS STATE.
  4.  "ENERGY  RECOVERY"  MEANS  RECOVERY  IN WHICH ALL OR A PART OF THE
SOLID WASTE MATERIALS OF ARCHITECTURAL PAINT ARE PROCESSED  TO  USE  THE
HEAT CONTENT OR OTHER FORMS OF ENERGY FROM THE SOLID WASTE MATERIALS.
  5.  "POST-CONSUMER  ARCHITECTURAL PAINT" MEANS ARCHITECTURAL PAINT NOT
USED AND NO LONGER WANTED BY ITS PURCHASER.
  6. "PRODUCER" MEANS A PERSON  THAT  MANUFACTURES  ARCHITECTURAL  PAINT
THAT IS SOLD OR OFFERED FOR SALE IN THIS STATE.
  7.  "RECYCLING"  MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS AND BY-PRODUCTS ARE TRANSFORMED  INTO  NEW  USABLE  OR  MARKETABLE
MATERIALS  IN  A  MANNER  IN  WHICH THE PRODUCTS MAY LOSE THEIR ORIGINAL
COMPOSITION.   RECYCLING DOES NOT  INCLUDE  ENERGY  RECOVERY  OR  ENERGY
GENERATION  BY  MEANS  OF  COMBUSTING DISCARDED PRODUCTS, COMPONENTS AND
BY-PRODUCTS WITH OR WITHOUT  OTHER  WASTE  PRODUCTS  FROM  POST-CONSUMER
ARCHITECTURAL PAINT.
  8. "RETAILER" MEANS ANY PERSON THAT SELLS OR OFFERS FOR SALE ARCHITEC-
TURAL PAINT AT RETAIL IN THIS STATE.
  9.  "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE USE OF THE PRODUCT,
WITHOUT A CHANGE IN THE PRODUCT'S ORIGINAL COMPOSITION.
  10. "SELL" OR "SALE" MEANS ANY TRANSFER OF  TITLE  FOR  CONSIDERATION,
INCLUDING  REMOTE SALES CONDUCTED THROUGH SALES OUTLETS, CATALOGS OR THE
INTERNET OR THROUGH ANY OTHER SIMILAR ELECTRONIC MEANS.
  11.  "SOUND MANAGEMENT PRACTICES" MEANS POLICIES TO BE IMPLEMENTED  BY
A  PRODUCER  OR A STEWARDSHIP ORGANIZATION TO ENSURE COMPLIANCE WITH ALL
APPLICABLE LAWS AND THAT ADDRESS:
  (A) ADEQUATE RECORD KEEPING;
  (B) THE TRACKING AND DOCUMENTATION OF THE USE, REUSE  OR  DISPOSAL  OF
POST-CONSUMER  ARCHITECTURAL  PAINT  WITHIN  THIS STATE AND OUTSIDE THIS
STATE; AND
  (C)  ADEQUATE  ENVIRONMENTAL  LIABILITY  COVERAGE   FOR   PROFESSIONAL
SERVICES  AND FOR THE OPERATIONS OF CONTRACTORS WORKING FOR PRODUCERS OR
A STEWARDSHIP ORGANIZATION.

A. 9239                             3

  12. "STEWARDSHIP ORGANIZATION" MEANS A CORPORATION,  NONPROFIT  ORGAN-
IZATION  OR OTHER LEGAL ENTITY CREATED BY A PRODUCER OR GROUP OF PRODUC-
ERS TO IMPLEMENT  THE  ARCHITECTURAL  PAINT  STEWARDSHIP  PILOT  PROGRAM
DESCRIBED IN THIS TITLE.
S 27-2007. PARTICIPATION   IN   ARCHITECTURAL  PAINT  STEWARDSHIP  PILOT
             PROGRAM.
  1. A PRODUCER OR RETAILER MAY NOT SELL OR OFFER FOR SALE ARCHITECTURAL
PAINT TO ANY PERSON IN THIS STATE UNLESS THE PRODUCER  IS  PARTICIPATING
IN  A  STATEWIDE ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM ORGANIZED
BY A STEWARDSHIP ORGANIZATION. A RETAILER IS  IN  COMPLIANCE  WITH  THIS
SECTION  IF,  ON  THE  DATE THE ARCHITECTURAL PAINT WAS ORDERED FROM THE
PRODUCER OR ITS AGENT, THE WEBSITE MAINTAINED BY  THE  DEPARTMENT  LISTS
THE  PRODUCER, ALONG WITH THE PRODUCER'S PRODUCT BRAND, AS PARTICIPATING
IN AN ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
  2. AT THE TIME OF SALE TO A CONSUMER, A PRODUCER OR  RETAILER  SELLING
OR  OFFERING FOR SALE ARCHITECTURAL PAINT MUST PROVIDE THE CONSUMER WITH
INFORMATION ON AVAILABLE END-OF-PRODUCT-LIFE MANAGEMENT OPTIONS  OFFERED
THROUGH AN ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
S 27-2009. ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
  1.  NO  LATER THAN MARCH FIRST, TWO THOUSAND TEN, A STEWARDSHIP ORGAN-
IZATION MUST SUBMIT A PLAN FOR A STATEWIDE ARCHITECTURAL PAINT  STEWARD-
SHIP PILOT PROGRAM TO THE COMMISSIONER FOR APPROVAL.
  2. THE PLAN SHALL:
  (A)  PROVIDE  FOR  CONVENIENT  AND  AVAILABLE  STATEWIDE COLLECTION OF
POST-CONSUMER ARCHITECTURAL PAINT IN  URBAN  AND  RURAL  AREAS  OF  THIS
STATE;
  (B) IDENTIFY EACH PRODUCER PARTICIPATING IN THE PROGRAM AND THE BRANDS
OF ARCHITECTURAL PAINT SOLD BY EACH PRODUCER; AND
  (C)  INCLUDE  A  FUNDING  MECHANISM  WHEREBY  EACH ARCHITECTURAL PAINT
PRODUCER REMITS TO THE STEWARDSHIP ORGANIZATION PAYMENT OF AN  ARCHITEC-
TURAL  PAINT  STEWARDSHIP ASSESSMENT FOR EACH CONTAINER OF ARCHITECTURAL
PAINT THE PRODUCER SELLS IN THIS STATE. THE ARCHITECTURAL PAINT STEWARD-
SHIP ASSESSMENT MUST BE ADDED TO THE COST  OF  ALL  ARCHITECTURAL  PAINT
SOLD  TO  NEW  YORK  STATE RETAILERS AND DISTRIBUTORS, AND EACH NEW YORK
STATE RETAILER OR DISTRIBUTOR SHALL ADD THE ASSESSMENT TO  THE  PURCHASE
PRICE  OF ALL ARCHITECTURAL PAINT SOLD IN THIS STATE.  THE ARCHITECTURAL
PAINT STEWARDSHIP ASSESSMENT MAY NOT BE DESCRIBED AS A  NEW  YORK  STATE
RECYCLING  FEE  AT  THE POINT OF RETAIL, AND A FEE MAY NOT BE CHARGED TO
THE CONSUMER AT THE POINT OF COLLECTION OF  POST-CONSUMER  ARCHITECTURAL
PAINT.  TO  ENSURE THAT THE FUNDING MECHANISM IS EQUITABLE AND SUSTAINA-
BLE, A UNIFORM ARCHITECTURAL PAINT STEWARDSHIP ASSESSMENT MUST BE ESTAB-
LISHED FOR ALL ARCHITECTURAL PAINT SOLD IN THIS STATE. THE ARCHITECTURAL
PAINT STEWARDSHIP ASSESSMENT MUST BE APPROVED  BY  THE  COMMISSIONER  AS
PART  OF THE PLAN AND MUST BE SUFFICIENT TO RECOVER, BUT NOT EXCEED, THE
COSTS OF THE ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
  3. BEGINNING NO LATER THAN JULY FIRST, TWO THOUSAND TEN, OR TWO MONTHS
AFTER THE PLAN IS APPROVED  AS  PROVIDED  IN  SUBDIVISION  ONE  OF  THIS
SECTION, WHICHEVER OCCURS FIRST, THE STEWARDSHIP ORGANIZATION MUST:
  (A)   IMPLEMENT  AN  ARCHITECTURAL  PAINT  STEWARDSHIP  PILOT  PROGRAM
DESCRIBED IN THE PLAN;
  (B) PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION  OF  STRATEGIES  TO
REDUCE THE GENERATION OF POST-CONSUMER ARCHITECTURAL PAINT; AND
  (C)  PROMOTE THE REUSE OF POST-CONSUMER ARCHITECTURAL PAINT AND UNDER-
TAKE THE  RESPONSIBILITY  OF  NEGOTIATING  AND  EXECUTING  CONTRACTS  TO
COLLECT,  TRANSPORT,  RECYCLE  AND  PROCESS  POST-CONSUMER ARCHITECTURAL

A. 9239                             4

PAINT FOR END-OF-PRODUCT-LIFE MANAGEMENT THAT INCLUDES RECYCLING, ENERGY
RECOVERY AND DISPOSAL USING SOUND MANAGEMENT  PRACTICES.
  4.  A  STEWARDSHIP  ORGANIZATION SHALL PROMOTE THE ARCHITECTURAL PAINT
STEWARDSHIP PILOT PROGRAM AND PROVIDE CONSUMERS WITH EDUCATIONAL MATERI-
ALS DESCRIBING COLLECTION OPPORTUNITIES FOR POST-CONSUMER  ARCHITECTURAL
PAINT  AND  INFORMATION PROMOTING WASTE PREVENTION, REUSE AND RECYCLING.
THE EDUCATIONAL MATERIALS MUST ALSO MAKE CONSUMERS  AWARE  THAT  FUNDING
FOR  THE  OPERATION OF THE ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM
HAS BEEN ADDED TO THE PURCHASE PRICE OF ALL ARCHITECTURAL PAINT SOLD  IN
THIS STATE.
S 27-2011. CONDUCT AUTHORIZED.
  1.    A  STEWARDSHIP  ORGANIZATION  OPERATING  AN  ARCHITECTURAL PAINT
STEWARDSHIP PILOT PROGRAM  PURSUANT  TO  THIS  TITLE,  APPROVED  BY  THE
DEPARTMENT  AND SUBJECT TO THE REGULATORY SUPERVISION OF THE DEPARTMENT,
IS GRANTED IMMUNITY FROM FEDERAL AND STATE ANTITRUST LAWS FOR THE LIMIT-
ED PURPOSE OF ESTABLISHING AND OPERATING AN ARCHITECTURAL PAINT STEWARD-
SHIP PILOT PROGRAM. THE ACTIVITIES OF THE STEWARDSHIP ORGANIZATION  THAT
COMPLY  WITH  THE PROVISIONS OF THIS SECTION MAY NOT BE CONSIDERED TO BE
IN RESTRAINT OF TRADE, A CONSPIRACY OR COMBINATION OR ANY OTHER UNLAWFUL
ACTIVITY IN VIOLATION OF ANY PROVISIONS OF STATE  OR  FEDERAL  ANTITRUST
LAWS.
  2. THE DEPARTMENT SHALL ACTIVELY SUPERVISE THE CONDUCT OF THE STEWARD-
SHIP  ORGANIZATION,  INCLUDING  BUT  NOT  LIMITED  TO CONDUCT RELATED TO
PAYMENTS MADE BY ARCHITECTURAL PAINT PRODUCERS TO THE STEWARDSHIP ORGAN-
IZATION FOR THE ARCHITECTURAL PAINT STEWARDSHIP ASSESSMENT DESCRIBED  IN
SECTION  27-2009  OF THIS TITLE. THE DEPARTMENT MAY REQUIRE THE STEWARD-
SHIP ORGANIZATION TO  TAKE  WHATEVER  ACTION  THE  DEPARTMENT  CONSIDERS
NECESSARY TO:
  (A)  ENSURE  THAT  THE STEWARDSHIP ORGANIZATION IS ENGAGING IN CONDUCT
AUTHORIZED UNDER THIS SECTION;
  (B) ENSURE THAT THE POLICIES OF THIS STATE ARE BEING FULFILLED  BY  AN
ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM; AND
  (C) ENJOIN CONDUCT THAT IS NOT AUTHORIZED BY THE DEPARTMENT OR CONDUCT
THAT  THE  DEPARTMENT FINDS DOES NOT ADVANCE THE INTERESTS OF THIS STATE
IN CARRYING OUT THE ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
  3. THE COMMISSIONER MAY DESIGNATE EMPLOYEES OF THE DEPARTMENT TO CARRY
OUT THE RESPONSIBILITY  OF  ACTIVELY  SUPERVISING  THE  CONDUCT  OF  THE
STEWARDSHIP ORGANIZATION.
  4.  THE  DEPARTMENT  IS  AUTHORIZED  TO PROMULGATE ANY RULES AND REGU-
LATIONS NEEDED TO IMPLEMENT THIS TITLE.
S 27-2013. REPORTS.
  NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND ELEVEN, AND  BY  SEPTEMBER
FIRST  OF EACH SUBSEQUENT YEAR, A STEWARDSHIP ORGANIZATION MUST SUBMIT A
REPORT TO THE COMMISSIONER DESCRIBING THE ARCHITECTURAL  PAINT  STEWARD-
SHIP PILOT PROGRAM APPROVED BY THE COMMISSIONER UNDER SECTION 27-2009 OF
THIS TITLE.  AT A MINIMUM, THE REPORT SHALL CONTAIN:
  1.  A  DESCRIPTION  OF THE METHODS USED TO COLLECT, TRANSPORT, RECYCLE
AND PROCESS POST-CONSUMER ARCHITECTURAL PAINT IN THIS STATE;
  2. THE VOLUME AND TYPE OF POST-CONSUMER ARCHITECTURAL PAINT  COLLECTED
IN ALL REGIONS OF THIS STATE;
  3.  THE  VOLUME OF POST-CONSUMER ARCHITECTURAL PAINT COLLECTED IN THIS
STATE BY METHOD  OF  DISPOSITION,  INCLUDING  REUSE,  RECYCLING,  ENERGY
RECOVERY AND DISPOSAL;
  4. AN INDEPENDENT FINANCIAL AUDIT OF THE PROGRAM;
  5. A DESCRIPTION OF PROGRAM COSTS;
  6. AN EVALUATION OF THE OPERATION OF THE PROGRAM'S FUNDING MECHANISM;

A. 9239                             5

  7. SAMPLES OF EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OF ARCHITEC-
TURAL  PAINT,  AN  EVALUATION  OF  THE METHODS USED TO DISSEMINATE THOSE
MATERIALS AND AN ASSESSMENT OF THE EFFECTIVENESS OF  THE  EDUCATION  AND
OUTREACH, INCLUDING LEVELS OF WASTE PREVENTION AND REUSE; AND
  8.  AN  ANALYSIS OF THE ENVIRONMENTAL COSTS AND BENEFITS OF COLLECTING
AND RECYCLING LATEX PAINT.
S 27-2015. DATA DISCLOSURE.
  THE DEPARTMENT MAY NOT DISCLOSE DATA REPORTED BY A STEWARDSHIP  ORGAN-
IZATION UNDER SECTION 27-2013 OF THIS TITLE. THE DEPARTMENT MAY DISCLOSE
INFORMATION  CONTAINED  IN  THE RECORDS OBTAINED BY THE DEPARTMENT UNDER
SUCH SECTION IN AGGREGATE FORM.
S 27-2017. ORDERS AND ACTIONS.
  1. THE DEPARTMENT MAY ISSUE AN ORDER  REQUIRING  COMPLIANCE  WITH  THE
PROVISIONS OF THIS TITLE.
  2. THE DEPARTMENT MAY BRING AN ACTION AGAINST ANY PRODUCER OR STEWARD-
SHIP ORGANIZATION IN VIOLATION OF THE PROVISIONS OF THIS TITLE.
S 27-2019. ADMINISTRATIVE FEES.
  1.  THE  DEPARTMENT  SHALL  CHARGE  THE FOLLOWING FEES TO BE PAID BY A
STEWARDSHIP ORGANIZATION FOR ADMINISTERING THE PROVISIONS OF THIS TITLE:
  (A) TEN THOUSAND DOLLARS WHEN THE PLAN SPECIFIED IN SECTION 27-2009 OF
THIS TITLE IS SUBMITTED TO THE DEPARTMENT; AND
  (B) TEN THOUSAND DOLLARS EACH YEAR THEREAFTER FOR ADMINISTRATIVE COSTS
RELATED TO THE ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM.
  2. THE DEPARTMENT MAY ESTABLISH A SCHEDULE OF FEES IN LIEU OF THE FEES
SPECIFIED IN SUBDIVISION ONE OF THIS SECTION THAT IS BASED ON AN AVERAGE
OF THE RESULTS OF THE FINANCIAL AUDITS DESCRIBED IN SECTION  27-2013  OF
THIS  TITLE AND THAT DO NOT EXCEED 0.05 PERCENT OF THE AVERAGE ARCHITEC-
TURAL PAINT STEWARDSHIP PILOT PROGRAM COSTS REPORTED  IN  THE  FINANCIAL
AUDITS.
  3. FEES COLLECTED BY THE DEPARTMENT UNDER THIS SECTION SHALL BE DEPOS-
ITED   IN   THE  PRODUCT  STEWARDSHIP  FUND  ESTABLISHED  UNDER  SECTION
NINETY-NINE-T OF THE STATE FINANCE LAW.
  S 27-2021. REPORT TO THE LEGISLATURE.
  NO LATER THAN OCTOBER FIRST, TWO  THOUSAND  ELEVEN,  THE  COMMISSIONER
SHALL  SUBMIT  A REPORT TO THE LEGISLATURE DESCRIBING THE RESULTS OF THE
ARCHITECTURAL PAINT STEWARDSHIP PILOT PROGRAM AND  RECOMMENDING  WHETHER
THE  PROGRAM SHOULD BE MADE PERMANENT AND ANY MODIFICATIONS NECESSARY TO
IMPROVE ITS FUNCTIONING AND EFFICIENCY.  THE  REPORT  SHALL  INCLUDE  AN
ACCOUNTING  OF  THE  ADMINISTRATIVE  FEES  PAID  BY THE PRODUCERS TO THE
DEPARTMENT UNDER SECTION 27-2019 OF THIS TITLE.
  S 3. The state finance law is amended by adding a new section 99-t  to
read as follows:
  S  99-T.  PRODUCT  STEWARDSHIP FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "PRODUCT  STEWARDSHIP
FUND".
  2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS DEPOSITED INTO SUCH FUND BY
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION 27-2019
OF THE ENVIRONMENTAL CONSERVATION LAW, ALL MONEYS APPROPRIATED  FOR  THE
PURPOSE  OF  SUCH  FUND,  AND  ALL  OTHER MONEYS RECEIVED BY THE FUND OR
DONATED TO IT.
  3. MONEYS OF SUCH FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER  OF
ENVIRONMENTAL  CONSERVATION  AND SHALL BE USED FOR THE PURPOSE OF PAYING
ANY COSTS INVOLVED WITH IMPLEMENTING THE PROVISIONS  PROVIDED  IN  TITLE
TWENTY OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 4. This act shall take effect immediately.

2009-A9239A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 20 §§27-2001 - 27-2021, En Con L; add §99-t, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: A953

2009-A9239A (ACTIVE) - Summary

2009-A9239A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9239--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 9, 2009
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Environmental Conservation -- recommitted to the  Commit-
  tee  on Environmental Conservation in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a paint stewardship pilot program and to amend the  state
  finance law, in relation to establishing a product stewardship fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Declaration of legislative intent and findings. The  legis-
lature finds and declares that it is in the public interest of the state
of  New  York for architectural paint producers to finance and manage an
environmentally sound, cost-effective  architectural  paint  stewardship
pilot program, undertaking responsibility for the development and imple-
mentation of strategies to reduce the generation of post-consumer archi-
tectural  paint,  promote the reuse of post-consumer architectural paint
and collect, transport and process post-consumer architectural paint for
end-of-product-life management, including reuse and recycling.
  S 2. Article 27 of the environmental conservation law  is  amended  by
adding a new title 20 to read as follows:
                                 TITLE 20
                     PAINT STEWARDSHIP PILOT PROGRAM
SECTION 27-2001. SHORT TITLE.
        27-2003. DECLARATION OF POLICY.
        27-2005. DEFINITIONS.
        27-2007. PRODUCER COLLECTION.
        27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
        27-2011. RETAILER REQUIREMENTS.
        27-2013. DEPARTMENT RESPONSIBILITIES.
        27-2015. REPORTING REQUIREMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14800-02-0

A. 9239--A                          2

S 27-2001. SHORT TITLE.
  THIS  TITLE  SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
PAINT STEWARDSHIP PILOT PROGRAM".
S 27-2003. DECLARATION OF POLICY.
  IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THE STATE OF NEW YORK
TO PROMOTE THE DEVELOPMENT AND IMPLEMENTATION OF  STRATEGIES  TO  REDUCE
THE  GENERATION  OF  POST-CONSUMER ARCHITECTURAL PAINT, TO ENCOURAGE THE
REUSE  OF  POST-CONSUMER  ARCHITECTURAL  PAINT,  AND  TO  MAXIMIZE   THE
COLLECTION,  TRANSPORT, AND PROCESS OF POST-CONSUMER ARCHITECTURAL PAINT
FOR END-OF-PRODUCT-LIFE MANAGEMENT.
S 27-2005. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "ARCHITECTURAL PAINT" MEANS  INTERIOR  AND  EXTERIOR  ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
DOES NOT MEAN INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2.  "CONSUMER"  MEANS  A  PERSON LOCATED IN THE STATE WHO OWNS OR USES
ARCHITECTURAL PAINT, INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL, A BUSI-
NESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT ORGANIZATION,  OR
GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED IN A WHOLE-
SALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
  3.  "DISTRIBUTOR"  MEANS A COMPANY THAT HAS A CONTRACTUAL RELATIONSHIP
WITH ONE OR MORE PRODUCERS TO MARKET AND  SELL  ARCHITECTURAL  PAINT  TO
RETAILERS IN THIS STATE.
  4. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, COMPA-
NY,  CORPORATION,  NOT-FOR-PROFIT CORPORATION, ASSOCIATION, GOVERNMENTAL
ENTITY, PUBLIC BENEFIT CORPORATION, PUBLIC  AUTHORITY,  FIRM,  ORGANIZA-
TION,  OR  ANY OTHER GROUP OF INDIVIDUALS, OR ANY OFFICER OR EMPLOYEE OR
AGENT THEREOF.
  5. "POST-CONSUMER ARCHITECTURAL PAINT" MEANS ARCHITECTURAL  PAINT  NOT
USED AND NO LONGER WANTED BY ITS PURCHASER.
  6.  "PRODUCER"  MEANS  A  PERSON THAT MANUFACTURES ARCHITECTURAL PAINT
THAT IS SOLD OR OFFERED FOR SALE IN THIS STATE.
  7. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED  PRODUCTS,  COMPO-
NENTS  AND  BY-PRODUCTS  ARE  TRANSFORMED  INTO NEW USABLE OR MARKETABLE
MATERIALS IN A MANNER IN WHICH THE  PRODUCTS  MAY  LOSE  THEIR  ORIGINAL
COMPOSITION. RECYCLING DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENER-
ATION  BY MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS AND BY-PRO-
DUCTS WITH OR WITHOUT OTHER WASTE PRODUCTS FROM POST-CONSUMER  ARCHITEC-
TURAL PAINT.
  8. "RETAILER" MEANS ANY PERSON THAT SELLS OR OFFERS FOR SALE ARCHITEC-
TURAL PAINT AT RETAIL IN THIS STATE.
  9.  "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE USE OF THE PRODUCT,
WITHOUT A CHANGE IN THE PRODUCT'S ORIGINAL COMPOSITION.
  10. "SELL" OR "SALE" MEANS ANY TRANSFER OF  TITLE  FOR  CONSIDERATION,
INCLUDING  REMOTE SALES CONDUCTED THROUGH SALES OUTLETS, CATALOGS OR THE
INTERNET OR THROUGH ANY OTHER SIMILAR ELECTRONIC MEANS.
S 27-2007. PRODUCER COLLECTION.
  1. BEGINNING JULY FIRST,  TWO  THOUSAND  ELEVEN,  A  RETAILER/PRODUCER
SHALL ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE ARCHITECTURAL PAINT FOR
WHICH  IT  IS THE PRODUCER WITH THE PURCHASE OF ARCHITECTURAL PAINT BY A
CONSUMER.
  2. BEGINNING JULY FIRST,  TWO  THOUSAND  TWELVE,  A  RETAILER/PRODUCER
SHALL  ACCEPT  FOR DISPOSAL AND RECYCLING OR REUSE ANY/ALL ARCHITECTURAL
PAINT FOR WHICH IT IS THE PRODUCER.
S 27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.

A. 9239--A                          3

  1. A PRODUCER SHALL SUBMIT A REGISTRATION TO THE DEPARTMENT BY JANUARY
FIRST, TWO THOUSAND ELEVEN, ALONG WITH A REGISTRATION FEE OF FIVE  THOU-
SAND DOLLARS. SUCH REGISTRATION SHALL INCLUDE:
  (A) THE PRODUCER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
  (B)  THE  NAME  AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
DESIGNATED AS THE PRODUCER'S CONTACT FOR PURPOSES OF THIS TITLE;
  (C) A LIST IDENTIFYING THE PRODUCER'S BRANDS;
  (D) A GENERAL DESCRIPTION OF THE MANNER IN  WHICH  THE  PRODUCER  WILL
COMPLY  WITH  SECTION 27-2007 OF THIS TITLE, INCLUDING SPECIFIC INFORMA-
TION ON THE PRODUCER'S ARCHITECTURAL PAINT  ACCEPTANCE  PROGRAM  IN  THE
STATE,  AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS
MAY RETURN ARCHITECTURAL PAINT;
  (E) SALES DATA FOR THE PRODUCER'S ARCHITECTURAL  PAINT  SOLD  IN  THIS
STATE  FOR  THE  PREVIOUS  THREE  CALENDAR YEARS, IF THE PRODUCER CANNOT
PROVIDE ACCURATE STATE SALES DATA, IT SHALL EXPLAIN WHY SUCH DATA CANNOT
BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS  NATIONAL
SALES  DATA  BY  THE  NATIONAL  POPULATION  ACCORDING TO THE MOST RECENT
CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION  OF  THE  STATE,  OR
(II) ANOTHER METHOD APPROVED BY THE DEPARTMENT; AND
  (F) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
  2.  A  PRODUCER'S  REGISTRATION SHALL BE UPDATED WITHIN THIRTY DAYS OF
ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED BY THE REGISTRATION.
  3. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND  ELEVEN  SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING OR
OFFERING FOR SALE IN THE STATE ANY ARCHITECTURAL PAINT, AND MUST  COMPLY
WITH THE REQUIREMENTS OF THIS TITLE.
  4. NO LATER THAN JULY FIRST, TWO THOUSAND ELEVEN, A PRODUCER SHALL NOT
SELL  OR  OFFER  FOR  SALE  ARCHITECTURAL  PAINT IN THE STATE UNLESS THE
PRODUCER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS  AN  ARCHITEC-
TURAL  PAINT  ACCEPTANCE  PROGRAM  THROUGH  WHICH  THE  PRODUCER, EITHER
DIRECTLY OR THROUGH AN AGENT OR DESIGNEE,  ACCEPTS  ARCHITECTURAL  PAINT
FROM  CONSUMERS  IN  THE  STATE  FOR  DISPOSAL,  REUSE OR RECYCLING. THE
PRODUCER SHALL ENSURE THAT RETAILERS ARE NOTIFIED OF SUCH  REGISTRATION.
THE  PRODUCER  SHALL  NOT  IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION,
HANDLING AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT.
  5. THE ARCHITECTURAL PAINT ACCEPTANCE  PROGRAM  SHALL  INCLUDE,  AT  A
MINIMUM:
  (A) COLLECTION, DISPOSAL AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT
PRODUCED  BY THE PRODUCER AND OFFERED FOR RETURN BY ANY CONSUMER IN THIS
STATE, FREE OF COST AND IN A MANNER CONVENIENT TO CONSUMERS. THE FOLLOW-
ING ACCEPTANCE METHODS SHALL BE CONSIDERED REASONABLY CONVENIENT:    (I)
MAIL  OR SHIP BACK RETURN PROGRAMS; (II) COLLECTION OR ACCEPTANCE EVENTS
CONDUCTED BY THE PRODUCER OR THE PRODUCER'S AGENT OR DESIGNEE, INCLUDING
EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS  OR  PRIVATE  PARTIES;  (III)
FIXED  ACCEPTANCE  LOCATIONS SUCH AS DEDICATED ACCEPTANCE SITES OPERATED
BY THE PRODUCER OR ITS AGENT OR DESIGNEE;  (IV)  AGREEMENTS  WITH  LOCAL
GOVERNMENTS,  RETAIL  STORES, SALES OUTLETS AND NOT-FOR-PROFIT ORGANIZA-
TIONS WHICH HAVE AGREED TO PROVIDE  FACILITIES  FOR  THE  COLLECTION  OF
ARCHITECTURAL  PAINT;  (V)  COMMUNITY  COLLECTION  EVENTS;  AND (VI) ANY
COMBINATION OF THESE  OR  OTHER  ACCEPTANCE  METHODS  WHICH  EFFECTIVELY
PROVIDE FOR THE ACCEPTANCE OF ARCHITECTURAL PAINT FOR RECYCLING OR REUSE
THROUGH  MEANS THAT ARE AVAILABLE AND REASONABLY CONVENIENT TO CONSUMERS
IN THE STATE.  AT A MINIMUM, THE PRODUCER SHALL ENSURE THAT ALL COUNTIES
OF THE STATE AND ALL MUNICIPALITIES WHICH HAVE A POPULATION OF TEN THOU-
SAND OR GREATER HAVE AT LEAST ONE METHOD OF ACCEPTANCE THAT IS AVAILABLE

A. 9239--A                          4

WITHIN  THAT  MUNICIPALITY.  THE  DEPARTMENT  MAY  ESTABLISH  ADDITIONAL
REQUIREMENTS TO ENSURE CONVENIENT COLLECTION FROM CONSUMERS;
  (B)  A  PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE PRODUC-
ER'S ARCHITECTURAL PAINT ACCEPTANCE PROGRAM, INCLUDING AT A  MINIMUM  AN
INTERNET  WEBSITE  AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMA-
TION INCLUDED IN THE PACKAGE FOR, OR AT THE TIME OF SALE  OF,  ARCHITEC-
TURAL  PAINT THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW A CONSUMER OF
ARCHITECTURAL PAINT TO LEARN HOW TO  RETURN  SUCH  PAINT  FOR  DISPOSAL,
RECYCLING OR REUSE; AND
  (C)  ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
  6. A PRODUCER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH THE
PROVISIONS  OF  THIS  TITLE  AND  MAKE  THEM  AVAILABLE  FOR  AUDIT  AND
INSPECTION BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS.
  7.  A PRODUCER MAY SATISFY THE ARCHITECTURAL PAINT COLLECTION REQUIRE-
MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A COLLECTIVE  ARCHI-
TECTURAL PAINT ACCEPTANCE PROGRAM WITH OTHER PRODUCERS. ANY SUCH COLLEC-
TIVE   ARCHITECTURAL  PAINT  ACCEPTANCE  PROGRAM  SHALL  MEET  THE  SAME
REQUIREMENTS AS AN INDIVIDUAL  PRODUCER.  ANY  ARCHITECTURAL  ACCEPTANCE
PROGRAM SHALL INCLUDE A LIST OF PRODUCERS THAT ARE PARTICIPATING IN SUCH
PROGRAM  ALONG  WITH OTHER IDENTIFYING INFORMATION AS MAY BE REQUIRED BY
THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGISTRATION TO THE  DEPART-
MENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND DOLLARS.
  8.  A  PRODUCER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE
IMPLEMENTATION OF THE ARCHITECTURAL PAINT ACCEPTANCE PROGRAM.
S 27-2011. RETAILER REQUIREMENTS.
  1. AT THE LOCATION OF SALE OF ARCHITECTURAL PAINT,  A  RETAILER  SHALL
PROVIDE  PURCHASERS  OF  ARCHITECTURAL  PAINT  WITH INFORMATION, IF ANY,
ABOUT OPPORTUNITIES FOR THE RETURN OF ARCHITECTURAL PAINT THAT HAS  BEEN
PROVIDED TO THE RETAILER BY A PRODUCER.
  2. NO RETAILER SHALL SELL OR OFFER FOR SALE IN THE STATE ANY ARCHITEC-
TURAL PAINT UNLESS THE PRODUCER AND THE PRODUCER'S BRANDS ARE REGISTERED
WITH THE DEPARTMENT PURSUANT TO SECTION 27-2009 OF THIS TITLE.
S 27-2013. DEPARTMENT RESPONSIBILITIES.
  1.  THE  DEPARTMENT  SHALL PROMULGATE RULES AND REGULATIONS INCLUDING,
BUT NOT LIMITED TO, STANDARDS FOR REUSE AND ACCEPTABLE ALTERNATIVE METH-
ODS FOR THE DETERMINATION OF STATE SALES DATA.
  2. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
REGISTERED  PURSUANT  TO  SECTION  27-2009 OF THIS TITLE, (B) MAINTAIN A
LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C)  POST  SUCH  LISTS  ON  THE
DEPARTMENT'S WEBSITE.
S 27-2015. REPORTING REQUIREMENTS.
  1. BEGINNING MARCH FIRST, TWO THOUSAND ELEVEN, FOR THE PREVIOUS CALEN-
DAR  YEAR  AND ANNUALLY THEREAFTER, A PRODUCER THAT OFFERS ARCHITECTURAL
PAINT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE DEPARTMENT  ON
A FORM PRESCRIBED BY THE DEPARTMENT THAT INCLUDES THE FOLLOWING:
  (A)  SALES  DATA  FOR  THE PRODUCER'S ARCHITECTURAL PAINT SOLD IN THIS
STATE FOR THE PREVIOUS THREE CALENDAR  YEARS.  IF  THE  PRODUCER  CANNOT
PROVIDE ACCURATE STATE SALES DATA, IT SHALL EXPLAIN WHY SUCH DATA CANNOT
BE  PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS NATIONAL
SALES DATA BY WEIGHT BY THE NATIONAL POPULATION ACCORDING  TO  THE  MOST
RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF THE STATE,
OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
  (B)  THE QUANTITY OF ARCHITECTURAL PAINT COLLECTED FOR DISPOSAL, RECY-
CLING OR REUSE IN THIS STATE DURING THE PRECEDING CALENDAR YEAR AND  THE

A. 9239--A                          5

METHODS  USED  TO ACCEPT SUCH PAINT AND THE APPROXIMATE WEIGHT OF ARCHI-
TECTURAL PAINT ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
  (C)  INFORMATION  DETAILING  THE  ACCEPTANCE METHODS MADE AVAILABLE TO
CONSUMERS IN MUNICIPALITIES WHICH HAVE A POPULATION OF GREATER THAN  TEN
THOUSAND AND IN EACH COUNTY OF THE STATE;
  (D)  A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM INCLUDING THE
NUMBER OF VISITS TO THE INTERNET WEBSITE  AND  CALLS  TO  THE  TOLL-FREE
TELEPHONE NUMBER PROVIDED BY THE PRODUCER AS REQUIRED BY SECTION 27-2009
OF THIS TITLE;
  (E) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
  (F) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
THE ACCURACY OF THE REPORT.
  2. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
THOUSAND DOLLARS.
  3.  THE  DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
OF THIS TITLE IN THIS STATE TO THE GOVERNOR  AND  LEGISLATURE  BY  APRIL
FIRST,  TWO  THOUSAND  ELEVEN AND EVERY TWO YEARS THEREAFTER. THE REPORT
MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF:
  (A) THE ARCHITECTURAL PAINT STREAM IN THE STATE;
  (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR ARCHITECTURAL
PAINT;
  (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
MENTS OF THIS TITLE; AND
  (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
  S 3. This act shall take effect immediately.

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Assembly Bill A9239

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A9239 - Details

2009-A9239 - Summary

2009-A9239 - Sponsor Memo

2009-A9239 - Bill Text download pdf

2009-A9239A (ACTIVE) - Details

2009-A9239A (ACTIVE) - Summary

2009-A9239A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9239

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Sponsored By

PEOPLES-STOKES

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A9239 - Details

2009-A9239 - Summary

2009-A9239 - Sponsor Memo

2009-A9239 - Bill Text download pdf

2009-A9239A (ACTIVE) - Details

2009-A9239A (ACTIVE) - Summary

2009-A9239A (ACTIVE) - Bill Text download pdf

Comments