S T A T E O F N E W Y O R K
________________________________________________________________________
4275
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
___________
Introduced by M. of A. COLTON, DelMONTE, SCHIMEL, STIRPE, CASTRO, TOBAC-
CO -- Multi-Sponsored by -- M. of A. ALFANO, LUPARDO, TOWNS, WALKER,
WEISENBERG -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law and the general busi-
ness law, in relation to ecolabeling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 37-0113 to read as follows:
S 37-0113. ECOLABELING.
ECOLABELING AND THE FURTHER DEVELOPMENT OF ECOLABELING POLICY STAND-
ARDS OF THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) UNDER
THE ISO 14000 ENVIRONMENTAL MANAGEMENT SERIES IS REQUIRED FOR THE
FOLLOWING PRODUCTS, INCLUDING, BUT NOT LIMITED TO: ALTERNATIVE FUELED
VEHICLES (GC-2); DEGREASING AGENTS IN PRODUCTION AND MAINTENANCE OPER-
ATIONS (GS-34); COMMERCIAL AND INSTITUTIONAL CLEANING SERVICES (GS-42);
COATED PRINTING PAPER (GS-10); COMMERCIAL ADHESIVES (GS-36); ELECTRIC
CHILLERS (GS-31); ENERGY EFFICIENT LIGHTING - COMPACT FLUORESCENT LAMPS
(GS-5); FLEET VEHICLE MAINTENANCE OPERATIONS (GC-10); FOOD SERVICE PACK-
AGING (GS-35); GENERAL-PURPOSE, BATHROOM, GLASS, AND CARPET CLEANERS
USED FOR HOUSEHOLD PURPOSES (GS-8); INDUSTRIAL AND INSTITUTIONAL CLEAN-
ERS (GS-37); HAND CLEANERS AND HAND SOAPS USED FOR INDUSTRIAL AND INSTI-
TUTIONAL HAND PURPOSES (GS-41); INDUSTRIAL AND INSTITUTIONAL FLOOR
FINISHES AND FLOOR FINISH STRIPPERS (GS-40); LODGING PROPERTIES (GS-33);
NEWSPRINT (GS-15); OCCUPANCY SENSORS (GC-12); PAINTS AND COATINGS
(GS-11); PAPER PRODUCTS USED IN THE PREPARATION OF FOOD (GC-8); PAPER
TOWELS AND PAPER NAPKINS (GS-9); POWDERED LAUNDRY BLEACH (GC-11); PRINT-
ING AND WRITING PAPER (GS-7); RECYCLED CONTENT LATEX PAINT (GS-43);
RE-REFINED ENGINE OIL (GS-3); REUSABLE UTILITY BAGS (GS-16); TISSUE
PAPER (GS-1); WINDOWS (GS-13); AND WINDOW FILMS (GS-14).
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02728-01-9
A. 4275 2
S 2. The environmental conservation law is amended by adding a new
section 71-3705 to read as follows:
S 71-3705. ENFORCEMENT OF SECTION 37-0113.
1. ANY PERSON WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY
DUTY IMPOSED BY SECTION 37-0113 OF THIS CHAPTER SHALL UPON THE FIRST
FINDING OF SUCH A VIOLATION BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED
FIVE HUNDRED DOLLARS FOR EACH VIOLATION. ANY PERSON CONVICTED OF A
SECOND OR SUBSEQUENT VIOLATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT
TO EXCEED TWENTY-FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
2. PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMISSIONER
AFTER A HEARING PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS
ARTICLE. IN ASSESSING THE PENALTY UNDER THIS SECTION, THE COMMISSIONER
SHALL CONSIDER: THE NATURE AND EXTENT OF THE VIOLATION; THE NUMBER AND
SEVERITY OF THE VIOLATIONS; THE ECONOMIC EFFECT OF THE PENALTY ON THE
VIOLATOR; WHETHER THE VIOLATOR TOOK GOOD FAITH MEASURES TO COMPLY WITH
THIS CHAPTER; THE WILLFULNESS OF THE VIOLATOR'S MISCONDUCT; THE DETER-
RENT EFFECT THAT THE IMPOSITION OF THE PENALTY WOULD HAVE ON BOTH THE
VIOLATOR AND THE REGULATED COMMUNITY AS A WHOLE; AND OTHER FACTORS THAT
THE COMMISSIONER DEEMS APPROPRIATE AND RELEVANT. ANY PERSON FOUND TO
HAVE VIOLATED SECTION 37-0113 OF THIS CHAPTER MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION.
3. ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION OF
SECTION 37-0113 OF THIS CHAPTER SHALL BE PAID OVER TO THE COMMISSIONER
FOR DEPOSIT IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
4. A PERSON CHARGED WITH A VIOLATION OF THE PROVISIONS OF, OR FAILURE
TO PERFORM A DUTY IMPOSED BY SECTION 37-0113 OF THIS CHAPTER SHALL BE
PROVIDED WITH ALL SUPPORTING DOCUMENTATION RELATED TO THE ECOLABELING,
INCLUDING, BUT NOT LIMITED TO, DOCUMENTATION OF THE PROCEDURES UTILIZED
BY THE LABORATORY, COPIES OF ALL TEST RESULTS, EXEMPLARS OF THE PRODUCTS
TESTED TO THE EXTENT PRACTICABLE, AND SUCH OTHER DOCUMENTATION AND
EVIDENCE WHICH SHALL REASONABLY BE REQUIRED TO VERIFY THE ACCURACY OF
ECOLABELING IN THE DEVELOPMENT OF ECOLABELING POLICY STANDARDS OF THE
INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) UNDER THE ISO
14000.
S 3. The general business law is amended by adding a new section 399-
gg to read as follows:
S 399-GG. ECOLABELING. 1. NO PERSON, FIRM OR CORPORATION SHALL SELL OR
OFFER FOR SALE ANY PRODUCT, AS DEFINED BY SECTION 37-0113 OF THE ENVI-
RONMENTAL CONSERVATION LAW, UNLESS THERE IS PRINTED ON THE PACKAGE IN
WHICH SUCH PRODUCT IS SOLD OR OFFERED FOR SALE, AN ECOLABEL.
2. NO PERSON, FIRM OR CORPORATION SHALL ADVERTISE A PRODUCT, AS
DEFINED BY SECTION 37-0113 OF THE ENVIRONMENTAL CONSERVATION LAW, AS
BEING "GREEN", "ENVIRONMENTALLY FRIENDLY" OR ANY OTHER LABEL WHICH
SUGGESTS THE PRODUCT IS GOOD FOR THE ENVIRONMENT.
3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY NOT TO EXCEED FIVE HUNDRED DOLLARS.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the commissioner of environmental conservation, in conjunction with
the chairperson and executive director of the consumer protection board
shall promulgate any addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date.