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.