S T A T E O F N E W Y O R K
________________________________________________________________________
6293
2011-2012 Regular Sessions
I N A S S E M B L Y
March 11, 2011
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Introduced by M. of A. SWEENEY, SCHIMEL, COLTON, COOK, P. RIVERA, ROSEN-
THAL, JAFFEE, REILLY -- Multi-Sponsored by -- M. of A. GLICK, GOTT-
FRIED, THIELE -- read once and referred to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to prod-
uct stewardship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
TITLE 29
PRODUCT STEWARDSHIP
SECTION 27-2901. DEFINITIONS.
27-2903. IDENTIFICATION OF CANDIDATE PRODUCTS; REPORT.
27-2905. NO LIMITATION OF MUNICIPAL AUTHORITY.
S 27-2901. DEFINITIONS.
AS USED IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE INDICATES, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
1. BRAND. "BRAND" MEANS A NAME, SYMBOL, WORD OR MARK THAT IDENTIFIES A
PRODUCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE
OWNER OF THE BRAND.
2. PRODUCER. "PRODUCER" MEANS A PERSON THAT:
(A) HAS LEGAL OWNERSHIP OF THE BRAND OF A PRODUCT SOLD IN OR INTO THE
STATE;
(B) IMPORTS A PRODUCT BRANDED BY A PERSON THAT MEETS THE REQUIREMENTS
OF PARAGRAPH (A) OF THIS SUBDIVISION AND HAS NO PHYSICAL PRESENCE IN THE
UNITED STATES; OR
(C) SELLS A PRODUCT IN THE STATE AT WHOLESALE OR RETAIL, DOES NOT HAVE
LEGAL OWNERSHIP OF THE BRAND OF THE PRODUCT AND ELECTS TO FULFILL THE
RESPONSIBILITIES OF THE PRODUCER FOR THAT PRODUCT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08813-04-1
A. 6293 2
3. PRODUCT. "PRODUCT" MEANS AN ITEM INTENDED FOR SALE WITHIN THE STATE
THAT IS IDENTIFIED PURSUANT TO SECTION 27-2903 OF THIS TITLE AS APPRO-
PRIATE FOR A PRODUCT STEWARDSHIP PROGRAM.
4. PRODUCT CATEGORY. "PRODUCT CATEGORY" MEANS A GROUP OF SIMILAR
PRODUCTS DESIGNATED PURSUANT TO SECTION 27-2903 OF THIS TITLE FOR THE
PURPOSE OF ESTABLISHING PRODUCT STEWARDSHIP PROGRAMS.
5. PRODUCT STEWARDSHIP. "PRODUCT STEWARDSHIP" MEANS A PRODUCER'S
TAKING RESPONSIBILITY FOR MANAGING AND REDUCING THE LIFE-CYCLE IMPACTS
OF THE PRODUCER'S PRODUCT, FROM PRODUCT DESIGN TO END-OF-LIFE MANAGE-
MENT.
6. PRODUCT STEWARDSHIP PROGRAM. "PRODUCT STEWARDSHIP PROGRAM" MEANS A
PROGRAM, FINANCED WITHOUT A FEE TO CONSUMERS, EITHER MANAGED OR PROVIDED
BY PRODUCERS AND INCLUDES, BUT IS NOT LIMITED TO, THE COLLECTION, TRANS-
PORTATION, REUSE AND RECYCLING OR DISPOSAL, OR BOTH, OF UNWANTED
PRODUCTS.
7. RECYCLE. "RECYCLE" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE
MATERIALS, COMPONENTS OR COMMODITIES CONTAINED IN WASTE FOR THE PURPOSE
OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
IN NEW PRODUCTS OR COMPONENTS THEREOF, BUT NOT FOR ENERGY RECOVERY OR
ENERGY GENERATION BY MEANS OF COMBUSTION, GASIFICATION, PYROLYSIS OR
OTHER MEANS. RECYCLING INCLUDES THE MANUAL AND MECHANICAL SEPARATION OF
ELECTRONIC WASTE TO RECOVER MATERIALS, COMPONENTS OR COMMODITIES
CONTAINED THEREIN FOR THE PURPOSE OF REUSE OR RECYCLING, AND CHANGING
THE PHYSICAL OR CHEMICAL COMPOSITION OF WASTE TO SEGREGATE COMPONENTS
FOR PURPOSES OF RECYCLING THOSE COMPONENTS.
8. REUSE. "REUSE" MEANS THE USE OF WASTE, WHICH IS TESTED AND CERTI-
FIED TO BE IN GOOD WORKING ORDER AND WHICH WAS REMOVED FROM THE WASTE
STREAM, FOR THE SAME PURPOSE FOR WHICH IT WAS MANUFACTURED, INCLUDING
THE CONTINUED USE OF WHOLE SYSTEMS OR COMPONENTS.
9. UNWANTED PRODUCT. "UNWANTED PRODUCT" MEANS A PRODUCT THAT IS NO
LONGER WANTED BY ITS OWNER OR THAT HAS BEEN ABANDONED OR DISCARDED OR IS
INTENDED TO BE DISCARDED BY ITS OWNER.
S 27-2903. IDENTIFICATION OF CANDIDATE PRODUCTS; REPORT.
1. BY JANUARY FIFTEENTH, TWO THOUSAND THIRTEEN, AND ANNUALLY THEREAFT-
ER, THE DEPARTMENT SHALL SUBMIT TO THE LEGISLATURE A REPORT ON PRODUCTS
AND PRODUCT CATEGORIES THAT WHEN GENERATED AS WASTE MAY BE APPROPRIATELY
MANAGED UNDER A PRODUCT STEWARDSHIP PROGRAM.
2. THE REPORT SHALL INCLUDE RECOMMENDATIONS FOR ESTABLISHING NEW PROD-
UCT STEWARDSHIP PROGRAMS AND SHALL IDENTIFY POTENTIAL FUNDING SOURCES
FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. THE REPORT MAY
INCLUDE RECOMMENDATIONS FOR CHANGES TO EXISTING PRODUCT STEWARDSHIP
PROGRAMS. THE DEPARTMENT MAY IDENTIFY A PRODUCT OR PRODUCT CATEGORY AS A
CANDIDATE FOR A PRODUCT STEWARDSHIP PROGRAM IF THE DEPARTMENT DETERMINES
ONE OR MORE OF THE FOLLOWING CRITERIA ARE MET:
(A) THE PRODUCT OR PRODUCT CATEGORY IS FOUND TO CONTAIN TOXINS THAT
POSE THE RISK OF AN ADVERSE IMPACT TO THE ENVIRONMENT OR PUBLIC HEALTH
AND SAFETY;
(B) A PRODUCT STEWARDSHIP PROGRAM FOR THE PRODUCT WILL INCREASE THE
RECOVERY OF MATERIALS FOR REUSE AND RECYCLING;
(C) A PRODUCT STEWARDSHIP PROGRAM WILL REDUCE THE COSTS OF WASTE
MANAGEMENT TO LOCAL GOVERNMENTS AND TAXPAYERS;
(D) THERE IS SUCCESS IN COLLECTING AND PROCESSING SIMILAR PRODUCTS IN
PROGRAMS IN OTHER STATES OR COUNTRIES; OR
(E) EXISTING VOLUNTARY PRODUCT STEWARDSHIP PROGRAMS FOR THE PRODUCT IN
THE STATE ARE NOT EFFECTIVE IN ACHIEVING THE SOLID WASTE AND RECYCLING
POLICIES OF THE STATE.
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S 27-2905. NO LIMITATION OF MUNICIPAL AUTHORITY.
NOTHING IN THIS CHAPTER IS INTENDED TO CHANGE OR LIMIT MUNICIPAL
AUTHORITY TO REGULATE COLLECTION OF SOLID WASTE, INCLUDING CURBSIDE
COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.