Assembly Bill A3346A

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

                                 3346--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M. of A. SWEENEY, SCHIMEL, COLTON, COOK, JAFFEE, MARKEY,
  KAVANAGH, ROSENTHAL, OTIS, PEOPLES-STOKES -- Multi-Sponsored by --  M.
  of  A.  GLICK,  GOTTFRIED,  THIELE  --  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 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 31 to read as follows:
                                TITLE 31
                           PRODUCT STEWARDSHIP
SECTION 27-3101. DEFINITIONS.
        27-3103. IDENTIFICATION OF CANDIDATE PRODUCTS; REPORT.
        27-3105. NO LIMITATION OF MUNICIPAL AUTHORITY.
S 27-3101. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04713-02-3

              

A. 3346--A                          2

  (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.
  3. PRODUCT. "PRODUCT" MEANS AN ITEM INTENDED FOR SALE WITHIN THE STATE
THAT IS IDENTIFIED PURSUANT TO SECTION 27-3103 OF THIS ARTICLE AS APPRO-
PRIATE FOR A PRODUCT STEWARDSHIP PROGRAM.
  4.  PRODUCT  CATEGORY.  "PRODUCT  CATEGORY"  MEANS  A GROUP OF SIMILAR
PRODUCTS DESIGNATED PURSUANT TO SECTION 27-3103 OF THIS ARTICLE 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 27-3103. IDENTIFICATION OF CANDIDATE PRODUCTS; REPORT.
  1.  BY JANUARY FIFTEENTH, TWO THOUSAND SIXTEEN, 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 A 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

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  (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.
S 27-3105. 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.