senate Bill S4690A

2013-2014 Legislative Session

Establishes the paint stewardship program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Oct 09, 2013 print number 4690a
amend and recommit to finance
May 30, 2013 reported and committed to finance
Apr 18, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4690 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 20 §§27-2001 - 27-2007, §71-2730, En Con L

S4690 - Bill Texts

view summary

Establishes the paint stewardship program; relates to the management of post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to collect, transport, reuse and recycle for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices; provides convenient and available state-wide collection of post-consumer paint.

view sponsor memo
BILL NUMBER:S4690

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to establishing the paint stewardship program

PURPOSE: To establish a convenient and State-wide system for the
collection of post-consumer paint, while reducing the role of
government and the burden on taxpayers.

SUMMARY OF SPECIFIC PROVISIONS: This legislation would create a new
Title 20 in the environmental conservation law, the "Paint Stewardship
Program." The legislation requires each paint manufacturer of
architectural paint who sells, offers for sale, distributes or
contracts to distribute architectural paint in New York to form a
not-for-profit organization (representative organization) to implement
the Paint Stewardship Program.

The representative organization will submit a plan to establish the
paint stewardship program to DEC by March 1, 2014 for approval. The
program will minimize public sector involvement in the management of
post-consumer paint by reducing its generation, and will establish
agreements to collect, transport, reuse, recycle, and/or burn for
energy recovery post-consumer paint at appropriately licensed
facilities using environmentally sound management practices.

The plan shall also provide for post-consumer paint collection sites,
with at least one site located within a fifteen mile radius of all
incorporated cities and census-designated places in the state, and one
additional site for every 30,000 people living in those areas, unless
otherwise approved by DEC. No fees can be assessed for collection.

The legislation specifies the details to be included in the plan,
including audit, education and outreach to consumers, and how the
post-consumer paint will be collected, treated, stored, transported
and disposed. Fees of $5,000 per producer and $10,000 for each
organization are required when the plan is submitted to cover the
costs of DEC review of the plan.

The legislation requires a paint stewardship assessment to be added to
the cost of all architectural paint sold to retailers and
distributors. The assessment amount must be proposed in the plan, and
approved by an independent auditor to be consistent with the plan's
budget. The assessment will be added after approval by DEC at the time
of plan implementation.

Retailers are permitted on a voluntary basis to be paint collection
points. Retailers will be provided education materials for use at the
point of sale by the representative organization on the program and
the assessment, including that the charge for operation of the paint
stewardship program is included in the purchase price of the paint.

After the implementation of the paint stewardship program, no
producer, distributor or retailer shall sell or offer for sale
architectural paint if the producer of the paint is not a member of
the representative organization.


The legislation requires a detailed annual report to be filed October
15, 2015, and annually thereafter, containing operational details,
volume of post-consumer paint collected, cost of the program, and
other details. A fee of $3,000 will accompany each annual report to
cover the cost of DEC review.

The legislation requires bi-annual reporting to the Legislature
commencing January 15, 2016.

Civil penalties can be imposed for violations of this law.

JUSTIFICATION: The product Stewardship Institute estimates that
approximately 3.1 million gallons of paint go unused each year in New
York, The costs of collecting and managing this paint typically fall
on local government. If this responsibility were managed by the paint
manufacturers, local governments would save approximately $25 million
per year.

In addition to reduced costs on local taxpayers, a Paint Stewardship
Program will create convenient recycling opportunities and green
sector jobs, and reduce disposal in favor of recycling and result in
less waste, as consumers will become smarter and more efficient
shoppers for paint.

New York has a unique opportunity to partner with the paint industry
to reduce local government costs, increase recycling and reduce waste.

Nationally, states that have implemented comparable programs are
showing impressive results. Oregon has collected and recycled over
1,000,000 gallons of paint since its program was implemented in July
2010. California just launched its program in the Fall of 2012 with
over 350 new collection locations accepting paint for recycling.

PRIOR LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None. The regulatory costs to DEC will be covered
by filing fees.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4690

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the paint stewardship program

  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 20 to read as follows:
                                TITLE 20
                        PAINT STEWARDSHIP PROGRAM
SECTION 27-2001. DEFINITIONS.
        27-2003. PAINT STEWARDSHIP PROGRAM.
        27-2005. REGULATIONS.
        27-2007. REPORTING.
S 27-2001. 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 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2.  "DISTRIBUTOR"  MEANS  A PERSON THAT HAS A CONTRACTUAL RELATIONSHIP
WITH ONE OR MORE PRODUCERS TO MARKET AND  SELL  ARCHITECTURAL  PAINT  TO
RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
  3.  "ENVIRONMENTALLY  SOUND MANAGEMENT PRACTICES" MEANS PROCEDURES FOR
THE COLLECTION, STORAGE, TRANSPORTATION, REUSE, RECYCLING  AND  DISPOSAL
OF  ARCHITECTURAL  PAINT, TO BE IMPLEMENTED BY THE REPRESENTATIVE ORGAN-
IZATION OR SUCH REPRESENTATIVE  ORGANIZATION'S  CONTRACTED  PARTNERS  TO
ENSURE  COMPLIANCE  WITH  ALL  APPLICABLE FEDERAL, STATE AND LOCAL LAWS,
REGULATIONS AND ORDINANCES AND THE PROTECTION OF HUMAN  HEALTH  AND  THE
ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES INCLUDE, BUT ARE
NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCUMENTING OF THE FATE
OF  POST-CONSUMER  PAINT  IN AND OUTSIDE OF THE STATE, AND ENVIRONMENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-01-3

S. 4690                             2

LIABILITY COVERAGE FOR PROFESSIONAL SERVICES AND FOR THE  OPERATIONS  OF
THE CONTRACTORS WORKING ON BEHALF OF THE REPRESENTATIVE ORGANIZATION.
  4.  "PAINT  STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED TO THE
PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT  IS  NECES-
SARY  TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST-
CONSUMER PAINT BY THE REPRESENTATIVE ORGANIZATION PURSUANT TO THE  PAINT
STEWARDSHIP PROGRAM.
  5.  "POST-CONSUMER  PAINT"  MEANS ARCHITECTURAL PAINT THAT IS NOT USED
AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
  6. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT  WHO  SELLS,
OFFERS  FOR  SALE,  DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL
PAINT IN THE STATE.
  7. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT  OR
THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
  8.  "REPRESENTATIVE  ORGANIZATION"  MEANS  THE  NONPROFIT ORGANIZATION
CREATED  BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP   PROGRAM
DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
  9. "RETAILER" MEANS ANY PERSON WHO OFFERS ARCHITECTURAL PAINT FOR SALE
AT RETAIL IN THE STATE.
  10. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
USE  IN  THE  SAME  KIND  OF  APPLICATION  AS THE PRODUCT WAS ORIGINALLY
INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
  11. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE  OR
THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
S 27-2003. PAINT STEWARDSHIP PROGRAM.
  1. ON OR BEFORE MARCH FIRST,  TWO  THOUSAND  FOURTEEN,  EACH  PRODUCER
SHALL  JOIN  THE  REPRESENTATIVE  ORGANIZATION  AND  SUCH REPRESENTATIVE
ORGANIZATION SHALL SUBMIT A  PLAN  FOR  THE  ESTABLISHMENT  OF  A  PAINT
STEWARDSHIP  PROGRAM  TO  THE DEPARTMENT FOR APPROVAL. THE PROGRAM SHALL
MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-CONSUM-
ER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGOTIATING
AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR BURN FOR ENERGY
RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER PAINT USING
ENVIRONMENTALLY  SOUND MANAGEMENT PRACTICES.  THE PROGRAM SHALL MINIMIZE
THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF  POST-CONSUMER  PAINT
BY  REDUCING  THE  GENERATION OF POST-CONSUMER PAINT, NEGOTIATING AGREE-
MENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST  FOR  ENERGY
RECOVERY  AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING PERMITTEES,
POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
  2. THE PROGRAM SHALL PROVIDE FOR CONVENIENT AND  AVAILABLE  STATE-WIDE
COLLECTION  OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT LEAST
ONE PERMANENT COLLECTION SITE LOCATED WITHIN A FIFTEEN  MILE  RADIUS  OF
ALL  "INCORPORATED  CITIES" AND "CENSUS-DESIGNATED PLACES" IN THE STATE;
AND ONE ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY  THIRTY  THOUSAND
PEOPLE  LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE DEPART-
MENT. WHERE A PERMANENT COLLECTION  SITE  CANNOT  BE  LOCATED  WITHIN  A
FIFTEEN  MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED PLACE,
THE PROGRAM SHALL PROVIDE FOR AT LEAST ONE  COLLECTION  EVENT  ANNUALLY.
THE  PROGRAM  SHALL  NOT  CHARGE  A  FEE  TO THE CONSUMER AT THE TIME OF
COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.

S. 4690                             3

  3. THE PLAN SUBMITTED TO  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION
SHALL:
  (A)  IDENTIFY  EACH  PRODUCER  PARTICIPATING  IN THE PAINT STEWARDSHIP
PROGRAM AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE  COVERED
BY THE PROGRAM;
  (B)  IDENTIFY HOW THE REPRESENTATIVE ORGANIZATION WILL PROVIDE CONVEN-
IENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
  (C) SET FORTH THE PROCESS BY WHICH  AN  INDEPENDENT  AUDITOR  WILL  BE
SELECTED  AND IDENTIFY THE CRITERIA USED BY THE REPRESENTATIVE ORGANIZA-
TION IN SELECTING AN INDEPENDENT AUDITOR;
  (D) IDENTIFY, IN DETAIL, THE EDUCATIONAL  AND  OUTREACH  PROGRAM  THAT
WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
HOW TO PARTICIPATE;
  (E)  IDENTIFY,  IN  DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
  (F) INCLUDE THE PROPOSED, AUDITED PAINT ASSESSMENT  AS  IDENTIFIED  IN
THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
  (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
  (H)  INCLUDE  A DESCRIPTION OF THE INTENDED TREATMENT, STORAGE, TRANS-
PORTATION AND DISPOSAL OPTIONS AND METHODS FOR THE  COLLECTED  POST-CON-
SUMER PAINT; AND
  (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
EACH  PRODUCER  AND  TEN  THOUSAND  DOLLARS FOR EACH PRODUCT STEWARDSHIP
ORGANIZATION TO BE DEPOSITED INTO THE ENVIRONMENTAL  REGULATORY  ACCOUNT
AS  ESTABLISHED  IN SECTION 72-1009 OF THIS CHAPTER, TO COVER THE REVIEW
OF SAID PLAN BY THE DEPARTMENT.
  4. THE COMMISSIONER SHALL APPROVE OR REJECT  A  PLAN  SUBMITTED  UNDER
THIS  SECTION  WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED, INFORM
THE PRODUCER OR PRODUCT STEWARDSHIP ORGANIZATION IN WRITING  AS  TO  ANY
DEFICIENCIES  IN  SAID PLAN. A PRODUCER OR PRODUCT STEWARDSHIP ORGANIZA-
TION SHALL AMEND AND RESUBMIT ANY  REJECTED  PLANS  FOR  RECONSIDERATION
WITHIN  SIXTY  DAYS  OF  NOTIFICATION OF THE REJECTION OF SAID PLAN. THE
COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN  WITHIN  THIRTY  DAYS  OF
RESUBMISSION.  A  PLAN SHALL BE APPROVED BY THE COMMISSIONER IF IT MEETS
THE REQUIRED ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  5. NOT LATER THAN THREE MONTHS AFTER THE DATE THE  PLAN  IS  APPROVED,
THE  REPRESENTATIVE  ORGANIZATION  SHALL IMPLEMENT THE PAINT STEWARDSHIP
PROGRAM.
  6. ON OR BEFORE MARCH  FIRST,  TWO  THOUSAND  FOURTEEN,  THE  PROPOSED
UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
ASSESSMENT  IS  CONSISTENT  WITH  THE  BUDGET  OF  THE PAINT STEWARDSHIP
PROGRAM DESCRIBED IN THIS SECTION  AND  THE  INDEPENDENT  AUDITOR  SHALL
RECOMMEND  AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART-
MENT. THE DEPARTMENT SHALL  APPROVE  THE  PAINT  STEWARDSHIP  ASSESSMENT
BASED  UPON  THE  INDEPENDENT AUDITOR'S RECOMMENDATION.   THE DEPARTMENT
SHALL BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP  ASSESS-
MENT  BASED  UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF THE PAINT
STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
THIS SECTION IS PROPOSED TO BE CHANGED, THE REPRESENTATIVE  ORGANIZATION
SHALL  SUBMIT  THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP ASSESSMENT TO
AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS BEEN COMPLETED,
THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT THE RESULTS OF  SAID  AUDI-
TOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT STEWARDSHIP ASSESSMENT TO
THE  DEPARTMENT  FOR REVIEW. THE DEPARTMENT SHALL REVIEW AND APPROVE, IN
WRITING, THE  ADJUSTED  PAINT  STEWARDSHIP  ASSESSMENT  BEFORE  THE  NEW

S. 4690                             4

ASSESSMENT  CAN  BE  IMPLEMENTED.  ANY  PROPOSED  CHANGES  TO  THE PAINT
STEWARDSHIP ASSESSMENT SHALL BE SUBMITTED TO  THE  DEPARTMENT  NO  LATER
THAN SIXTY DAYS PRIOR TO THE DATE THE REPRESENTATIVE ORGANIZATION ANTIC-
IPATES THE ADJUSTED ASSESSMENT TO TAKE EFFECT.
  7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
  9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
  10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
PROGRAM ON ITS WEBSITE.
  11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
TION.
  (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
ERS  WITH  EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED  AT  THE  POINT  OF
SALE  TO  THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT  OPTIONS  FOR
ARCHITECTURAL  PAINT  OFFERED  THROUGH THE PAINT STEWARDSHIP PROGRAM AND
INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE  OPERATION  OF
SUCH  PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND FIFTEEN, AND ANNUALLY
THEREAFTER, THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT A REPORT TO THE
COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM  FOR  THE  PRIOR
YEAR'S  PROGRAM  FROM  JULY  FIRST TO JUNE THIRTIETH.  SAID REPORT SHALL
INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED  IN  PARAGRAPH  (D)  OF
THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
  (A)  A  DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING
COLLECTION  METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
PROGRAM'S COLLECTION CONVENIENCE;
  (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
  (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE  STATE
BY  METHOD  OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
OF PROCESSING OR DISPOSAL;

S. 4690                             5

  (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS  DETERMINED  BY  AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
  (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
  (F)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS OF
ARCHITECTURAL PAINT AND RETAILERS;
  (G) A DETAILED LIST OF EFFORTS UNDERTAKEN AND  AN  EVALUATION  OF  THE
METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
ANY,  FOR  HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
AND
  (H) THE ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE  AMOUNT  OF
THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
ACCOUNT,  ESTABLISHED  PURSUANT  TO  SECTION  72-1009 OF THIS CHAPTER TO
COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
  14. THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS  NEEDED,
WHEN  THERE  ARE  CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW PLAN OR
AMENDMENT WILL BE  REQUIRED  TO  BE  SUBMITTED  TO  THE  DEPARTMENT  FOR
APPROVAL WHEN:
  (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
  (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
  (C)  THERE  IS  A  REVISION  OF THE PRODUCT STEWARDSHIP ORGANIZATION'S
GOALS; OR
  (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
  THE REPRESENTATIVE ORGANIZATION SHALL NOTIFY THE DEPARTMENT  ANNUALLY,
IN  WRITING,  IF  THERE  ARE  NO CHANGES PROPOSED TO THE PROGRAM AND THE
REPRESENTATIVE ORGANIZATION INTENDS TO CONTINUE  IMPLEMENTATION  OF  THE
PROGRAM AS PREVIOUSLY APPROVED BY THE DEPARTMENT.
S 27-2005. REGULATIONS.
  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED  TO PROMULGATE RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
THIS TITLE.
S 27-2007. REPORTING.
  NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND SIXTEEN, AND BIENNIALLY
THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT  TO  THE  LEGISLATURE
AND  THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE PAINT
STEWARDSHIP PROGRAM AS ENACTED PURSUANT  TO  THIS  TITLE  INCLUDING  ANY
RECOMMENDATIONS  TO  IMPROVE THE FUNCTIONING AND EFFICIENCY OF THE PAINT
STEWARDSHIP PROGRAM, AS NECESSARY.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
  1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE  ASSESSED  BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION  TO  ANY  CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.

Co-Sponsors

S4690A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 20 §§27-2001 - 27-2007, §71-2730, En Con L

S4690A (ACTIVE) - Bill Texts

view summary

Establishes the paint stewardship program; relates to the management of post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to collect, transport, reuse and recycle for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices; provides convenient and available state-wide collection of post-consumer paint.

view sponsor memo
BILL NUMBER:S4690A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to establishing the paint stewardship program

PURPOSE:

To establish a convenient and State-wide system for the collection of
past-consumer paint, while reducing the role of government and the
burden on taxpayers.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation would create a new Title 20 in the environmental
conservation law, the "Paint Stewardship Program." The legislation
requires each paint manufacturer or architectural paint who sells,
offers for sale, distributes or contracts to distribute architectural
paint in Mew York to form a not-for-profit organization
(representative organization) to implement the Paint Stewardship
Program.

The representative organization will submit a plan to establish the
paint stewardship program to DEC by March 1, 2015 for approval. The
program will minimize public sector involvement in the management of
post-consumer paint by reducing its generation, and will establish
agreements to collect, transport, reuse, recycle, and/or burn for
energy recovery post-consumer paint at appropriately licensed
facilities using environmentally sound management practices.

The plan shall also provide for post-consumer paint collection sites,
with at least one site located within a fifteen mile radius of ail
incorporated cities and census-designated places in the state, and one
additional site for every 30,000 people living in those areas, unless
otherwise approved by DEC. No fees can be assessed for collection.

The legislation specifies the details to be included in the plan,
including audit, education and outreach to consumers, and how the
post-consumer paint will be collected, treated, stored, transported
and disposed. Fees of $5,000 per producer and $10,000 for each
organization are required when the plan is submitted to cover the
costs of DEC review of the plan.

The legislation requires a paint stewardship assessment to be added to
the Coat of all architectural paint sold to retailers and
distributors. The assessment amount must be proposed in the plan, and
approved by an independent auditor to be consistent with the plan's
budget. The assessment will be added after approval by DEC at the time
of plan implementation.

Retailers are permitted on a voluntary basis to be paint collection
points. Retailers will be provided education materials for use at the
point of sale by the representative organization on the program and
the assessment, including that the charge for operation of the paint
stewardship program is included in the purchase price of the paint.

After the implementation of the paint stewardship program, no
producer, distributor or retailer shall sell or offer for sale


architectural paint if the producer of the paint is not a member of
the representative organization.

The legislation requires a detailed annual report to be filed October
15, 2016, and annually thereafter, containing operational details,
volume of post-consumer paint collected, cost of the program, and
other details. A fee of $3,000 will accompany each annual report to
cover the cost of DEC review.

The legislation requires bi-annual reporting to the Legislature
commencing January 15, 2017.

Civil penalties can be imposed for violations of this law.

JUSTIFICATION:

The product Stewardship institute estimates that approximately 3.1
million gallons of paint go unused each year in New York. The costs of
collecting and managing this paint typically fall on local government.
If this responsibility were managed by the paint manufacturers, local
governments would save approximately $25 million per year.

In addition to reduced costs on local taxpayers, a Paint Stewardship
Program will create convenient recycling opportunities and green
sector jobs, and reduce disposal in favor of recycling and result in
less waste, as consumers will become smarter and more efficient
shoppers for paint.

New York has a unique opportunity to partner with the paint industry
to reduce local government costs, increase recycling and reduce waste.

Nationally, states that have implemented comparable programs are
showing impressive results. Oregon has collected and recycled over
1,000,000 gallons of paint since its program wan implemented in July
2010. California just launched its program in the Fall of 2012 with
over 350 new collection locations accepting paint for recycling.

PRIOR LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

None. The regulatory costs to DEC will be covered by filing fees.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4690--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens. GRISANTI, AVELLA, ROBACH -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the paint stewardship program

  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 20 to read as follows:
                                TITLE 20
                        PAINT STEWARDSHIP PROGRAM
SECTION 27-2001. DEFINITIONS.
        27-2003. PAINT STEWARDSHIP PROGRAM.
        27-2005. REGULATIONS.
        27-2007. REPORTING.
S 27-2001. 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 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2. "DISTRIBUTOR" MEANS A PERSON THAT HAS  A  CONTRACTUAL  RELATIONSHIP
WITH  ONE  OR  MORE  PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
  3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS  PROCEDURES  FOR
THE  COLLECTION,  STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE  REPRESENTATIVE  ORGAN-
IZATION  OR  SUCH  REPRESENTATIVE  ORGANIZATION'S CONTRACTED PARTNERS TO
ENSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL,  STATE  AND  LOCAL  LAWS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-02-3

S. 4690--A                          2

REGULATIONS  AND  ORDINANCES  AND THE PROTECTION OF HUMAN HEALTH AND THE
ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES INCLUDE, BUT ARE
NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCUMENTING OF THE FATE
OF  POST-CONSUMER  PAINT  IN AND OUTSIDE OF THE STATE, AND ENVIRONMENTAL
LIABILITY COVERAGE FOR PROFESSIONAL SERVICES AND FOR THE  OPERATIONS  OF
THE CONTRACTORS WORKING ON BEHALF OF THE REPRESENTATIVE ORGANIZATION.
  4.  "PAINT  STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED TO THE
PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT  IS  NECES-
SARY  TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST-
CONSUMER PAINT BY THE REPRESENTATIVE ORGANIZATION PURSUANT TO THE  PAINT
STEWARDSHIP PROGRAM.
  5.  "POST-CONSUMER  PAINT"  MEANS ARCHITECTURAL PAINT THAT IS NOT USED
AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
  6. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT  WHO  SELLS,
OFFERS  FOR  SALE,  DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL
PAINT IN THE STATE.
  7. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT  OR
THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
  8.  "REPRESENTATIVE  ORGANIZATION"  MEANS  THE  NONPROFIT ORGANIZATION
CREATED  BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP   PROGRAM
DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
  9. "RETAILER" MEANS ANY PERSON WHO OFFERS ARCHITECTURAL PAINT FOR SALE
AT RETAIL IN THE STATE.
  10. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
USE  IN  THE  SAME  KIND  OF  APPLICATION  AS THE PRODUCT WAS ORIGINALLY
INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
  11. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE  OR
THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
S 27-2003. PAINT STEWARDSHIP PROGRAM.
  1. ON OR BEFORE MARCH FIRST, TWO THOUSAND FIFTEEN, EACH PRODUCER SHALL
JOIN THE REPRESENTATIVE ORGANIZATION AND SUCH  REPRESENTATIVE  ORGANIZA-
TION  SHALL  SUBMIT  A PLAN FOR THE ESTABLISHMENT OF A PAINT STEWARDSHIP
PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM SHALL  MINIMIZE  THE
PUBLIC  SECTOR  INVOLVEMENT  IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGOTIATING  AGREEMENTS
TO  COLLECT,  TRANSPORT, REUSE, RECYCLE, AND/OR BURN FOR ENERGY RECOVERY
AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER PAINT USING ENVIRON-
MENTALLY SOUND MANAGEMENT PRACTICES.   THE PROGRAM  SHALL  MINIMIZE  THE
PUBLIC  SECTOR  INVOLVEMENT  IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGOTIATING  AGREEMENTS
TO  COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST FOR ENERGY RECOV-
ERY AT  AN  APPROPRIATELY  AUTHORIZED  FACILITY,  INCLUDING  PERMITTEES,
POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
  2.  THE  PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT  LEAST
ONE  PERMANENT  COLLECTION  SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN  THE  STATE;
AND  ONE  ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE  DEPART-
MENT.  WHERE  A  PERMANENT  COLLECTION  SITE  CANNOT BE LOCATED WITHIN A
FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED  PLACE,

S. 4690--A                          3

THE  PROGRAM  SHALL  PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
THE PROGRAM SHALL NOT CHARGE A FEE  TO  THE  CONSUMER  AT  THE  TIME  OF
COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
  3.  THE  PLAN  SUBMITTED  TO  THE  DEPARTMENT PURSUANT TO THIS SECTION
SHALL:
  (A) IDENTIFY EACH PRODUCER  PARTICIPATING  IN  THE  PAINT  STEWARDSHIP
PROGRAM  AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED
BY THE PROGRAM;
  (B) IDENTIFY HOW THE REPRESENTATIVE ORGANIZATION WILL PROVIDE  CONVEN-
IENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
  (C)  SET  FORTH  THE  PROCESS  BY WHICH AN INDEPENDENT AUDITOR WILL BE
SELECTED AND IDENTIFY THE CRITERIA USED BY THE REPRESENTATIVE  ORGANIZA-
TION IN SELECTING AN INDEPENDENT AUDITOR;
  (D)  IDENTIFY,  IN  DETAIL,  THE EDUCATIONAL AND OUTREACH PROGRAM THAT
WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
HOW TO PARTICIPATE;
  (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS  FOR  INTERACTING  WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
  (F)  INCLUDE  THE  PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN
THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
  (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
  (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT,  STORAGE,  TRANS-
PORTATION  AND  DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON-
SUMER PAINT; AND
  (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
EACH PRODUCER AND TEN THOUSAND  DOLLARS  FOR  EACH  PRODUCT  STEWARDSHIP
ORGANIZATION  TO  BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT
AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER  THE  REVIEW
OF SAID PLAN BY THE DEPARTMENT.
  4.  THE  COMMISSIONER  SHALL  APPROVE OR REJECT A PLAN SUBMITTED UNDER
THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF  REJECTED,  INFORM
THE  PRODUCER  OR  PRODUCT STEWARDSHIP ORGANIZATION IN WRITING AS TO ANY
DEFICIENCIES IN SAID PLAN. A PRODUCER OR PRODUCT  STEWARDSHIP  ORGANIZA-
TION  SHALL  AMEND  AND  RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION
WITHIN SIXTY DAYS OF NOTIFICATION OF THE REJECTION  OF  SAID  PLAN.  THE
COMMISSIONER  SHALL  APPROVE  OR  REJECT SAID PLAN WITHIN THIRTY DAYS OF
RESUBMISSION. A PLAN SHALL BE APPROVED BY THE COMMISSIONER IF  IT  MEETS
THE REQUIRED ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  5.  NOT  LATER  THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED,
THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT  THE  PAINT  STEWARDSHIP
PROGRAM.
  6.  ON  OR  BEFORE  MARCH  FIRST,  TWO  THOUSAND FIFTEEN, THE PROPOSED
UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
ASSESSMENT IS CONSISTENT  WITH  THE  BUDGET  OF  THE  PAINT  STEWARDSHIP
PROGRAM  DESCRIBED  IN  THIS  SECTION  AND THE INDEPENDENT AUDITOR SHALL
RECOMMEND AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE  DEPART-
MENT.  THE  DEPARTMENT  SHALL  APPROVE  THE PAINT STEWARDSHIP ASSESSMENT
BASED UPON THE INDEPENDENT AUDITOR'S  RECOMMENDATION.    THE  DEPARTMENT
SHALL  BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS-
MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF  THE  PAINT
STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
THIS  SECTION IS PROPOSED TO BE CHANGED, THE REPRESENTATIVE ORGANIZATION
SHALL SUBMIT THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP  ASSESSMENT  TO
AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS BEEN COMPLETED,
THE  REPRESENTATIVE  ORGANIZATION SHALL SUBMIT THE RESULTS OF SAID AUDI-

S. 4690--A                          4

TOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT STEWARDSHIP ASSESSMENT TO
THE DEPARTMENT FOR REVIEW. THE DEPARTMENT SHALL REVIEW AND  APPROVE,  IN
WRITING,  THE  ADJUSTED  PAINT  STEWARDSHIP  ASSESSMENT  BEFORE  THE NEW
ASSESSMENT  CAN  BE  IMPLEMENTED.  ANY  PROPOSED  CHANGES  TO  THE PAINT
STEWARDSHIP ASSESSMENT SHALL BE SUBMITTED TO  THE  DEPARTMENT  NO  LATER
THAN SIXTY DAYS PRIOR TO THE DATE THE REPRESENTATIVE ORGANIZATION ANTIC-
IPATES THE ADJUSTED ASSESSMENT TO TAKE EFFECT.
  7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
  9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
  10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
PROGRAM ON ITS WEBSITE.
  11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
TION.
  (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
ERS  WITH  EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED  AT  THE  POINT  OF
SALE  TO  THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT  OPTIONS  FOR
ARCHITECTURAL  PAINT  OFFERED  THROUGH THE PAINT STEWARDSHIP PROGRAM AND
INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE  OPERATION  OF
SUCH  PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND SIXTEEN, AND ANNUALLY
THEREAFTER, THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT A REPORT TO THE
COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM  FOR  THE  PRIOR
YEAR'S  PROGRAM  FROM  JULY  FIRST TO JUNE THIRTIETH.  SAID REPORT SHALL
INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED  IN  PARAGRAPH  (D)  OF
THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
  (A)  A  DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING
COLLECTION  METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
PROGRAM'S COLLECTION CONVENIENCE;
  (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;

S. 4690--A                          5

  (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE  STATE
BY  METHOD  OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
OF PROCESSING OR DISPOSAL;
  (D)  THE  TOTAL  COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
  (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
  (F) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS  OF
ARCHITECTURAL PAINT AND RETAILERS;
  (G)  A  DETAILED  LIST  OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN  BE  IMPROVED;
AND
  (H)  THE  ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF
THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
ACCOUNT, ESTABLISHED PURSUANT TO SECTION  72-1009  OF  THIS  CHAPTER  TO
COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
  14.  THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED,
WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A  NEW  PLAN  OR
AMENDMENT  WILL  BE  REQUIRED  TO  BE  SUBMITTED  TO  THE DEPARTMENT FOR
APPROVAL WHEN:
  (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
  (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
  (C) THERE IS A REVISION  OF  THE  PRODUCT  STEWARDSHIP  ORGANIZATION'S
GOALS; OR
  (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
  THE  REPRESENTATIVE ORGANIZATION SHALL NOTIFY THE DEPARTMENT ANNUALLY,
IN WRITING, IF THERE ARE NO CHANGES PROPOSED  TO  THE  PROGRAM  AND  THE
REPRESENTATIVE  ORGANIZATION  INTENDS  TO CONTINUE IMPLEMENTATION OF THE
PROGRAM AS PREVIOUSLY APPROVED BY THE DEPARTMENT.
S 27-2005. REGULATIONS.
  THE DEPARTMENT IS HEREBY AUTHORIZED  TO  PROMULGATE  RULES  AND  REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
THIS TITLE.
S 27-2007. REPORTING.
  NOT  LATER THAN JANUARY FIFTEENTH, TWO THOUSAND SEVENTEEN, AND BIENNI-
ALLY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE  LEGISLA-
TURE  AND  THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE
PAINT STEWARDSHIP PROGRAM AS ENACTED PURSUANT TO  THIS  TITLE  INCLUDING
ANY  RECOMMENDATIONS  TO  IMPROVE  THE FUNCTIONING AND EFFICIENCY OF THE
PAINT STEWARDSHIP PROGRAM, AS NECESSARY.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
  1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE  ASSESSED  BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION  TO  ANY  CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.