S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1038--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  STIRPE, LUPARDO, BRONSON, THIELE, GOTTFRIED,
   L. ROSENTHAL, FAHY, JENNE, OTIS, SKOUFIS, MOSLEY, BRINDISI, DenDEKKER,
   MAGNARELLI,  SKARTADOS,  HEVESI,  BARRETT,  SIMOTAS,  CUSICK,   SIMON,
   PICHARDO,  WOERNER, RYAN, GUNTHER, KIM, MAGEE, LENTOL, WEPRIN, JAFFEE,
   QUART, CAHILL, ABBATE,  HUNTER,  SANTABARBARA,  M. G. MILLER,  TITONE,
   RODRIGUEZ, STECK, SOLAGES, GALEF, CYMBROWITZ, COLTON, SEPULVEDA, McDO-
   NALD,  D'URSO, ROZIC, PHEFFER AMATO, CARROLL, WALLACE, LAVINE, ZEBROW-
   SKI, RIVERA, ORTIZ, O'DONNELL, DILAN, SEAWRIGHT, DE LA ROSA,  DICKENS,
   NIOU,  HARRIS,  BLAKE,  PRETLOW,  ARROYO, BENEDETTO, BARNWELL, JOYNER,
   PERRY,  WALKER,  ABINANTI,  LIFTON,  DINOWITZ,  BICHOTTE,  BRAUNSTEIN,
   JEAN-PIERRE,  GLICK,  PAULIN,  MAYER, PELLEGRINO, JONES -- Multi-Spon-
   sored by -- M. of A.  BUCHWALD,  COOK,  McDONOUGH  --  read  once  and
   referred to the Committee on Environmental Conservation -- recommitted
   to  the  Committee  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
   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.
 § 27-2001. DEFINITIONS.
   WHEN USED IN THIS TITLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04737-03-8
              

 A. 1038--A                          2
 
   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 PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION 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  DOCU-
 MENTING  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 PRODUCER OR
 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 PRODUCER OR REPRESENTATIVE ORGANIZATION PURSUANT
 TO THE PAINT STEWARDSHIP PROGRAM.
   5.  "PAINT STEWARDSHIP PROGRAM" OR "PROGRAM" MEANS A PROGRAM  FOR  THE
 MANAGEMENT  OF  POST-CONSUMER  PAINT OPERATED BY A PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION.
   6.  "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS  NOT  USED
 AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
   7.  "PRODUCER"  MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
 OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS  TO  DISTRIBUTE  ARCHITECTURAL
 PAINT IN THE STATE.
   8. "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.
   9.  "REPRESENTATIVE  ORGANIZATION"  MEANS  A  NONPROFIT   ORGANIZATION
 CREATED   BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP  PROGRAM
 DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
   10. "RETAILER" MEANS ANY PERSON WHO  OFFERS  ARCHITECTURAL  PAINT  FOR
 SALE AT RETAIL IN THE STATE.
   11. "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.
   12. "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.
 § 27-2003. PAINT STEWARDSHIP PROGRAM.
   1. ON OR BEFORE MARCH FIRST, TWO THOUSAND NINETEEN, A  PRODUCER  OR  A
 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-
 CONSUMER  PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGO-
 TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE,  RECYCLE,  AND/OR  BURN
 FOR  ENERGY RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER

 A. 1038--A                          3
 
 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,  NEGO-
 TIATING AGREEMENTS 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.
   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  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  WILL
 PROVIDE CONVENIENT, 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  PRODUCER  OR  REPRESEN-
 TATIVE ORGANIZATION 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, OR 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 REPRESENTATIVE ORGANIZATION IN WRITING AS TO ANY DEFI-
 CIENCIES IN SAID PLAN. A PRODUCER OR REPRESENTATIVE  ORGANIZATION  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.

 A. 1038--A                          4
 
   6.  ON  OR  BEFORE  MARCH  FIRST,  TWO THOUSAND NINETEEN, 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 PRODUCER OR REPRESENTATIVE
 ORGANIZATION SHALL SUBMIT THE NEW, ADJUSTED  UNIFORM  PAINT  STEWARDSHIP
 ASSESSMENT  TO  AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS
 BEEN COMPLETED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
 THE RESULTS OF SAID AUDITOR'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 PRODUCER OR
 REPRESENTATIVE ORGANIZATION ANTICIPATES 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.
   (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A RETAILER CARRYING
 OUT DUTIES OR RESPONSIBILITIES IMPOSED BY  THIS  TITLE  SHALL  INCUR  NO
 CIVIL  LIABILITY  OR  PENALTY  OF  ANY SORT UNLESS IT IS DETERMINED BY A
 COURT OF COMPETENT JURISDICTION THAT SUCH RETAILER HAS ACTED IN A GROSS-

 A. 1038--A                          5
 
 LY NEGLIGENT MANNER IN THE TRANSPORT OR STORAGE OF PAINT AND/OR ALTERING
 THE CONTENTS OF A RETURNED PAINT CONTAINER.
   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 TWENTY, AND  ANNUALLY
 THEREAFTER,  EACH  OPERATOR  OF  A  PROGRAM 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;
   (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 OPERATOR OF THE PAINT STEWARDSHIP PROGRAM SHALL NOTIFY THE DEPART-
 MENT ANNUALLY, IN WRITING, IF THERE  ARE  NO  CHANGES  PROPOSED  TO  THE
 PROGRAM  AND  THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION INTENDS TO
 CONTINUE IMPLEMENTATION OF THE PROGRAM AS  PREVIOUSLY  APPROVED  BY  THE
 DEPARTMENT.
 § 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.

 A. 1038--A                          6
 
 § 27-2007. REPORTING.
   NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND TWENTY-ONE, 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.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 71-2730 to read as follows:
 § 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 RETAILER OR PRODUCER,  AS  THOSE  TERMS
 ARE  DEFINED  IN SECTION 27-2001 OF THIS CHAPTER, MAY BY SIMILAR 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.
   § 3. This act shall take effect immediately.