The New York State Senate

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

                                 881--A
    Cal. No. 64

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sens.  O'MARA,  ADDABBO,  AVELLA,  BAILEY, BOYLE, FUNKE,
  GALLIVAN, HAMILTON, SAVINO, SERRANO, VALESKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation -- recommitted to the Committee  on  Environmental
  Conservation  in  accordance  with  Senate  Rule 6, sec. 8 -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

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 PRODUCER OR REPRESEN-

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

                                                           LBD04737-02-8

S. 881--A                           2

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.
S 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
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

S. 881--A                           3

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.
  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-

S. 881--A                           4

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-
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

S. 881--A                           5

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.
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 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.
  S  2.  The  environmental  conservation law is amended by adding a new
section 71-2730 to read as follows:

S. 881--A                           6

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 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.
  S 3. This act shall take effect immediately.