S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6453
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, PEOPLES-STOKES -- Multi-Sponsored by
   --  M.  of  A.    THIELE -- read once and referred to the Committee on
   Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing a paint stewardship program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Declaration of legislative intent and findings. The  legis-
 lature finds and declares that it is in the public interest of the state
 of  New  York for architectural paint producers to finance and manage an
 environmentally sound, cost-effective  architectural  paint  stewardship
 program,  undertaking responsibility for the development and implementa-
 tion of strategies to reduce the generation of  post-consumer  architec-
 tural  paint, promote the reuse of post-consumer architectural paint and
 collect, transport and process  post-consumer  architectural  paint  for
 end-of-product-life management, including reuse and recycling.
   §  2.  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. SHORT TITLE.
         27-2003. DECLARATION OF POLICY.
         27-2005. DEFINITIONS.
         27-2007. PRODUCER COLLECTION.
         27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
         27-2011. RETAILER REQUIREMENTS.
         27-2013. DEPARTMENT RESPONSIBILITIES.
         27-2015. REPORTING REQUIREMENTS.
         27-2017. COLLECTIVE PARTICIPATION.
 § 27-2001. SHORT TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04719-01-9
              

 A. 6453                             2
 
   THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW  YORK  STATE
 PAINT STEWARDSHIP PROGRAM".
 § 27-2003. DECLARATION OF POLICY.
   IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THE STATE OF NEW YORK
 TO  PROMOTE  THE  DEVELOPMENT AND IMPLEMENTATION OF STRATEGIES TO REDUCE
 THE GENERATION OF POST-CONSUMER ARCHITECTURAL PAINT,  TO  ENCOURAGE  THE
 REUSE   OF  POST-CONSUMER  ARCHITECTURAL  PAINT,  AND  TO  MAXIMIZE  THE
 COLLECTION, TRANSPORT, AND PROCESS OF POST-CONSUMER ARCHITECTURAL  PAINT
 FOR END-OF-PRODUCT-LIFE MANAGEMENT.
 § 27-2005. 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 MEAN INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   2. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE  WHO  OWNS  OR  USES
 ARCHITECTURAL PAINT, INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL, A BUSI-
 NESS,  CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT ORGANIZATION, OR
 GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED IN A WHOLE-
 SALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
   3. "DISTRIBUTOR" MEANS A COMPANY THAT HAS A  CONTRACTUAL  RELATIONSHIP
 WITH  ONE  OR  MORE  PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
 RETAILERS IN THIS STATE.
   4. "POST-CONSUMER ARCHITECTURAL PAINT" MEANS ARCHITECTURAL  PAINT  NOT
 USED AND NO LONGER WANTED BY ITS PURCHASER.
   5.  "PRODUCER"  MEANS  A  PERSON THAT MANUFACTURES ARCHITECTURAL PAINT
 THAT IS SOLD OR OFFERED FOR SALE IN THIS STATE.
   6. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED  PRODUCTS,  COMPO-
 NENTS  AND  BY-PRODUCTS  ARE  TRANSFORMED  INTO NEW USABLE OR MARKETABLE
 MATERIALS IN A MANNER IN WHICH THE  PRODUCTS  MAY  LOSE  THEIR  ORIGINAL
 COMPOSITION. RECYCLING DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENER-
 ATION  BY MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS AND BY-PRO-
 DUCTS WITH OR WITHOUT OTHER WASTE PRODUCTS FROM POST-CONSUMER  ARCHITEC-
 TURAL PAINT.
   7. "RETAILER" MEANS ANY PERSON THAT SELLS OR OFFERS FOR SALE ARCHITEC-
 TURAL PAINT AT RETAIL IN THIS STATE.
   8.  "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
 USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE USE OF THE PRODUCT,
 WITHOUT A CHANGE IN THE PRODUCT'S ORIGINAL COMPOSITION.
   9. "SELL" OR "SALE" MEANS ANY TRANSFER  OF  TITLE  FOR  CONSIDERATION,
 INCLUDING  REMOTE SALES CONDUCTED THROUGH SALES OUTLETS, CATALOGS OR THE
 INTERNET OR THROUGH ANY OTHER SIMILAR ELECTRONIC MEANS.
 § 27-2007. PRODUCER COLLECTION.
   BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, A PRODUCER SHALL
 ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE  POST-CONSUMER  ARCHITECTURAL
 PAINT.
 § 27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
   1.  A  PRODUCER  SHALL  INDIVIDUALLY OR COOPERATIVELY WITH ONE OR MORE
 OTHER PRODUCERS, SUBMIT A REGISTRATION TO THE DEPARTMENT BY JULY  FIRST,
 TWO  THOUSAND  TWENTY,  ALONG  WITH  A REGISTRATION FEE OF FIVE THOUSAND
 DOLLARS. SUCH REGISTRATION SHALL INCLUDE:
   (A) THE PRODUCER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
   (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR,  OR  OTHER  INDIVIDUAL
 DESIGNATED AS THE PRODUCER'S CONTACT FOR PURPOSES OF THIS TITLE;
   (C) A LIST IDENTIFYING THE PRODUCER'S BRANDS;
   (D)  A  GENERAL  DESCRIPTION  OF THE MANNER IN WHICH THE PRODUCER WILL
 COMPLY WITH SECTION 27-2007 OF THIS TITLE, INCLUDING  SPECIFIC  INFORMA-

 A. 6453                             3
 
 TION  ON  THE  PRODUCER'S  ARCHITECTURAL PAINT ACCEPTANCE PROGRAM IN THE
 STATE, INTENDED TREATMENT, STORAGE, TRANSPORTATION AND DISPOSAL  OPTIONS
 AND  A  CURRENT  LIST  OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS MAY
 RETURN ARCHITECTURAL PAINT;
   (E) TARGETED ANNUAL COLLECTION RATES;
   (F)  EDUCATIONAL  AND  OUTREACH  PROGRAM  THAT  WILL BE IMPLEMENTED TO
 INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND  HOW  TO  PARTICIPATE;
 AND
   (G) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
   2.  A  PRODUCER'S  REGISTRATION SHALL BE UPDATED WITHIN THIRTY DAYS OF
 ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED BY THE REGISTRATION.
   3. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING
 OR OFFERING FOR SALE IN THE STATE  ANY  ARCHITECTURAL  PAINT,  AND  MUST
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   4.  NO  LATER  THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE, A PRODUCER
 SHALL NOT SELL OR OFFER FOR SALE ARCHITECTURAL PAINT IN THE STATE UNLESS
 THE PRODUCER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS AN  ARCHI-
 TECTURAL  PAINT  ACCEPTANCE  PROGRAM  THROUGH WHICH THE PRODUCER, EITHER
 DIRECTLY OR THROUGH AN AGENT OR DESIGNEE,  ACCEPTS  ARCHITECTURAL  PAINT
 FROM  CONSUMERS  IN  THE  STATE  FOR  DISPOSAL,  REUSE OR RECYCLING. THE
 PRODUCER SHALL ENSURE THAT RETAILERS ARE NOTIFIED OF SUCH  REGISTRATION.
 THE  PRODUCER  SHALL  NOT  IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION,
 HANDLING AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT.
   5. THE ARCHITECTURAL PAINT ACCEPTANCE  PROGRAM  SHALL  INCLUDE,  AT  A
 MINIMUM:
   (A) COLLECTION, DISPOSAL AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT
 PRODUCED  BY THE PRODUCER AND OFFERED FOR RETURN BY ANY CONSUMER IN THIS
 STATE, FREE OF COST AND IN A MANNER CONVENIENT TO CONSUMERS. THE FOLLOW-
 ING ACCEPTANCE METHODS SHALL BE CONSIDERED REASONABLY CONVENIENT:    (I)
 COLLECTION OR ACCEPTANCE EVENTS CONDUCTED BY THE PRODUCER OR THE PRODUC-
 ER'S AGENT OR DESIGNEE, INCLUDING EVENTS CONDUCTED THROUGH LOCAL GOVERN-
 MENTS  OR PRIVATE PARTIES; (II) FIXED ACCEPTANCE LOCATIONS SUCH AS DEDI-
 CATED ACCEPTANCE  SITES  OPERATED  BY  THE  PRODUCER  OR  ITS  AGENT  OR
 DESIGNEE;  (III) AGREEMENTS WITH LOCAL GOVERNMENTS, RETAIL STORES, SALES
 OUTLETS AND NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE  AGREED  TO  PROVIDE
 FACILITIES  FOR  THE  COLLECTION  OF ARCHITECTURAL PAINT; (IV) COMMUNITY
 COLLECTION EVENTS; AND (V) ANY COMBINATION OF THESE OR OTHER  ACCEPTANCE
 METHODS  WHICH  EFFECTIVELY  PROVIDE FOR THE ACCEPTANCE OF ARCHITECTURAL
 PAINT FOR RECYCLING OR  REUSE  THROUGH  MEANS  THAT  ARE  AVAILABLE  AND
 REASONABLY  CONVENIENT  TO  CONSUMERS  IN THE STATE.   AT A MINIMUM, THE
 PRODUCER SHALL ENSURE THAT ALL COUNTIES OF THE  STATE  AND  ALL  MUNICI-
 PALITIES  WHICH  HAVE  A  POPULATION  OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 UNLESS OTHERWISE APPROVED BY THE DEPARTMENT, OR UNLESS THE PRODUCER IS A
 SMALL  BUSINESS  TAXPAYER AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED TEN OF THE TAX LAW. SUCH PRODUCERS SHALL  CONDUCT
 NO  LESS  THAN ONE COLLECTION EVENT ANNUALLY.  THE DEPARTMENT MAY ESTAB-
 LISH  ADDITIONAL  REQUIREMENTS  TO  ENSURE  CONVENIENT  COLLECTION  FROM
 CONSUMERS;
   (B)  A  PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE PRODUC-
 ER'S ARCHITECTURAL PAINT ACCEPTANCE PROGRAM, INCLUDING AT A  MINIMUM  AN
 INTERNET  WEBSITE  AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMA-
 TION INCLUDED IN THE PACKAGE FOR, OR AT THE TIME OF SALE  OF,  ARCHITEC-
 TURAL  PAINT THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW A CONSUMER OF

 A. 6453                             4
 
 ARCHITECTURAL PAINT TO LEARN HOW TO  RETURN  SUCH  PAINT  FOR  DISPOSAL,
 RECYCLING OR REUSE; AND
   (C)  ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
 WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
   6. A PRODUCER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH THE
 PROVISIONS  OF  THIS  TITLE  AND  MAKE  THEM  AVAILABLE  FOR  AUDIT  AND
 INSPECTION BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS.
   7.  A PRODUCER MAY SATISFY THE ARCHITECTURAL PAINT COLLECTION REQUIRE-
 MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A COLLECTIVE  ARCHI-
 TECTURAL PAINT ACCEPTANCE PROGRAM WITH OTHER PRODUCERS. ANY SUCH COLLEC-
 TIVE   ARCHITECTURAL  PAINT  ACCEPTANCE  PROGRAM  SHALL  MEET  THE  SAME
 REQUIREMENTS AS AN INDIVIDUAL  PRODUCER.  ANY  ARCHITECTURAL  ACCEPTANCE
 PROGRAM SHALL INCLUDE A LIST OF PRODUCERS THAT ARE PARTICIPATING IN SUCH
 PROGRAM  ALONG  WITH OTHER IDENTIFYING INFORMATION AS MAY BE REQUIRED BY
 THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGISTRATION TO THE  DEPART-
 MENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND DOLLARS.
   8.  A  PRODUCER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE
 IMPLEMENTATION OF THE ARCHITECTURAL PAINT ACCEPTANCE PROGRAM.
 § 27-2011. RETAILER REQUIREMENTS.
   1. AT THE LOCATION OF SALE OF ARCHITECTURAL PAINT,  A  RETAILER  SHALL
 PROVIDE  PURCHASERS OF ARCHITECTURAL PAINT WITH INFORMATION ABOUT OPPOR-
 TUNITIES FOR THE RETURN OF ARCHITECTURAL PAINT THAT HAS BEEN PROVIDED TO
 THE RETAILER BY A PRODUCER.
   2. NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-ONE NO RETAILER SHALL
 SELL OR OFFER FOR SALE IN THE STATE ANY ARCHITECTURAL PAINT  UNLESS  THE
 PRODUCER  AND  THE  PRODUCER'S BRANDS ARE REGISTERED WITH THE DEPARTMENT
 PURSUANT TO SECTION 27-2009 OF THIS TITLE.
 § 27-2013. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL PROMULGATE ALL NECESSARY RULES AND REGULATIONS
 INCLUDING, BUT NOT LIMITED TO, STANDARDS FOR REUSE.
   2. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 REGISTERED  PURSUANT  TO  SECTION  27-2009 OF THIS TITLE, (B) MAINTAIN A
 LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C)  POST  SUCH  LISTS  ON  THE
 DEPARTMENT'S WEBSITE.
 § 27-2015. REPORTING REQUIREMENTS.
   1.  BEGINNING  MARCH  FIRST, TWO THOUSAND TWENTY-TWO, FOR THE PREVIOUS
 CALENDAR YEAR AND ANNUALLY THEREAFTER, A PRODUCER THAT OFFERS  ARCHITEC-
 TURAL  PAINT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE DEPART-
 MENT ON A FORM PRESCRIBED BY THE DEPARTMENT THAT INCLUDES THE FOLLOWING:
   (A) THE QUANTITY OF ARCHITECTURAL PAINT COLLECTED FOR DISPOSAL,  RECY-
 CLING  OR REUSE IN THIS STATE DURING THE PRECEDING CALENDAR YEAR AND THE
 METHODS USED TO ACCEPT SUCH PAINT AND THE APPROXIMATE WEIGHT AND  VOLUME
 OF ARCHITECTURAL PAINT ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
   (B)  INFORMATION  DETAILING  THE  ACCEPTANCE METHODS MADE AVAILABLE TO
 CONSUMERS;
   (C) A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM AND SAMPLES OF
 ANY MATERIALS, THE NUMBER OF VISITS TO THE INTERNET WEBSITE AND CALLS TO
 THE TOLL-FREE TELEPHONE NUMBER PROVIDED BY THE PRODUCER AS  REQUIRED  BY
 SECTION 27-2009 OF THIS TITLE;
   (D) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
   (E) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
 THE ACCURACY OF THE REPORT.
   2. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
 THOUSAND DOLLARS.
   3.  THE  DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
 OF THIS TITLE IN THIS STATE TO THE GOVERNOR  AND  LEGISLATURE  BY  APRIL

 A. 6453                             5
 
 FIRST,  TWO  THOUSAND  TWENTY-TWO  AND  EVERY  TWO YEARS THEREAFTER. THE
 REPORT MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE ARCHITECTURAL PAINT STREAM IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR ARCHITECTURAL
 PAINT;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 § 27-2017. COLLECTIVE PARTICIPATION.
   A PRODUCER MAY SATISFY THE REQUIREMENTS OF THIS ARTICLE BY AGREEING TO
 PARTICIPATE  IN  A COLLECTIVE ACCEPTANCE PROGRAM WITH ANY OTHER PRODUCER
 OR PRODUCERS. ANY SUCH COLLECTIVE ACCEPTANCE PROGRAM MUST MEET THE  SAME
 REQUIREMENTS  AS  AN  INDIVIDUAL  PRODUCER.  ANY  COLLECTIVE  ACCEPTANCE
 PROGRAM MUST INCLUDE A LIST OF PRODUCERS THAT ARE PARTICIPATING IN  SUCH
 PROGRAM  ALONG  WITH OTHER IDENTIFYING INFORMATION AS MAY BE REQUIRED BY
 THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGISTRATION TO THE  DEPART-
 MENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND DOLLARS.
   § 3. This act shall take effect immediately.