S. 6105 2
3. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
DISCARDED REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES MAY BE
RETURNED BY A CONSUMER. COLLECTION SITES SHALL ACCEPT ALL TYPES OF
REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES AS DEFINED BY THIS
TITLE REGARDLESS OF BRAND.
4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
LEASES, OR USES REFRIGERANTS OR REFRIGERANT-CONTAINING APPLIANCES,
INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL, A BUSINESS, CORPORATION,
LIMITED PARTNERSHIP, NOT-FOR-PROFIT CORPORATION, THE STATE, A PUBLIC
CORPORATION, PUBLIC SCHOOL, SCHOOL DISTRICT, PRIVATE OR PAROCHIAL
SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR GOVERNMENTAL
ENTITY.
5. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES REFRIGERANTS OR REFRI-
GERANT-CONTAINING APPLIANCES THAT ARE SOLD, OFFERED FOR SALE, OR
DISTRIBUTED IN THE STATE UNDER THE MANUFACTURER'S OWN NAME OR BRAND.
"PRODUCER" INCLUDES:
(A) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH REFRIGERANTS OR
REFRIGERANT-CONTAINING APPLIANCES ARE SOLD, OFFERED FOR SALE, OR
DISTRIBUTED IN THIS STATE, WHETHER OR NOT SUCH TRADEMARK OR BRAND IS
REGISTERED IN THE STATE; AND
(B) ANY PERSON WHO IMPORTS REFRIGERANTS OR REFRIGERANT-CONTAINING
APPLIANCES INTO THE UNITED STATES THAT ARE SOLD OR OFFERED FOR SALE IN
THE STATE AND THAT ARE MANUFACTURED BY A PERSON WHO DOES NOT HAVE A
PRESENCE IN THE UNITED STATES.
6. "REFRIGERANT" MEANS ANY SUBSTANCES CONSISTING IN WHOLE OR IN PART
OF A CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE, WHICH ARE USED FOR
HEAT TRANSFER PURPOSES AND PROVIDE A COOLING EFFECT, INCLUDING, BUT NOT
LIMITED TO, CHLOROFLUOROCARBONS, HYDRO-CHLOROFLUOROCARBONS, OR ANY OTHER
SUBSTITUTE SUBSTANCE AS MAY BE DEFINED BY THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY.
(A) A "CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE" SHALL BE THOSE
SUBSTANCES AS DEFINED BY 42 USC § 7671A.
(B) A "SUBSTITUTE SUBSTANCE" SHALL BE ANY ENVIRONMENTAL PROTECTION
AGENCY APPROVED REPLACEMENT FOR A CLASS I OR II OZONE-DEPLETING
SUBSTANCE IN REFRIGERATION OR AIR-CONDITIONING END-USE.
7. "REFRIGERANT-CONTAINING APPLIANCE" MEANS ANY DEVICE THAT CONTAINS A
REFRIGERANT AND CAN BE USED FOR HOUSEHOLD PURPOSES INCLUDING, BUT NOT
LIMITED TO, ROOM AIR CONDITIONERS, HEAT PUMPS, REFRIGERATORS, WATER
COOLERS, OR FREEZERS.
8. "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
ESTABLISHED BY A PRODUCER OR GROUP OF PRODUCERS TO IMPLEMENT A
COLLECTION PROGRAM.
9. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE REFRIGER-
ANTS OR REFRIGERANT-CONTAINING APPLIANCES TO A CONSUMER IN THE STATE.
10. "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 DONATIONS OR REUSE.
§ 27-3403. PRODUCER PLAN.
1. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, A
PRODUCER, EITHER INDIVIDUALLY OR COOPERATIVELY IN A GROUP WITH ONE OR
MORE PRODUCERS OR WITH A REPRESENTATIVE ORGANIZATION, SHALL SUBMIT TO
THE DEPARTMENT FOR THE DEPARTMENT'S APPROVAL A PLAN FOR THE ESTABLISH-
MENT OF A COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
S. 6105 3
APPLIANCES THAT MEETS THE COLLECTION REQUIREMENTS DESCRIBED IN THIS
SECTION.
2. A PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENT OF THIS
SECTION BY AGREEING TO PARTICIPATE COLLECTIVELY WITH A GROUP OF OTHER
PRODUCERS OR WITH A REPRESENTATIVE ORGANIZATION. ANY SUCH PRODUCER
PARTICIPATING COLLECTIVELY IN A COLLECTION PROGRAM SHALL NOTIFY THE
DEPARTMENT OF SUCH PARTICIPATION.
3. A PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGANIZATION
SHALL UPDATE THE PLAN, AS NEEDED, WHEN THERE ARE CHANGES PROPOSED TO ITS
COLLECTION PROGRAM. A NEW PLAN OR AMENDMENT WILL BE REQUIRED TO BE
SUBMITTED TO THE DEPARTMENT FOR APPROVAL WHEN:
(A) THERE IS A REVISION OF THE COLLECTION PROGRAM'S GOALS; OR
(B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
4. THE PLAN SUBMITTED BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION
TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
(A) PROVIDE A LIST OF EACH PARTICIPATING PROVIDER AND BRAND COVERED BY
THE PROGRAM;
(B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
(C) DESCRIBE HOW THE PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE
ORGANIZATION WILL SAFELY COLLECT, TRANSPORT, RECYCLE, AND PROCESS REFRI-
GERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
(D) DESCRIBE HOW THE PROGRAM WILL PROVIDE FOR THE COLLECTION OF REFRI-
GERANT-CONTAINING APPLIANCES, FREE OF COST AND IN A MANNER CONVENIENT TO
CONSUMERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT A MINIMUM, A
CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
MUNICIPALITIES THAT 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,
THAT ACCEPTS REFRIGERANT-CONTAINING APPLIANCES FROM CONSUMERS DURING
NORMAL BUSINESS HOURS. THE PRODUCER, GROUP OF PRODUCERS, OR REPRESEN-
TATIVE ORGANIZATION MAY COORDINATE THE PROGRAM WITH EXISTING MUNICIPAL
WASTE COLLECTION INFRASTRUCTURE AS IS MUTUALLY AGREEABLE. CONVENIENCE
STANDARDS SHALL BE EVALUATED BY THE DEPARTMENT PERIODICALLY AND THE
DEPARTMENT MAY REQUIRE ADDITIONAL COLLECTION LOCATIONS TO ENSURE
ADEQUATE CONSUMER CONVENIENCE;
(E) DESCRIBE IN DETAIL EDUCATION AND OUTREACH EFFORTS TO INFORM
CONSUMERS, REFRIGERANT-CONTAINING APPLIANCE INSTALLERS, AND OTHERS
ENGAGED IN THE MANAGEMENT OF DISCARDED REFRIGERANT-CONTAINING APPLIANCES
ABOUT THE PROGRAM INCLUDING, AT A MINIMUM, AN INTERNET WEBSITE AND A
TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE TIME
OF SALE OF REFRIGERANT-CONTAINING APPLIANCES THAT PROVIDES SUFFICIENT
INFORMATION TO ALLOW A CONSUMER TO LEARN HOW TO RETURN SUCH REFRIGER-
ANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR REUSE;
(F) DESCRIBE THE METHODS TO BE USED TO REUSE OR RECYCLE DISCARDED
REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
(G) DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF DISCARDED
REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES THAT CANNOT BE RECY-
CLED OR REUSED;
(H) DESCRIBE WHAT, IF ANY, INCENTIVES WILL BE USED TO ENCOURAGE
RETAILER PARTICIPATION;
(I) DESCRIBE THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
(J) ESTIMATE THE AMOUNTS OF REFRIGERANTS AND REFRIGERANT-CONTAINING
APPLIANCES THAT WERE PREVIOUSLY SOLD, OFFERED FOR SALE, OR DISTRIBUTED
IN THE STATE UNDER EACH PRODUCER'S NAME OR BRAND THAT ARE DISCARDED IN
S. 6105 4
THE STATE ANNUALLY AND DESCRIBE THE SOURCES OF DATA AND METHODOLOGY FOR
ESTIMATING SUCH AMOUNT; AND
(K) DESCRIBE HOW THE PROGRAM WILL MEET ANNUAL PERFORMANCE GOALS, AS
DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A MINIMUM, THE PROGRAM
SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
(I) A THIRTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
CONTAINING APPLIANCES BY FIVE YEARS AFTER THE PLAN IS APPROVED UNDER
SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE;
(II) A FIFTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
CONTAINING APPLIANCES BY TEN YEARS AFTER THE PLAN IS APPROVED UNDER
SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE; AND
(III) A SEVENTY-FIVE PERCENT RECYCLING RATE FOR REFRIGERANTS AND
REFRIGERANT-CONTAINING APPLIANCES BY FIFTEEN YEARS AFTER THE PLAN IS
APPROVED UNDER SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE.
§ 27-3405. PRODUCER RESPONSIBILITIES.
1. BEGINNING NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SIX, OR SIX
MONTHS AFTER THE PLAN IS APPROVED UNDER SUBDIVISION FOUR OF SECTION
27-3409 OF THIS TITLE, WHICHEVER OCCURS LATER, THE PRODUCER OR REPRESEN-
TATIVE ORGANIZATION SHALL IMPLEMENT A COLLECTION PROGRAM UTILIZING
COLLECTION SITES ESTABLISHED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
FOUR OF SECTION 27-3403 OF THIS TITLE.
2. A PRODUCER SHALL NOT SELL, OR OFFER FOR SALE, REFRIGERANTS OR
REFRIGERANT-CONTAINING APPLIANCES TO ANY PERSON IN THE STATE ON OR AFTER
THE REQUIRED DATE OF IMPLEMENTATION OF THE COLLECTION PROGRAM UNDER
SUBDIVISION ONE OF THIS SECTION UNLESS THE PRODUCER AND THE PRODUCER'S
BRANDS ARE REGISTERED WITH THE DEPARTMENT PURSUANT TO THIS SECTION.
3. THE COLLECTION PROGRAM SHALL BE FREE TO CONSUMERS RETURNING REFRI-
GERANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR REUSE, CONVEN-
IENT, AND ADEQUATE TO SERVE THE NEEDS OF SUCH CONSUMERS IN ALL AREAS OF
THE STATE ON AN ONGOING BASIS.
4. A PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGANIZATION
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. THE DEPARTMENT SHALL MAKE SUCH
RECORDS AVAILABLE TO THE PUBLIC UPON REQUEST IN ACCORDANCE WITH THE
PROVISIONS OF THE STATE FREEDOM OF INFORMATION LAW AND THE REGULATIONS
PROMULGATED THEREUNDER. RECORD HOLDERS SHALL SUBMIT THE RECORDS REQUIRED
TO COMPLY WITH SUCH REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFI-
CATION BY THE DEPARTMENT OF RECEIPT OF THE REQUEST.
5. PRODUCERS, GROUPS OF PRODUCERS, AND REPRESENTATIVE ORGANIZATIONS
SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF
THE COLLECTION PROGRAM, INCLUDING BUT NOT LIMITED TO THE COST OF
COLLECTION. EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
IZATION SHALL PAY FEES ESTABLISHED BY THE DEPARTMENT TO COVER COSTS
INCURRED BY THE STATE IN THE ADMINISTRATION AND ENFORCEMENT OF THIS
TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE SHALL ONLY RECOVER
ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
6. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-FIVE SHALL SUBMIT A PLAN TO THE DEPARTMENT,
OR NOTIFY THE DEPARTMENT THAT IT HAS JOINED AN EXISTING PLAN, PRIOR TO
SELLING OR OFFERING FOR SALE IN THE STATE ANY REFRIGERANTS OR REFRIGER-
ANT-CONTAINING APPLIANCES, AND SHALL COMPLY WITH THE REQUIREMENTS OF
THIS TITLE.
7. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY
THEREAFTER, EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
IZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE
S. 6105 5
PREVIOUS PROGRAM YEAR, A DESCRIPTION OF THE PROGRAM, AN ASSESSMENT OF
COMPLIANCE WITH THE PROGRAM'S PERFORMANCE GOALS, AND A DESCRIPTION OF
ANY MODIFICATIONS NECESSARY TO ACHIEVE SUCH GOALS. SUCH REPORT SHALL
INCLUDE THE FOLLOWING:
(A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
AND PROCESS REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES IN THE
STATE, INCLUDING COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN
EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE;
(B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
(C) THE TOTAL VOLUME OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLI-
ANCES 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;
(E) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS, A
DETAILED DESCRIPTION OF EFFORTS UNDERTAKEN TO DISSEMINATE SUCH MATERI-
ALS, AND AN EVALUATION OF SUCH EFFORTS, INCLUDING RECOMMENDATIONS, IF
ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
(F) ANY MODIFICATIONS NECESSARY TO ACHIEVE INCREASED PARTICIPATION IN
THE PROGRAM; AND
(G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
§ 27-3407. RETAILER REQUIREMENTS.
1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, NO RETAILER MAY SELL
OR OFFER FOR SALE REFRIGERANTS OR REFRIGERANT-CONTAINING APPLIANCES IN
THE STATE UNLESS THE PRODUCER OF SUCH REFRIGERANTS OR REFRIGERANT-CON-
TAINING APPLIANCES IS PARTICIPATING IN A COLLECTION PROGRAM. A RETAILER
SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE THE REFRIGER-
ANTS OR REFRIGERANT-CONTAINING APPLIANCES ARE OFFERED FOR SALE, THE
PRODUCER IS LISTED ON THE DEPARTMENT'S WEBSITE AS IMPLEMENTING OR
PARTICIPATING IN AN APPROVED COLLECTION PROGRAM OR IF THE REFRIGERANT-
CONTAINING APPLIANCE BRAND IS LISTED ON THE DEPARTMENT'S WEBSITE AS
BEING INCLUDED IN THE PROGRAM.
2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
COLLECTION SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE WITH
ALL APPLICABLE LAWS AND REGULATIONS.
§ 27-3409. DEPARTMENT RESPONSIBILITIES.
1. THE DEPARTMENT SHALL (A) MAINTAIN A LIST OF PRODUCERS WHO ARE
IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3403 OF THIS TITLE,
(B) MAINTAIN A LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C) POST SUCH
LISTS ON THE DEPARTMENT'S WEBSITE.
2. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT SHALL
POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION SITES IDENTIFIED TO
THE DEPARTMENT BY THE PRODUCER IN ITS PLANS AND ANNUAL REPORTS.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE EACH PRODUCER PLAN
APPROVED BY THE DEPARTMENT.
4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN AMEND-
MENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE PLAN AMEND-
MENT. IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPARTMENT SHALL
NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING. IF THE
DEPARTMENT REJECTS THE PLAN OR PLAN AMENDMENT, THE DEPARTMENT SHALL
NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING STATING
THE REASON FOR REJECTING THE PLAN OR PLAN AMENDMENT. A PRODUCER OR
REPRESENTATIVE ORGANIZATION WHOSE PLAN IS REJECTED SHALL SUBMIT A
REVISED PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
OF REJECTION. IF THE DEPARTMENT REJECTS THE SUBSEQUENT PROPOSAL, THE
PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
ENFORCEMENT PROVISIONS.
S. 6105 6
5. THE DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
OF THIS TITLE IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL
FIRST, TWO THOUSAND TWENTY-SEVEN AND EVERY TWO YEARS THEREAFTER. THE
REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
(A) THE STREAM OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES
IN THE STATE;
(B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR REFRIGERANTS
AND REFRIGERANT-CONTAINING APPLIANCES;
(C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
MENTS OF THIS TITLE; AND
(D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
§ 27-3411. LABELING REQUIREMENTS.
ONE YEAR AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO
SECTION 27-3409 OF THIS TITLE, REFRIGERANTS AND REFRIGERANT-CONTAINING
APPLIANCES SOLD OR OFFERED FOR SALE IN THE STATE SHALL BE ACCOMPANIED BY
THE NAME OF THE PRODUCER AND THE PRODUCER'S CONTACT INFORMATION.
§ 27-3413. PENALTIES.
ANY PRODUCER WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY
DUTY IMPOSED PURSUANT TO THIS TITLE SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES. CIVIL PENALTIES SHALL BE ASSESSED BY THE
DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER.
§ 27-3415. NO PREEMPTION OF LOCAL LAW.
NOTHING IN THIS SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
LOCAL LAW, INCLUDING, BUT NOT LIMITED TO CHAPTER FOUR-E OF TITLE SIXTEEN
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, PROVIDED THAT THE
PROVISIONS OF SUCH LOCAL LAW ARE AT LEAST AS STRINGENT AS THE PROVISIONS
OF THIS SECTION.
§ 27-3417. RULES AND REGULATIONS.
THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THIS TITLE.
§ 2. This act shall take effect immediately.