The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5322
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the packaging reduction and recycling infrastructure act; and
   the state finance law, in relation to creating the waste reduction and
   reuse infrastructure fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "packaging reduction and recycling infrastructure act".
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 34 to read as follows:
                                 TITLE 34
           PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT
 SECTION 27-3401. DEFINITIONS.
         27-3403. RESPONSIBILITIES OF THE PACKAGING REDUCTION AND RECYCL-
                   ING ORGANIZATION.
         27-3405. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
         27-3407. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
         27-3409. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
         27-3411. FUNDING MECHANISM.
         27-3413. COLLECTION AND CONVENIENCE.
         27-3415. PRODUCER RESPONSIBILITIES.
         27-3417. DEPARTMENT RESPONSIBILITIES.
         27-3419. STATEWIDE PACKAGING  REDUCTION,  REUSE,  AND  RECYCLING
                   NEEDS ASSESSMENT.
         27-3421. EDUCATION AND OUTREACH PROGRAM.
         27-3423. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND.
         27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
         27-3427. PACKAGING REDUCTION STANDARDS.
         27-3429. RECYCLED CONTENT STANDARDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08868-01-3

 A. 5322                             2
 
         27-3431. RECYCLABILITY CRITERIA.
         27-3433. ESTABLISHMENT  OF  THE  OFFICE  OF  RECYCLING INSPECTOR
                   GENERAL.
         27-3435. PENALTIES AND ENFORCEMENT.
         27-3437. RULES AND REGULATIONS.
         27-3439. STATE PREEMPTION.
         27-3441. OTHER ASSISTANCE PROGRAMS.
         27-3443. SEVERABILITY.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ADVISORY COUNCIL" OR "COUNCIL" MEANS THE PACKAGING  REDUCTION  AND
 RECYCLING  ADVISORY  COUNCIL  ESTABLISHED  UNDER SECTION 27-3409 OF THIS
 TITLE.
   2. "BEVERAGE CONTAINER" MEANS A CONTAINER USED TO CONTAIN  ALL  DRINKS
 IN LIQUID FORM AND INTENDED FOR HUMAN CONSUMPTION.
   3.  "BRAND"  MEANS  ANY  MARK,  WORD, NAME, SYMBOL, DESIGN, DEVICE, OR
 GRAPHICAL ELEMENT OR A COMBINATION THEREOF, INCLUDING  A  REGISTERED  OR
 UNREGISTERED TRADEMARK, THAT IDENTIFIES AND DISTINGUISHES A PRODUCT FROM
 OTHER PRODUCTS.
   4. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES RESIDEN-
 TIAL  UNITS,  OR SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WHERE
 SUCH SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WERE ELIGIBLE  TO
 BE  SERVED  UNDER  A CONTRACT WITH A MUNICIPALITY BY A MUNICIPALITY OR A
 PRIVATE SECTOR HAULER AS OF THE EFFECTIVE DATE OF THIS TITLE,  AND  SUCH
 RECYCLING  PROGRAM  IS  OPERATED  BY  A  MUNICIPALITY  OR  PURSUANT TO A
 CONTRACT WITH THE MUNICIPALITY, PRIVATE SECTOR HAULER, OR  OTHER  PUBLIC
 AGENCY OR THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS.
   5.  "DISCARDED", "DISCARDS", "GENERATED" OR "GENERATION" MEANS PACKAG-
 ING MATERIAL THAT HAS BEEN USED FOR ITS INTENDED PURPOSE AND IS NO LONG-
 ER NEEDED BY CONSUMERS, BUSINESSES, INSTITUTIONS, AND OTHER  USERS,  AND
 CAN BE MANAGED THROUGH REUSE, RECYCLING, OR DISPOSAL.
   6.  "DISPOSAL"  MEANS  THE  LANDFILLING OR INCINERATION OF MATERIAL OR
 PRODUCTS.   "DISPOSAL" SHALL ALSO  INCLUDE  ENERGY  RECOVERY  OR  ENERGY
 GENERATION  BY  ANY  MEANS,  INCLUDING,  BUT NOT LIMITED TO, COMBUSTION,
 PYROLYSIS, GASIFICATION, OR SOLVOLYSIS. "DISPOSAL"  SHALL  ALSO  INCLUDE
 THE USE OF MATERIALS AS LANDFILL COVER.
   7. "ECO-MODULATION" MEANS PROGRAM FEES THAT ARE STRUCTURED IN A WAY TO
 PROVIDE  PRODUCERS  WITH  FINANCIAL  INCENTIVES  TO  REDUCE WASTE AT THE
 SOURCE, INCREASE RECYCLABILITY OF COVERED  MATERIALS,  PROMOTE  REUSABLE
 PACKAGING  PRODUCTS,  INCLUDING  THOSE THAT ARE CONTAINED WITHIN A REUSE
 AND REFILL SYSTEM AND THAT  DISINCENTIVIZE  DESIGNS  OR  PRACTICES  THAT
 INCREASE COSTS AND ENVIRONMENTAL IMPACTS OF MANAGING THE PACKAGING MATE-
 RIALS.
   8.  "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS ANY NEIGHBORHOOD OR COMMU-
 NITY WHICH IS COMPOSED PREDOMINANTLY OF  PERSONS  OF  COLOR  OR  PERSONS
 BELOW  THE POVERTY LINE, THAT IS SUBJECT TO A DISPROPORTIONATE BURDEN OF
 ENVIRONMENTAL HAZARDS.
   9. "LOCAL GOVERNMENT" MEANS ANY  MUNICIPAL  CORPORATION,  GOVERNMENTAL
 SUBDIVISION  OF  THE  STATE,  LOCAL  GOVERNMENT  UNIT, SPECIAL DISTRICT,
 SCHOOL, LOCAL OR REGIONAL BOARD, COMMISSION, OR AUTHORITY AUTHORIZED  BY
 LAW  TO  PLAN  OR  PROVIDE  FOR WASTE MANAGEMENT SERVICES FOR A SPECIFIC
 GEOGRAPHICAL AREA.
   10. (A) "COVERED PACKAGING MATERIAL AND PRODUCTS" OR "COVERED  MATERI-
 ALS" MEANS THE FOLLOWING:
   (I) A DISCRETE MATERIAL OR CATEGORY OF MATERIAL, REGARDLESS OF RECYCL-
 ABILITY, INCLUDING BUT NOT LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEX-
 A. 5322                             3
 
 IBLE,  FOAM,  OR RIGID MATERIAL, INCLUDING PAPER, PLASTIC, GLASS, METAL,
 OR MULTI-MATERIAL, THAT IS USED FOR  THE  PRIMARY,  SECONDARY,  TERTIARY
 CONTAINMENT, PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION, OR
 PRESENTATION  OF  ANOTHER  PRODUCT  THAT  IS  SOLD,  OFFERED  FOR  SALE,
 IMPORTED, OR DISTRIBUTED IN THE STATE,  INCLUDING  THROUGH  AN  INTERNET
 TRANSACTION.
   (II)  PRINTED  PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO:
 (1) FLYERS; (2) BROCHURES; (3) BOOKLETS;  (4)  CATALOGS;  (5)  TELEPHONE
 DIRECTORIES;  (6)  PAPER  FIBER;  AND  (7) PAPER USED FOR WRITING OR ANY
 OTHER PURPOSE;
   (III) SINGLE-USE PLASTIC PRODUCTS THAT FREQUENT THE RESIDENTIAL  WASTE
 STREAM  OR ARE PLASTIC PRODUCTS THAT HAVE THE EFFECT OF DISRUPTING RECY-
 CLING PROCESSES, INCLUDING, BUT NOT LIMITED TO, SINGLE-USE PLASTIC ITEMS
 SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND PLASTIC BAGS.
   (B) COVERED MATERIALS DOES NOT INCLUDE:
   (I) MEDICAL DEVICES AND PACKAGING WHICH  ARE  INCLUDED  WITH  PRODUCTS
 REGULATED AS A DRUG, MEDICAL DEVICE, OR DIETARY SUPPLEMENT BY THE UNITED
 STATES  FOOD  AND  DRUG ADMINISTRATION UNDER THE FEDERAL FOOD, DRUG, AND
 COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E)  OF  21  U.S.  CODE  OF
 FEDERAL REGULATIONS, OR THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT;
   (II)  ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
 NOSTIC KITS, AND OTHER PRODUCTS OR BIOLOGICAL ORIGIN, AND OTHER  COVERED
 MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
 THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159;
   (III)  PACKAGING  REGULATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND
 RODENTICIDE ACT, 7 U.S.C. SEC. 136 ET SEQ. OR OTHER  APPLICABLE  FEDERAL
 LAW, RULE, OR REGULATION;
   (IV) NEWSPAPERS AND MAGAZINES; AND
   (V)  BEVERAGE  CONTAINERS  SUBJECT  TO  A RETURNABLE CONTAINER DEPOSIT
 UNDER TITLE TEN OF THIS ARTICLE.
   11. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION"
 MEANS A REGISTERED 501(C)(3) NON-PROFIT CHARITABLE ORGANIZATION,  PURSU-
 ANT TO 26 U.S.C. 501(C)(3), DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS
 AN AGENT ON BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PACKAGING
 REDUCTION  AND  RECYCLING PLAN PURSUANT TO SECTION 27-3405 OF THIS TITLE
 AND COMPLY WITH THE ORGANIZATION RESPONSIBILITIES UNDER SECTION  27-3403
 OF THIS TITLE.
   12.  "PACKAGING  REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS A DOCU-
 MENT IN WHICH INDIVIDUAL PRODUCERS  OR  THE  ORGANIZATION  DESCRIBE  THE
 EFFORTS  THEY  WILL  UNDERTAKE  TO  COMPLY WITH THE REQUIREMENTS OF THIS
 TITLE.
   13. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM"  MEANS  A
 PROGRAM  BY  WHICH  PRODUCERS  WHO  SELL,  OFFER FOR SALE, OR DISTRIBUTE
 COVERED PACKAGING MATERIALS AND PRODUCTS SHALL REGISTER WITH THE DEPART-
 MENT, EITHER INDIVIDUALLY OR THROUGH A PACKAGING REDUCTION AND RECYCLING
 ORGANIZATION, TO COMPLY AND IMPLEMENT THE PROVISIONS OF THIS TITLE.  THE
 PROGRAM IS OVERSEEN BY THE DEPARTMENT.
   14. "POST-CONSUMER RECYCLED  MATERIAL"  MEANS  NEW  MATERIAL  PRODUCED
 USING  MATERIAL  RESULTING FROM THE RECOVERY, SEPARATION, COLLECTION AND
 REPROCESSING OF MATERIAL THAT WOULD OTHERWISE BE DISPOSED  OF  OR  PROC-
 ESSED  AS WASTE AND THAT WAS ORIGINALLY SOLD FOR CONSUMPTION. "POST-CON-
 SUMER RECYCLED MATERIAL" DOES NOT INCLUDE  POST-INDUSTRIAL  MATERIAL  OR
 PRE-CONSUMER  MATERIAL, OR MATERIAL GENERATED BY MEANS OF ADVANCED RECY-
 CLING, CHEMICAL RECYCLING, COMBUSTION, GASIFICATION, INCINERATION, PYRO-
 LYSIS, SOLVOLYSIS, WASTE-TO-ENERGY, WASTE-TO-FUEL, OR ANY OTHER CHEMICAL
 OR MOLECULAR CONVERSION PROCESS.
 A. 5322                             4
 
   15. "PRODUCER" MEANS THE FOLLOWING ENTITIES FOR  COMPLIANCE  WITH  THE
 REQUIREMENTS  FOR  COVERED MATERIALS SOLD, OFFERED FOR SALE, OR DISTRIB-
 UTED TO CONSUMERS IN OR INTO THIS STATE:
   (A)  FOR  COVERED  MATERIALS SOLD OR SERVED TO CONSUMERS AT A PHYSICAL
 RETAIL LOCATION IN THIS STATE:
   (I) IF THE COVERED MATERIALS ARE SOLD OR SERVED UNDER THE  MANUFACTUR-
 ER'S  OWN  BRAND  OR  ARE SOLD OR SERVED IN COVERED MATERIALS THAT LACKS
 IDENTIFICATION OF A BRAND, THE PRODUCER OF THE COVERED MATERIALS IS  THE
 PERSON THAT MANUFACTURES THE PRODUCT;
   (II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, THE PRODUC-
 ER  OF  THE  COVERED  MATERIALS  IS THE PERSON THAT IS THE LICENSEE OF A
 BRAND OR TRADEMARK UNDER WHICH A PRODUCT IS SOLD OR SERVED TO A CONSUMER
 IN OR INTO THIS STATE, WHETHER OR NOT THE  TRADEMARK  IS  REGISTERED  IN
 THIS  STATE, UNLESS THE MANUFACTURER OF THE COVERED MATERIALS HAS AGREED
 TO ACCEPT RESPONSIBILITY; WHERE THE  PRODUCER  IS  A  BUSINESS  OPERATED
 WHOLLY  OR  IN  PART  AS A FRANCHISE, THE PRODUCER IS THE FRANCHISOR, IF
 SUCH FRANCHISOR HAS FRANCHISEES THAT ARE RESIDENT IN THE STATE;
   (III) IF THERE IS NO PERSON AS DESCRIBED IN SUBPARAGRAPH (I)  OR  (II)
 OF  THIS PARAGRAPH WITHIN THE UNITED STATES, THE PRODUCER OF THE COVERED
 MATERIAL IS THE PERSON WHO IMPORTS THE PRODUCT INTO  THE  UNITED  STATES
 FOR  USE  IN  A  COMMERCIAL  ENTERPRISE  THAT SELLS, OFFERS FOR SALE, OR
 DISTRIBUTES THE PRODUCT TO CONSUMERS IN THIS STATE.
   (B) FOR PRODUCTS SOLD OR DISTRIBUTED TO CONSUMERS IN COVERED MATERIALS
 IN OR INTO THIS STATE VIA REMOTE SALE OR DISTRIBUTION:
   (I) THE PRODUCER OF COVERED MATERIALS  USED  TO  DIRECTLY  PROTECT  OR
 CONTAIN THE PRODUCT IS THE SAME AS THE PRODUCER DEFINED IN PARAGRAPH (A)
 OF THIS SUBDIVISION.
   (II)  THE  PRODUCER OF COVERED MATERIALS USED TO SHIP THE PRODUCT TO A
 CONSUMER IS THE PERSON THAT MANUFACTURERS THE SHIPPING MATERIAL.
   16. "PRODUCT LINE" MEANS A GROUP  OF  RELATED  PRODUCTS  ALL  MARKETED
 UNDER  A  SINGLE BRAND NAME THAT IS SOLD BY THE SAME PRODUCER TO DISTIN-
 GUISH PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS.
   17. "RECYCLABLE" MEANS A COVERED MATERIAL THAT MEETS THE  CRITERIA  IN
 SECTION 27-3431 OF THIS TITLE.
   18.  "RECYCLED"  MEANS  THE  USE  OF  DISCARDED PACKAGING MATERIALS OR
 PRODUCTS IN THE PRODUCTION OF A NEW PRODUCT OR  PACKAGING  IN  PLACE  OF
 VIRGIN  MATERIALS.    "RECYCLED" MATERIAL DOES NOT INCLUDE CONTAMINANTS,
 RESIDUES, AND OTHER PROCESS LOSSES  OR  USE  OF  MATERIALS  AS  LANDFILL
 COVER.
   19.  "RECYCLING"  MEANS THE SERIES OF ACTIVITIES BY WHICH MATERIAL IS:
 (A) COLLECTED, TRANSPORTED, SORTED, AND PROCESSED; OR (B) USED IN INDUS-
 TRIAL FEEDSTOCKS  IN  PLACE  OF  VIRGIN  MATERIALS  TO  MANUFACTURE  NEW
 PRODUCTS  WITH  MINIMAL LOSS OF MATERIAL QUALITY AND QUANTITY.  "RECYCL-
 ING" DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS,
 COMBUSTION, GASIFICATION, INCINERATION, PYROLYSIS,  SOLVOLYSIS,  OR  ANY
 OTHER  CHEMICAL CONVERSION PROCESS OR CREATION OF A HAZARDOUS SUBSTANCE.
 IT ALSO DOES NOT INCLUDE LANDFILL  DISPOSAL  OF  DISCARDED  MATERIAL  OR
 DISCARDED PRODUCT COMPONENT MATERIALS, INCLUDING THE USE OF MATERIALS AS
 LANDFILL COVER.
   20.  "RECYCLING RATE" MEANS THE PERCENTAGE OF ANY GIVEN PACKAGING TYPE
 THAT IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR ANY COVERED MATERIAL
 SHALL BE CALCULATED AS THE TOTAL WEIGHT OF PACKAGING THAT IS RECYCLED IN
 A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF COVERED  MATERIAL  GENERATED
 IN  THAT  YEAR.  MATERIAL  LOSSES,  INCLUDING CONTAMINANTS AND RESIDUES,
 ACCRUING DURING COLLECTION, PROCESSING AND MANUFACTURING NEW PRODUCTS DO
 A. 5322                             5
 
 NOT COUNT AS RECYCLED  AND  SHOULD  NOT  BE  IN  THE  NUMERATOR  OF  THE
 EQUATION.
   21.  "REUSE"  MEANS  THE  RETURN  OF  PACKAGING BACK INTO THE ECONOMIC
 STREAM FOR USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE ORIGINAL
 PACKAGING, WITHOUT EFFECTUATING A CHANGE IN THE ORIGINAL COMPOSITION  OF
 THE PACKAGE, THE IDENTITY OF THE PRODUCT, OR THE COMPONENTS THEREOF.
   22.  "REUSE  AND  REFILL  SYSTEM" MEANS A PROGRAM OR SET OF MECHANISMS
 DESIGNED TO  FACILITATE  MULTIPLE  USES  OF  PACKAGING.  MECHANISMS  MAY
 INCLUDE,   BUT  ARE  NOT  LIMITED  TO,  DEPOSITS,  INCENTIVES,  CURBSIDE
 COLLECTION, COLLECTION KIOSKS, REFILL STATIONS, DISHWASHING  FACILITIES,
 AND RE-DISTRIBUTION NETWORKS.
   23.  "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS PACKAGING
 MATERIAL AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND  MANUFACTURED
 TO  MAINTAIN  ITS  SHAPE  AND  STRUCTURE,  AND BE MATERIALLY DURABLE FOR
 REPEATED SANITIZING, WASHING, AND REUSE.
   24. "TOXIC SUBSTANCES" MEANS A CHEMICAL OR CHEMICAL  CLASS  IDENTIFIED
 BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERNMENTAL AGEN-
 CY,  ACCREDITED  RESEARCH  UNIVERSITY, OR OTHER SCIENTIFIC ENTITY DEEMED
 AUTHORITATIVE BY THE DEPARTMENT ON  THE  BASIS  OF  CREDIBLE  SCIENTIFIC
 EVIDENCE AS BEING ONE OR MORE OF THE FOLLOWING:
   (A) A CHEMICAL OR CHEMICAL CLASS THAT IS A CARCINOGEN, MUTAGEN, REPRO-
 DUCTIVE TOXICANT, IMMUNOTOXIN, NEUROTOXICANT, OR ENDOCRINE DISRUPTOR.
   (B)  A  CHEMICAL  OR CHEMICAL CLASS THAT IS PERSISTENT OR BIOACCUMULA-
 TIVE.
   (C) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM THE NORMAL  DEVELOPMENT
 OF  A  FETUS OR CHILD OR CAUSE OTHER DEVELOPMENTAL TOXICITY IN HUMANS OR
 WILDLIFE.
   (D) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM ORGANS OR  CAUSE  OTHER
 SYSTEMIC TOXICITY.
   (E)  A  CHEMICAL  OR  CHEMICAL CLASS THAT MAY HAVE ADVERSE AIR QUALITY
 IMPACTS, ADVERSE ECOLOGICAL IMPACTS, ADVERSE SOIL  QUALITY  IMPACTS,  OR
 ADVERSE WATER QUALITY IMPACTS.
   (F)  A  CHEMICAL  OR CHEMICAL CLASS THAT THE DEPARTMENT HAS DETERMINED
 HAS EQUIVALENT TOXICITY TO THE ABOVE CRITERIA.
 § 27-3403. RESPONSIBILITIES OF THE  PACKAGING  REDUCTION  AND  RECYCLING
              ORGANIZATION.
   1.  PRODUCERS  SHALL  EITHER  FORM A PACKAGING REDUCTION AND RECYCLING
 ORGANIZATION INDIVIDUALLY OR COLLECTIVELY TO MEET  THE  RESPONSIBILITIES
 OF THE PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION.
   2.  EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION, OR INDIVIDUAL
 PRODUCERS AS APPLICABLE, SHALL ESTABLISH CONSISTENCY AMONG  PROGRAMS  SO
 THAT  ALL  MATERIALS THAT CAN BE SORTED AND SOLD TO MARKET ARE COLLECTED
 AND PROCESSED FOR RECOVERY.  IF MORE THAN ONE  PACKAGING  REDUCTION  AND
 RECYCLING ORGANIZATION IS REGISTERED WITHIN THE STATE, EACH ORGANIZATION
 AND  PRODUCER  SHALL  COORDINATE  WITH  ALL OTHER SUCH ORGANIZATIONS AND
 PRODUCERS TO ENSURE THAT  THE  COLLECTION  CONVENIENCE  REQUIREMENTS  IN
 SECTION  27-3413  OF  THIS TITLE AND EDUCATIONAL REQUIREMENTS IN SECTION
 27-3421 OF THIS TITLE ARE MET AND ARE CONSISTENT AND SEAMLESS  TO  RESI-
 DENTS, THAT GOVERNMENT AGENCIES AND SERVICE PROVIDERS ARE REIMBURSED FOR
 RECYCLING  SERVICES  AS  REQUIRED  UNDER  THIS CHAPTER, AND THAT COVERED
 PRODUCTS ARE NOT REPORTED AS GENERATED, SUPPLIED OR MANAGED BY MORE THAN
 ONE ORGANIZATION.
   3. EACH PACKAGING REDUCTION AND  RECYCLING  ORGANIZATION  IN  ADMINIS-
 TRATION OF THE PROGRAM SHALL:
 A. 5322                             6
 
   (A)  DEVELOP  A PACKAGING REDUCTION AND RECYCLING PLAN AND SUBMIT SUCH
 PLAN TO THE ADVISORY COUNCIL FOR REVIEW AND COMMENT, AND SUBMIT  TO  THE
 COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE;
   (B)  COLLECT  AND  COMPILE  DATA FROM PRODUCERS AS REQUIRED BY SECTION
 27-3415 OF THIS TITLE;
   (C) CALCULATE REASONABLE  REIMBURSEMENT  RATES  THROUGH  AN  OBJECTIVE
 FORMULA APPROVED BY THE DEPARTMENT FOR CURBSIDE RECYCLING;
   (D)  COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3411 OF
 THIS TITLE;
   (E) REIMBURSE THE DEPARTMENT FOR THE COSTS ASSOCIATED WITH  CONDUCTING
 THE STATEWIDE NEEDS ASSESSMENT REQUIRED BY SECTION 27-3411 OF THIS TITLE
 AND THE ADMINISTRATION AND ENFORCEMENT OF THE PROGRAM;
   (F) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA-
 NIES  FOR  THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF REDUCTION AND
 RECYCLING PROGRAMS, INCLUDING COLLECTION, TRANSPORTATION AND  PROCESSING
 AS  REQUIRED  TO  MEET  THE  COLLECTION CONVENIENCE STANDARDS IN SECTION
 27-3413 AND OTHER REQUIREMENTS OF THIS TITLE;
   (G) MAKE  RECOMMENDATIONS  TO  THE  DEPARTMENT  REGARDING  INVESTMENTS
 TOWARD  PACKAGING  REDUCTION  AND  REUSE AND MAKE DISBURSEMENTS INTO THE
 WASTE REDUCTION  AND  REUSE  INFRASTRUCTURE  FUND  PURSUANT  TO  SECTION
 27-3423 OF THIS TITLE;
   (H)  UNDERTAKE  AN  EFFECTIVE  STATEWIDE EDUCATION AND PUBLIC OUTREACH
 PROGRAM REQUIRED BY SECTION 27-3421 OF THIS TITLE;
   (I) OFFER TECHNICAL SUPPORT TO PARTICIPATING PRODUCERS, WITH AN EMPHA-
 SIS ON SUPPORT TO SMALL BUSINESSES, TO ASSIST THEM WITH COMPLIANCE  WITH
 THE  REQUIREMENTS  OF  THIS TITLE, INCLUDING INFORMATION ABOUT PROCURING
 AFFORDABLE ALTERNATIVES TO NON-COMPLIANT PACKAGING AND REDUCING  PACKAG-
 ING.
   4. ANNUALLY, EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL
 SUBMIT  A  REPORT TO THE DEPARTMENT THAT, AT A MINIMUM, MUST INCLUDE THE
 FOLLOWING INFORMATION:
   (A) CONTACT INFORMATION FOR THE ORGANIZATION;
   (B) A LIST OF ALL PARTICIPATING PRODUCERS, BRANDS, AND PRODUCTS;
   (C) THE TOTAL AMOUNT, BY BOTH WEIGHT AND NUMBER OF UNITS, OF EACH TYPE
 OF PACKAGING MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER,  TRANS-
 PORT,  DISTRIBUTE,  OR  PRESENT  PRODUCTS  SOLD,  OFFERED  FOR  SALE, OR
 DISTRIBUTED INTO THE STATE BY EACH INDIVIDUAL PRODUCER DURING THE  PRIOR
 CALENDAR YEAR;
   (D) THE TOTAL AMOUNT, BY WEIGHT, OF EACH MATERIAL CATEGORY RECYCLED IN
 THE STATE, AND OUT OF STATE, AS A RESULT OF ACTIVITIES UNDERTAKEN BY THE
 ORGANIZATION,  EITHER  DIRECTLY  OR THROUGH REIMBURSEMENT OR CONTRACTUAL
 ARRANGEMENT;
   (E) A CALCULATION OF THE RECYCLING  RATE  OF  EACH  MATERIAL  CATEGORY
 WHICH  IS DERIVED BY DIVIDING THE AMOUNT OF EACH MATERIAL CATEGORY RECY-
 CLED, AS REPORTED IN PARAGRAPH (D) OF THIS SUBDIVISION BY THE AMOUNT  OF
 EACH  MATERIAL  CATEGORY GENERATED, AS REPORTED IN PARAGRAPH (C) OF THIS
 SUBDIVISION;
   (F) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA-
 TION DURING THE PRIOR CALENDAR YEAR;
   (G) A LIST OF PRODUCERS BELIEVED TO BE  OUT  OF  COMPLIANCE  WITH  THE
 REQUIREMENTS OF THIS TITLE, AND THE REASON THE ORGANIZATION BELIEVES THE
 PRODUCER  TO BE OUT OF COMPLIANCE.  INFORMATION ON NON-COMPLIANT PRODUC-
 ERS SHALL BE PROVIDED TO THE ATTORNEY GENERAL'S OFFICE IN A TIMELY FASH-
 ION;
   (H) A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY  THE
 ORGANIZATION  IN  THE  PRIOR  CALENDAR  YEAR, AND HOW THOSE EFFORTS WERE
 A. 5322                             7
 
 DESIGNED TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING  OF
 PACKAGING MATERIALS;
   (I)  AN  ASSESSMENT  OF  WHETHER THE FEE STRUCTURE PURSUANT TO SECTION
 27-3411 OF THIS TITLE HAS BEEN EFFECTIVE IN  INCENTIVIZING  IMPROVEMENTS
 TO THE DESIGN OF PACKAGING MATERIAL, INCLUDING ACTUAL REDUCTION OF PACK-
 AGING,  INCREASES  IN REUSABLE AND REFILLABLE PACKAGING, RECYCLING RATES
 FOR PACKAGING MATERIALS, AND DECREASES IN THE AMOUNT OF PACKAGING;
   (J) A DESCRIPTION OF THE REIMBURSEMENTS AND EXPENDITURES MADE PURSUANT
 TO SECTION 27-3411 OF THIS TITLE;
   (K) A RECOMMENDATION TO  THE  DEPARTMENT  TO  ADD  OR  REMOVE  COVERED
 PRODUCTS  FROM  THE  LIST  OF RECYCLABLE MATERIALS, BASED ON INFORMATION
 GATHERED FROM END MARKETS, INCLUDING COMMODITY BROKERS AND MANUFACTURERS
 WHO PURCHASE  POST-CONSUMER  MATERIALS  FOR  USE  IN  MANUFACTURING  NEW
 PRODUCTS;
   (L) AUDITED FINANCIAL STATEMENTS; AND
   (M) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   5.  THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL OPERATE A
 PROGRAM THAT PROVIDES FOR COLLECTION CONVENIENCE AS DESCRIBED IN SECTION
 27-3413 OF THIS TITLE.
   6. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL NOT  SPEND
 FUNDS  ON  LOBBYING  FEDERAL,  STATE,  OR  LOCAL GOVERNMENTS OR CAMPAIGN
 CONTRIBUTIONS TO ANY CANDIDATES RUNNING FOR OFFICE.
 § 27-3405. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
   1. WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF  THIS  TITLE,  EACH
 PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SHALL DEVELOP AND SUBMIT
 A PACKAGING REDUCTION AND RECYCLING PLAN TO THE DEPARTMENT FOR APPROVAL.
 THE PLAN SHALL BE SUBMITTED TO THE ADVISORY BOARD FOR REVIEW PURSUANT TO
 SECTION 27-3409 OF THIS TITLE PRIOR TO THE DEPARTMENT'S APPROVAL.
   2.  THE  PLAN  SHALL  COVER FIVE YEARS AND BE UPDATED EVERY FIVE YEARS
 FOLLOWING THE APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT  SHALL  HAVE
 THE  DISCRETION  TO  REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO
 THE FIVE-YEAR PERIOD PURSUANT TO SECTION 27-3417 OF THIS TITLE.
   3. EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX  MONTHS
 AFTER  THE  DATE  THE PLAN IS APPROVED OR NO LATER THAN TWO YEARS OF THE
 EFFECTIVE DATE OF THIS TITLE. IF NO PLAN IS APPROVED BY THAT  TIMEFRAME,
 THE PRODUCER SHALL BE SUBJECT TO PENALTIES FOR NONCOMPLIANCE.
   4. ANY PERSON THAT BECOMES A PRODUCER AFTER THE EFFECTIVE DATE OF THIS
 TITLE SHALL SUBMIT AN INDIVIDUAL PLAN, OR JOIN A PACKAGING REDUCTION AND
 RECYCLING  ORGANIZATION, WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTA-
 TION WITHIN SIX MONTHS OF PLAN APPROVAL OR BE SUBJECT TO  PENALTIES  FOR
 NONCOMPLIANCE.
   5. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  CONTACT  INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL
 ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED  REPRESENTATIVE  OF  THE
 PRODUCER OR PRODUCERS;
   (B)  THE  IDENTITY  OF  THE PRODUCER OR PRODUCERS PARTICIPATING IN THE
 PLAN;
   (C) A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF COVERED  MATERIALS
 FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR;
   (D)  A  DESCRIPTION  OF  THE PROPOSED FUNDING MECHANISM, IDENTIFIED IN
 SECTION 27-3411 OF THIS TITLE, THAT MEETS THE REQUIREMENTS OF THIS TITLE
 AND IS SUFFICIENT TO COVER THE COST OF OPERATING THE  PROGRAM,  UPDATING
 THE  PLAN, AND MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE
 PROGRAM IN A FISCALLY PRUDENT AND RESPONSIBLE MANNER;
   (E) AN OBJECTIVE FORMULA  ESTABLISHING  A  REIMBURSEMENT  RATE,  WHICH
 COVERS  OBLIGATIONS  IDENTIFIED  IN  THE NEEDS ASSESSMENT AND TAKES INTO
 A. 5322                             8
 
 ACCOUNT VARIABLE REGIONAL COSTS,  FOR  PARTICIPATING  MUNICIPALITIES  OR
 PRIVATE SECTOR SERVICE PROVIDERS;
   (F)  A  DESCRIPTION OF THE PROCESS FOR PARTICIPATING MUNICIPALITIES OR
 PRIVATE SECTOR SERVICE PROVIDERS TO RECOUP REASONABLE  COSTS  AS  ESTAB-
 LISHED  BY  THE  OBJECTIVE  FORMULA,  FROM THE PRODUCER OR ORGANIZATION,
 INCLUDING,  AS  APPLICABLE,  ANY  ADMINISTRATIVE,  SORTING,  COLLECTION,
 TRANSPORTATION,  PUBLIC EDUCATION, OR PROCESSING COSTS, IF THE ORGANIZA-
 TION USES EXISTING SERVICES  THROUGH  A  MUNICIPALITY  OR  OBTAINS  SUCH
 SERVICES FROM A PRIVATE SECTOR SERVICE PROVIDER;
   (G)  AT  A  MINIMUM,  THE FOLLOWING FUNDING MECHANISM DETAILS SHALL BE
 PROVIDED IN THE PLAN:
   (I) PROPOSED PROGRAM FEES, PROVIDED AS A TABLE LISTING THE  RATE  PAID
 FOR EACH MATERIAL CATEGORY, WHICH IN SUM, WILL GENERATE SUFFICIENT FUND-
 ING  TO  COVER  OBLIGATIONS  IDENTIFIED  IN THE NEEDS ASSESSMENT AND THE
 REQUIREMENTS OF THIS TITLE; AND
   (II) PROPOSED PROGRAM FEE ADJUSTMENTS  TO  INCORPORATE  ECO-MODULATION
 FACTORS;
   (H)  A  DESCRIPTION  OF  THE CHARACTERISTICS OF EACH TYPE OF PACKAGING
 MATERIAL THAT ARE RELEVANT  TO  THE  ECO-MODULATING  FACTORS  SET  FORTH
 PURSUANT TO SECTION 27-3411 OF THIS TITLE;
   (I)  A  DESCRIPTION  OF  THE  PROCESS  USED FOR THE CONTRACTING WITH A
 PRIVATE SECTOR ENTITY TO PROVIDE  SUCH  SERVICES  TO  RECOUP  REASONABLE
 COSTS IF THE MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE;
   (J)  HOW  THE  PRODUCERS OR ORGANIZATION WILL WORK WITH EXISTING WASTE
 HAULERS, MATERIAL RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES  TO
 OPERATE  OR  EXPAND  CURRENT  COLLECTION  PROGRAMS  TO  ADDRESS MATERIAL
 COLLECTION METHODS;
   (K) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION WILL USE  OPEN,
 COMPETITIVE,  AND  FAIR PROCUREMENT PRACTICES SHOULD THEY DIRECTLY ENTER
 INTO CONTRACTUAL AGREEMENTS WITH SERVICE  PROVIDERS,  INCLUDING  MUNICI-
 PALITIES AND PRIVATE ENTITIES;
   (L)  A DESCRIPTION OF HOW A MUNICIPALITY WILL PARTICIPATE, ON A VOLUN-
 TARY BASIS, WITH COLLECTION AND HOW EXISTING MUNICIPAL  RECYCLING  PROC-
 ESSING AND COLLECTION INFRASTRUCTURE WILL BE USED;
   (M)  A  DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION PLANS TO MEET
 THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE;
   (N) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING
 RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI-
 RONMENTALLY SOUND MANAGEMENT PRACTICES;
   (O) A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION  TO
 PURCHASE RECYCLED MATERIALS FROM PROCESSORS;
   (P)  A  DESCRIPTION  OF HOW PRODUCERS ARE COMPLYING WITH AND EXCEEDING
 THE WASTE REDUCTION, TOXICS, AND POST-CONSUMER CONTENT  REQUIREMENTS  OF
 THE TITLE;
   (Q) A DESCRIPTION OF HOW THE ORGANIZATION WILL STRATEGICALLY INVEST IN
 EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVEL-
 OPMENT  IN  THE  STATE,  INCLUDING,  BUT  NOT  LIMITED TO, INSTALLING OR
 UPGRADING EQUIPMENT TO IMPROVE SORTING OF COVERED MATERIALS OR  MITIGAT-
 ING  THE  IMPACTS  OF COVERED MATERIALS TO OTHER COMMODITIES AT EXISTING
 SORTING AND PROCESSING FACILITIES,  AND  CAPITAL  EXPENDITURES  FOR  NEW
 TECHNOLOGY, EQUIPMENT, AND FACILITIES;
   (R)  A  PROCESS  TO  ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND
 RESIDENTS;
   (S) A DESCRIPTION OF THE PRODUCER OR  ORGANIZATION'S  PUBLIC  OUTREACH
 EDUCATION PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS;
 A. 5322                             9
 
   (T)  A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND
 ADDRESSED IN THE DEVELOPMENT OF THE PLAN; AND
   (U)  A  DETAILED  DESCRIPTION  OF  HOW  THE  PRODUCERS OR ORGANIZATION
 CONSULTED WITH THE ADVISORY BOARD, THE PUBLIC, AND OTHER STAKEHOLDERS IN
 THE DEVELOPMENT OF THE PLAN PRIOR TO ITS SUBMISSION TO  THE  DEPARTMENT,
 AND  TO  WHAT EXTENT THE PRODUCERS OR ORGANIZATION SPECIFICALLY INCORPO-
 RATED THE ADVISORY BOARD'S INPUT INTO THE PLAN.
   6. THE PRODUCERS OR ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY BOARD
 A REASONABLE PERIOD OF TIME TO REVIEW AND COMMENT UPON  THE  DRAFT  PLAN
 PRIOR TO ITS SUBMISSION TO THE DEPARTMENT. THE PRODUCERS OR ORGANIZATION
 SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE A SUMMA-
 RY  AND  AN  ANALYSIS  OF  THE  ISSUES  RAISED BY THE ADVISORY BOARD AND
 SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT  OF  THE
 REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE PLAN,
 AND  A  DESCRIPTION  OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH
 COMMENTS.
 § 27-3407. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
   1. BEFORE APPROVAL OR DENIAL OF A PACKAGING  REDUCTION  AND  RECYCLING
 PLAN  CAN  BE MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER OR ORGAN-
 IZATION SHALL SUBMIT THE PLAN TO THE PACKAGING REDUCTION  AND  RECYCLING
 ADVISORY COUNCIL.
   2.  WITHIN  SIXTY DAYS OF THE ADVISORY COUNCIL MAKING A RECOMMENDATION
 TO THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO  APPROVE
 THE  PLAN  AS  SUBMITTED;  APPROVE THE PLAN WITH CONDITIONS; OR DENY THE
 PLAN, WITH REASONS FOR THE DENIAL.
   3. THE ADVISORY COUNCIL IN RECOMMENDING, AND THE DEPARTMENT IN APPROV-
 ING OR DENYING A PLAN, SHALL CONSIDER THAT:
   (A) THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS  DESCRIBED  IN  SECTION
 27-3405  OF  THIS  TITLE  WITH SUFFICIENT DETAIL TO DEMONSTRATE THAT THE
 PLAN WILL BE MET;
   (B) THE PRODUCER HAS UNDERTAKEN  SATISFACTORY  CONSULTATION  WITH  THE
 ADVISORY  COUNCIL,  THE PUBLIC, AND OTHER STAKEHOLDERS ON THE DRAFT PLAN
 PURSUANT TO SUBDIVISION SIX OF SECTION 27-3405 OF  THIS  TITLE  AND  HAS
 PROVIDED  AN  OPPORTUNITY FOR THE ADVISORY COUNCIL'S INPUT IN THE IMPLE-
 MENTATION AND OPERATION OF THE PLAN PRIOR TO SUBMISSION OF THE PLAN, AND
 HAS THOROUGHLY DESCRIBED  HOW  THE  ADVISORY  COUNCIL'S  INPUT  WILL  BE
 ADDRESSED BY AND INCORPORATED INTO THE PLAN;
   (C) THE PLAN ALSO ADEQUATELY PROVIDES FOR:
   (I)  THE  PRODUCER  COLLECTING AND FUNDING THE COSTS OF COLLECTING AND
 PROCESSING COVERED MATERIALS BY CONTRACTING WITH PRIVATE SECTOR  SERVICE
 PROVIDERS OR REIMBURSING MUNICIPALITIES;
   (II) THE FUNDING MECHANISM TO COVER THE COST OF THE PROGRAM, INCLUDING
 ADMINISTRATION,   ENFORCEMENT,   THE  STATEWIDE  NEEDS  ASSESSMENT,  AND
 DISBURSEMENTS INTO THE  WASTE  REDUCTION  AND  RECYCLING  INFRASTRUCTURE
 FUND;
   (III)  CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR
 COLLECTION SERVICES;
   (IV) A FORMULAIC SYSTEM FOR EQUITABLE DISTRIBUTION OF FUNDS;
   (V) COMPREHENSIVE PUBLIC EDUCATION AND OUTREACH;
   (VI) AN EVALUATION SYSTEM FOR THE FEE STRUCTURE, WHICH SHALL BE EVALU-
 ATED ON AN ANNUAL BASIS BY THE ORGANIZATION AND RESUBMITTED AND APPROVED
 BY THE DEPARTMENT ANNUALLY;
   (VII) A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT IS,  AT  MINI-
 MUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVI-
 OUS WASTE COLLECTION SYSTEM IN THE PARTICULAR JURISDICTION; AND
 A. 5322                            10
 
   (VIII)  ADEQUATE  CONSIDERATION  OF THE STATE'S SOLID WASTE MANAGEMENT
 POLICY SET FORTH IN SECTION 27-0106 OF THIS ARTICLE.
   4.  THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI-
 TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE  INTENT  OF  THIS  TITLE;
 PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED
 ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN UNLESS SUCH ADDITIONAL
 REQUIREMENTS  ARE  IN  RELATION  TO  THE POWER GRANTED TO THE DEPARTMENT
 SECTION 27-3417 OF THIS TITLE.
   5. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS  APPROVED,  THE
 ORGANIZATION  SHALL  IMPLEMENT  THE  APPROVED  PLAN.  THE DEPARTMENT MAY
 RESCIND THE APPROVAL OF AN APPROVED PLAN AT  ANY  TIME  WITH  CAUSE  AND
 DOCUMENTED JUSTIFICATION.
 § 27-3409. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
   1.  THERE  IS  HEREBY  ESTABLISHED  WITHIN  THE DEPARTMENT A PACKAGING
 REDUCTION AND RECYCLING ADVISORY COUNCIL TO RECEIVE AND REVIEW THE PACK-
 AGING REDUCTION AND RECYCLING PLANS REQUIRED UNDER  SECTION  27-3405  OF
 THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL
 OF  THE  PLANS,  AND  TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZA-
 TIONS.
   2. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  COMMISSIONER SHALL APPOINT THE MEMBERS OF THE ADVISORY COUNCIL. THE
 ADVISORY COUNCIL SHALL BE COMPOSED OF THIRTEEN MEMBERS, AND THE  COMMIS-
 SIONER SHALL APPOINT AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING:
   (A) A MUNICIPALITY ASSOCIATION OR MUNICIPAL RECYCLING PROGRAM, INCLUD-
 ING AN ADDITIONAL MUNICIPAL REPRESENTATIVE FROM CITIES WITH A POPULATION
 OF ONE MILLION OR MORE RESIDENTS;
   (B) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (C) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY AFFECTED BY
 SOLID WASTE INFRASTRUCTURE;
   (D) AN ENVIRONMENTAL JUSTICE ORGANIZATION;
   (E) A STATEWIDE WASTE DISPOSAL OR RECYCLING ASSOCIATION;
   (F) A MATERIALS RECOVERY FACILITY LOCATED WITHIN THE STATE;
   (G) A RECYCLING COLLECTION PROVIDER;
   (H)  A  MANUFACTURER  OF  PACKAGING  MATERIALS UTILIZING POST-CONSUMER
 RECYCLED CONTENT;
   (I) A CONSUMER ADVOCATE;
   (J) A RETAILER;
   (K) A PUBLIC HEALTH SPECIALIST; AND
   (L) A PRODUCER OR  PRODUCER  RESPONSIBILITY  ORGANIZATION  ESTABLISHED
 UNDER THIS TITLE AS NON-VOTING MEMBERS.
   4.  APPOINTMENTS  TO  THE  ADVISORY  COUNCIL  ARE TERM-LIMITED TO FIVE
 CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR-
 ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN  ONE  CONSECUTIVE
 YEAR;
   5.  ANY  MEMBER  OF  THE  ADVISORY COUNCIL WHO REPRESENTS A REGISTERED
 501(C)(3) NON-PROFIT CHARITABLE  ORGANIZATION,  PURSUANT  TO  26  U.S.C.
 501(C)(3),  SHALL  BE  PROVIDED  A STIPEND FOR THEIR WORK AS AN ADVISORY
 COUNCIL MEMBER AT AN AMOUNT EQUAL TO TWO HUNDRED FORTY HOURS, MULTIPLIED
 BY DOUBLE THE PREVAILING MINIMUM WAGE;
   6. ALL DECISIONS MADE BY THE ADVISORY  COUNCIL  SHALL  BE  DECIDED  BY
 VOTING  AND VOTES SHALL ONLY BE VALID WHEN A QUORUM IS PRESENT. A QUORUM
 SHALL EXIST WHEN GREATER THAN FIFTY PERCENT OF VOTING MEMBERS ARE  PRES-
 ENT. THE ADVISORY COUNCIL SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF
 THE CHAIR OR BY REQUEST OF MORE THAN HALF THE MEMBERS.  THE DECISIONS OF
 THE ADVISORY COUNCIL SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP;
 A. 5322                            11

   7.  THE  COUNCIL  SHALL  DETERMINE  WHETHER  THE  PLAN SUBMITTED UNDER
 SECTION 27-3407 OF THIS TITLE MEETS THE CRITERIA  AND  OBJECTIVES  UNDER
 THIS SECTION IN MAKING ITS RECOMMENDATION.
   8. THE ADVISORY COUNCIL SHALL, WITHIN NINETY DAYS OF THE SUBMISSION OF
 A PACKAGING REDUCTION AND RECYCLING PLAN, EITHER:
   (A)  FORWARD  THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR
 APPROVAL; OR
   (B) FORWARD THE PLAN TO THE  COMMISSIONER  WITH  ITS  DISAPPROVAL  AND
 STATED  REASONS  THEREFOR, INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN
 NECESSARY FOR APPROVAL.
   9. AN ORGANIZATION MAY RESUBMIT A PACKAGING  REDUCTION  AND  RECYCLING
 PLAN  FOR  APPROVAL  AT  ANY  TIME. UPON SUCH RESUBMISSION, THE ADVISORY
 COUNCIL SHALL, WITHIN NINETY DAYS, FORWARD THE PLAN TO THE  COMMISSIONER
 WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL.
   10. THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND
 MAKE  SUCH  RECOMMENDATIONS  TO  THE DEPARTMENT AND THE ORGANIZATION FOR
 IMPROVING FUTURE PLANS.
 § 27-3411. FUNDING MECHANISM.
   1. A PACKAGING REDUCTION AND RECYCLING  ORGANIZATION  SHALL  ESTABLISH
 PROGRAM  PARTICIPATION  FEES  FOR PRODUCERS THROUGH THE PLAN PURSUANT TO
 SECTION 27-3405 OF THIS TITLE, WHICH SHALL BE SUFFICIENT  TO  COVER  ALL
 COSTS  OF THE PROGRAM, INCLUDING ADMINISTRATION, ENFORCEMENT, THE STATE-
 WIDE NEEDS ASSESSMENT, AND DISBURSEMENTS INTO THE  WASTE  REDUCTION  AND
 REUSE  INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-
 BBBBB OF THE STATE FINANCE LAW.
   2. A PACKAGING REDUCTION AND RECYCLING  ORGANIZATION  SHALL  STRUCTURE
 PROGRAM  CHARGES  TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES THROUGH
 ECO-MODULATION, TO REWARD  WASTE  AND  SOURCE  REDUCTION  AND  RECYCLING
 COMPATIBILITY  INNOVATIONS  AND PRACTICES, AND TO DISINCENTIVIZE DESIGNS
 OR PRACTICES THAT INCREASE COSTS  OF  MANAGING  THE  PRODUCTS  OR  WHICH
 CONTAIN TOXIC SUBSTANCES.
   3. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION MAY ADJUST FEES TO
 BE  PAID  BY PARTICIPATING PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM
 COSTS. AT A MINIMUM, FEES SHALL BE VARIABLE BASED ON:
   (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR ANOTHER FORM  OF  RESIDEN-
 TIAL  SERVICE  THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION
 OR AS CONVENIENT AS  THE  PREVIOUS  RECYCLING  COLLECTION  PLAN  IN  THE
 PARTICULAR   JURISDICTION  OR  AS  CONVENIENT  AS  THE  PREVIOUS  REFUSE
 COLLECTION  PLAN  IN  THE  PARTICULAR  JURISDICTION   SHOULD   RECYCLING
 COLLECTION NOT BE PROVIDED;
   (B)  COSTS  TO  PROCESS  COVERED MATERIALS FOR ACCEPTANCE BY SECONDARY
 MATERIAL MARKETS;
   (C) WHETHER THE COVERED MATERIAL WOULD TYPICALLY BE READILY-RECYCLABLE
 EXCEPT THAT AS A CONSEQUENCE OF  THE  PACKAGING  DESIGN,  THE  PACKAGING
 PRODUCT  HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT
 INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY  METALS  OR  OTHER
 TOXIC SUBSTANCES THAT WOULD CONTAMINATE THE RECYCLING PROCESS;
   (D)  WHETHER  THE  PACKAGING  MATERIAL  IS SPECIFICALLY DESIGNED TO BE
 REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE; AND
   (E) THE COMMODITY VALUE OF A PACKAGING MATERIAL.
   4. THE FEES SHALL BE ADJUSTED, OR THE  PRODUCERS  MAY  BE  PROVIDED  A
 CREDIT,  BASED  UPON  THE  PERCENTAGE OF POST-CONSUMER RECYCLED MATERIAL
 CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT  SHALL  BE
 VERIFIED  BY  THE  ORGANIZATION  OR  THROUGH  AN INDEPENDENT THIRD PARTY
 APPROVED TO PERFORM VERIFICATION SERVICES TO ENSURE THAT SUCH PERCENTAGE
 A. 5322                            12

 EXCEEDS THE MINIMUM REQUIREMENTS IN THE PACKAGING, AS LONG AS THE  RECY-
 CLED CONTENT DOES NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING.
   5.  IN  ADDITION  TO THE ANNUAL SCHEDULE OF FEES APPROVED IN THE PLAN,
 THE ORGANIZATION FEE  SCHEDULE  MAY  INCLUDE  A  SPECIAL  ASSESSMENT  ON
 SPECIFIC CATEGORIES OF PACKAGING MATERIALS AT THE REQUEST OF RESPONSIBLE
 ENTITIES REPRESENTING AND APPROVED BY THE ADVISORY COUNCIL IF THE NATURE
 OF  THE  PACKAGING MATERIAL IMPOSES UNUSUAL COSTS IN COLLECTION OR PROC-
 ESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO  RECY-
 CLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING FACILITIES.
   6.  THE  REVENUE  FROM  ANY  SPECIAL  ASSESSMENT SHALL BE USED TO MAKE
 SYSTEM IMPROVEMENTS FOR THE SPECIFIC PACKAGING MATERIALS OR PRODUCTS  ON
 WHICH THE SPECIAL ASSESSMENT WAS APPLIED.
   7. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE RESPONSI-
 BLE  FOR  CALCULATING  AND  DISPERSING FUNDING AT A REASONABLE RECYCLING
 PROGRAM FUNDING RATE  THROUGH  AN  OBJECTIVE  FORMULA  APPROVED  BY  THE
 DEPARTMENT,  AND  SUCH REASONABLE RATE MAY BE VARIED BASED ON POPULATION
 DENSITY RATES, FOR MUNICIPAL SERVICES UTILIZED BY A PACKAGING  REDUCTION
 AND  RECYCLING ORGANIZATION IF THE MUNICIPALITY ELECTS TO BE COMPENSATED
 BY THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION IN THE COLLECTION,
 RECOVERY, RECYCLING, AND PROCESSING OF COVERED MATERIALS  AND  PRODUCTS,
 WHETHER  SUCH  SERVICES  ARE  PROVIDED  DIRECTLY  BY THE MUNICIPALITY OR
 THROUGH A CONTRACTED SERVICE PROVIDER.
   8. IF A MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE, AND HAS  GIVEN
 NOTICE  TO  THE  DEPARTMENT  OF  ITS INTENT, THE PACKAGING REDUCTION AND
 RECYCLING ORGANIZATION SHALL  BE  RESPONSIBLE  FOR  CONTRACTING  WITH  A
 PRIVATE ENTITY FOR SERVICES AND SHALL BE RESPONSIBLE FOR CALCULATING AND
 DISBURSING   FUNDING   AT   A  REASONABLE  RECYCLING  PROGRAM  RATE  FOR
 COLLECTION, RECYCLING, RECOVERY, AND PROCESSING SERVICES PROVIDED BY THE
 PRIVATE SECTOR ENTITY CONTRACTED TO PROVIDE SUCH SERVICES.
   9. THE PROGRAM FUNDING MECHANISM SHALL BE BASED ON THE COST OF PROVID-
 ING RECYCLING SERVICES, INCLUDING THE COST OF CURBSIDE CONTAINERS  WHERE
 RELEVANT,  AS  WELL AS THE PROCESSING COST FOR EACH RECYCLABLE MATERIAL,
 COST OF HANDLING NON-RECYCLABLE MATERIAL TYPES COLLECTED AS  PART  OF  A
 RECYCLING  OPERATION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL
 TYPE, AND ANY OTHER COST FACTORS AS DETERMINED BY THE DEPARTMENT.
   10. TO FACILITATE A PACKAGING REDUCTION AND  RECYCLING  ORGANIZATION'S
 DETERMINATION OF THE REASONABLE COST OF RECYCLING, PARTICIPATING MUNICI-
 PALITIES  AND  PRIVATE  SECTOR  HAULERS  CONTRACTING  WITH THE PACKAGING
 REDUCTION AND RECYCLING ORGANIZATION SHALL REPORT DATA RELATED TO  THEIR
 COSTS  AND THE VALUE OF MATERIALS TO THE PACKAGING REDUCTION AND RECYCL-
 ING ORGANIZATION. COST CALCULATIONS SHALL TAKE  INTO  CONSIDERATION  THE
 AMOUNT RECEIVED FROM THE SALE OF SOURCE SEPARATED MATERIALS.
   11.  ANY  FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE
 USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF A PACKAGING REDUCTION
 AND RECYCLING ORGANIZATION.
   12. NO RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE  TO  CONSUMERS
 TO FACILITATE A PRODUCER TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE
 OBLIGATIONS UNDER THIS TITLE.
   13.  NOTHING IN THIS TITLE SHALL REQUIRE A MUNICIPALITY TO PARTICIPATE
 IN THE PACKAGING REDUCTION AND RECYCLING PROGRAM.
 § 27-3413. COLLECTION AND CONVENIENCE.
   1. A PRODUCER OR ORGANIZATION SHALL PROVIDE  FOR  WIDESPREAD,  CONVEN-
 IENT,  AND  EQUITABLE  ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE
 COVERED MATERIALS AT NO ADDITIONAL COST.  SUCH  OPPORTUNITIES  SHALL  BE
 PROVIDED TO ALL RESIDENTS OF THE STATE IN A MANNER THAT IS AS CONVENIENT
 AS  THE  COLLECTION OF MUNICIPAL SOLID WASTE. A PRODUCER OR ORGANIZATION
 A. 5322                            13
 
 SHALL ENSURE SERVICES CONTINUE FOR CURBSIDE RECYCLING  PROGRAMS  THAT  A
 MUNICIPALITY  SERVES  AS  OF  THE  EFFECTIVE  DATE OF THIS TITLE, EITHER
 DIRECTLY OR THROUGH A  CONTRACT  TO  PROVIDE  SERVICES,  AND  THAT  SUCH
 SERVICES  ARE  CONTINUED  THROUGH  SUCH  PRODUCER OR ORGANIZATION'S PLAN
 PURSUANT TO SECTION 27-3405 OF THIS TITLE.
   2. A PLAN SHALL NOT RESTRICT A JURISDICTION'S  RESIDENT'S  ABILITY  TO
 CONTRACT  DIRECTLY  WITH  THIRD  PARTIES  TO OBTAIN RECYCLING COLLECTION
 SERVICES IF RESIDENTS HAVE THE OPTION TO ENTER INTO SUCH CONTRACTS AS OF
 THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE RESIDENT  STILL  VOLUN-
 TARILY CHOOSES TO CONTRACT DIRECTLY WITH THE THIRD PARTY.
   3.  AN  ORGANIZATION  MAY  RELY ON A RANGE OF MEANS TO COLLECT VARIOUS
 CATEGORIES OF COVERED MATERIALS SO LONG AS COVERED MATERIALS  COLLECTION
 OPTIONS  INCLUDE  CURBSIDE  RECYCLING  COLLECTION  SERVICES  PROVIDED BY
 MUNICIPAL  PROGRAMS,  MUNICIPAL   CONTRACTED   PROGRAMS,   SOLID   WASTE
 COLLECTION  COMPANIES,  OR  OTHER APPROVED ENTITIES AS IDENTIFIED BY THE
 DEPARTMENT IF:
   (A) THE CATEGORY OF COVERED MATERIALS IS DEFINED BY THE DEPARTMENT  AS
 RECYCLABLE,   AND   IS   SUITABLE  FOR  RESIDENTIAL  CURBSIDE  RECYCLING
 COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE
 CURBSIDE COLLECTED MATERIAL;
   (B) THE RECYCLING FACILITY PROVIDING PROCESSING  AND  SORTING  SERVICE
 AGREES TO INCLUDE THE CATEGORY OF COVERED MATERIALS AS AN ACCEPTED MATE-
 RIAL;
   (C)  THE  COVERED  MATERIALS CATEGORY IS NOT HANDLED THROUGH A DEPOSIT
 AND RETURN SCHEME OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION  SYSTEM
 OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND
   (D)  THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES
 TO THE ORGANIZATION'S SERVICE PROVIDER COSTS ARRANGEMENT.
   4. THE PRODUCER OR ORGANIZATION SHALL INCLUDE,  AT  A  MINIMUM,  THOSE
 MATERIALS  DESIGNATED BY THE DEPARTMENT AS RECYCLABLE MATERIALS, AND MAY
 ADD COVERED  PRODUCTS  BASED  ON  AVAILABLE  COLLECTION  AND  PROCESSING
 INFRASTRUCTURE AND RECYCLING MARKETS FOR COVERED MATERIALS.
   5.  THE PRODUCER OR ORGANIZATION SHALL UPDATE AND ADOPT THE LIST ON AN
 ANNUAL BASIS, IN CONSULTATION WITH THE ADVISORY BOARD  AND  THE  DEPART-
 MENT,  IN RESPONSE TO COLLECTION AND PROCESSING IMPROVEMENTS AND CHANGES
 IN RECYCLING END MARKETS. IF THERE ARE MULTIPLE  LISTS,  THE  DEPARTMENT
 SHALL COMPILE THE LISTS AND SHALL PUBLISH A COMPILED LIST TO THE PUBLIC.
 SUCH  LISTS  MAY VARY BY GEOGRAPHIC REGION DEPENDING ON REGIONAL MARKETS
 AND REGIONAL COLLECTION AND PROCESSING INFRASTRUCTURE.
   6. ALL MUNICIPALITIES OR PRIVATE  RECYCLING  SERVICE  PROVIDERS  SHALL
 PROVIDE  FOR  THE  COLLECTION  AND  RECYCLING  OF  ALL COVERED MATERIALS
 CONTAINED ON THE  LIST  OF  MINIMUM  RECYCLABLES,  BASED  ON  GEOGRAPHIC
 REGIONS,  IN  ORDER TO BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED, HOWEVER,
 NOTHING SHALL PENALIZE A MUNICIPALITY OR PRIVATE RECYCLING  SERVICE  FOR
 RECOVERING  AND  RECYCLING  MATERIALS  THAT ARE GENERATED IN THE MUNICI-
 PALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE LIST OF MINIMUM
 TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS AS LONG AS IT  CAN  BE
 DEMONSTRATED  THAT  SUCH  MATERIALS  HAVE  A MARKET AS DETERMINED BY THE
 DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION.
   7. REIMBURSEMENT SHALL COVER RECYCLING OF  ALL  COVERED  MATERIALS  SO
 LONG  AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLABLES LIST. THE
 DEPARTMENT MAY GRANT AN EXCEPTION OF THE REQUIREMENTS IN  THIS  SUBDIVI-
 SION  UPON  A  WRITTEN  SHOWING BY THE MUNICIPALITY OR PRIVATE RECYCLING
 SERVICE THAT COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE  FOR  A
 SPECIFIC  IDENTIFIED  PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT
 IS IN THE BEST INTEREST OF THE INTENT OF THIS TITLE  TO  GRANT  THEM  AN
 A. 5322                            14
 
 EXTENSION;  PROVIDED, HOWEVER, THAT THE EXTENSION GRANTED BY THE DEPART-
 MENT SHALL NOT EXCEED TWELVE MONTHS.
 § 27-3415. PRODUCER RESPONSIBILITIES.
   1.  BEGINNING  ONE  YEAR  AFTER  THE  EFFECTIVE  DATE OF THIS TITLE, A
 PRODUCER SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE  A
 PRODUCT  CONTAINED,  PROTECTED,  DELIVERED, PRESENTED, OR DISTRIBUTED IN
 PACKAGING UNLESS THE PRODUCER IS REGISTERED WITH A  PACKAGING  REDUCTION
 AND  RECYCLING ORGANIZATION AND IN FULL COMPLIANCE WITH ALL REQUIREMENTS
 OF THIS TITLE.
   2. PRODUCERS ARE RESPONSIBLE FOR PAYMENT OF FEES, THROUGH AN ORGANIZA-
 TION, BASED ON THE QUANTITY, TYPE OF PACKAGING USED IN  THE  STATE,  AND
 OTHER FACTORS.
   3. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG-
 ING REDUCTION, AND POST-CONSUMER CONTENT STANDARDS UNDER THIS TITLE.
   4.  A  PRODUCER  SHALL  ANNUALLY REPORT TO THE PACKAGING REDUCTION AND
 RECYCLING ORGANIZATION:
   (A) THE TOTAL AMOUNT, IN UNITS AND BY WEIGHT, OF EACH TYPE OF  COVERED
 MATERIAL  SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE INTO THE STATE
 BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND
   (B) ALL INFORMATION NECESSARY FOR THE  PRODUCER  AND  ORGANIZATION  TO
 MEET THEIR OBLIGATIONS REQUIRED UNDER THIS TITLE.
   5.  A  PRODUCER  SHALL SUBMIT ALL FEES ASSESSED ON THE PRODUCER BY THE
 PACKAGING REDUCTION AND RECYCLING ORGANIZATION.
   6. A PRODUCER  SHALL  ELECTRONICALLY  SUBMIT  ANNUALLY,  TO  BOTH  THE
 DEPARTMENT  AND  THE  PACKAGING  REDUCTION AND RECYCLING ORGANIZATION, A
 WRITTEN DECLARATION SIGNED BY ITS CHIEF EXECUTIVE OFFICER, VERIFYING THE
 PRODUCER'S COMPLIANCE WITH:
   (A) THE COVERED PRODUCT REDUCTION REQUIREMENTS OF THIS TITLE;
   (B) THE COVERED PRODUCT RECYCLED CONTENT REQUIREMENTS OF  THIS  TITLE;
 AND
   (C) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE.
   7. A PRODUCER IS EXEMPT FROM THE REQUIREMENTS AND PROHIBITIONS OF THIS
 TITLE IN A CALENDAR YEAR IN WHICH:
   (A) THE PRODUCER REALIZED LESS THAN ONE MILLION DOLLARS IN TOTAL GROSS
 REVENUE DURING THE PRIOR CALENDAR YEAR; OR
   (B)  THE  PRODUCER  SOLD,  OFFERED  FOR  SALE, OR DISTRIBUTED FOR SALE
 PRODUCTS CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR  DISTRIBUTED  IN
 OR  USING  LESS  THAN  ONE TON OF PACKAGING MATERIAL IN TOTAL DURING THE
 PRIOR CALENDAR YEAR.
   8. A PRODUCER CLAIMING AN EXEMPTION PURSUANT TO SUBDIVISION  SEVEN  OF
 THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO
 DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION.
 § 27-3417. DEPARTMENT RESPONSIBILITIES.
   1.  THE  DEPARTMENT  SHALL DETERMINE THE EFFECTIVENESS OF OUTREACH AND
 EDUCATION EFFORTS PURSUANT TO SECTION 27-3421 OF THIS TITLE TO DETERMINE
 WHETHER CHANGES ARE NECESSARY TO IMPROVE  SUCH  OUTREACH  AND  EDUCATION
 EFFORTS  AND  DEVELOP  INFORMATION  THAT MAY BE USED BY ORGANIZATIONS TO
 IMPROVE FUTURE OUTREACH AND EDUCATION EFFORTS.
   2. THE DEPARTMENT SHALL MAINTAIN  A  LIST  OF  MATERIALS  AND  COVERED
 PRODUCTS  THAT MEET THE STANDARD TO BE CONSIDERED RECYCLABLE PURSUANT TO
 SECTION 27-3431 OF THIS TITLE TO BE  USED  AS  THE  MINIMUM  RECYCLABLES
 LIST.
   3.  IN  THE  EVENT  THAT  THE  DEPARTMENT  DETERMINES THAT A PACKAGING
 REDUCTION AND RECYCLING ORGANIZATION NO LONGER MEETS THE REQUIREMENTS OF
 THIS TITLE, OR FAILS TO IMPLEMENT AND  ADMINISTER  THE  REQUIREMENTS  OF
 THIS  TITLE IN A MANNER THAT EFFECTUATES THE PURPOSES OF THIS TITLE, THE
 A. 5322                            15
 
 DEPARTMENT SHALL REVOKE ITS APPROVAL OF  SUCH  ORGANIZATION'S  PACKAGING
 REDUCTION  AND RECYCLING ORGANIZATION PLAN, AND MAY ELECT TO OPERATE THE
 PROGRAM ITSELF.
 § 27-3419. STATEWIDE  PACKAGING  REDUCTION,  REUSE,  AND RECYCLING NEEDS
              ASSESSMENT.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE DEPARTMENT SHALL COMPLETE OR CAUSE TO BE COMPLETED A STATEWIDE PACK-
 AGING  REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT TO DETERMINE THE
 CURRENT STATE OF PACKAGING REUSE, RECYCLING, AND DISPOSAL, AND  IDENTIFY
 BARRIERS  AND  OPPORTUNITIES TO REDUCE THE AMOUNT OF PACKAGING DISCARDED
 AND DISPOSED OF, AND INCREASE THE REUSABILITY AND RECYCLABILITY OF PACK-
 AGING.
   2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING:
   (A) THE CURRENT RECYCLING RATE FOR EACH TYPE OF COVERED PRODUCT  MATE-
 RIAL;
   (B)  THE AMOUNT, BY WEIGHT AND MATERIAL TYPE, OF COVERED PRODUCT RECY-
 CLED AT EACH RECYCLING FACILITY THAT ACCEPTS DISCARDED PACKAGING  GENER-
 ATED IN THE STATE;
   (C)  THE  PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN
 THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND COVERED
 PRODUCT MATERIAL CATEGORIES SPECIFICALLY;
   (D) THE NET  COST  OF  END-OF-LIFE  MANAGEMENT  OF  DISCARDED  COVERED
 PRODUCTS   IN   THE  STATE,  INCLUDING  THE  COST  ASSOCIATED  WITH  THE
 COLLECTION, TRANSPORTATION, SORTATION, RECYCLING,  LITTERING,  LANDFILL-
 ING, OR INCINERATION OF DISCARDED PACKAGING;
   (E)  THE  AVAILABILITY  OF  OPPORTUNITIES  IN  THE RECYCLING AND REUSE
 SYSTEM FOR MINORITY- AND WOMEN-OWNED BUSINESSES;
   (F) CURRENT BARRIERS AFFECTING RECYCLING ACCESS  AND  AVAILABILITY  IN
 THE STATE;
   (G)  CURRENT  BARRIERS  TO  THE  MARKETABILITY OF RECYCLABLE MATERIALS
 GENERATED IN THE STATE;
   (H) OPPORTUNITIES FOR THE CREATION OF COVERED PRODUCT REUSE AND REFILL
 PROGRAMS IN THE STATE;
   (I) OPPORTUNITIES FOR THE IMPROVEMENT OF COVERED PRODUCT RECYCLING  IN
 THE STATE, INCLUDING THE DEVELOPMENT OF END MARKETS FOR RECYCLED COVERED
 MATERIALS.
   (J)  CURRENT  BARRIERS  AFFECTING  THE  CREATION AND IMPLEMENTATION OF
 COVERED PRODUCT REUSE AND REFILL PROGRAMS;
   (K) CONSUMER EDUCATION NEEDS IN THE  STATE  WITH  RESPECT  TO  COVERED
 PRODUCT  WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY-
 CLING, AND REUSE AND REFILL SYSTEMS FOR COVERED PRODUCTS; AND
   (L) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY.
   3. THE COST INCURRED BY THE DEPARTMENT ASSOCIATED WITH CONDUCTING  THE
 NEEDS ASSESSMENT SHALL BE PAID FOR BY THE ORGANIZATION.
   4.  THE DEPARTMENT SHALL REPORT THE RESULTS OF THE NEEDS ASSESSMENT TO
 THE PUBLIC, THE STATE LEGISLATURE, THE GOVERNOR, THE COMPTROLLER AND THE
 ATTORNEY GENERAL.
 § 27-3421. EDUCATION AND OUTREACH PROGRAM.
   1. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION  SHALL  DEVELOP
 AND  IMPLEMENT  AN  EDUCATIONAL OUTREACH PROGRAM DESIGNED TO EDUCATE THE
 PUBLIC ABOUT WASTE REDUCTION AND IMPROVE THE EFFECTIVENESS OF  MUNICIPAL
 RECYCLING AND, AT A MINIMUM, INCLUDE:
   (A)  EDUCATIONAL  AND INFORMATIONAL MATERIALS FOR CONSUMERS RELATED TO
 REDUCING THE AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN
 THE STATE;
 A. 5322                            16
 
   (B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON-
 MENTAL JUSTICE IMPACTS ASSOCIATED  WITH  IMPROPER  DISPOSAL  OF  COVERED
 PRODUCTS AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS;
   (C)  INFORMATION  ON  THE  PROPER  END-OF-LIFE  MANAGEMENT  OF COVERED
 PRODUCTS, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL;
   (D) THE LOCATION AND AVAILABILITY OF CURBSIDE RECYCLING AND ADDITIONAL
 DROP-OFF COLLECTION OPPORTUNITIES FOR COVERED PRODUCTS, INCLUDING DEPOS-
 IT AND TAKE-BACK PROGRAMS;
   (E) HOW TO PREVENT LITTER  OF  COVERED  PRODUCTS  IN  THE  PROCESS  OF
 COLLECTION;
   (F)  RECYCLING  INSTRUCTIONS  THAT ARE CONSISTENT STATEWIDE, EXCEPT AS
 NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESS-
 ING CAPABILITIES, EASY TO UNDERSTAND, AND EASILY ACCESSIBLE; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   2. EDUCATIONAL OUTREACH PROGRAMS  SHALL  INCORPORATE,  AT  A  MINIMUM,
 ELECTRONIC,  PRINT,  WEB-BASED  AND  SOCIAL  MEDIA ELEMENTS THAT MUNICI-
 PALITIES CAN UTILIZE AT THEIR DISCRETION, AS WELL AS INCLUDING A VARIETY
 OF OUTREACH AND EDUCATION TOOLS AND ENSURING MATERIALS ARE WIDELY ACCES-
 SIBLE AND AVAILABLE IN MULTIPLE LANGUAGES.
   3. THE EDUCATIONAL OUTREACH PROGRAM  SHALL  BE  COORDINATED  WITH  AND
 ASSIST  LOCAL  MUNICIPAL  PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID
 WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES.
   4. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE DEVELOPED TO ENSURE ENVI-
 RONMENTAL JUSTICE COMMUNITIES RECEIVE TARGETED OUTREACH AND SUPPORT.
   5. THE EDUCATIONAL OUTREACH PROGRAM SHALL INCLUDE A PLAN TO WORK  WITH
 PARTICIPATING  PRODUCERS TO LABEL OR MARK PACKAGING MATERIAL, IN ACCORD-
 ANCE WITH REASONABLE LABELING  STANDARDS,  WITH  INFORMATION  TO  ASSIST
 CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS.
   6.  EACH  PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL CONSULT
 WITH MUNICIPALITIES ON THE DEVELOPMENT OF EDUCATIONAL MATERIALS AND  MAY
 COORDINATE WITH MUNICIPALITIES ON OUTREACH AND COMMUNICATION.
   7.  A  PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE AUTHOR-
 IZED TO PROVIDE  PRODUCERS  AND  RETAILERS  WITH  EDUCATIONAL  MATERIALS
 RELATED  TO  THE RESPONSIBLE REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF
 DISCARDED COVERED PRODUCTS. THE EDUCATIONAL AND INFORMATIONAL  MATERIALS
 PROVIDED  TO  THE  RETAILER UNDER THIS SUBDIVISION MAY INCLUDE, BUT NEED
 NOT BE LIMITED TO, PRINTED MATERIALS, SIGNAGE,  TEMPLATES  OF  MATERIALS
 THAT CAN BE REPRODUCED BY RETAILERS AND PROVIDED THEREBY TO CONSUMERS AT
 THE TIME OF A PRODUCT'S PURCHASE, AND ADVERTISING MATERIALS THAT PROMOTE
 AND  ENCOURAGE  CONSUMERS  TO  PROPERLY  REUSE,  RECYCLE,  OR DISPOSE OF
 COVERED PRODUCTS.
 § 27-3423. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND.
   1. THE DEPARTMENT SHALL OVERSEE THE WASTE REDUCTION AND REUSE  INFRAS-
 TRUCTURE  FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE
 STATE FINANCE LAW, WHICH IS TO PAY FOR INVESTMENTS IN REUSE  AND  REFILL
 AND WASTE REDUCTION INFRASTRUCTURE.
   2.  EACH  PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL DEPOSIT
 INTO THE FUND NO LESS THAN FIVE PERCENT OF THE TOTAL  PAYMENTS  RECEIVED
 FROM PRODUCERS PURSUANT TO THE PROVISIONS OF THIS TITLE.
   3. FUNDS SHALL BE USED FOR INVESTMENT IN COLLECTION SYSTEMS, TRANSPOR-
 TATION  SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS, REDISTRIBUTION SYSTEMS,
 TECHNOLOGY FOR TRACKING AND DATA COLLECTION, CAPITAL EXPENDITURES ON NEW
 AND EMERGING TECHNOLOGY THAT IS FOCUSED ON REUSABLE AND REFILLABLE PACK-
 AGING, AS WELL AS EQUIPMENT, AND FACILITIES, AND OTHER  PROJECTS  DETER-
 MINED  BY  THE DEPARTMENT TO FACILITATE THE GOALS AND OBJECTIVES OF THIS
 TITLE.
 A. 5322                            17
 
   4. FUNDS MAY ALSO BE USED FOR INVESTMENT IN PUBLIC OUTREACH AND EDUCA-
 TION IN WAYS THAT INCREASE PUBLIC PARTICIPATION IN  RECYCLING  PROGRAMS,
 AND  ACCESS  AND PARTICIPATION IN PACKAGING REDUCTION, REUSE, AND REFILL
 SYSTEMS THROUGHOUT THE STATE.
   5.  THE  PACKAGING  REDUCTION AND RECYCLING ORGANIZATIONS SHALL PRIOR-
 ITIZE INVESTMENTS FOR PROJECTS AND PROGRAMS THAT WILL  DIRECTLY  BENEFIT
 ENVIRONMENTAL JUSTICE COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, COMMU-
 NITIES  THAT  ARE  HOME TO A LANDFILL, INCINERATOR, TRANSFER STATION, OR
 WASTE-TO-ENERGY FACILITY.
   6. ANY INVESTMENTS MADE PURSUANT TO THIS SECTION MUST BE  APPROVED  BY
 THE  DEPARTMENT.  THE  DEPARTMENT SHALL APPROVE OR DENY PROPOSED INVEST-
 MENTS WITHIN NINETY DAYS OF RECEIPT  OF  A  PROPOSAL  FROM  A  PACKAGING
 REDUCTION  AND RECYCLING ORGANIZATION. SUCH INVESTMENTS MAY BE APPROVED,
 AT THE DISCRETION OF THE DEPARTMENT, SO LONG AS THE PROPOSED  INVESTMENT
 SHALL, AT A MINIMUM:
   (A) INCREASE THE TRANSITION OF PACKAGING FROM NON-REUSABLE TO REDUCED,
 REUSABLE OR REFILLABLE PACKAGING;
   (B) INCREASE ACCESS TO REUSE AND REFILL INFRASTRUCTURE IN THE STATE;
   (C)  INCREASE  THE  CAPACITY OF REUSE AND REFILL INFRASTRUCTURE IN THE
 STATE;
   (D) PROVIDE REUSE AND REFILL INSTRUCTIONS  THAT  ARE,  TO  THE  EXTENT
 PRACTICABLE,  CONSISTENT  STATEWIDE, EASY TO UNDERSTAND, TRANSLATED INTO
 VARIOUS COMMONLY-USED LANGUAGES, AND EASILY ACCESSIBLE; AND
   (E) PROVIDE FOR OUTREACH AND EDUCATION  THAT  ARE  COORDINATED  ACROSS
 PROGRAMS  OR  REGIONS TO AVOID CONFUSION FOR RESIDENTS, AND DEVELOPED IN
 CONSULTATION WITH LOCAL GOVERNMENT AND THE PUBLIC.
 § 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
   1. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS
 PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR  SALE,
 OR DISTRIBUTE INTO THE STATE ANY PACKAGING CONTAINING ANY OF THE FOLLOW-
 ING TOXIC SUBSTANCES:
   (A) ORTHO-PHTHALATES;
   (B) BISPHENOLS;
   (C) PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS);
   (D)  HEAVY  METALS AND COMPOUNDS, INCLUDING LEAD, HEXAVALENT CHROMIUM,
 CADMIUM, AND MERCURY;
   (E) BENZOPHENONE AND ITS DERIVATIVES;
   (F) HALOGENATED FLAME RETARDANTS;
   (G) PERCHLORATE;
   (H) FORMALDEHYDE;
   (I) TOLUENE;
   (J) ANTIMONY AND COMPOUNDS;
   (K) CARBON BLACK; AND
   (L) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL).
   2. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS
 PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR  SALE,
 OR DISTRIBUTE FOR USE IN THIS STATE ANY PACKAGING CONTAINING:
   (A) POLYVINYL CHLORIDE;
   (B) POLYSTYRENE; OR
   (C) POLYCARBONATE.
   3.  BEGINNING  THREE  YEARS  AFTER THE PROMULGATION OF RULES AND REGU-
 LATIONS PURSUANT TO THIS TITLE, AND EVERY THREE  YEARS  THEREAFTER,  THE
 DEPARTMENT  SHALL  DESIGNATE AT LEAST TEN ADDITIONAL TOXIC SUBSTANCES OR
 CLASSES OF TOXIC SUBSTANCES THAT MAY NO  LONGER  BE  SOLD,  OFFERED  FOR
 SALE,  DISTRIBUTED FOR SALE, OR DISTRIBUTED FOR USE IN PACKAGING IN THIS
 STATE UNLESS IT DETERMINES THERE ARE NOT TEN  CHEMICALS  THAT  MEET  THE
 A. 5322                            18
 
 DEFINITION  OF  TOXIC SUBSTANCES. IF THE DEPARTMENT DETERMINES THERE ARE
 NOT TEN TOXIC SUBSTANCES THAT MEET SUCH A DEFINITION, IT SHALL PUBLISH A
 DETAILED STATEMENT OF  ITS  FINDINGS  AND  CONCLUSIONS  SUPPORTING  SUCH
 DETERMINATION.
   4.  WITHIN  ONE  HUNDRED EIGHTY DAYS OF DESIGNATING A TOXIC SUBSTANCE,
 THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO PROHIBIT  THE  NEWLY
 DESIGNATED TOXIC SUBSTANCE IN PACKAGING, WITH AN EFFECTIVE DATE NO LATER
 THAN TWO YEARS AFTER SUCH DESIGNATION.
   5.  ANY PRODUCER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A FINE
 FOR EACH VIOLATION NOT TO EXCEED FIFTY THOUSAND DOLLARS  PER  VIOLATION.
 FOR  THE  PURPOSES  OF  THIS  SECTION,  EACH  PRODUCT LINE THAT IS SOLD,
 OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS, VIA RETAIL  COMMERCE,  IN
 THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION SHALL BE CONSIDERED
 A SEPARATE VIOLATION.
 § 27-3427. PACKAGING REDUCTION STANDARDS.
   1.  EACH INDIVIDUAL PRODUCER IS REQUIRED TO MEET THE FOLLOWING PACKAG-
 ING REDUCTION REQUIREMENTS:
   (A) BEGINNING THREE YEARS AFTER A  PRODUCER  FIRST  REGISTERS  WITH  A
 PACKAGING  REDUCTION  AND  RECYCLING  ORGANIZATION,  SUCH PRODUCER SHALL
 REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER,  PRES-
 ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE
 FOR SALE INTO THE STATE, BY TEN PERCENT BY WEIGHT.
   (B) BEGINNING FIVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACK-
 AGING  REDUCTION  AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE
 THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER,  PRESENT,  OR
 DISTRIBUTE  THE  PRODUCTS  THEY  SELL, OFFER FOR SALE, OR DISTRIBUTE FOR
 SALE INTO THE STATE, BY TWENTY PERCENT BY WEIGHT.
   (C) BEGINNING EIGHT YEARS AFTER A  PRODUCER  FIRST  REGISTERS  WITH  A
 PACKAGING  REDUCTION  AND  RECYCLING  ORGANIZATION,  SUCH PRODUCER SHALL
 REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER,  PRES-
 ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE
 FOR SALE INTO THE STATE, BY THIRTY PERCENT BY WEIGHT.
   (D)  BEGINNING TEN YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACK-
 AGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER  SHALL  REDUCE
 THE  AMOUNT  OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR
 DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR  SALE,  OR  DISTRIBUTE  FOR
 SALE INTO THE STATE, BY FORTY PERCENT BY WEIGHT.
   (E)  BEGINNING  TWELVE  YEARS  AFTER A PRODUCER FIRST REGISTERS WITH A
 PACKAGING REDUCTION AND  RECYCLING  ORGANIZATION,  SUCH  PRODUCER  SHALL
 REDUCE  THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES-
 ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE
 FOR SALE INTO THE STATE, BY FIFTY PERCENT BY WEIGHT.
   2. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL BE  MEASURED  AGAINST
 THE  TOTAL  AMOUNT  OF  PACKAGING THE PRODUCER USED TO CONTAIN, PROTECT,
 DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY  SOLD,  OFFERED  FOR
 SALE,  OR  DISTRIBUTED  FOR  SALE,  DURING  THE FIRST YEAR SUCH PRODUCER
 REGISTERED WITH THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION.
   3. THESE REDUCTIONS SHALL BE ACHIEVED BY ELIMINATING SINGLE-USE  PACK-
 AGING, INCLUDING SECONDARY OR TERTIARY PACKAGING, ELIMINATION OF PACKAG-
 ING  COMPONENTS,  REDUCTION OF PACKAGING COMPONENTS, OR BY TRANSITIONING
 TO REUSABLE OR REFILLABLE PACKAGING SYSTEMS.
   4. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL NOT  BE  ACHIEVED  BY
 SUBSTITUTING  PLASTIC FOR OTHER MATERIALS OR SUBSTITUTING A NON-RECYCLA-
 BLE MATERIAL FOR A RECYCLABLE MATERIAL.
   5. IN THE CASE OF A PRODUCER THAT ENTERS THE MARKET WITH FIFTY PERCENT
 OR MORE BY WEIGHT OF ITS PACKAGING BEING REUSABLE AND CONTAINED WITHIN A
 A. 5322                            19
 
 REUSE AND REFILL SYSTEM, SUCH PRODUCER MAY APPLY TO THE DEPARTMENT FOR A
 WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS.
   6. NOTHING IN THIS SECTION SHALL PRECLUDE A PRODUCER FROM GOING BEYOND
 THE REDUCTION STANDARDS IN SUBDIVISION ONE OF THIS SECTION.
 § 27-3429. RECYCLED CONTENT STANDARDS.
   1.  EACH  INDIVIDUAL PRODUCER SHALL MEET THE RECYCLING CONTENT TARGETS
 CONTAINED IN THIS SECTION.
   2. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION:
   (A) ALL GLASS CONTAINERS MANUFACTURED IN THE STATE SHALL  CONTAIN,  ON
 AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST-CONSUMER RECYCLED CONTENT;
   (B) ALL PAPER CARRYOUT BAGS SOLD, OFFERED FOR SALE, OR GIVEN AWAY FREE
 IN THE STATE BY A MANUFACTURER SHALL CONTAIN, ON AVERAGE, AT LEAST FORTY
 PERCENT POST-CONSUMER RECYCLED CONTENT; EXCEPT THAT A PAPER CARRYOUT BAG
 THAT  HOLDS  EIGHT  POUNDS OR LESS SHALL ONLY BE REQUIRED TO CONTAIN, ON
 AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUMER RECYCLED CONTENT; AND
   (C) ALL PLASTIC TRASH BAGS SOLD OR OFFERED FOR SALE IN THE STATE BY  A
 MANUFACTURER  SHALL  CONTAIN,  ON AVERAGE, AT LEAST TWENTY PERCENT POST-
 CONSUMER RECYCLED CONTENT.
   3. THE REQUIREMENTS OF THIS SECTION SHALL NOT  APPLY  TO  REUSABLE  OR
 REFILLABLE PACKAGING OR CONTAINERS.
 § 27-3431. RECYCLABILITY CRITERIA.
   1.  BEGINNING  TWO  YEARS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION,
 COVERED MATERIALS USED BY A PRODUCER SHALL MEET THE  FOLLOWING  RECYCLA-
 BILITY CRITERIA:
   (A)  BE  CAPABLE  OF  BEING SORTED BY ENTITIES THAT PROCESS RECYCLABLE
 MATERIAL GENERATED IN THE STATE;
   (B) HAS A CONSISTENT REGIONAL MARKET FOR PURCHASE, BY END USERS IN THE
 PRODUCTION OF NEW PRODUCTS;
   (C) DOES NOT CONTAIN THE FOLLOWING:
   (I) NON-DETECTABLE PIGMENTS,  INCLUDING  BUT  NOT  LIMITED  TO  CARBON
 BLACK;
   (II)  TOXIC  SUBSTANCES  AS  DEFINED  IN THIS TITLE OR RULES AND REGU-
 LATIONS PROMULGATED THERETO;
   (III) OPAQUE OR PIGMENTED POLYETHYLENE TEREPHTHALATE;
   (IV) OXO-DEGRADABLE ADDITIVES, INCLUDING OXO-BIODEGRADABLE ADDITIVES;
   (V) POLYETHYLENE TEREPHTHALATE GLYCOL IN RIGID PACKAGING;
   (VI) LABEL CONSTRUCTIONS, INCLUDING  ADHESIVES,  INKS,  MATERIALS  AND
 FORMATS,  OR  FEATURES THAT RENDER A PACKAGE DETRIMENTAL OR NON-RECYCLA-
 BLE;
   (VII) DOPS - POLYSTYRENE, INCLUDING EPS (EXPANDED POLYSTYRENE); AND
   (VIII) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE;
   (D) MEETS THE POST-CONSUMER CONTENT REQUIREMENTS OF THIS TITLE; AND
   (E) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT.
   2. THE DEPARTMENT SHALL MAINTAIN A LIST OF COVERED PRODUCTS THAT  MEET
 THIS  CRITERIA  AND  ARE  DEEMED  TO BE RECYCLABLE. THE DEPARTMENT SHALL
 UPDATE THIS LIST ANNUALLY.
 § 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL.
   1. THE COMMISSIONER SHALL ESTABLISH AN INDEPENDENT OFFICE OF RECYCLING
 INSPECTOR GENERAL WITHIN THE DEPARTMENT. THE RECYCLING INSPECTOR GENERAL
 SHALL EVALUATE THE PROGRAMS CREATED PURSUANT TO THIS TITLE ON AN  ANNUAL
 BASIS  TO ENSURE SUCH PROGRAMS ARE FUNCTIONING PROPERLY, AND ALL PRODUC-
 ERS ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.
   2. THE RECYCLING INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO  INVES-
 TIGATE THE COMPLIANCE OF PRODUCERS WITH ALL PROVISIONS OF THIS TITLE AND
 TO  BRING  ENFORCEMENT  ACTIONS FOR VIOLATIONS OF THIS TITLE PURSUANT TO
 THE PROVISIONS OF SECTION 27-3435 OF THIS TITLE.
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 § 27-3435. PENALTIES AND ENFORCEMENT.
   1. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE SHALL SUBJECT
 THE  ORGANIZATION OR AN INDIVIDUAL PRODUCER TO PENALTIES FOR VIOLATIONS.
 THE DEPARTMENT, RECYCLING INSPECTOR GENERAL, OR  ATTORNEY  GENERAL,  MAY
 CONDUCT INVESTIGATIONS, INCLUDING INSPECTING OPERATIONS, FACILITIES, AND
 RECORDS OF PRODUCERS AND ORGANIZATIONS, AND PERFORMING AUDITS OF PRODUC-
 ERS AND ORGANIZATIONS, TO DETERMINE WHETHER SUCH PRODUCERS AND ORGANIZA-
 TIONS ARE COMPLYING WITH THE REQUIREMENTS OF THIS TITLE.
   2.  THE  DEPARTMENT,  THE RECYCLING INSPECTOR GENERAL, OR THE ATTORNEY
 GENERAL, SHALL NOTIFY AN ORGANIZATION OR  PRODUCER  OF  ANY  CONDUCT  OR
 PRACTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND OF
 ANY INCONSISTENCIES IDENTIFIED IN AN AUDIT.
   3.  THE  DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, AND THE ATTORNEY
 GENERAL, MAY ISSUE A NOTICE OF VIOLATION TO, AND IMPOSE  AN  ADMINISTRA-
 TIVE  CIVIL  PENALTY  NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS PER DAY
 PER VIOLATION ON ANY ENTITY NOT IN COMPLIANCE WITH THIS TITLE OR ANY  OF
 THE  REGULATIONS  THE DEPARTMENT ADOPTS TO IMPLEMENT THIS TITLE. FOR THE
 PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS  SOLD,  OFFERED  FOR
 SALE,  OR  DISTRIBUTED  TO  CONSUMERS  VIA RETAIL COMMERCE IN THE STATE,
 INCLUDING THROUGH AN INTERNET TRANSACTION, SHALL BE CONSIDERED  A  SEPA-
 RATE VIOLATION.
   4.  ALL  PRODUCERS  REGISTERED  IN A PACKAGING REDUCTION AND RECYCLING
 ORGANIZATION SHALL BE JOINTLY AND SEVERALLY  LIABLE  FOR  ANY  PENALTIES
 ASSESSED  AGAINST  THE  PACKAGING  REDUCTION  AND RECYCLING ORGANIZATION
 PURSUANT TO THIS TITLE.
   5. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT AFTER AN OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE  PROVISIONS  OF
 SECTION  71-1709  OF  THIS  CHAPTER,  OR  BY  THE COURT IN ANY ACTION OR
 PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN  ADDITION
 THERETO,  SUCH  PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED BY THE DEPARTMENT MAY  BE  REVOKED  OR  SUSPENDED  OR  A  PENDING
 RENEWAL DENIED.
   6.  ALL  MONIES  COLLECTED  PURSUANT TO THE PROVISIONS OF THIS SECTION
 SHALL BE DEPOSITED INTO THE WASTE  REDUCTION  AND  REUSE  INFRASTRUCTURE
 FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-SEVEN-BBBBB OF THE STATE
 FINANCE LAW.
 § 27-3437. RULES AND REGULATIONS.
   1. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  DEPARTMENT  SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS TITLE.
   2. WHEN PROMULGATING RULES PURSUANT TO THE PROVISIONS OF THIS SECTION,
 THE DEPARTMENT SHALL SOLICIT INPUT FROM THE PUBLIC OF ANY DRAFT RULE  OR
 REGULATION  TO  IMPLEMENT THIS SECTION, INCLUDING AT A MINIMUM A NINETY-
 DAY COMMENT PERIOD AND ONE PUBLIC HEARING ON SUCH DRAFT RULES.
 § 27-3439. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS
 OF PACKAGING REDUCTION  AND  RECYCLING  ORGANIZATIONS  RELATING  TO  THE
 RECOVERY OF COVERED MATERIALS SHALL, BY THIS TITLE, BE VESTED EXCLUSIVE-
 LY  IN  THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL
 PRECLUDE ANY CITY, TOWN, VILLAGE OR  OTHER  LOCAL  PLANNING  UNITS  FROM
 DETERMINING  WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING IN A MUNICI-
 PAL RECYCLING COLLECTION PROGRAM OR SHALL PRECLUDE ANY PERSON FROM COOR-
 DINATING, FOR RECYCLING OR REUSE, THE COLLECTION  OF  COVERED  MATERIALS
 AND PRODUCTS.
 § 27-3441. OTHER ASSISTANCE PROGRAMS.
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   NOTHING  IN  THIS  TITLE SHALL IMPACT ANY PRODUCER ELIGIBILITY FOR ANY
 STATE OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE  OTHER-
 WISE ELIGIBLE.
 § 27-3443. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF
 TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID,  THE  REMAINDER  OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 3. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   §  97-BBBBB.  WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND. 1.  THERE
 IS HEREBY CREATED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE
 COMMISSIONER  OF  TAXATION  AND FINANCE A FUND TO BE KNOWN AS THE "WASTE
 REDUCTION AND REUSE INFRASTRUCTURE FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOSITED INTO
 THE FUND PURSUANT TO THE PROVISIONS  OF  TITLE  THIRTY-FOUR  OF  ARTICLE
 TWENTY-SEVEN  OF  THE  ENVIRONMENTAL CONSERVATION LAW. NOTHING CONTAINED
 HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR  BEQUESTS
 FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
 THEM INTO THE FUND ACCORDING TO LAW.
   3. MONEYS OF  THE  FUND  SHALL  BE  MADE  AVAILABLE  PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  27-3423  OF THE ENVIRONMENTAL CONSERVATION LAW,
 SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVA-
 TION, AND ON THE AUDIT AND WARRANT OF THE COMPTROLLER.
   § 4. This act shall take effect immediately.