S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4246--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, KAVANAGH, ADDABBO, BRESLIN, BROUK, CHU,
   CLEARE, COMRIE, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, KRUEGER, LIU, MAY,
   MAYER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, WEBB -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Environmental Conservation -- reported favorably from said commit-
   tee and committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the packaging reduction and recycling infrastructure act
 
   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. SELECTION OF THE PACKAGING REDUCTION ORGANIZATION.
         27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION ORGANIZATION.
         27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
         27-3409. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
         27-3411. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
         27-3413. FUNDING MECHANISM.
         27-3415. COLLECTION AND CONVENIENCE.
         27-3417. PRODUCER RESPONSIBILITIES.
         27-3419. DEPARTMENT RESPONSIBILITIES.
         27-3421. STATEWIDE  PACKAGING  REDUCTION,  REUSE,  AND RECYCLING
                   NEEDS ASSESSMENT.
         27-3423. EDUCATION AND OUTREACH PROGRAM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08868-07-3
              

 S. 4246--A                          2
 
         27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
         27-3427. NON-REUSABLE PACKAGING REDUCTION STANDARDS.
         27-3429. RECYCLED CONTENT STANDARDS.
         27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIRE-
                   MENTS.
         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 27-3411 OF THIS
 TITLE.
   2. "BEVERAGE CONTAINER" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN
 SUBDIVISION TWO OF SECTION 27-1003 OF THIS ARTICLE.
   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. "CONTAMINATION" MEANS:
   (A) THE PRESENCE OF MATERIALS IN A  GIVEN  COLLECTED  MATERIAL  STREAM
 THAT  ARE  NOT ON THE MINIMUM RECYCLABLES LIST MAINTAINED BY THE DEPART-
 MENT; OR
   (B) THE PRESENCE OF MATERIALS IN A GIVEN RECYCLED  MATERIAL  DELIVERED
 AS  A  FEEDSTOCK  OR  COMMODITY  THAT ARE NOT SPECIFIED OR ACCEPTED AS A
 COMPONENT OF THE FEEDSTOCK OR COMMODITY.
   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,  INCINERATION,
 COMBUSTION,  PYROLYSIS, GASIFICATION, OR SOLVOLYSIS, WASTE-TO-ENERGY, OR
 WASTE-TO-FUEL, OR ANY  OTHER  CHEMICAL  CONVERSION  PROCESS.  "DISPOSAL"
 SHALL ALSO INCLUDE THE USE OF MATERIALS AS LANDFILL COVER.
   7. "ECO-MODULATION" MEANS STRUCTURING PROGRAM FEES IN A WAY TO PROVIDE
 PRODUCERS  WITH  FINANCIAL  INCENTIVES  TO  REDUCE  WASTE AT THE SOURCE,
 INCREASE RECYCLABILITY OF PACKAGING MATERIALS, PROMOTE REUSABLE  PACKAG-
 ING  PRODUCTS,  INCLUDING  THOSE  THAT  ARE CONTAINED WITHIN A REUSE AND
 REFILL SYSTEM, DISCOURAGE  AND  DECREASE  CONTAMINATION,  DISINCENTIVIZE
 DESIGNS  OR  PRACTICES THAT INCREASE THE COSTS AND ADVERSE ENVIRONMENTAL
 IMPACTS OF MANAGING THE PACKAGING MATERIALS, AND ENCOURAGE  DESIGNS  AND
 PROCESSES  THAT IMPROVE AND FACILITATE DEVELOPMENT OF INFRASTRUCTURE AND
 SYSTEMS FOR SOURCE REDUCTION, REUSE, RECYCLING, AND COMPOSTING.
   8. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME  MEANING  AS  IS  SET
 FORTH IN SUBDIVISION FIVE OF 75-0101 OF THIS CHAPTER.
   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.
 S. 4246--A                          3
 
   10.  "PACKAGING  MATERIAL"  OR "MATERIAL" MEANS A DISCRETE MATERIAL OR
 CATEGORY OF MATERIAL, REGARDLESS OF  RECYCLABILITY,  INCLUDING  BUT  NOT
 LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEXIBLE, FOAM, OR RIGID MATERI-
 AL,  INCLUDING PAPER, CARDBOARD, PLASTIC, GLASS, METAL, OR MULTI-MATERI-
 AL,  THAT  IS  USED FOR THE 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, AND SINGLE-USE PLASTIC PRODUCTS THAT
 FREQUENT THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC PRODUCTS THAT  HAVE
 THE EFFECT OF DISRUPTING RECYCLING PROCESSES, INCLUDING, BUT NOT LIMITED
 TO, SINGLE-USE PLASTIC ITEMS SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND
 PLASTIC BAGS. PACKAGING MATERIAL DOES NOT INCLUDE:
   (A)  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;
   (B) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS,  ANTISERA,  DIAG-
 NOSTIC  KITS, AND OTHER PRODUCTS OR BIOLOGICAL ORIGIN, AND OTHER PACKAG-
 ING MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT  OF  AGRICULTURE
 UNDER THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159;
   (C)  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;
   (D)  PACKAGING  USED  TO CONTAIN HAZARDOUS OR FLAMMABLE PRODUCTS REGU-
 LATED BY THE 2012 FEDERAL OCCUPATIONAL SAFETY AND HEALTH  ADMINISTRATION
 HAZARD COMMUNICATIONS STANDARD (29 C.F.R. 1910.1200);
   (E)  BEVERAGE  CONTAINERS  SUBJECT  TO  A RETURNABLE CONTAINER DEPOSIT
 UNDER TITLE TEN OF THIS ARTICLE;
   (F) INFANT FORMULA AS DEFINED IN SECTION 321(Z) OF  TITLE  21  OF  THE
 UNITED STATES CODE OF FEDERAL REGULATIONS;
   (G) MEDICAL FOODS AS DEFINED IN SECTION 360EE(B)(3) OF TITLE 21 OF THE
 UNITED STATES CODE OF FEDERAL REGULATIONS; AND
   (H)  ARCHITECTURAL  PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO
 TITLE TWENTY OF THIS ARTICLE.
   11. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION"
 MEANS A REGISTERED  501(C)(3)  NOT-FOR-PROFIT  CHARITABLE  ORGANIZATION,
 PURSUANT  TO  26 U.S.C. 501(C)(3) UNDER CONTRACT WITH THE DEPARTMENT AND
 AUTHORIZED TO COLLECT PRODUCER FEES, ASSIST  PRODUCERS  WITH  COMPLIANCE
 WITH  THE  REQUIREMENTS  OF  THIS TITLE, PROVIDE TECHNICAL ASSISTANCE TO
 PRODUCERS AND IMPLEMENT THE PROGRAM.
   12. "PACKAGING REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS  A  DOCU-
 MENT IN WHICH AN ORGANIZATION DESCRIBES THE EFFORTS IT WILL UNDERTAKE TO
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   13. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM" MEANS THE
 PROGRAM  IMPLEMENTED BY AN ORGANIZATION, AND OVERSEEN BY THE DEPARTMENT,
 TO COMPLY WITH AND IMPLEMENT THE PROVISIONS OF THIS TITLE.
   14. "POST-CONSUMER RECYCLED  MATERIAL"  MEANS  NEW  MATERIAL  PRODUCED
 USING MATERIAL RESULTING FROM RECYCLING.
   15. "PRIMARY PACKAGING" MEANS THE PACKAGING IN DIRECT CONTACT WITH THE
 PRODUCT ITSELF, ALSO SOMETIMES REFERRED TO AS A CONSUMER UNIT.
   16.  "PRODUCER" MEANS THE FOLLOWING ENTITIES, OTHER THAN LOCAL GOVERN-
 MENTS, STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT, FOR COMPLIANCE WITH
 THE REQUIREMENTS FOR PACKAGING MATERIALS  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED TO CONSUMERS IN OR INTO THIS STATE:
 S. 4246--A                          4
 
   (A)  FOR PACKAGING MATERIALS SOLD OR SERVED TO CONSUMERS AT A PHYSICAL
 RETAIL LOCATION IN THIS STATE:
   (I)  IF  THE PACKAGING MATERIALS ARE SOLD OR SERVED UNDER THE MANUFAC-
 TURER'S OWN BRAND OR ARE SOLD OR SERVED IN PACKAGING MATERIALS THAT LACK
 IDENTIFICATION OF A BRAND, THE PRODUCER OF THE  PACKAGING  MATERIALS  IS
 THE PERSON THAT MANUFACTURES THE PRODUCT;
   (II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, THE PRODUC-
 ER  OF  THE  PACKAGING 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 PACKAGING MATERIALS HAS
 AGREED TO ACCEPT RESPONSIBILITY; WHERE THE PRODUCER IS A BUSINESS  OPER-
 ATED  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 PACKAG-
 ING 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 PACKAGING MATERI-
 ALS IN OR INTO THIS STATE VIA REMOTE SALE OR DISTRIBUTION:
   (I) THE PRODUCER OF PACKAGING 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 PACKAGING MATERIALS USED TO SHIP THE PRODUCT TO A
 CONSUMER IS THE PERSON THAT MANUFACTURERS THE SHIPPING MATERIAL.
   17.  "PRODUCT  LINE"  MEANS  A  GROUP OF RELATED PRODUCTS ALL MARKETED
 UNDER A SINGLE BRAND THAT IS SOLD BY THE SAME  PRODUCER  TO  DISTINGUISH
 PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS.
   18. "RECYCLABLE" MEANS A PACKAGING MATERIAL THAT MEETS THE CRITERIA IN
 SECTION 27-3431 OF THIS TITLE.
   19.  "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.
   20. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS    OR  COMMODITIES  CONTAINED  IN DISCARDS FOR THE PURPOSE OF
 PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE  IN
 NEW  PRODUCTS  OR  COMPONENTS.  "RECYCLING" DOES NOT INCLUDE: (A) ENERGY
 RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING  BUT  NOT  LIMITED
 TO,  COMBUSTION,  INCINERATION,  PYROLYSIS, GASIFICATION, SOLVOLYSIS, OR
 WASTE-TO-FUEL; (B) ANY CHEMICAL  CONVERSION  PROCESS;  OR  (C)  LANDFILL
 DISPOSAL.
   21.  "RECYCLING RATE" MEANS THE PERCENTAGE OF ANY GIVEN PACKAGING TYPE
 THAT IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR ANY PACKAGING  MATE-
 RIAL  SHALL BE CALCULATED AS THE TOTAL WEIGHT OF PACKAGING THAT IS RECY-
 CLED IN A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF  PACKAGING  MATERIAL
 GENERATED  IN  THAT  YEAR.  MATERIAL  LOSSES, INCLUDING CONTAMINANTS AND
 RESIDUES, ACCRUING DURING COLLECTION, PROCESSING AND  MANUFACTURING  NEW
 PRODUCTS  DO  NOT  COUNT  AS  RECYCLED  AND SHALL NOT BE INCLUDED IN THE
 NUMERATOR OF THE EQUATION.
   22. "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.
 S. 4246--A                          5
 
   23. "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.
   24.  "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS PACKAGING
 MATERIAL AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND  MANUFACTURED
 TO  MAINTAIN SHAPE AND STRUCTURE, AND BE MATERIALLY DURABLE FOR REPEATED
 SANITIZING, WASHING, AND REUSE.
   25. "TOXIC PACKAGING TASK FORCE" MEANS THE TOXIC PACKAGING TASK  FORCE
 ESTABLISHED BY SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE.
   26.  "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. SELECTION OF THE PACKAGING REDUCTION ORGANIZATION.
   1.  UNTIL THE DATE WHICH IS TEN YEARS AFTER THE EFFECTIVE DATE OF THIS
 TITLE, THERE SHALL BE ONLY ONE PACKAGING REDUCTION ORGANIZATION AND  ALL
 PRODUCERS  SHALL  BE  REQUIRED TO REGISTER WITH SUCH PACKAGING REDUCTION
 ORGANIZATION.
   2. CONSISTENT WITH THE REQUIREMENTS  OF  THIS  TITLE,  WITHIN  FIFTEEN
 MONTHS  OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL SELECT
 AND ENTER INTO A CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION TO  ACT  AS
 THE INITIAL ORGANIZATION IN ORDER TO OPERATE THE PACKAGING REDUCTION AND
 RECYCLING PROGRAM.
   3. WITHIN NINE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AND CONSIST-
 ENT   WITH  APPLICABLE  COMPETITIVE  BIDDING  REQUIREMENTS  UNDER  STATE
 PURCHASING LAWS,  THE DEPARTMENT SHALL ISSUE A REQUEST FOR PROPOSALS FOR
 THE OPERATION OF THE PACKAGING  REDUCTION  AND  RECYCLING  PROGRAM.  THE
 SUCCESSFUL  BIDDER  SHALL  BE  REQUIRED  TO  INCLUDE,  AT A MINIMUM, THE
 FOLLOWING INFORMATION:
   (A) A DESCRIPTION OF HOW  THE  BIDDER  WILL  ADMINISTER  THE  PROGRAM,
 INCLUDING  THE  MECHANISMS  AND  PROCESSES  FOR  PROVIDING ASSISTANCE TO
 PRODUCERS TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS TITLE;
   (B) THE MECHANISMS AND PROCESSES THE BIDDER WILL USE TO COMPILE INFOR-
 MATION FROM PRODUCERS;
   (C) HOW THE BIDDER INTENDS TO  MANAGE  AND  ACCOUNT  FOR  ALL  PROGRAM
 RELATED  FUNDS WHICH PASS THROUGH THE ORGANIZATION, INCLUDING HOW TIMELY
 REIMBURSEMENTS TO LOCAL GOVERNMENTS WILL BE PROVIDED;
   (D) A FINANCIAL ASSURANCE PLAN THAT ENSURES ALL PROGRAM FUNDS HELD  BY
 THE  ORGANIZATION  ARE  IMMEDIATELY AND EXCLUSIVELY FORFEITED AND TRANS-
 S. 4246--A                          6
 
 FERRED TO OR OTHERWISE MADE IMMEDIATELY AVAILABLE TO THE  DEPARTMENT  IF
 THE  ORGANIZATION'S  CONTRACT  WITH  THE DEPARTMENT IS TERMINATED BY THE
 DEPARTMENT, OR EXPIRES;
   (E) A PROPOSED BUDGET OUTLINING THE ANTICIPATED COSTS OF OPERATING THE
 PROGRAM  AND  A DESCRIPTION OF THE METHOD BY WHICH THE BIDDER INTENDS TO
 DETERMINE AND COLLECT PRODUCER PAYMENTS DURING THE INITIAL STARTUP PERI-
 OD; AND
   (F) ANY OTHER ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   4. IF, AT THE CLOSE OF THE COMPETITIVE BIDDING PROCESS UNDER  SUBDIVI-
 SION THREE OF THIS SECTION, THE DEPARTMENT DETERMINES THAT NO BIDDER HAS
 SUBMITTED,  IN  ACCORDANCE  WITH SUCH SUBDIVISION, A PROPOSAL THAT MEETS
 THE REQUIREMENTS OF THIS  SECTION,  THE  DEPARTMENT  SHALL  OPERATE  THE
 PROGRAM  BY  ITSELF  OR  DESIGNATE  A   STATE PUBLIC BODY TO OPERATE THE
 PROGRAM.
   5. IF AFTER RECOMMENDATION BY THE ADVISORY COUNCIL PURSUANT TO  SUBDI-
 VISION  TEN  OF  SECTION 27-3411 OF THIS TITLE THE DEPARTMENT DETERMINES
 THAT IT WOULD BE BENEFICIAL FOR THERE  TO  BE  ADDITIONAL  ORGANIZATIONS
 IMPLEMENTING  THE  PROGRAM, BEGINNING TEN YEARS AFTER THE EFFECTIVE DATE
 OF THIS TITLE, THE DEPARTMENT MAY ISSUE  A  REQUEST  FOR  PROPOSALS  FOR
 ADDITIONAL  ORGANIZATIONS  IN A MANNER CONSISTENT WITH THE PROVISIONS OF
 THIS SECTION. SHOULD  THE DEPARTMENT DETERMINE TO HAVE ADDITIONAL ORGAN-
 IZATIONS,  THE    DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO  ENSURE
 CONSISTENCY AND  COORDINATION BETWEEN ALL ORGANIZATIONS.
 § 27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION ORGANIZATION.
   1. PRODUCERS SHALL REGISTER WITH A PACKAGING REDUCTION ORGANIZATION TO
 MEET  THE  RESPONSIBILITIES OF THE PROGRAM PURSUANT TO THE PROVISIONS OF
 THIS SECTION.
   2. EACH PACKAGING REDUCTION ORGANIZATION SHALL:
   (A) DEVELOP A PACKAGING REDUCTION AND RECYCLING PLAN AND  SUBMIT  SUCH
 PLAN  TO  THE  ADVISORY  COUNCIL  FOR  REVIEW AND COMMENT, AND AFTER ANY
 MODIFICATIONS IN RESPONSE TO SUCH  COMMENTS,  SUBMIT  THE  PLAN  TO  THE
 COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE;
   (B)  COLLECT  AND  COMPILE  DATA FROM PRODUCERS AS REQUIRED BY SECTION
 27-3417 OF THIS TITLE;
   (C) COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3413  OF
 THIS TITLE;
   (D) REIMBURSE THE DEPARTMENT AND ANY OTHER RELEVANT STATE AGENCIES FOR
 THE  COSTS  ASSOCIATED  WITH  CONDUCTING  THE STATEWIDE NEEDS ASSESSMENT
 REQUIRED BY SECTION 27-3421 OF THIS TITLE,  THE  ADMINISTRATION  OF  THE
 PROGRAM  BY THE DEPARTMENT, AND THE EXPENSES OF THE ADVISORY COUNCIL AND
 THE TOXIC PACKAGING TASK FORCE;
   (E) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA-
 NIES FOR THE COSTS ASSOCIATED  WITH  THE  IMPLEMENTATION  OF  REDUCTION,
 REFILL, AND REUSE PROGRAMS, AND THE COLLECTION, TRANSPORTATION AND RECY-
 CLING, DISPOSAL OR OTHER PROCESSING OF PACKAGING MATERIALS;
   (F)  OFFER TECHNICAL SUPPORT TO PRODUCERS, WITH AN EMPHASIS ON SUPPORT
 TO SMALL BUSINESSES, TO ASSIST THEM WITH COMPLIANCE  WITH  THE  REQUIRE-
 MENTS  OF  THIS  TITLE, INCLUDING INFORMATION ABOUT PROCURING AFFORDABLE
 ALTERNATIVES TO NON-COMPLIANT PACKAGING AND REDUCING PACKAGING.
   3. ANNUALLY, EACH 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 (I) PRODUCERS, (II) BRANDS, AND (III) PRODUCTS  THAT
 EACH PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES INTO THE STATE THAT
 ARE  CONTAINED,  PROTECTED,  DELIVERED,  PRESENTED, OR DISTRIBUTED IN OR
 S. 4246--A                          7
 
 USING PACKAGING, IN EACH CASE IDENTIFIED BY THE UNIVERSAL  PRODUCT  CODE
 (UPC) IF THE PRODUCT HAS ONE;
   (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 BOTH WEIGHT AND  NUMBER  OF  UNITS,  OF  EACH
 MATERIAL  USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANSPORT, DISTRIB-
 UTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED INTO THE
 STATE BY ALL PRODUCERS DURING THE PRIOR CALENDAR YEAR;
   (E) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA-
 TION DURING THE PRIOR CALENDAR YEAR;
   (F) A LIST OF PRODUCERS REASONABLY BELIEVED TO BE  OUT  OF  COMPLIANCE
 WITH  THE  REQUIREMENTS  OF  THIS TITLE, AND THE REASON THE ORGANIZATION
 REASONABLY BELIEVES THE PRODUCER TO BE OUT OF COMPLIANCE.    INFORMATION
 ON  NON-COMPLIANT  PRODUCERS  SHALL  BE PROVIDED TO THE COMMISSIONER AND
 RECYCLING INSPECTOR GENERAL'S OFFICE IN A TIMELY FASHION AND FOR  POSSI-
 BLE ENFORCEMENT ACTION BY THE OFFICE;
   (G)  A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY THE
 ORGANIZATION IN THE PRIOR CALENDAR YEAR,  AND  HOW  THOSE  EFFORTS  WERE
 DESIGNED  TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING OF
 PACKAGING MATERIALS;
   (H) AN ASSESSMENT OF WHETHER THE FEE STRUCTURE ADOPTED BY THE  DEPART-
 MENT  PURSUANT  TO  SECTION  27-3413 OF THIS TITLE HAS BEEN EFFECTIVE IN
 INCENTIVIZING IMPROVEMENTS TO THE DESIGN OF PACKAGING MATERIAL,  INCLUD-
 ING  ACTUAL REDUCTION OF PACKAGING, INCREASES IN REUSABLE AND REFILLABLE
 PACKAGING, RECYCLING RATES FOR PACKAGING MATERIALS, AND DECREASES IN THE
 AMOUNT OF PACKAGING;
   (I) A DESCRIPTION OF THE REIMBURSEMENTS AND EXPENDITURES MADE PURSUANT
 TO SECTION 27-3413 OF THIS TITLE;
   (J) AUDITED FINANCIAL STATEMENTS;
   (K) THE RESULTS OF THE REVIEW CONDUCTED PURSUANT TO  SUBDIVISION  FOUR
 OF THIS SECTION; AND
   (L) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   4.  EACH ORGANIZATION SHALL CONDUCT AN ANNUAL REVIEW PROCESS TO DETER-
 MINE WHETHER PACKAGING MATERIALS ARE RECYCLABLE. THIS  REVIEW  SHALL  BE
 CONDUCTED IN CONSULTATION WITH REPRESENTATIVES OF END MARKETS, INCLUDING
 RECYCLED COMMODITIES BROKERS AND MANUFACTURERS WHO PURCHASE POST-CONSUM-
 ER  MATERIAL  FOR USE IN MANUFACTURING NEW PRODUCTS, AND IN CONSULTATION
 WITH  LOCAL  GOVERNMENTS.  FOR  THE  PURPOSES  OF  CALCULATING  PRODUCER
 PAYMENTS  AND  LOCAL  GOVERNMENT  REIMBURSEMENTS IN ACCORDANCE WITH THIS
 TITLE, THIS ANNUAL PROCESS SHALL INCLUDE A TRANSITIONAL  PERIOD  BETWEEN
 THE  DATE  THE  DETERMINATION  IS  FINALIZED  AND  THE DATE IT GOES INTO
 EFFECT.
   5. EACH ORGANIZATION SHALL CONDUCT PUBLIC OUTREACH AND PROVIDE CONSUM-
 ERS WITH EDUCATIONAL AND INFORMATIONAL MATERIALS RELATED TO REDUCING THE
 AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN THE STATE AS
 OUTLINED IN SECTION 27-3423 OF THIS TITLE.
   6. EACH  ORGANIZATION  SHALL  OPERATE  A  PROGRAM  THAT  PROVIDES  FOR
 COLLECTION CONVENIENCE AS DESCRIBED IN SECTION 27-3415 OF THIS TITLE.
   7.  EACH  ORGANIZATION  SHALL  NOT SPEND FUNDS ON LOBBYING OR CAMPAIGN
 CONTRIBUTIONS TO ANY CANDIDATES RUNNING FOR OFFICE.
   8. AN ORGANIZATION SHALL NOT SHARE, EXCEPT WITH  THE  DEPARTMENT,  THE
 ADVISORY  COUNCIL, AND THE TOXIC PACKAGING TASK FORCE, OR AS REQUIRED BY
 S. 4246--A                          8
 
 LAW, ANY PROPRIETARY INFORMATION THAT IS IDENTIFIED  BY  A  PRODUCER  AS
 PROPRIETARY INFORMATION.
 § 27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
   1.  WITHIN  TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE, THE INITIAL
 PACKAGING REDUCTION ORGANIZATION, SHALL DEVELOP AND SUBMIT  A  PACKAGING
 REDUCTION  AND  RECYCLING  PLAN ON IMPLEMENTATION OF THE RULES AND REGU-
 LATIONS OF THIS TITLE, INCLUDING ENSURING TIMELY DISBURSEMENTS TO  LOCAL
 GOVERNMENTS, TO THE DEPARTMENT FOR APPROVAL. THE PLAN SHALL BE SUBMITTED
 TO  THE  ADVISORY COUNCIL FOR REVIEW PURSUANT TO SECTION 27-3411 OF THIS
 TITLE PRIOR TO THE DEPARTMENT'S APPROVAL.  ANY SUBSEQUENT OR  ADDITIONAL
 ORGANIZATION  SHALL DEVELOP AND SUBMIT A PACKAGING REDUCTION AND RECYCL-
 ING PLAN AND COMPLY WITH ALL THE REQUIREMENTS OF THIS SECTION, AND  HAVE
 SUCH PLAN APPROVED PURSUANT TO SECTION 27-3409 OF THIS TITLE.
   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 27-3419 OF THIS TITLE.
   3. EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX  MONTHS
 AFTER  THE DATE THE PLAN FOR THE INITIAL ORGANIZATION IS APPROVED AND IN
 NO EVENT LATER THAN THREE 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 PLAN FOR  THE  INITIAL
 ORGANIZATION  IS  APPROVED  SHALL  REGISTER  WITH  A PACKAGING REDUCTION
 ORGANIZATION AND BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS  THEREOF
 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 (I) THE PROPOSED FUNDING MECHANISM, IDENTIFIED IN
 SECTION  27-3413  OF  THIS  TITLE,  THAT  MEETS THE REQUIREMENTS OF THIS
 TITLE, AND (II) HOW THE ORGANIZATION WILL MAINTAIN 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
 ACCOUNT VARIABLE REGIONAL COSTS, FOR PARTICIPATING LOCAL GOVERNMENTS  OR
 PRIVATE SECTOR SERVICE PROVIDERS;
   (F)  A  DESCRIPTION OF THE PROCESS FOR PARTICIPATING LOCAL GOVERNMENTS
 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 LOCAL GOVERNMENT OR OBTAINS SUCH
 SERVICES FROM A PRIVATE  SECTOR  SERVICE  PROVIDER,  WHICH  PROCESS  AND
 RECOUPMENT  MAY  BE STRUCTURED TO INCENTIVIZE IMPROVEMENTS IN MANAGEMENT
 OF MATERIALS INCLUDING WITHOUT LIMITATION IN  THE  MANNER  DESCRIBED  IN
 PARAGRAPH (I) OF THIS SUBDIVISION;
   (G)  A  DESCRIPTION  OF  THE CHARACTERISTICS OF EACH TYPE OF PACKAGING
 MATERIAL THAT IS RELEVANT TO THE ECO-MODULATING FACTORS SET FORTH PURSU-
 ANT TO SECTION 27-3413 OF THIS TITLE;
 S. 4246--A                          9
 
   (H) IF THE LOCAL GOVERNMENT DOES  NOT  ELECT  TO  PROVIDE  SERVICE,  A
 DESCRIPTION  OF  THE  PROCESS USED FOR CONTRACTING WITH A PRIVATE SECTOR
 ENTITY TO PROVIDE SUCH SERVICES AND THE RECOUPMENT OF REASONABLE  COSTS,
 INCLUDING  PROCEDURES  TO  ENSURE THAT SUCH PRIVATE SECTOR ENTITY IS NOT
 COMPENSATED  FOR SUCH SERVICES BY BOTH THE ORGANIZATION AND THE CONSUMER
 FOR THE SAME SERVICE;
   (I) HOW THE PRODUCERS AND/OR  ORGANIZATION  WILL  WORK  WITH  EXISTING
 WASTE  HAULERS,  MATERIAL  RECOVERY  FACILITIES,  RECYCLERS,  AND  LOCAL
 GOVERNMENTS TO OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO  ADDRESS
 MATERIAL  COLLECTION METHODS, IMPROVE EFFICIENCY AND YIELD OF PROCESSING
 MATERIALS FROM  SEPARATE  COLLECTION  STREAMS,  AND  INCREASE  PACKAGING
 REDUCTION AND REUSE;
   (J)  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;
   (K) A DESCRIPTION OF HOW A LOCAL GOVERNMENT  WILL  PARTICIPATE,  ON  A
 VOLUNTARY BASIS, WITH COLLECTION AND HOW EXISTING LOCAL GOVERNMENT RECY-
 CLING PROCESSING AND COLLECTION INFRASTRUCTURE WILL BE USED;
   (L)  A  DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION PLANS TO MEET
 THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE;
   (M) 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;
   (N) A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION  TO
 PURCHASE RECYCLED MATERIALS FROM PROCESSORS;
   (O)  A  DESCRIPTION  OF HOW PRODUCERS ARE COMPLYING WITH AND EXCEEDING
 THE  WASTE  REDUCTION,  TOXICS,  RECYCLING  AND  POST-CONSUMER   CONTENT
 REQUIREMENTS OF THE TITLE;
   (P) A DESCRIPTION OF HOW THE ORGANIZATION WILL STRATEGICALLY INVEST IN
 EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVEL-
 OPMENT  IN THE STATE IN CONSULTATION WITH THE DEPARTMENT AND IN A MANNER
 NOT INCONSISTENT WITH THE NEEDS ASSESSMENT, INCLUDING, BUT  NOT  LIMITED
 TO,  INSTALLING  OR  UPGRADING  EQUIPMENT  TO IMPROVE SORTING OF COVERED
 MATERIALS OR MITIGATING THE IMPACTS OF MATERIALS TO OTHER COMMODITIES AT
 EXISTING SORTING AND PROCESSING FACILITIES, AND CAPITAL EXPENDITURES FOR
 NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES;
   (Q) A PROCESS TO ADDRESS CONCERNS AND  QUESTIONS  FROM  CUSTOMERS  AND
 RESIDENTS;
   (R)  A  DESCRIPTION  OF  THE  ORGANIZATION'S PUBLIC OUTREACH EDUCATION
 PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS;
   (S) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED  AND
 ADDRESSED IN THE DEVELOPMENT OF THE PLAN; AND
   (T)  A DETAILED DESCRIPTION OF HOW THE ORGANIZATION CONSULTED WITH THE
 ADVISORY COUNCIL, THE PUBLIC, AND OTHER STAKEHOLDERS IN THE  DEVELOPMENT
 OF  THE  PLAN  PRIOR  TO  ITS  SUBMISSION TO THE DEPARTMENT, AND TO WHAT
 EXTENT THE ORGANIZATION SPECIFICALLY INCORPORATED THE ADVISORY COUNCIL'S
 INPUT INTO THE PLAN.
   6. THE ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY COUNCIL A  REASON-
 ABLE  PERIOD  OF TIME TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO
 ITS SUBMISSION TO THE DEPARTMENT IN ACCORDANCE WITH SECTION  27-3409  OF
 THIS  TITLE WHICH SHALL IN NO EVENT BE LESS THAN SIXTY DAYS.  THE ORGAN-
 IZATION SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL  PROVIDE
 A  SUMMARY  AND AN ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY COUNCIL
 AND SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A  STATEMENT  OF
 THE  REASONS  WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE
 S. 4246--A                         10
 
 PLAN, AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A  RESULT  OF
 SUCH COMMENTS.
 § 27-3409. 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.  THE ADVISORY COUNCIL SHALL THEN MAKE A RECOMMENDATION
 REGARDING APPROVAL OR DISAPPROVAL OF THE PLAN IN ACCORDANCE WITH SECTION
 27-3411 OF THIS TITLE.
   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 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 27-3419 OF THIS TITLE.
   4.  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 FOR CAUSE AND WITH
 DOCUMENTED JUSTIFICATION.
 § 27-3411. 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 27-3407 OF
 THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL
 OF THE PLANS, AND TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZATIONS
 AND TO MAKE RECOMMENDATIONS  TO  THE  DEPARTMENT  AND  ORGANIZATIONS  AS
 REQUIRED BY THIS SECTION.
   2. THE ADVISORY COUNCIL SHALL CONVENE FOR THE FIRST TIME NO LATER THAN
 ONE  YEAR  AFTER  THE EFFECTIVE DATE OF THIS TITLE. THE ADVISORY COUNCIL
 SHALL BE COMPOSED OF THIRTEEN MEMBERS.  SEVEN SHALL BE APPOINTED BY  THE
 COMMISSIONER,  THREE  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 AND THREE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF  THE  SENATE.
 THE  ADVISORY COUNCIL SHALL INCLUDE AT LEAST ONE MEMBER FROM EACH OF THE
 FOLLOWING:
   (A) A  LOCAL  GOVERNMENT  ASSOCIATION  OR  LOCAL  GOVERNMENT  PROGRAM,
 INCLUDING AN ADDITIONAL LOCAL GOVERNMENT 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 AND AN ORGANIZATION ESTABLISHED  UNDER  THIS  TITLE  AS
 NON-VOTING MEMBERS.
 S. 4246--A                         11
 
   3.  APPOINTMENTS  TO  THE  ADVISORY  COUNCIL  ARE  TERM-LIMITED TO TEN
 CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR-
 ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN THREE CONSECUTIVE
 YEARS.
   4.  ADVISORY  COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION, EXCEPT
 THAT A MEMBER OF THE COMMITTEE WHO IS A STATE OFFICER  OR  EMPLOYEE  MAY
 RECEIVE  HIS  OR HER REGULAR COMPENSATION WHILE ENGAGING IN THE BUSINESS
 OF THE COMMITTEE, BUT SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR ANY
 ACTUAL, NECESSARY EXPENSES INCURRED IN THE COURSE OF PERFORMING BUSINESS
 FOR THE COMMITTEE.
   5. 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.
   6.  THE  COUNCIL  SHALL  DETERMINE  WHETHER  THE  PLAN SUBMITTED UNDER
 SECTION 27-3409 OF THIS TITLE MEETS THE CRITERIA  AND  OBJECTIVES  UNDER
 SUCH SECTION IN MAKING ITS RECOMMENDATION.
   7. 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.
   8. 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.
   9.  THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND
 MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT  AND  THE  ORGANIZATION  FOR
 IMPROVING  FUTURE ADMINISTRATION OF THE PROGRAM AND COMPLIANCE WITH THIS
 TITLE.
   10. THIRTY MONTHS FROM THE DATE THE DEPARTMENT ADOPTS RULES AND  REGU-
 LATIONS  PURSUANT  TO  THIS TITLE, AND EVERY THREE YEARS THEREAFTER, THE
 ADVISORY COUNCIL SHALL CONDUCT A REVIEW OF ALL RELEVANT DATA,  INCLUDING
 ANNUAL  REPORTS,  THE  LATEST  SCIENTIFIC  DATA AVAILABLE, ANY PERTINENT
 STATEWIDE WASTE AND REUSE DATA, AND ANY OTHER INFORMATION DEEMED  IMPOR-
 TANT, TO MAKE RECOMMENDATIONS TO THE FOLLOWING:
   (A)  ORGANIZATIONS  FOR  ANY CHANGES IN ADMINISTRATION OF THE PROGRAM,
 INCLUDING FEEDBACK ON THE EDUCATION AND OUTREACH PROGRAM AS OUTLINED  IN
 SECTION 27-3423 OF THIS TITLE;
   (B) THE DEPARTMENT FOR ANY NECESSARY CHANGES TO REGULATIONS, THE FUND-
 ING  MECHANISM,  REIMBURSEMENT  AND  EXPENDITURE  POLICIES OR WHETHER IT
 WOULD BE BENEFICIAL FOR THERE TO BE ADDITIONAL ORGANIZATIONS  IMPLEMENT-
 ING THE PROGRAM; AND
   (C)  THE LEGISLATURE FOR RECOMMENDED STATUTORY CHANGES. SUCH RECOMMEN-
 DATIONS SHALL INCLUDE A RECOMMENDATION AS TO WHETHER TO MODIFY THE DEFI-
 NITION OF RECYCLING UNDER THIS TITLE.
 § 27-3413. FUNDING MECHANISM.
   1.  ALL COSTS OF THE PROGRAM, INCLUDING  ADMINISTRATION,  ENFORCEMENT,
 AND ALL OTHER STATE COSTS OF THE PROGRAM AND ORGANIZATIONS' COSTS OF THE
 PROGRAM,  INCLUDING BUT NOT LIMITED TO THOSE COSTS DESCRIBED IN SUBDIVI-
 SION THREE OF THIS SECTION SHALL BE COVERED BY  PRODUCER  PAYMENTS.  THE
 DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS IN THE MANNER REQUIRED
 S. 4246--A                         12
 
 BY  SECTION  27-3419  OF  THIS  TITLE  SETTING FORTH THE MANNER IN WHICH
 PRODUCER  PAYMENTS  ON  PACKAGING  MATERIALS  SHALL  BE  CALCULATED  AND
 ASSESSED. PAYMENTS SHALL BE CALCULATED BASED ON:
   (A) THE PACKAGING MATERIAL TYPE;
   (B)  THE QUANTITY OF EACH PACKAGING MATERIAL TYPE, BY WEIGHT, THAT THE
 PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES IN THE STATE;
   (C) ECO-MODULATION, INCLUDING AS DESCRIBED  IN  SUBDIVISION  SEVEN  OF
 THIS SECTION.
   2.  THE LIST OF PACKAGING MATERIAL TYPES FOR WHICH THERE IS A SPECIFIC
 FEE SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING MATERIAL TYPES:
   (A) PAPER;
   (B) CARDBOARD;
   (C) CORRUGATED CARDBOARD;
   (D) WOOD;
   (E) GLASS;
   (F) POLYETHYLENE TEREPHTHALATE (PET);
   (G) HIGH DENSITY POLYETHYLENE (HDPE);
   (H) EXPANDED POLYSTYRENE (EPS);
   (I) POLYSTYRENE;
   (J) BIO-PLASTICS;
   (K) GENERIC PLASTICS;
   (L) PLASTIC FILM;
   (M) OTHER PLASTICS;
   (N) STEEL OR FERROUS;
   (O) ALUMINUM;
   (P) TINPLATE;
   (Q) GENERIC METALS; AND
   (R) MIXED MATERIALS INCLUDING LAMINATES AND PACKAGING CONTAINING  MORE
 THAN ONE OF THE ABOVE MATERIALS.
   3.  PACKAGING  FEES  SHALL BE DESIGNED TO COVER, AT MINIMUM, THE TOTAL
 COSTS ASSOCIATED WITH:
   (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER FORM OF  RESIDENTIAL
 SERVICE  THAT  IS,  AT  MINIMUM,  AS  CONVENIENT  AS DETAILED IN SECTION
 27-3415 OF THIS TITLE;
   (B) THE DEPARTMENT'S AND OTHER STATE AGENCIES' ADMINISTRATION OF  THIS
 TITLE;
   (C) ORGANIZATIONS' ADMINISTRATION OF THIS TITLE;
   (D)  THE COST ASSOCIATED WITH THE DEVELOPMENT OF THE NEEDS ASSESSMENT,
 AS REQUIRED IN SECTION 27-3421 OF THIS TITLE;
   (E) THE COSTS ASSOCIATED WITH THE ADVISORY COUNCIL AND THE TOXIC PACK-
 AGING TASK FORCE;
   (F) THE COSTS ASSOCIATED WITH  ESTABLISHING  PACKAGING  REDUCTION  AND
 REUSE INFRASTRUCTURE;
   (G) THE COST OF PROVIDING RECYCLING SERVICES, INCLUDING THE COLLECTION
 COST,  PROCESSING  COST  FOR  EACH RECYCLABLE MATERIAL, COST OF HANDLING
 NON-RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF  A  RECYCLING  OPERA-
 TION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL TYPE; AND
   (H) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT.
   4.  THE  DEPARTMENT  MAY  ADJUST FEES TO BE PAID BY PRODUCERS BASED ON
 FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, FEES SHALL  BE  VARIABLE
 BASED ON:
   (A)  COSTS  TO PROCESS PACKAGING MATERIALS FOR ACCEPTANCE BY SECONDARY
 MATERIAL MARKETS;
   (B) WHETHER THE PACKAGING MATERIAL WOULD TYPICALLY BE READILY-RECYCLA-
 BLE AS DETERMINED BY THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY
 COUNCIL, EXCEPT THAT AS A CONSEQUENCE OF THE PACKAGING DESIGN, THE PACK-
 S. 4246--A                         13
 
 AGING 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 RESULT IN CONTAMINATION OF THE RECYCL-
 ING PROCESS;
   (C)  WHETHER  THE  PACKAGING  MATERIAL  IS SPECIFICALLY DESIGNED TO BE
 REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE;
   (D) THE COMMODITY VALUE OF A PACKAGING MATERIAL, AS DETERMINED BY  THE
 DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL; AND
   (E) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT.
   5.  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
 EXCEEDS  THE MINIMUM REQUIREMENTS IN THE PACKAGING, AS LONG AS THE RECY-
 CLED CONTENT DOES NOT, IN THE DETERMINATION OF THE  DEPARTMENT,  DISRUPT
 THE POTENTIAL FOR FUTURE RECYCLING.
   6.  IN  ADDITION  TO  THE  ANNUAL SCHEDULE OF FEES, THE DEPARTMENT 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 PROCESSING OR REQUIRES
 SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO RECYCLING  OR  SUCCESSFUL
 PROCESSING  IN  LOCAL  GOVERNMENT RECYCLING FACILITIES, AS DETERMINED BY
 THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL.
   7. THE PROGRAM CHARGES SHALL BE STRUCTURED TO PROVIDE  PRODUCERS  WITH
 FINANCIAL INCENTIVES TO ENCOURAGE:
   (A)  A REDUCTION IN TOTAL PACKAGING AS MEASURED BY UNIT WEIGHT USED BY
 PRODUCERS, AND DISCARDED BY  CONSUMERS,  BUSINESSES,  INSTITUTIONS,  AND
 OTHER  USERS.  WEIGHT  REDUCTIONS  SHALL NOT BE ACHIEVED BY SUBSTITUTING
 PLASTIC FOR OTHER MATERIALS TYPES;
   (B) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS MANAGED WITHIN A REUSE AND REFILL SYSTEM;
   (C) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS DEEMED RECYCLABLE AS  DETERMINED  BY  AN  ANNUAL  REVIEW  PROCESS  AS
 DESCRIBED IN SECTION 27-3405 OF THIS TITLE;
   (D) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS ULTIMATELY RECYCLED;
   (E) A REDUCTION IN TOXIC COMPONENTS IN PACKAGING MATERIALS; AND
   (F) A REDUCTION IN LITTER FROM PACKAGING MATERIALS.
   8.  THERE  SHALL  BE NO FEE ASSESSED ON PACKAGING THAT IS DESIGNED FOR
 REUSE AND REFILL AND CONTAINED WITHIN A REUSE OR REFILL SYSTEM.
   9. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE  SHALL  NOT  BE
 USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF AN ORGANIZATION.
   10.  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.
   11. NOTHING IN THIS TITLE SHALL REQUIRE A LOCAL GOVERNMENT TO  PARTIC-
 IPATE IN THE PROGRAM.
   12.  THE  DEPARTMENT  SHALL UPDATE AND REVISE THE FEES WITH INPUT FROM
 THE ADVISORY COUNCIL EVERY THREE YEARS.
 § 27-3415. COLLECTION AND CONVENIENCE.
   1. THE PROGRAM SHALL PROVIDE FOR WIDESPREAD, CONVENIENT, AND EQUITABLE
 ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE PACKAGING MATERIALS AT
 NO ADDITIONAL COST. SUCH OPPORTUNITIES SHALL BE PROVIDED  TO  ALL  RESI-
 S. 4246--A                         14
 
 DENTS  OF  THE STATE IN A MANNER THAT IS AS CONVENIENT AS THE COLLECTION
 OF MUNICIPAL SOLID WASTE.
   2.  PARTICIPATION  IN  THE PROGRAM SHALL NOT RESTRICT A JURISDICTION'S
 CONSUMER'S ABILITY TO CONTRACT DIRECTLY WITH  THIRD  PARTIES  TO  OBTAIN
 RECYCLING COLLECTION SERVICES IF CONSUMERS HAVE THE OPTION TO ENTER INTO
 SUCH  CONTRACTS  AS  OF THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE
 CONSUMER STILL VOLUNTARILY CHOOSES TO CONTRACT DIRECTLY WITH  THE  THIRD
 PARTY.    THE  LOCAL  GOVERNMENT  SHALL NOT PROVIDE DISBURSEMENT TO SUCH
 THIRD PARTY SHOULD THE LOCAL  GOVERNMENT  PROVIDE  WIDESPREAD  RECYCLING
 SERVICES  EITHER  DIRECTLY  OR THROUGH A CONTRACT THAT IS DIFFERENT FROM
 THE CONTRACT WITH SUCH THIRD PARTY, AND THERE  SHALL  BE  PROCEDURES  IN
 PLACE  TO  ENSURE THAT NO SERVICE PROVIDER IS COMPENSATED MORE THAN ONCE
 FOR THE SAME SERVICE.
   3. ALL LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE  PROVIDERS  SHALL
 PROVIDE  FOR  THE  COLLECTION  AND  RECYCLING OF ALL PACKAGING MATERIALS
 CONTAINED ON THE MINIMUM RECYCLABLES LISTS, BASED ON GEOGRAPHIC REGIONS,
 IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT;  PROVIDED,  HOWEVER,  NOTHING
 SHALL  PENALIZE  A  LOCAL  GOVERNMENT  OR  PRIVATE RECYCLING SERVICE FOR
 RECOVERING AND RECYCLING MATERIALS  THAT  ARE  GENERATED  IN  THE  LOCAL
 GOVERNMENT  OR  GEOGRAPHIC  REGION  THAT ARE NOT INCLUDED ON THE MINIMUM
 RECYCLABLES LISTS AS LONG AS IT CAN BE DEMONSTRATED THAT SUCH  MATERIALS
 HAVE  A  CONSISTENT  REGIONAL  MARKET  FOR PURCHASE AS DETERMINED BY THE
 DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION.
   4. REIMBURSEMENT SHALL COVER REDUCTION,  AS  CONTEMPLATED  BY  SECTION
 27-3413 OF THIS TITLE, COLLECTION, PROCESSING, TRANSPORTATION, AND RECY-
 CLING  AND  DISPOSAL  OF  ALL PACKAGING MATERIALS SO LONG AS THE PROGRAM
 INCLUDES AT LEAST THE MINIMUM RECYCLABLES LIST. THE DEPARTMENT MAY GRANT
 AN EXCEPTION OF THE REQUIREMENTS IN  THIS  SUBDIVISION  UPON  A  WRITTEN
 SHOWING  BY  THE  LOCAL  GOVERNMENT  OR  PRIVATE  RECYCLING SERVICE THAT
 COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE FOR A SPECIFIC IDEN-
 TIFIED PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT IS IN THE BEST
 INTEREST OF THE INTENT OF THIS TITLE TO GRANT  AN  EXCEPTION;  PROVIDED,
 HOWEVER,  THAT  ANY  SUCH  EXCEPTION GRANTED BY THE DEPARTMENT SHALL NOT
 EXCEED TWELVE MONTHS.
   5. THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  TO  ENSURE
 THAT  PROGRAM  FUNDS SHALL BE USED FOR INVESTMENT IN COLLECTION SYSTEMS,
 TRANSPORTATION  SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS,  REDISTRIBUTION
 SYSTEMS,  TECHNOLOGY  FOR TRACKING AND DATA COLLECTION, CAPITAL EXPENDI-
 TURES ON NEW AND EMERGING TECHNOLOGY THAT IS  FOCUSED  ON  REUSABLE  AND
 REFILLABLE  PACKAGING,  AS  WELL AS EQUIPMENT, AND FACILITIES, AND OTHER
 PROJECTS  DETERMINED  BY   THE DEPARTMENT TO FACILITATE  THE  GOALS  AND
 OBJECTIVES OF THIS TITLE.
   6.  NOTHING  IN  THIS  TITLE  SHALL BE DEEMED TO AUTOMATICALLY VOID OR
 NULLIFY ANY  COLLECTION CONTRACTS IN EFFECT AS OF THE  EFFECTIVENESS  OF
 THIS TITLE.
 § 27-3417. PRODUCER RESPONSIBILITIES.
   1.  BEGINNING  THIRTY MONTHS 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 AN ORGANIZATION AND  IN
 FULL COMPLIANCE WITH ALL REQUIREMENTS OF THIS TITLE.
   2.  EITHER WHEN THE PRODUCER REGISTERS, OR WITHIN THIRTY MONTHS OF THE
 EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER AND ANNUALLY  THEREAFT-
 ER,  EACH  PRODUCER  SHALL  PROVIDE  THE ORGANIZATION WITH THE FOLLOWING
 INFORMATION:
 S. 4246--A                         15
 
   (A) CONTACT INFORMATION, INCLUDING THE NAME, ELECTRONIC  AND  PHYSICAL
 ADDRESS,  AND  TELEPHONE  NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE
 PRODUCER;
   (B)  A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF PACKAGING MATERI-
 ALS FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR;
   (C) THE TOTAL AMOUNT, IN UNITS AND WEIGHT, OF EACH TYPE  OF  PACKAGING
 MATERIAL  SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE INTO THE STATE
 BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND
   (D) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   3. 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.
   4. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG-
 ING REDUCTION, POST-CONSUMER CONTENT, AND RECYCLING STANDARDS UNDER THIS
 TITLE.
   5.  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 PACKAGING MATERIAL REDUCTION REQUIREMENTS OF THIS TITLE;
   (B)  THE  PACKAGING  MATERIAL  RECYCLED  CONTENT  REQUIREMENTS OF THIS
 TITLE;
   (C) THE PACKAGING MATERIAL RECYCLING REQUIREMENTS OF THIS TITLE;
   (D) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE; AND
   (E) ANY REIMBURSEMENT OBLIGATIONS THEY HAVE TO  LOCAL  GOVERNMENTS  OR
 THIRD PARTY SERVICE PROVIDERS IN CONNECTION WITH THIS TITLE.
   6. 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.
   7. A PRODUCER CLAIMING AN EXEMPTION PURSUANT  TO  SUBDIVISION  SIX  OF
 THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO
 DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION.
 § 27-3419. DEPARTMENT RESPONSIBILITIES.
   1.  WITHIN  EIGHTEEN  MONTHS  OF THE EFFECTIVE DATE OF THIS TITLE, THE
 DEPARTMENT SHALL, IN ACCORDANCE WITH  SECTION  27-3437  OF  THIS  TITLE,
 PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER,
 AND  ENFORCE  THE  PROVISIONS OF THIS TITLE, INCLUDING SETTING STANDARDS
 FOR CONSUMER PROTECTION WHEN THE ORGANIZATION DIRECTLY  DISBURSES  FUNDS
 TO  THIRD PARTIES. THESE RULES AND REGULATIONS SHALL INCLUDE PROHIBITING
 CERTAIN PACKAGING TOXINS PURSUANT TO SECTION 27-3425 OF THIS  TITLE  AND
 SETTING  RECOMMENDED  PRODUCERS'  PROGRAM  FEES,  AFTER  CONSULTING WITH
 MULTIPLE STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS,  BUSINESSES,  INSTI-
 TUTIONS,  AND  OTHER  EXTENDED PRODUCER RESPONSIBILITY PROGRAMS. PROGRAM
 FEES SHALL BE SET AS REQUIRED BY SECTION 27-3413 OF THIS TITLE.
   2. THE DEPARTMENT SHALL REVISE RECOMMENDED PROGRAM  FEES  EVERY  THREE
 YEARS,  BEGINNING  THREE  YEARS  AFTER  THE FIRST SET OF PROGRAM FEES IS
 ESTABLISHED, TO REFLECT NEW DATA RECEIVED ABOUT MATERIAL USE AND MANAGE-
 MENT, OR WHENEVER THE TARGETS SET IN THIS TITLE ARE NOT  MET,  TO  DRIVE
 COMPLIANCE WITH SUCH TARGETS.
 S. 4246--A                         16
 
   3.  BEGINNING  TWO  YEARS  AFTER THE EFFECTIVE DATE OF THIS TITLE, AND
 ANNUALLY THEREAFTER, THE DEPARTMENT SHALL WORK  WITH  EACH  ORGANIZATION
 TO:
   (A)  CALCULATE  THE  AMOUNT OF PACKAGING THAT WAS GENERATED DURING THE
 PRIOR CALENDAR YEAR;
   (B) CALCULATE THE RECYCLING RATE FOR ALL PACKAGING  DURING  THE  PRIOR
 CALENDAR YEAR;
   (C)  CALCULATE  THE  RECYCLING  RATE  FOR EACH PACKAGING MATERIAL TYPE
 DURING THE PRIOR CALENDAR YEAR;
   (D) DEVELOP A LIST OF PRODUCERS  REASONABLY  BELIEVED  TO  BE  OUT  OF
 COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE; AND
   (E)  UTILIZE  THIS INFORMATION WITH INPUT FROM THE ADVISORY COUNCIL TO
 PRODUCE AN ANNUAL REPORT TO BE SHARED WITH THE  LEGISLATURE  AND  POSTED
 PUBLICLY ON THE DEPARTMENT'S WEBSITE.
   4.  IN  THE EVENT THAT THE DEPARTMENT DETERMINES THAT THE ORGANIZATION
 NO LONGER MEETS THE REQUIREMENTS OF THIS TITLE, OR  FAILS  TO  IMPLEMENT
 AND  ADMINISTER THE REQUIREMENTS OF THIS TITLE IN A MANNER THAT EFFECTU-
 ATES THE PURPOSES OF THIS TITLE, AFTER REASONABLE  OPPORTUNITY  TO  CURE
 SUCH  DEFICIENCIES,  THE  DEPARTMENT  SHALL  REVOKE ITS APPROVAL OF SUCH
 ORGANIZATION AND SHALL EITHER SELECT  A  NEW  ORGANIZATION  PURSUANT  TO
 SECTION 27-3403 OF THIS TITLE OR ELECT TO OPERATE THE PROGRAM ITSELF.
 § 27-3421. STATEWIDE  PACKAGING  REDUCTION,  REUSE,  AND RECYCLING NEEDS
              ASSESSMENT.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  TITLE  AND
 EVERY  FIVE  YEARS THEREAFTER, THE DEPARTMENT SHALL COMPLETE OR CAUSE TO
 BE COMPLETED A STATEWIDE PACKAGING 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 REUSA-
 BILITY AND RECYCLABILITY OF PACKAGING.
   2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING:
   (A) THE CURRENT RECYCLING RATE FOR EACH  TYPE  OF  PACKAGING  MATERIAL
 MATERIAL;
   (B)  THE  AMOUNT,  BY  WEIGHT AND MATERIAL TYPE, OF PACKAGING MATERIAL
 RECYCLED AT EACH RECYCLING FACILITY  THAT  ACCEPTS  DISCARDED  PACKAGING
 GENERATED IN THE STATE;
   (C)  THE  PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN
 THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND PACKAG-
 ING MATERIAL CATEGORIES SPECIFICALLY;
   (D) THE NET COST OF  END-OF-LIFE  MANAGEMENT  OF  DISCARDED  PACKAGING
 MATERIAL   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  PACKAGING  MATERIAL  REUSE  AND
 REFILL PROGRAMS IN THE STATE;
   (I)  OPPORTUNITIES FOR THE IMPROVEMENT OF PACKAGING MATERIAL RECYCLING
 IN THE STATE, INCLUDING THE DEVELOPMENT  OF  END  MARKETS  FOR  RECYCLED
 PACKAGING MATERIALS.
   (J)  CURRENT  BARRIERS  AFFECTING  THE  CREATION AND IMPLEMENTATION OF
 PACKAGING MATERIAL REUSE AND REFILL PROGRAMS;
 S. 4246--A                         17
 
   (K) CONSUMER EDUCATION NEEDS IN THE STATE WITH  RESPECT  TO  PACKAGING
 MATERIAL WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY-
 CLING, AND REUSE AND REFILL SYSTEMS FOR PACKAGING MATERIAL; AND
   (L) LANDFILL CAPACITY.
   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, AND THE GOVERNOR, AND SHALL POST THE
 RESULTS ON ITS WEBSITE.
 § 27-3423. EDUCATION AND OUTREACH PROGRAM.
   1.  THE  ORGANIZATION  SHALL  DEVELOP  AND  IMPLEMENT  AN  EDUCATIONAL
 OUTREACH  PROGRAM  DESIGNED  TO EDUCATE THE PUBLIC ABOUT WASTE REDUCTION
 AND IMPROVE THE EFFECTIVENESS OF LOCAL GOVERNMENT 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;
   (B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON-
 MENTAL JUSTICE IMPACTS ASSOCIATED WITH IMPROPER  DISPOSAL  OF  PACKAGING
 MATERIAL AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS;
   (C)  INFORMATION  ON  THE  PROPER  END-OF-LIFE MANAGEMENT OF PACKAGING
 MATERIAL, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL;
   (D) THE LOCATION AND AVAILABILITY OF  CURBSIDE  COLLECTION  AND  ADDI-
 TIONAL DROP-OFF COLLECTION OPPORTUNITIES FOR PACKAGING MATERIAL, INCLUD-
 ING DEPOSIT AND TAKE-BACK PROGRAMS;
   (E)  HOW  TO  PREVENT  LITTER  OF PACKAGING MATERIAL 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.  THE  EDUCATIONAL OUTREACH PROGRAM SHALL INCORPORATE, AT A MINIMUM,
 ELECTRONIC, PRINT, WEB-BASED AND SOCIAL MEDIA  ELEMENTS,  INCLUDING  FOR
 USE  BY  LOCAL  GOVERNMENTS  AT THEIR DISCRETION, AS WELL AS INCLUDING A
 VARIETY OF OUTREACH  AND  EDUCATION  TOOLS.  SUCH  EDUCATIONAL  OUTREACH
 PROGRAMS  SHALL  ENSURE MATERIALS ARE WIDELY ACCESSIBLE AND AVAILABLE IN
 MULTIPLE LANGUAGES.
   3. THE EDUCATIONAL OUTREACH PROGRAM  SHALL  BE  COORDINATED  WITH  AND
 ASSIST  LOCAL GOVERNMENT PROGRAMS, LOCAL GOVERNMENT 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
 PRODUCERS  TO  LABEL  OR  MARK  PACKAGING  MATERIAL,  IN ACCORDANCE WITH
 REASONABLE LABELING STANDARDS, WITH INFORMATION TO ASSIST  CONSUMERS  IN
 RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS.
   6. THE ORGANIZATION SHALL CONSULT WITH LOCAL GOVERNMENTS ON THE DEVEL-
 OPMENT  OF  EDUCATIONAL  MATERIALS AND MAY COORDINATE WITH LOCAL GOVERN-
 MENTS ON OUTREACH AND COMMUNICATION.
   7. THE ORGANIZATION SHALL  BE  AUTHORIZED  TO  PROVIDE  PRODUCERS  AND
 RETAILERS   WITH   EDUCATIONAL  MATERIALS  RELATED  TO  THE  RESPONSIBLE
 REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF DISCARDED PACKAGING  MATERI-
 AL. 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
 S. 4246--A                         18
 
 PURCHASE, AND ADVERTISING MATERIALS THAT PROMOTE AND ENCOURAGE CONSUMERS
 TO PROPERLY REUSE, RECYCLE, OR DISPOSE OF PACKAGING MATERIAL.
 § 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;
   (L) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL);
   (M) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE;
   (N) POLYSTYRENE; OR
   (O) POLYCARBONATE.
   2.(A)  THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A TOXIC PACK-
 AGING TASK FORCE TO REVIEW THE TOXICITY IN PACKAGING IN THE  STATE,  AND
 TO  RECOMMEND  TO  THE  DEPARTMENT  THE  DESIGNATION OF ADDITIONAL TOXIC
 SUBSTANCES WHICH SHALL BE SUBJECT  TO  THE  SAME  PROHIBITION  AS  THOSE
 SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION.
   (B)  THE  TOXIC  PACKAGING TASK FORCE SHALL HAVE SEVEN MEMBERS, ONE OF
 WHOM SHALL BE THE COMMISSIONER OR THEIR DESIGNEE WHO SHALL BE CHAIR, AND
 ONE OF WHOM SHALL BE THE COMMISSIONER OF HEALTH OR THEIR  DESIGNEE.  THE
 OTHER  MEMBERS  SHALL  INCLUDE:    (I) A REPRESENTATIVE OF THE PACKAGING
 INDUSTRY; (II) A REPRESENTATIVE OF AN  ENVIRONMENTAL  JUSTICE  ORGANIZA-
 TION; AND (III) A REPRESENTATIVE FROM THE CHEMICAL INDUSTRY; ALL OF WHOM
 SHALL  BE  APPOINTED BY THE COMMISSIONER. THE REMAINING MEMBERS SHALL BE
 PERSONS WITH SIGNIFICANT PROFESSIONAL OR ACADEMIC  EXPERTISE  IN  PUBLIC
 HEALTH  AND  TOXICOLOGY, ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED BY THE SPEAK-
 ER OF THE ASSEMBLY.  APPOINTMENTS TO THE TOXIC PACKAGING TASK FORCE  ARE
 TERM LIMITED TO FIVE CONSECUTIVE YEARS OF SERVICE.
   (C)  THE  TASK  FORCE SHALL MEET AT LEAST TWICE PER YEAR TO REVIEW AND
 RECOMMEND  TO  THE  DEPARTMENT  WHETHER  THERE  ARE   ADDITIONAL   TOXIC
 SUBSTANCES OR CLASSES OF TOXIC SUBSTANCES THAT SHOULD NO LONGER BE SOLD,
 OFFERED  FOR SALE, DISTRIBUTED FOR SALE, OR DISTRIBUTED FOR USE IN PACK-
 AGING IN THIS STATE.
   3. WITHIN ONE HUNDRED EIGHTY DAYS OF THE TOXIC  PACKAGING  TASK  FORCE
 RECOMMENDING  THE  DESIGNATION  OF  AN  ADDITIONAL  TOXIC SUBSTANCE, THE
 DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO DESIGNATE SUCH SUBSTANCE
 AS A TOXIC SUBSTANCE UNDER THIS SECTION AND PROHIBIT  THE  USE  OF  SUCH
 TOXIC  SUBSTANCE  IN  PACKAGING  IN  THE  SAME  MANNER  AS  THOSE  TOXIC
 SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION, WITH AN  EFFECTIVE
 DATE NO LATER THAN TWO YEARS AFTER THE DATE OF SUCH RECOMMENDATION.
   4.  ANY  PRODUCER  THAT  VIOLATES  THIS SECTION, OR ANY RULES OR REGU-
 LATIONS PROMULGATED PURSUANT TO THIS SECTION, SHALL BE SUBJECT TO A FINE
 FOR EACH VIOLATION NOT TO EXCEED TEN THOUSAND DOLLARS PER VIOLATION. FOR
 THE PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT  IS  SOLD,  OFFERED
 S. 4246--A                         19
 
 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. NON-REUSABLE 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  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED
 TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY
 SELL,  OFFER  FOR  SALE,  OR  DISTRIBUTE FOR SALE INTO THE STATE, BY TEN
 PERCENT BY UNIT WEIGHT.
   (B) BEGINNING FIVE YEARS AFTER A  PRODUCER  FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS 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 UNIT WEIGHT.
   (C) BEGINNING EIGHT YEARS AFTER A PRODUCER  FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED
 TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY
 SELL,  OFFER  FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY THIRTY
 PERCENT BY UNIT WEIGHT.
   (D) BEGINNING TEN YEARS AFTER  A  PRODUCER  FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS 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 UNIT WEIGHT.
   (E) BEGINNING TWELVE YEARS AFTER A PRODUCER FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED
 TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY
 SELL,  OFFER  FOR  SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY FIFTY
 PERCENT BY UNIT 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 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  NON-PLASTIC MATERIALS WITH PLASTIC MATERIALS OR SUBSTITUT-
 ING RECYCLABLE MATERIALS WITH NON-RECYCLABLE MATERIALS.
   5. IN THE CASE OF A PRODUCER FOR WHICH, AS OF THE  EFFECTIVE  DATE  OF
 THIS  TITLE  OR  UPON ENTRY INTO THE MARKET AFTER SUCH EFFECTIVE DATE, A
 PORTION OF ITS PACKAGING IS REUSABLE AND CONTAINED WITHIN  A  REUSE  AND
 REFILL  SYSTEM,  SUCH  PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER
 FROM THE PACKAGING REDUCTION REQUIREMENTS SET FORTH IN  SUBDIVISION  ONE
 OF  THIS  SECTION  WITH  RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY
 UNIT WEIGHT, WHICH IS CONTAINED WITHIN A REUSE AND REFILL SYSTEM.
 S. 4246--A                         20
 
   6. IN THE CASE OF A PRODUCER THAT DEMONSTRATES IN A  MANNER  SATISFAC-
 TORY  TO  THE DEPARTMENT THAT, FOR THE PERIOD BEGINNING FIVE YEARS PRIOR
 TO THE EFFECTIVE DATE OF THIS TITLE AND ENDING ON THE DATE WHICH IS  TWO
 YEARS  AFTER  THE EFFECTIVE DATE OF THIS TITLE, THE PRODUCER REDUCED THE
 AMOUNT  OF  PACKAGING  USED  TO  CONTAIN,  PROTECT, DELIVER, PRESENT, OR
 DISTRIBUTE THE PRODUCTS THE PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIB-
 UTES FOR SALE INTO THE STATE, SUCH  PRODUCER MAY APPLY TO THE DEPARTMENT
 FOR A WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS OF  THIS  SECTION
 WITH  RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY UNIT WEIGHT, WHICH
 WAS REDUCED DURING SUCH FIVE-YEAR PERIOD.
   7. A PRODUCER MAY APPLY TO  THE  DEPARTMENT  FOR  A  WAIVER  FROM  THE
 REDUCTION  REQUIREMENTS  OF THIS SECTION IF COMPLIANCE IS IMPOSSIBLE DUE
 TO FEDERAL LAW. SUCH WAIVER MUST BE  APPLIED  FOR  ANNUALLY.    IN  SUCH
 APPLICATION  THE  PRODUCER SHALL PROVIDE THE DEPARTMENT AND THE ADVISORY
 COUNCIL WITH SUFFICIENT INFORMATION, IN THE DETERMINATION OF THE DEPART-
 MENT IN CONSULTATION WITH THE ADVISORY COUNCIL, TO MAKE A  DETERMINATION
 ON  SUCH  APPLICATION,  INCLUDING  PROOF THAT THE PRODUCER HAS TAKEN ALL
 FEASIBLE ACTIONS TO ACHIEVE THE REDUCTIONS REQUIRED BY THIS SECTION.
   8. 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 USED BY THE PRODUC-
 ER 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 PRODUCER 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
 PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUM-
 ER RECYCLED CONTENT.
   3. THE REQUIREMENTS OF THIS SECTION SHALL NOT  APPLY  TO  REUSABLE  OR
 REFILLABLE PACKAGING OR CONTAINERS.
   4.  BEGINNING  TWO  YEARS  AFTER  PLAN  IMPLEMENTATION  BEGINS FOR THE
 INITIAL ORGANIZATION, THE DEPARTMENT IS AUTHORIZED, IN CONSULTATION WITH
 THE ADVISORY COUNCIL, TO:
   (A) ESTABLISH CONTENT REQUIREMENTS FOR MATERIALS NOT LISTED IN  SUBDI-
 VISION TWO OF THIS SECTION; AND
   (B)  MODIFY THE POST-CONSUMER RECYCLED CONTENT TARGETS FOR THE MATERI-
 ALS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT  MODIFI-
 CATIONS  DO NOT RESULT IN A LESSER PERCENTAGE OR AN EARLIER YEAR FOR THE
 RESPECTIVE TARGET.
 § 27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIREMENTS.
   1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, PACK-
 AGING MATERIALS USED BY A PRODUCER SHALL MEET THE FOLLOWING RECYCLABILI-
 TY 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:
 S. 4246--A                         21
 
   (I)  NON-DETECTABLE  PIGMENTS,  INCLUDING  BUT  NOT  LIMITED TO CARBON
 BLACK;
   (II)  THE  TOXIC  SUBSTANCES  SET  FORTH IN SUBDIVISION ONE OF SECTION
 27-3425 OF THIS TITLE AND THOSE DESIGNATED BY THE TOXIC  PACKAGING  TASK
 FORCE PURSUANT TO SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE;
   (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 NON-RECYCLABLE OR  DISRUPTIVE
 TO  THE  RECYCLING PROCESS, AS DETERMINED BY THE DEPARTMENT IN CONSULTA-
 TION WITH THE ADVISORY COUNCIL; AND
   (VII) DOPS - POLYSTYRENE, INCLUDING EPS (EXPANDED POLYSTYRENE);
   (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 PACKING MATERIAL THAT  MEET
 THESE  CRITERIA  AND  ARE  DEEMED TO BE RECYCLABLE. THE DEPARTMENT SHALL
 UPDATE THIS LIST ANNUALLY.
   3. EACH INDIVIDUAL PRODUCER SHALL BE REQUIRED TO  MEET  THE  FOLLOWING
 RECYCLING RATE STANDARDS:
   (A) WITH RESPECT TO THE PRODUCER'S NON-PLASTIC PACKAGING:
   (I)  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MINIMUM OF
 THIRTY-FIVE PERCENT OF PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN
 ORGANIZATION AS SUPPLIED INTO THE STATE SHALL  BE  REUSED  OR  RECYCLED,
 WITH A MINIMUM OF FIVE PERCENT BEING REUSED;
   (II)  BEGINNING  JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A MINIMUM OF
 FIFTY PERCENT OF PACKAGING MATERIAL  REPORTED  BY  THE  PRODUCER  OR  AN
 ORGANIZATION  AS  SUPPLIED  INTO  THE STATE SHALL BE REUSED OR RECYCLED,
 WITH A MINIMUM OF TEN PERCENT BEING REUSED; AND
   (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY, A MINIMUM OF SEVEN-
 TY-FIVE PERCENT OF PACKAGING MATERIAL REPORTED BY  THE  PRODUCER  OR  AN
 ORGANIZATION  AS  SUPPLIED  INTO  THE STATE SHALL BE REUSED OR RECYCLED,
 WITH A MINIMUM OF TWENTY PERCENT BEING REUSED.
   (B) WITH RESPECT TO PLASTIC PACKAGING:
   (I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A  MINIMUM  OF
 TWENTY-FIVE  PERCENT  OF  PLASTIC  PACKAGING  MATERIAL  REPORTED  BY THE
 PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL  BE  REUSED
 OR RECYCLED;
   (II)  BEGINNING  JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A MINIMUM OF
 FIFTY PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY THE PRODUCER  OR
 AN  ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED;
 AND
   (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY, A MINIMUM OF SEVEN-
 TY-FIVE PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY  THE  PRODUCER
 OR  AN  ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECY-
 CLED.
   4. THE DEPARTMENT MAY ADJUST THE RECYCLING RATES IN SUBDIVISION  THREE
 OF  THIS SECTION BY RULEMAKING BASED ON INFORMATION GATHERED THROUGH THE
 NEEDS ASSESSMENT OR PROVIDED IN PRODUCER PLANS AND REPORTS, OR BASED  ON
 CONSIDERATION  OF  ENVIRONMENTAL,  TECHNICAL AND ECONOMIC CONDITIONS. AN
 ADJUSTMENT TO THE STATEWIDE RECYCLING AND REUSE PERFORMANCE TARGETS  MAY
 NOT ADJUST THE RECYCLING RATE TARGET TO LESS THAN THIRTY-FIVE PERCENT OR
 MORE THAN SEVENTY-FIVE PERCENT.
   5.  A  PRODUCER  MAY  APPLY  TO  THE  DEPARTMENT FOR A WAIVER FROM THE
 REDUCTION REQUIREMENTS OF THIS SECTION IF COMPLIANCE IS  IMPOSSIBLE  DUE
 TO  FEDERAL  LAW.  SUCH  WAIVER  SHALL  BE APPLIED FOR ANNUALLY. IN SUCH
 S. 4246--A                         22
 
 APPLICATION THE PRODUCER SHALL PROVIDE THE DEPARTMENT AND  THE  ADVISORY
 COUNCIL WITH SUFFICIENT INFORMATION, IN THE DETERMINATION OF THE DEPART-
 MENT  IN CONSULTATION WITH THE ADVISORY COUNCIL, TO MAKE A DETERMINATION
 ON  SUCH  APPLICATION,  INCLUDING  PROOF THAT THE PRODUCER HAS TAKEN ALL
 FEASIBLE ACTIONS TO ACHIEVE THE REDUCTIONS REQUIRED BY THIS SECTION.
   6. THE REQUIREMENTS OF SUBDIVISION THREE OF  THIS  SECTION  SHALL  NOT
 APPLY TO REUSABLE OR REFILLABLE PACKAGING OR CONTAINERS.
 § 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 AND SHALL ENSURE SUCH PROGRAMS ARE FUNCTIONING PROPERLY, AND  THAT
 ALL PRODUCERS 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  AND  THE  ORGANIZATION  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.
 § 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  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. 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.
 § 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.
 S. 4246--A                         23
 
   JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS
 OF  PACKAGING  REDUCTION  AND  RECYCLING  ORGANIZATIONS  RELATING TO THE
 RECOVERY OF PACKAGING MATERIALS SHALL, BY THIS TITLE, BE  VESTED  EXCLU-
 SIVELY IN THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL
 PRECLUDE  ANY  CITY,  TOWN,  VILLAGE  OR OTHER LOCAL PLANNING UNITS FROM
 DETERMINING WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING  IN  A  LOCAL
 GOVERNMENT  RECYCLING  COLLECTION  PROGRAM  OR SHALL PRECLUDE ANY PERSON
 FROM COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION  OF  PACKAGING
 MATERIALS AND PRODUCTS.
 § 27-3441. OTHER ASSISTANCE PROGRAMS.
   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  environmental  conservation law is amended by adding a new
 section 37-0202 to read as follows:
 § 37-0202. APPLICABILITY.
   THIS ARTICLE SHALL ONLY HAVE EFFECT TO THE EXTENT  THAT  THE  PROHIBI-
 TIONS  IN  THIS TITLE ARE NOT OTHERWISE SUBSTANTIALLY GIVEN EFFECT OR IN
 CONFLICT WITH THE PROVISIONS OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEV-
 EN OF THIS CHAPTER.
   § 4. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4246--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, KAVANAGH, ADDABBO, BAILEY, BRESLIN, BRIS-
   PORT, BROUK,  CHU,  CLEARE,  COMRIE,  FERNANDEZ,  GIANARIS,  GONZALEZ,
   GOUNARDES,  HINCHEY, HOYLMAN-SIGAL, JACKSON, KRUEGER, LIU, MAY, MAYER,
   MYRIE,   PALUMBO,   PARKER,   RAMOS,   RIVERA,    SALAZAR,    SANDERS,
   SCARCELLA-SPANTON,  SEPULVEDA,  SERRANO, SKOUFIS, THOMAS, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Environmental  Conservation  -- reported favorably from
   said committee and committed to the Committee on Finance --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted to the Committee on Environmental
   Conservation in accordance with Senate Rule 6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the packaging reduction and recycling infrastructure act
 
   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. SELECTION OF THE PACKAGING REDUCTION ORGANIZATION.
         27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION ORGANIZATION.
         27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
         27-3409. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
         27-3411. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
         27-3413. FUNDING MECHANISM.
         27-3415. COLLECTION AND CONVENIENCE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08868-09-4
              

 S. 4246--B                          2
 
         27-3417. PRODUCER RESPONSIBILITIES.
         27-3419. DEPARTMENT RESPONSIBILITIES.
         27-3421. STATEWIDE  PACKAGING  REDUCTION,  REUSE,  AND RECYCLING
                   NEEDS ASSESSMENT.
         27-3423. EDUCATION AND OUTREACH PROGRAM.
         27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
         27-3427. NON-REUSABLE PACKAGING REDUCTION STANDARDS.
         27-3429. RECYCLED CONTENT STANDARDS.
         27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIRE-
                   MENTS.
         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  27-3411  OF  THIS
 TITLE.
   2. "BEVERAGE CONTAINER" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN
 SUBDIVISION TWO OF SECTION 27-1003 OF THIS ARTICLE.
   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. "CONTAMINATION" MEANS:
   (A)  THE  PRESENCE  OF  MATERIALS IN A GIVEN COLLECTED MATERIAL STREAM
 THAT ARE NOT ON THE MINIMUM RECYCLABLES LIST MAINTAINED BY  THE  DEPART-
 MENT; OR
   (B)  THE  PRESENCE OF MATERIALS IN A GIVEN RECYCLED MATERIAL DELIVERED
 AS A FEEDSTOCK OR COMMODITY THAT ARE NOT  SPECIFIED  OR  ACCEPTED  AS  A
 COMPONENT OF THE FEEDSTOCK OR COMMODITY.
   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, INCINERATION,
 COMBUSTION, PYROLYSIS, GASIFICATION, OR SOLVOLYSIS, WASTE-TO-ENERGY,  OR
 WASTE-TO-FUEL,  OR  ANY  OTHER  CHEMICAL  CONVERSION PROCESS. "DISPOSAL"
 SHALL ALSO INCLUDE THE USE OF MATERIALS AS LANDFILL COVER.
   7. "ECO-MODULATION" MEANS STRUCTURING PROGRAM FEES IN A WAY TO PROVIDE
 PRODUCERS WITH FINANCIAL INCENTIVES  TO  REDUCE  WASTE  AT  THE  SOURCE,
 INCREASE  RECYCLABILITY OF PACKAGING MATERIALS, PROMOTE REUSABLE PACKAG-
 ING PRODUCTS, INCLUDING THOSE THAT ARE  CONTAINED  WITHIN  A  REUSE  AND
 REFILL  SYSTEM,  DISCOURAGE  AND  DECREASE CONTAMINATION, DISINCENTIVIZE
 DESIGNS OR PRACTICES THAT INCREASE THE COSTS AND  ADVERSE  ENVIRONMENTAL
 IMPACTS  OF  MANAGING THE PACKAGING MATERIALS, AND ENCOURAGE DESIGNS AND
 PROCESSES THAT IMPROVE AND FACILITATE DEVELOPMENT OF INFRASTRUCTURE  AND
 SYSTEMS FOR SOURCE REDUCTION, REUSE, RECYCLING, AND COMPOSTING.
   8.  "DISADVANTAGED  COMMUNITY"  SHALL  HAVE THE SAME MEANING AS IS SET
 FORTH IN SUBDIVISION FIVE OF 75-0101 OF THIS CHAPTER.
 S. 4246--B                          3
 
   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.  "PACKAGING  MATERIAL"  OR "MATERIAL" MEANS A DISCRETE MATERIAL OR
 CATEGORY OF MATERIAL, REGARDLESS OF  RECYCLABILITY,  INCLUDING  BUT  NOT
 LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEXIBLE, FOAM, OR RIGID MATERI-
 AL,  INCLUDING PAPER, CARDBOARD, PLASTIC, GLASS, METAL, OR MULTI-MATERI-
 AL, THAT IS USED FOR THE 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, AND SINGLE-USE  PLASTIC  PRODUCTS  THAT
 FREQUENT  THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC PRODUCTS THAT HAVE
 THE EFFECT OF DISRUPTING RECYCLING PROCESSES, INCLUDING, BUT NOT LIMITED
 TO, SINGLE-USE PLASTIC ITEMS SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND
 PLASTIC BAGS. PACKAGING MATERIAL DOES NOT INCLUDE:
   (A) 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;
   (B)  ANIMAL  BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
 NOSTIC KITS, AND OTHER PRODUCTS OR BIOLOGICAL ORIGIN, AND OTHER  PACKAG-
 ING  MATERIALS  REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
 UNDER THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159;
   (C) 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;
   (D) PACKAGING USED TO CONTAIN HAZARDOUS OR  FLAMMABLE  PRODUCTS  REGU-
 LATED  BY THE 2012 FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
 HAZARD COMMUNICATIONS STANDARD (29 C.F.R. 1910.1200);
   (E) BEVERAGE CONTAINERS SUBJECT  TO  A  RETURNABLE  CONTAINER  DEPOSIT
 UNDER TITLE TEN OF THIS ARTICLE;
   (F)  INFANT  FORMULA  AS  DEFINED IN SECTION 321(Z) OF TITLE 21 OF THE
 UNITED STATES CODE OF FEDERAL REGULATIONS;
   (G) MEDICAL FOODS AS DEFINED IN SECTION 360EE(B)(3) OF TITLE 21 OF THE
 UNITED STATES CODE OF FEDERAL REGULATIONS; AND
   (H) ARCHITECTURAL PAINT CONTAINERS COLLECTED AND MANAGED  PURSUANT  TO
 TITLE TWENTY OF THIS ARTICLE.
   11. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION"
 MEANS  A  REGISTERED  501(C)(3)  NOT-FOR-PROFIT CHARITABLE ORGANIZATION,
 PURSUANT TO 26 U.S.C. 501(C)(3) UNDER CONTRACT WITH THE  DEPARTMENT  AND
 AUTHORIZED  TO  COLLECT  PRODUCER FEES, ASSIST PRODUCERS WITH COMPLIANCE
 WITH THE REQUIREMENTS OF THIS TITLE,  PROVIDE  TECHNICAL  ASSISTANCE  TO
 PRODUCERS AND IMPLEMENT THE PROGRAM.
   12.  "PACKAGING  REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS A DOCU-
 MENT IN WHICH AN ORGANIZATION DESCRIBES THE EFFORTS IT WILL UNDERTAKE TO
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   13. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM" MEANS THE
 PROGRAM IMPLEMENTED BY AN ORGANIZATION, AND OVERSEEN BY THE  DEPARTMENT,
 TO COMPLY WITH AND IMPLEMENT THE PROVISIONS OF THIS TITLE.
   14.  "POST-CONSUMER  RECYCLED  MATERIAL"  MEANS  NEW MATERIAL PRODUCED
 USING MATERIAL RESULTING FROM RECYCLING.
   15. "PRIMARY PACKAGING" MEANS THE PACKAGING IN DIRECT CONTACT WITH THE
 PRODUCT ITSELF, ALSO SOMETIMES REFERRED TO AS A CONSUMER UNIT.
 S. 4246--B                          4
 
   16. "PRODUCER" MEANS THE FOLLOWING ENTITIES, OTHER THAN LOCAL  GOVERN-
 MENTS, STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT, FOR COMPLIANCE WITH
 THE  REQUIREMENTS  FOR  PACKAGING  MATERIALS  SOLD, OFFERED FOR SALE, OR
 DISTRIBUTED TO CONSUMERS IN OR INTO THIS STATE:
   (A)  FOR PACKAGING MATERIALS SOLD OR SERVED TO CONSUMERS AT A PHYSICAL
 RETAIL LOCATION IN THIS STATE:
   (I) IF THE PACKAGING MATERIALS ARE SOLD OR SERVED UNDER  THE  MANUFAC-
 TURER'S OWN BRAND OR ARE SOLD OR SERVED IN PACKAGING MATERIALS THAT LACK
 IDENTIFICATION  OF  A  BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS
 THE PERSON THAT MANUFACTURES THE PRODUCT;
   (II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, THE PRODUC-
 ER OF THE PACKAGING 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  PACKAGING  MATERIALS  HAS
 AGREED  TO ACCEPT RESPONSIBILITY; WHERE THE PRODUCER IS A BUSINESS OPER-
 ATED 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  PACKAG-
 ING  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 PACKAGING MATERI-
 ALS IN OR INTO THIS STATE VIA REMOTE SALE OR DISTRIBUTION:
   (I)  THE  PRODUCER  OF PACKAGING 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 PACKAGING MATERIALS USED TO SHIP THE PRODUCT TO A
 CONSUMER IS THE PERSON THAT MANUFACTURERS THE SHIPPING MATERIAL.
   17. "PRODUCT LINE" MEANS A GROUP  OF  RELATED  PRODUCTS  ALL  MARKETED
 UNDER  A  SINGLE  BRAND THAT IS SOLD BY THE SAME PRODUCER TO DISTINGUISH
 PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS.
   18. "RECYCLABLE" MEANS A PACKAGING MATERIAL THAT MEETS THE CRITERIA IN
 SECTION 27-3431 OF THIS TITLE.
   19. "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.
   20. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS   OR COMMODITIES CONTAINED IN DISCARDS  FOR  THE  PURPOSE  OF
 PREPARING  THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE IN
 NEW PRODUCTS OR COMPONENTS. "RECYCLING" DOES  NOT  INCLUDE:  (A)  ENERGY
 RECOVERY  OR  ENERGY  GENERATION BY ANY MEANS, INCLUDING BUT NOT LIMITED
 TO, COMBUSTION, INCINERATION, PYROLYSIS,  GASIFICATION,  SOLVOLYSIS,  OR
 WASTE-TO-FUEL;  (B)  ANY  CHEMICAL  CONVERSION  PROCESS; OR (C) LANDFILL
 DISPOSAL.
   21. "RECYCLING RATE" MEANS THE PERCENTAGE OF ANY GIVEN PACKAGING  TYPE
 THAT  IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR ANY PACKAGING MATE-
 RIAL SHALL BE CALCULATED AS THE TOTAL WEIGHT OF PACKAGING THAT IS  RECY-
 CLED  IN  A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF PACKAGING MATERIAL
 GENERATED IN THAT YEAR.  MATERIAL  LOSSES,  INCLUDING  CONTAMINANTS  AND
 RESIDUES,  ACCRUING  DURING COLLECTION, PROCESSING AND MANUFACTURING NEW
 PRODUCTS DO NOT COUNT AS RECYCLED AND  SHALL  NOT  BE  INCLUDED  IN  THE
 NUMERATOR OF THE EQUATION.
 S. 4246--B                          5
 
   22.  "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.
   23.  "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.
   24.  "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS PACKAGING
 MATERIAL AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND  MANUFACTURED
 TO  MAINTAIN SHAPE AND STRUCTURE, AND BE MATERIALLY DURABLE FOR REPEATED
 SANITIZING, WASHING, AND REUSE.
   25. "TOXIC PACKAGING TASK FORCE" MEANS THE TOXIC PACKAGING TASK  FORCE
 ESTABLISHED BY SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE.
   26.  "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. SELECTION OF THE PACKAGING REDUCTION ORGANIZATION.
   1.  UNTIL THE DATE WHICH IS TEN YEARS AFTER THE EFFECTIVE DATE OF THIS
 TITLE, THERE SHALL BE ONLY ONE PACKAGING REDUCTION ORGANIZATION AND  ALL
 PRODUCERS  SHALL  BE  REQUIRED TO REGISTER WITH SUCH PACKAGING REDUCTION
 ORGANIZATION.
   2. CONSISTENT WITH THE REQUIREMENTS  OF  THIS  TITLE,  WITHIN  FIFTEEN
 MONTHS  OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL SELECT
 AND ENTER INTO A CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION TO  ACT  AS
 THE INITIAL ORGANIZATION IN ORDER TO OPERATE THE PACKAGING REDUCTION AND
 RECYCLING PROGRAM.
   3. WITHIN NINE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AND CONSIST-
 ENT   WITH  APPLICABLE  COMPETITIVE  BIDDING  REQUIREMENTS  UNDER  STATE
 PURCHASING LAWS,  THE DEPARTMENT SHALL ISSUE A REQUEST FOR PROPOSALS FOR
 THE OPERATION OF THE PACKAGING  REDUCTION  AND  RECYCLING  PROGRAM.  THE
 SUCCESSFUL  BIDDER  SHALL  BE  REQUIRED  TO  INCLUDE,  AT A MINIMUM, THE
 FOLLOWING INFORMATION:
   (A) A DESCRIPTION OF HOW  THE  BIDDER  WILL  ADMINISTER  THE  PROGRAM,
 INCLUDING  THE  MECHANISMS  AND  PROCESSES  FOR  PROVIDING ASSISTANCE TO
 PRODUCERS TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS TITLE;
   (B) THE MECHANISMS AND PROCESSES THE BIDDER WILL USE TO COMPILE INFOR-
 MATION FROM PRODUCERS;
 S. 4246--B                          6
 
   (C) HOW THE BIDDER INTENDS TO  MANAGE  AND  ACCOUNT  FOR  ALL  PROGRAM
 RELATED  FUNDS WHICH PASS THROUGH THE ORGANIZATION, INCLUDING HOW TIMELY
 REIMBURSEMENTS TO LOCAL GOVERNMENTS WILL BE PROVIDED;
   (D)  A FINANCIAL ASSURANCE PLAN THAT ENSURES ALL PROGRAM FUNDS HELD BY
 THE ORGANIZATION ARE IMMEDIATELY AND EXCLUSIVELY  FORFEITED  AND  TRANS-
 FERRED  TO  OR OTHERWISE MADE IMMEDIATELY AVAILABLE TO THE DEPARTMENT IF
 THE ORGANIZATION'S CONTRACT WITH THE DEPARTMENT  IS  TERMINATED  BY  THE
 DEPARTMENT, OR EXPIRES;
   (E) A PROPOSED BUDGET OUTLINING THE ANTICIPATED COSTS OF OPERATING THE
 PROGRAM  AND  A DESCRIPTION OF THE METHOD BY WHICH THE BIDDER INTENDS TO
 DETERMINE AND COLLECT PRODUCER PAYMENTS DURING THE INITIAL STARTUP PERI-
 OD; AND
   (F) ANY OTHER ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   4. IF, AT THE CLOSE OF THE COMPETITIVE BIDDING PROCESS UNDER  SUBDIVI-
 SION THREE OF THIS SECTION, THE DEPARTMENT DETERMINES THAT NO BIDDER HAS
 SUBMITTED,  IN  ACCORDANCE  WITH SUCH SUBDIVISION, A PROPOSAL THAT MEETS
 THE REQUIREMENTS OF THIS  SECTION,  THE  DEPARTMENT  SHALL  OPERATE  THE
 PROGRAM  BY  ITSELF  OR  DESIGNATE  A   STATE PUBLIC BODY TO OPERATE THE
 PROGRAM.
   5. IF AFTER RECOMMENDATION BY THE ADVISORY COUNCIL PURSUANT TO  SUBDI-
 VISION  TEN  OF  SECTION 27-3411 OF THIS TITLE THE DEPARTMENT DETERMINES
 THAT IT WOULD BE BENEFICIAL FOR THERE  TO  BE  ADDITIONAL  ORGANIZATIONS
 IMPLEMENTING  THE  PROGRAM, BEGINNING TEN YEARS AFTER THE EFFECTIVE DATE
 OF THIS TITLE, THE DEPARTMENT MAY ISSUE  A  REQUEST  FOR  PROPOSALS  FOR
 ADDITIONAL  ORGANIZATIONS  IN A MANNER CONSISTENT WITH THE PROVISIONS OF
 THIS SECTION. SHOULD  THE DEPARTMENT DETERMINE TO HAVE ADDITIONAL ORGAN-
 IZATIONS,  THE    DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO  ENSURE
 CONSISTENCY AND  COORDINATION BETWEEN ALL ORGANIZATIONS.
 § 27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION ORGANIZATION.
   1. PRODUCERS SHALL REGISTER WITH A PACKAGING REDUCTION ORGANIZATION TO
 MEET  THE  RESPONSIBILITIES OF THE PROGRAM PURSUANT TO THE PROVISIONS OF
 THIS SECTION.
   2. EACH PACKAGING REDUCTION ORGANIZATION SHALL:
   (A) DEVELOP A PACKAGING REDUCTION AND RECYCLING PLAN AND  SUBMIT  SUCH
 PLAN  TO  THE  ADVISORY  COUNCIL  FOR  REVIEW AND COMMENT, AND AFTER ANY
 MODIFICATIONS IN RESPONSE TO SUCH  COMMENTS,  SUBMIT  THE  PLAN  TO  THE
 COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE;
   (B)  COLLECT  AND  COMPILE  DATA FROM PRODUCERS AS REQUIRED BY SECTION
 27-3417 OF THIS TITLE;
   (C) COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3413  OF
 THIS TITLE;
   (D) REIMBURSE THE DEPARTMENT AND ANY OTHER RELEVANT STATE AGENCIES FOR
 THE  COSTS  ASSOCIATED  WITH  CONDUCTING  THE STATEWIDE NEEDS ASSESSMENT
 REQUIRED BY SECTION 27-3421 OF THIS TITLE,  THE  ADMINISTRATION  OF  THE
 PROGRAM  BY THE DEPARTMENT, AND THE EXPENSES OF THE ADVISORY COUNCIL AND
 THE TOXIC PACKAGING TASK FORCE;
   (E) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA-
 NIES FOR THE COSTS ASSOCIATED  WITH  THE  IMPLEMENTATION  OF  REDUCTION,
 REFILL, AND REUSE PROGRAMS, AND THE COLLECTION, TRANSPORTATION AND RECY-
 CLING, DISPOSAL OR OTHER PROCESSING OF PACKAGING MATERIALS;
   (F)  OFFER TECHNICAL SUPPORT TO PRODUCERS, WITH AN EMPHASIS ON SUPPORT
 TO SMALL BUSINESSES, TO ASSIST THEM WITH COMPLIANCE  WITH  THE  REQUIRE-
 MENTS  OF  THIS  TITLE, INCLUDING INFORMATION ABOUT PROCURING AFFORDABLE
 ALTERNATIVES TO NON-COMPLIANT PACKAGING AND REDUCING PACKAGING.
   3. ANNUALLY, EACH ORGANIZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT
 THAT, AT A MINIMUM, MUST INCLUDE THE FOLLOWING INFORMATION:
 S. 4246--B                          7
 
   (A) CONTACT INFORMATION FOR THE ORGANIZATION;
   (B)  A LIST OF ALL (I) PRODUCERS, (II) BRANDS, AND (III) PRODUCTS THAT
 EACH PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES INTO THE STATE THAT
 ARE CONTAINED, PROTECTED, DELIVERED, PRESENTED,  OR  DISTRIBUTED  IN  OR
 USING  PACKAGING,  IN EACH CASE IDENTIFIED BY THE UNIVERSAL PRODUCT CODE
 (UPC) IF THE PRODUCT HAS ONE;
   (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  BOTH WEIGHT AND NUMBER OF UNITS, OF EACH
 MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANSPORT,  DISTRIB-
 UTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED INTO THE
 STATE BY ALL PRODUCERS DURING THE PRIOR CALENDAR YEAR;
   (E) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA-
 TION DURING THE PRIOR CALENDAR YEAR;
   (F)  A  LIST  OF PRODUCERS REASONABLY BELIEVED TO BE OUT OF COMPLIANCE
 WITH THE REQUIREMENTS OF THIS TITLE, AND  THE  REASON  THE  ORGANIZATION
 REASONABLY  BELIEVES  THE PRODUCER TO BE OUT OF COMPLIANCE.  INFORMATION
 ON NON-COMPLIANT PRODUCERS SHALL BE PROVIDED  TO  THE  COMMISSIONER  AND
 RECYCLING  INSPECTOR GENERAL'S OFFICE IN A TIMELY FASHION AND FOR POSSI-
 BLE ENFORCEMENT ACTION BY THE OFFICE;
   (G) A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY  THE
 ORGANIZATION  IN  THE  PRIOR  CALENDAR  YEAR, AND HOW THOSE EFFORTS WERE
 DESIGNED TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING  OF
 PACKAGING MATERIALS;
   (H)  AN ASSESSMENT OF WHETHER THE FEE STRUCTURE ADOPTED BY THE DEPART-
 MENT PURSUANT TO SECTION 27-3413 OF THIS TITLE  HAS  BEEN  EFFECTIVE  IN
 INCENTIVIZING  IMPROVEMENTS TO THE DESIGN OF PACKAGING MATERIAL, INCLUD-
 ING ACTUAL REDUCTION OF PACKAGING, INCREASES IN REUSABLE AND  REFILLABLE
 PACKAGING, RECYCLING RATES FOR PACKAGING MATERIALS, AND DECREASES IN THE
 AMOUNT OF PACKAGING;
   (I) A DESCRIPTION OF THE REIMBURSEMENTS AND EXPENDITURES MADE PURSUANT
 TO SECTION 27-3413 OF THIS TITLE;
   (J) AUDITED FINANCIAL STATEMENTS;
   (K)  THE  RESULTS OF THE REVIEW CONDUCTED PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION; AND
   (L) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   4. EACH ORGANIZATION SHALL CONDUCT AN ANNUAL REVIEW PROCESS TO  DETER-
 MINE  WHETHER  PACKAGING  MATERIALS ARE RECYCLABLE. THIS REVIEW SHALL BE
 CONDUCTED IN CONSULTATION WITH REPRESENTATIVES OF END MARKETS, INCLUDING
 RECYCLED COMMODITIES BROKERS AND MANUFACTURERS WHO PURCHASE POST-CONSUM-
 ER MATERIAL FOR USE IN MANUFACTURING NEW PRODUCTS, AND  IN  CONSULTATION
 WITH  LOCAL  GOVERNMENTS.  FOR  THE  PURPOSES  OF  CALCULATING  PRODUCER
 PAYMENTS AND LOCAL GOVERNMENT REIMBURSEMENTS  IN  ACCORDANCE  WITH  THIS
 TITLE,  THIS  ANNUAL PROCESS SHALL INCLUDE A TRANSITIONAL PERIOD BETWEEN
 THE DATE THE DETERMINATION IS  FINALIZED  AND  THE  DATE  IT  GOES  INTO
 EFFECT.
   5. EACH ORGANIZATION SHALL CONDUCT PUBLIC OUTREACH AND PROVIDE CONSUM-
 ERS WITH EDUCATIONAL AND INFORMATIONAL MATERIALS RELATED TO REDUCING THE
 AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN THE STATE AS
 OUTLINED IN SECTION 27-3423 OF THIS TITLE.
   6.  EACH  ORGANIZATION  SHALL  OPERATE  A  PROGRAM  THAT  PROVIDES FOR
 COLLECTION CONVENIENCE AS DESCRIBED IN SECTION 27-3415 OF THIS TITLE.
 S. 4246--B                          8
 
   7. EACH ORGANIZATION SHALL NOT SPEND FUNDS  ON  LOBBYING  OR  CAMPAIGN
 CONTRIBUTIONS TO ANY CANDIDATES RUNNING FOR OFFICE.
   8.  AN  ORGANIZATION  SHALL NOT SHARE, EXCEPT WITH THE DEPARTMENT, THE
 ADVISORY COUNCIL, AND THE TOXIC PACKAGING TASK FORCE, OR AS REQUIRED  BY
 LAW,  ANY  PROPRIETARY  INFORMATION  THAT IS IDENTIFIED BY A PRODUCER AS
 PROPRIETARY INFORMATION.
 § 27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
   1. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE,  THE  INITIAL
 PACKAGING  REDUCTION  ORGANIZATION, SHALL DEVELOP AND SUBMIT A PACKAGING
 REDUCTION AND RECYCLING PLAN ON IMPLEMENTATION OF THE  RULES  AND  REGU-
 LATIONS  OF THIS TITLE, INCLUDING ENSURING TIMELY DISBURSEMENTS TO LOCAL
 GOVERNMENTS, TO THE DEPARTMENT FOR APPROVAL. THE PLAN SHALL BE SUBMITTED
 TO THE ADVISORY COUNCIL FOR REVIEW PURSUANT TO SECTION 27-3411  OF  THIS
 TITLE  PRIOR TO THE DEPARTMENT'S APPROVAL.  ANY SUBSEQUENT OR ADDITIONAL
 ORGANIZATION SHALL DEVELOP AND SUBMIT A PACKAGING REDUCTION AND  RECYCL-
 ING  PLAN AND COMPLY WITH ALL THE REQUIREMENTS OF THIS SECTION, AND HAVE
 SUCH PLAN APPROVED PURSUANT TO SECTION 27-3409 OF THIS TITLE.
   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 27-3419 OF THIS TITLE.
   3.  EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS
 AFTER THE DATE THE PLAN FOR THE INITIAL ORGANIZATION IS APPROVED AND  IN
 NO  EVENT LATER THAN THREE 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 PLAN FOR THE INITIAL
 ORGANIZATION IS APPROVED  SHALL  REGISTER  WITH  A  PACKAGING  REDUCTION
 ORGANIZATION  AND BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS THEREOF
 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 (I) THE PROPOSED FUNDING MECHANISM, IDENTIFIED IN
 SECTION 27-3413 OF THIS TITLE,  THAT  MEETS  THE  REQUIREMENTS  OF  THIS
 TITLE,  AND  (II) HOW THE ORGANIZATION WILL MAINTAIN 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
 ACCOUNT  VARIABLE REGIONAL COSTS, FOR PARTICIPATING LOCAL GOVERNMENTS OR
 PRIVATE SECTOR SERVICE PROVIDERS;
   (F) A DESCRIPTION OF THE PROCESS FOR PARTICIPATING  LOCAL  GOVERNMENTS
 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 LOCAL GOVERNMENT OR  OBTAINS  SUCH
 SERVICES  FROM  A  PRIVATE  SECTOR  SERVICE  PROVIDER, WHICH PROCESS AND
 RECOUPMENT MAY BE STRUCTURED TO INCENTIVIZE IMPROVEMENTS  IN  MANAGEMENT
 S. 4246--B                          9
 
 OF  MATERIALS  INCLUDING  WITHOUT  LIMITATION IN THE MANNER DESCRIBED IN
 PARAGRAPH (I) OF THIS SUBDIVISION;
   (G)  A  DESCRIPTION  OF  THE CHARACTERISTICS OF EACH TYPE OF PACKAGING
 MATERIAL THAT IS RELEVANT TO THE ECO-MODULATING FACTORS SET FORTH PURSU-
 ANT TO SECTION 27-3413 OF THIS TITLE;
   (H) IF THE LOCAL GOVERNMENT DOES  NOT  ELECT  TO  PROVIDE  SERVICE,  A
 DESCRIPTION  OF  THE  PROCESS USED FOR CONTRACTING WITH A PRIVATE SECTOR
 ENTITY TO PROVIDE SUCH SERVICES AND THE RECOUPMENT OF REASONABLE  COSTS,
 INCLUDING  PROCEDURES  TO  ENSURE THAT SUCH PRIVATE SECTOR ENTITY IS NOT
 COMPENSATED FOR SUCH SERVICES BY BOTH THE ORGANIZATION AND THE  CONSUMER
 FOR THE SAME SERVICE;
   (I)  HOW  THE  PRODUCERS  AND/OR  ORGANIZATION WILL WORK WITH EXISTING
 WASTE  HAULERS,  MATERIAL  RECOVERY  FACILITIES,  RECYCLERS,  AND  LOCAL
 GOVERNMENTS  TO OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS
 MATERIAL COLLECTION METHODS, IMPROVE EFFICIENCY AND YIELD OF  PROCESSING
 MATERIALS  FROM  SEPARATE  COLLECTION  STREAMS,  AND  INCREASE PACKAGING
 REDUCTION AND REUSE;
   (J) 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;
   (K)  A  DESCRIPTION  OF  HOW A LOCAL GOVERNMENT WILL PARTICIPATE, ON A
 VOLUNTARY BASIS, WITH COLLECTION AND HOW EXISTING LOCAL GOVERNMENT RECY-
 CLING PROCESSING AND COLLECTION INFRASTRUCTURE WILL BE USED;
   (L) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION PLANS  TO  MEET
 THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE;
   (M) 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;
   (N)  A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION TO
 PURCHASE RECYCLED MATERIALS FROM PROCESSORS;
   (O) A DESCRIPTION OF HOW PRODUCERS ARE COMPLYING  WITH  AND  EXCEEDING
 THE   WASTE  REDUCTION,  TOXICS,  RECYCLING  AND  POST-CONSUMER  CONTENT
 REQUIREMENTS OF THE TITLE;
   (P) A DESCRIPTION OF HOW THE ORGANIZATION WILL STRATEGICALLY INVEST IN
 EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVEL-
 OPMENT IN THE STATE IN CONSULTATION WITH THE DEPARTMENT AND IN A  MANNER
 NOT  INCONSISTENT  WITH THE NEEDS ASSESSMENT, INCLUDING, BUT NOT LIMITED
 TO, INSTALLING OR UPGRADING EQUIPMENT  TO  IMPROVE  SORTING  OF  COVERED
 MATERIALS OR MITIGATING THE IMPACTS OF MATERIALS TO OTHER COMMODITIES AT
 EXISTING SORTING AND PROCESSING FACILITIES, AND CAPITAL EXPENDITURES FOR
 NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES;
   (Q)  A  PROCESS  TO  ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND
 RESIDENTS;
   (R) A DESCRIPTION OF  THE  ORGANIZATION'S  PUBLIC  OUTREACH  EDUCATION
 PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS;
   (S)  A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND
 ADDRESSED IN THE DEVELOPMENT OF THE PLAN; AND
   (T) A DETAILED DESCRIPTION OF HOW THE ORGANIZATION CONSULTED WITH  THE
 ADVISORY  COUNCIL, THE PUBLIC, AND OTHER STAKEHOLDERS IN THE DEVELOPMENT
 OF THE PLAN PRIOR TO ITS SUBMISSION  TO  THE  DEPARTMENT,  AND  TO  WHAT
 EXTENT THE ORGANIZATION SPECIFICALLY INCORPORATED THE ADVISORY COUNCIL'S
 INPUT INTO THE PLAN.
   6.  THE ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY COUNCIL A REASON-
 ABLE PERIOD OF TIME TO REVIEW AND COMMENT UPON THE DRAFT PLAN  PRIOR  TO
 ITS  SUBMISSION  TO THE DEPARTMENT IN ACCORDANCE WITH SECTION 27-3409 OF
 S. 4246--B                         10
 
 THIS TITLE WHICH SHALL IN NO EVENT BE LESS THAN SIXTY DAYS.  THE  ORGAN-
 IZATION  SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE
 A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED BY THE  ADVISORY  COUNCIL
 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.
 § 27-3409. 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.  THE ADVISORY COUNCIL SHALL THEN MAKE A RECOMMENDATION
 REGARDING APPROVAL OR DISAPPROVAL OF THE PLAN IN ACCORDANCE WITH SECTION
 27-3411 OF THIS TITLE.
   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 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 27-3419 OF THIS TITLE.
   4. 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 FOR CAUSE AND  WITH
 DOCUMENTED JUSTIFICATION.
 § 27-3411. 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  27-3407  OF
 THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL
 OF THE PLANS, AND TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZATIONS
 AND  TO  MAKE  RECOMMENDATIONS  TO  THE  DEPARTMENT AND ORGANIZATIONS AS
 REQUIRED BY THIS SECTION.
   2. THE ADVISORY COUNCIL SHALL CONVENE FOR THE FIRST TIME NO LATER THAN
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE.  THE  ADVISORY  COUNCIL
 SHALL  BE COMPOSED OF THIRTEEN MEMBERS.  SEVEN SHALL BE APPOINTED BY THE
 COMMISSIONER, THREE SHALL BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY,
 AND  THREE  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE.
 THE ADVISORY COUNCIL SHALL INCLUDE AT LEAST ONE MEMBER FROM EACH OF  THE
 FOLLOWING:
   (A)  A  LOCAL  GOVERNMENT  ASSOCIATION  OR  LOCAL  GOVERNMENT PROGRAM,
 INCLUDING AN ADDITIONAL LOCAL GOVERNMENT 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;
 S. 4246--B                         11
 
   (J) A RETAILER;
   (K) A PUBLIC HEALTH SPECIALIST; AND
   (L)  A  PRODUCER  AND  AN ORGANIZATION ESTABLISHED UNDER THIS TITLE AS
 NON-VOTING MEMBERS.
   3. APPOINTMENTS TO  THE  ADVISORY  COUNCIL  ARE  TERM-LIMITED  TO  TEN
 CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR-
 ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN THREE CONSECUTIVE
 YEARS.
   4.  ADVISORY  COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION, EXCEPT
 THAT A MEMBER OF THE COMMITTEE WHO IS A STATE OFFICER  OR  EMPLOYEE  MAY
 RECEIVE  HIS  OR HER REGULAR COMPENSATION WHILE ENGAGING IN THE BUSINESS
 OF THE COMMITTEE, BUT SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR ANY
 ACTUAL, NECESSARY EXPENSES INCURRED IN THE COURSE OF PERFORMING BUSINESS
 FOR THE COMMITTEE.
   5. 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.
   6.  THE  COUNCIL  SHALL  DETERMINE  WHETHER  THE  PLAN SUBMITTED UNDER
 SECTION 27-3409 OF THIS TITLE MEETS THE CRITERIA  AND  OBJECTIVES  UNDER
 SUCH SECTION IN MAKING ITS RECOMMENDATION.
   7. 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.
   8. 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.
   9.  THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND
 MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT  AND  THE  ORGANIZATION  FOR
 IMPROVING  FUTURE ADMINISTRATION OF THE PROGRAM AND COMPLIANCE WITH THIS
 TITLE.
   10. THIRTY MONTHS FROM THE DATE THE DEPARTMENT ADOPTS RULES AND  REGU-
 LATIONS  PURSUANT  TO  THIS TITLE, AND EVERY THREE YEARS THEREAFTER, THE
 ADVISORY COUNCIL SHALL CONDUCT A REVIEW OF ALL RELEVANT DATA,  INCLUDING
 ANNUAL  REPORTS,  THE  LATEST  SCIENTIFIC  DATA AVAILABLE, ANY PERTINENT
 STATEWIDE WASTE AND REUSE DATA, AND ANY OTHER INFORMATION DEEMED  IMPOR-
 TANT, TO MAKE RECOMMENDATIONS TO THE FOLLOWING:
   (A)  ORGANIZATIONS  FOR  ANY CHANGES IN ADMINISTRATION OF THE PROGRAM,
 INCLUDING FEEDBACK ON THE EDUCATION AND OUTREACH PROGRAM AS OUTLINED  IN
 SECTION 27-3423 OF THIS TITLE;
   (B) THE DEPARTMENT FOR ANY NECESSARY CHANGES TO REGULATIONS, THE FUND-
 ING  MECHANISM,  REIMBURSEMENT  AND  EXPENDITURE  POLICIES OR WHETHER IT
 WOULD BE BENEFICIAL FOR THERE TO BE ADDITIONAL ORGANIZATIONS  IMPLEMENT-
 ING THE PROGRAM; AND
   (C)  THE LEGISLATURE FOR RECOMMENDED STATUTORY CHANGES. SUCH RECOMMEN-
 DATIONS SHALL INCLUDE A RECOMMENDATION AS TO WHETHER TO MODIFY THE DEFI-
 NITION OF RECYCLING UNDER THIS TITLE.
 § 27-3413. FUNDING MECHANISM.
 S. 4246--B                         12
 
   1.  ALL COSTS OF THE PROGRAM, INCLUDING  ADMINISTRATION,  ENFORCEMENT,
 AND ALL OTHER STATE COSTS OF THE PROGRAM AND ORGANIZATIONS' COSTS OF THE
 PROGRAM,  INCLUDING BUT NOT LIMITED TO THOSE COSTS DESCRIBED IN SUBDIVI-
 SION THREE OF THIS SECTION SHALL BE COVERED BY  PRODUCER  PAYMENTS.  THE
 DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS IN THE MANNER REQUIRED
 BY  SECTION  27-3419  OF  THIS  TITLE  SETTING FORTH THE MANNER IN WHICH
 PRODUCER  PAYMENTS  ON  PACKAGING  MATERIALS  SHALL  BE  CALCULATED  AND
 ASSESSED. PAYMENTS SHALL BE CALCULATED BASED ON:
   (A) THE PACKAGING MATERIAL TYPE;
   (B)  THE QUANTITY OF EACH PACKAGING MATERIAL TYPE, BY WEIGHT, THAT THE
 PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES IN THE STATE;
   (C) ECO-MODULATION, INCLUDING AS DESCRIBED  IN  SUBDIVISION  SEVEN  OF
 THIS SECTION.
   2.  THE LIST OF PACKAGING MATERIAL TYPES FOR WHICH THERE IS A SPECIFIC
 FEE SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING MATERIAL TYPES:
   (A) PAPER;
   (B) CARDBOARD;
   (C) CORRUGATED CARDBOARD;
   (D) WOOD;
   (E) GLASS;
   (F) POLYETHYLENE TEREPHTHALATE (PET);
   (G) HIGH DENSITY POLYETHYLENE (HDPE);
   (H) EXPANDED POLYSTYRENE (EPS);
   (I) POLYSTYRENE;
   (J) BIO-PLASTICS;
   (K) GENERIC PLASTICS;
   (L) PLASTIC FILM;
   (M) OTHER PLASTICS;
   (N) STEEL OR FERROUS;
   (O) ALUMINUM;
   (P) TINPLATE;
   (Q) GENERIC METALS; AND
   (R) MIXED MATERIALS INCLUDING LAMINATES AND PACKAGING CONTAINING  MORE
 THAN ONE OF THE ABOVE MATERIALS.
   3.  PACKAGING  FEES  SHALL BE DESIGNED TO COVER, AT MINIMUM, THE TOTAL
 COSTS ASSOCIATED WITH:
   (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER FORM OF  RESIDENTIAL
 SERVICE  THAT  IS,  AT  MINIMUM,  AS  CONVENIENT  AS DETAILED IN SECTION
 27-3415 OF THIS TITLE;
   (B) THE DEPARTMENT'S AND OTHER STATE AGENCIES' ADMINISTRATION OF  THIS
 TITLE;
   (C) ORGANIZATIONS' ADMINISTRATION OF THIS TITLE;
   (D)  THE COST ASSOCIATED WITH THE DEVELOPMENT OF THE NEEDS ASSESSMENT,
 AS REQUIRED IN SECTION 27-3421 OF THIS TITLE;
   (E) THE COSTS ASSOCIATED WITH THE ADVISORY COUNCIL AND THE TOXIC PACK-
 AGING TASK FORCE;
   (F) THE COSTS ASSOCIATED WITH  ESTABLISHING  PACKAGING  REDUCTION  AND
 REUSE INFRASTRUCTURE;
   (G) THE COST OF PROVIDING RECYCLING SERVICES, INCLUDING THE COLLECTION
 COST,  PROCESSING  COST  FOR  EACH RECYCLABLE MATERIAL, COST OF HANDLING
 NON-RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF  A  RECYCLING  OPERA-
 TION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL TYPE; AND
   (H) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT.
   4.  THE  DEPARTMENT  MAY  ADJUST FEES TO BE PAID BY PRODUCERS BASED ON
 FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, FEES SHALL  BE  VARIABLE
 BASED ON:
 S. 4246--B                         13
 
   (A)  COSTS  TO PROCESS PACKAGING MATERIALS FOR ACCEPTANCE BY SECONDARY
 MATERIAL MARKETS;
   (B) WHETHER THE PACKAGING MATERIAL WOULD TYPICALLY BE READILY-RECYCLA-
 BLE AS DETERMINED BY THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY
 COUNCIL, EXCEPT THAT AS A CONSEQUENCE OF THE PACKAGING DESIGN, THE PACK-
 AGING  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 RESULT IN CONTAMINATION OF THE RECYCL-
 ING PROCESS;
   (C)  WHETHER  THE  PACKAGING  MATERIAL  IS SPECIFICALLY DESIGNED TO BE
 REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE;
   (D) THE COMMODITY VALUE OF A PACKAGING MATERIAL, AS DETERMINED BY  THE
 DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL; AND
   (E) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT.
   5.  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
 EXCEEDS  THE MINIMUM REQUIREMENTS IN THE PACKAGING, AS LONG AS THE RECY-
 CLED CONTENT DOES NOT, IN THE DETERMINATION OF THE  DEPARTMENT,  DISRUPT
 THE POTENTIAL FOR FUTURE RECYCLING.
   6.  IN  ADDITION  TO  THE  ANNUAL SCHEDULE OF FEES, THE DEPARTMENT 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 PROCESSING OR REQUIRES
 SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO RECYCLING  OR  SUCCESSFUL
 PROCESSING  IN  LOCAL  GOVERNMENT RECYCLING FACILITIES, AS DETERMINED BY
 THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL.
   7. THE PROGRAM CHARGES SHALL BE STRUCTURED TO PROVIDE  PRODUCERS  WITH
 FINANCIAL INCENTIVES TO ENCOURAGE:
   (A)  A REDUCTION IN TOTAL PACKAGING AS MEASURED BY UNIT WEIGHT USED BY
 PRODUCERS, AND DISCARDED BY  CONSUMERS,  BUSINESSES,  INSTITUTIONS,  AND
 OTHER  USERS.  WEIGHT  REDUCTIONS  SHALL NOT BE ACHIEVED BY SUBSTITUTING
 PLASTIC FOR OTHER MATERIALS TYPES;
   (B) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS MANAGED WITHIN A REUSE AND REFILL SYSTEM;
   (C) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS DEEMED RECYCLABLE AS  DETERMINED  BY  AN  ANNUAL  REVIEW  PROCESS  AS
 DESCRIBED IN SECTION 27-3405 OF THIS TITLE;
   (D) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS ULTIMATELY RECYCLED;
   (E) A REDUCTION IN TOXIC COMPONENTS IN PACKAGING MATERIALS; AND
   (F) A REDUCTION IN LITTER FROM PACKAGING MATERIALS.
   8.  THERE  SHALL  BE NO FEE ASSESSED ON PACKAGING THAT IS DESIGNED FOR
 REUSE AND REFILL AND CONTAINED WITHIN A REUSE OR REFILL SYSTEM.
   9. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE  SHALL  NOT  BE
 USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF AN ORGANIZATION.
   10.  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.
   11. NOTHING IN THIS TITLE SHALL REQUIRE A LOCAL GOVERNMENT TO  PARTIC-
 IPATE IN THE PROGRAM.
   12.  THE  DEPARTMENT  SHALL UPDATE AND REVISE THE FEES WITH INPUT FROM
 THE ADVISORY COUNCIL EVERY THREE YEARS.
 S. 4246--B                         14
 
 § 27-3415. COLLECTION AND CONVENIENCE.
   1. THE PROGRAM SHALL PROVIDE FOR WIDESPREAD, CONVENIENT, AND EQUITABLE
 ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE PACKAGING MATERIALS AT
 NO  ADDITIONAL  COST.  SUCH OPPORTUNITIES SHALL BE PROVIDED TO ALL RESI-
 DENTS OF THE STATE IN A MANNER THAT IS AS CONVENIENT AS  THE  COLLECTION
 OF MUNICIPAL SOLID WASTE.
   2.  PARTICIPATION  IN  THE PROGRAM SHALL NOT RESTRICT A JURISDICTION'S
 CONSUMER'S ABILITY TO CONTRACT DIRECTLY WITH  THIRD  PARTIES  TO  OBTAIN
 RECYCLING COLLECTION SERVICES IF CONSUMERS HAVE THE OPTION TO ENTER INTO
 SUCH  CONTRACTS  AS  OF THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE
 CONSUMER STILL VOLUNTARILY CHOOSES TO CONTRACT DIRECTLY WITH  THE  THIRD
 PARTY.    THE  LOCAL  GOVERNMENT  SHALL NOT PROVIDE DISBURSEMENT TO SUCH
 THIRD PARTY SHOULD THE LOCAL  GOVERNMENT  PROVIDE  WIDESPREAD  RECYCLING
 SERVICES  EITHER  DIRECTLY  OR THROUGH A CONTRACT THAT IS DIFFERENT FROM
 THE CONTRACT WITH SUCH THIRD PARTY, AND THERE  SHALL  BE  PROCEDURES  IN
 PLACE  TO  ENSURE THAT NO SERVICE PROVIDER IS COMPENSATED MORE THAN ONCE
 FOR THE SAME SERVICE.
   3. ALL LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE  PROVIDERS  SHALL
 PROVIDE  FOR  THE  COLLECTION  AND  RECYCLING OF ALL PACKAGING MATERIALS
 CONTAINED ON THE MINIMUM RECYCLABLES LISTS, BASED ON GEOGRAPHIC REGIONS,
 IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT;  PROVIDED,  HOWEVER,  NOTHING
 SHALL  PENALIZE  A  LOCAL  GOVERNMENT  OR  PRIVATE RECYCLING SERVICE FOR
 RECOVERING AND RECYCLING MATERIALS  THAT  ARE  GENERATED  IN  THE  LOCAL
 GOVERNMENT  OR  GEOGRAPHIC  REGION  THAT ARE NOT INCLUDED ON THE MINIMUM
 RECYCLABLES LISTS AS LONG AS IT CAN BE DEMONSTRATED THAT SUCH  MATERIALS
 HAVE  A  CONSISTENT  REGIONAL  MARKET  FOR PURCHASE AS DETERMINED BY THE
 DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION.
   4. REIMBURSEMENT SHALL COVER REDUCTION,  AS  CONTEMPLATED  BY  SECTION
 27-3413 OF THIS TITLE, COLLECTION, PROCESSING, TRANSPORTATION, AND RECY-
 CLING  AND  DISPOSAL  OF  ALL PACKAGING MATERIALS SO LONG AS THE PROGRAM
 INCLUDES AT LEAST THE MINIMUM RECYCLABLES LIST. THE DEPARTMENT MAY GRANT
 AN EXCEPTION OF THE REQUIREMENTS IN  THIS  SUBDIVISION  UPON  A  WRITTEN
 SHOWING  BY  THE  LOCAL  GOVERNMENT  OR  PRIVATE  RECYCLING SERVICE THAT
 COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE FOR A SPECIFIC IDEN-
 TIFIED PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT IS IN THE BEST
 INTEREST OF THE INTENT OF THIS TITLE TO GRANT  AN  EXCEPTION;  PROVIDED,
 HOWEVER,  THAT  ANY  SUCH  EXCEPTION GRANTED BY THE DEPARTMENT SHALL NOT
 EXCEED TWELVE MONTHS.
   5. THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  TO  ENSURE
 THAT  PROGRAM  FUNDS SHALL BE USED FOR INVESTMENT IN COLLECTION SYSTEMS,
 TRANSPORTATION  SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS,  REDISTRIBUTION
 SYSTEMS,  TECHNOLOGY  FOR TRACKING AND DATA COLLECTION, CAPITAL EXPENDI-
 TURES ON NEW AND EMERGING TECHNOLOGY THAT IS  FOCUSED  ON  REUSABLE  AND
 REFILLABLE  PACKAGING,  AS  WELL AS EQUIPMENT, AND FACILITIES, AND OTHER
 PROJECTS  DETERMINED  BY   THE DEPARTMENT TO FACILITATE  THE  GOALS  AND
 OBJECTIVES OF THIS TITLE.
   6.  NOTHING  IN  THIS  TITLE  SHALL BE DEEMED TO AUTOMATICALLY VOID OR
 NULLIFY ANY  COLLECTION CONTRACTS IN EFFECT AS OF THE EFFECTIVE DATE  OF
 THIS TITLE.
 § 27-3417. PRODUCER RESPONSIBILITIES.
   1.  BEGINNING  THIRTY MONTHS 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 AN ORGANIZATION AND  IN
 FULL COMPLIANCE WITH ALL REQUIREMENTS OF THIS TITLE.
 S. 4246--B                         15
 
   2.  EITHER WHEN THE PRODUCER REGISTERS, OR WITHIN THIRTY MONTHS OF THE
 EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER AND ANNUALLY  THEREAFT-
 ER,  EACH  PRODUCER  SHALL  PROVIDE  THE ORGANIZATION WITH THE FOLLOWING
 INFORMATION:
   (A)  CONTACT  INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL
 ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED  REPRESENTATIVE  OF  THE
 PRODUCER;
   (B)  A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF PACKAGING MATERI-
 ALS FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR;
   (C) THE TOTAL AMOUNT, IN UNITS AND WEIGHT, OF EACH TYPE  OF  PACKAGING
 MATERIAL  SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE INTO THE STATE
 BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND
   (D) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   3. 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.
   4. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG-
 ING REDUCTION, POST-CONSUMER CONTENT, AND RECYCLING STANDARDS UNDER THIS
 TITLE.
   5.  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 PACKAGING MATERIAL REDUCTION REQUIREMENTS OF THIS TITLE;
   (B)  THE  PACKAGING  MATERIAL  RECYCLED  CONTENT  REQUIREMENTS OF THIS
 TITLE;
   (C) THE PACKAGING MATERIAL RECYCLING REQUIREMENTS OF THIS TITLE;
   (D) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE; AND
   (E) ANY REIMBURSEMENT OBLIGATIONS THEY HAVE TO  LOCAL  GOVERNMENTS  OR
 THIRD PARTY SERVICE PROVIDERS IN CONNECTION WITH THIS TITLE.
   6. A PRODUCER IS EXEMPT FROM THE REQUIREMENTS AND PROHIBITIONS OF THIS
 TITLE IN A CALENDAR YEAR IN WHICH:
   (A)  THE  PRODUCER  REALIZED  LESS  THAN FIVE 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 TWO TONS OF PACKAGING MATERIAL IN  TOTAL  DURING  THE
 PRIOR CALENDAR YEAR.
   7.  A  PRODUCER  CLAIMING  AN EXEMPTION PURSUANT TO SUBDIVISION SIX OF
 THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO
 DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION.
   8. NOTHING IN THIS TITLE SHALL IMPAIR A PRODUCER'S ELIGIBILITY FOR TAX
 CREDITS OR OTHER BUSINESS INCENTIVES  FOR  WHICH  THEY  WOULD  OTHERWISE
 QUALIFY.
 § 27-3419. DEPARTMENT RESPONSIBILITIES.
   1.  WITHIN  EIGHTEEN  MONTHS  OF THE EFFECTIVE DATE OF THIS TITLE, THE
 DEPARTMENT SHALL, IN ACCORDANCE WITH  SECTION  27-3437  OF  THIS  TITLE,
 PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER,
 AND  ENFORCE  THE  PROVISIONS OF THIS TITLE, INCLUDING SETTING STANDARDS
 FOR CONSUMER PROTECTION WHEN THE ORGANIZATION DIRECTLY  DISBURSES  FUNDS
 TO  THIRD PARTIES. THESE RULES AND REGULATIONS SHALL INCLUDE PROHIBITING
 CERTAIN PACKAGING TOXINS PURSUANT TO SECTION 27-3425 OF THIS  TITLE  AND
 SETTING  RECOMMENDED  PRODUCERS'  PROGRAM  FEES,  AFTER  CONSULTING WITH
 MULTIPLE STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS,  BUSINESSES,  INSTI-
 TUTIONS,  AND  OTHER  EXTENDED PRODUCER RESPONSIBILITY PROGRAMS. PROGRAM
 FEES SHALL BE SET AS REQUIRED BY SECTION 27-3413 OF THIS TITLE.
 S. 4246--B                         16
 
   2. THE DEPARTMENT SHALL REVISE RECOMMENDED PROGRAM  FEES  EVERY  THREE
 YEARS,  BEGINNING  THREE  YEARS  AFTER  THE FIRST SET OF PROGRAM FEES IS
 ESTABLISHED, TO REFLECT NEW DATA RECEIVED ABOUT MATERIAL USE AND MANAGE-
 MENT, OR WHENEVER THE TARGETS SET IN THIS TITLE ARE NOT  MET,  TO  DRIVE
 COMPLIANCE WITH SUCH TARGETS.
   3.  BEGINNING  TWO  YEARS  AFTER THE EFFECTIVE DATE OF THIS TITLE, AND
 ANNUALLY THEREAFTER, THE DEPARTMENT SHALL WORK  WITH  EACH  ORGANIZATION
 TO:
   (A)  CALCULATE  THE  AMOUNT OF PACKAGING THAT WAS GENERATED DURING THE
 PRIOR CALENDAR YEAR;
   (B) CALCULATE THE RECYCLING RATE FOR ALL PACKAGING  DURING  THE  PRIOR
 CALENDAR YEAR;
   (C)  CALCULATE  THE  RECYCLING  RATE  FOR EACH PACKAGING MATERIAL TYPE
 DURING THE PRIOR CALENDAR YEAR;
   (D) DEVELOP A LIST OF PRODUCERS  REASONABLY  BELIEVED  TO  BE  OUT  OF
 COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE; AND
   (E)  UTILIZE  THIS INFORMATION WITH INPUT FROM THE ADVISORY COUNCIL TO
 PRODUCE AN ANNUAL REPORT TO BE SHARED WITH THE  LEGISLATURE  AND  POSTED
 PUBLICLY ON THE DEPARTMENT'S WEBSITE.
   4.  IN  THE EVENT THAT THE DEPARTMENT DETERMINES THAT THE ORGANIZATION
 NO LONGER MEETS THE REQUIREMENTS OF THIS TITLE, OR  FAILS  TO  IMPLEMENT
 AND  ADMINISTER THE REQUIREMENTS OF THIS TITLE IN A MANNER THAT EFFECTU-
 ATES THE PURPOSES OF THIS TITLE, AFTER REASONABLE  OPPORTUNITY  TO  CURE
 SUCH  DEFICIENCIES,  THE  DEPARTMENT  SHALL  REVOKE ITS APPROVAL OF SUCH
 ORGANIZATION AND SHALL EITHER SELECT  A  NEW  ORGANIZATION  PURSUANT  TO
 SECTION 27-3403 OF THIS TITLE OR ELECT TO OPERATE THE PROGRAM ITSELF.
 § 27-3421. STATEWIDE  PACKAGING  REDUCTION,  REUSE,  AND RECYCLING NEEDS
              ASSESSMENT.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  TITLE  AND
 EVERY  FIVE  YEARS THEREAFTER, THE DEPARTMENT SHALL COMPLETE OR CAUSE TO
 BE COMPLETED A STATEWIDE PACKAGING 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 REUSA-
 BILITY AND RECYCLABILITY OF PACKAGING.
   2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING:
   (A) THE CURRENT RECYCLING RATE FOR EACH  TYPE  OF  PACKAGING  MATERIAL
 MATERIAL;
   (B)  THE  AMOUNT,  BY  WEIGHT AND MATERIAL TYPE, OF PACKAGING MATERIAL
 RECYCLED AT EACH RECYCLING FACILITY  THAT  ACCEPTS  DISCARDED  PACKAGING
 GENERATED IN THE STATE;
   (C)  THE  PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN
 THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND PACKAG-
 ING MATERIAL CATEGORIES SPECIFICALLY;
   (D) THE NET COST OF  END-OF-LIFE  MANAGEMENT  OF  DISCARDED  PACKAGING
 MATERIAL   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  PACKAGING  MATERIAL  REUSE  AND
 REFILL PROGRAMS IN THE STATE;
 S. 4246--B                         17
 
   (I)  OPPORTUNITIES FOR THE IMPROVEMENT OF PACKAGING MATERIAL RECYCLING
 IN THE STATE, INCLUDING THE DEVELOPMENT  OF  END  MARKETS  FOR  RECYCLED
 PACKAGING MATERIALS.
   (J)  CURRENT  BARRIERS  AFFECTING  THE  CREATION AND IMPLEMENTATION OF
 PACKAGING MATERIAL REUSE AND REFILL PROGRAMS;
   (K) CONSUMER EDUCATION NEEDS IN THE STATE WITH  RESPECT  TO  PACKAGING
 MATERIAL WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY-
 CLING, AND REUSE AND REFILL SYSTEMS FOR PACKAGING MATERIAL; AND
   (L) LANDFILL CAPACITY.
   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, AND THE GOVERNOR, AND SHALL POST THE
 RESULTS ON ITS WEBSITE.
 § 27-3423. EDUCATION AND OUTREACH PROGRAM.
   1.  THE  ORGANIZATION  SHALL  DEVELOP  AND  IMPLEMENT  AN  EDUCATIONAL
 OUTREACH  PROGRAM  DESIGNED  TO EDUCATE THE PUBLIC ABOUT WASTE REDUCTION
 AND IMPROVE THE EFFECTIVENESS OF LOCAL GOVERNMENT 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;
   (B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON-
 MENTAL JUSTICE IMPACTS ASSOCIATED WITH IMPROPER  DISPOSAL  OF  PACKAGING
 MATERIAL AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS;
   (C)  INFORMATION  ON  THE  PROPER  END-OF-LIFE MANAGEMENT OF PACKAGING
 MATERIAL, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL;
   (D) THE LOCATION AND AVAILABILITY OF  CURBSIDE  COLLECTION  AND  ADDI-
 TIONAL DROP-OFF COLLECTION OPPORTUNITIES FOR PACKAGING MATERIAL, INCLUD-
 ING DEPOSIT AND TAKE-BACK PROGRAMS;
   (E)  HOW  TO  PREVENT  LITTER  OF PACKAGING MATERIAL 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.  THE  EDUCATIONAL OUTREACH PROGRAM SHALL INCORPORATE, AT A MINIMUM,
 ELECTRONIC, PRINT, WEB-BASED AND SOCIAL MEDIA  ELEMENTS,  INCLUDING  FOR
 USE  BY  LOCAL  GOVERNMENTS  AT THEIR DISCRETION, AS WELL AS INCLUDING A
 VARIETY OF OUTREACH  AND  EDUCATION  TOOLS.  SUCH  EDUCATIONAL  OUTREACH
 PROGRAMS  SHALL  ENSURE MATERIALS ARE WIDELY ACCESSIBLE AND AVAILABLE IN
 MULTIPLE LANGUAGES.
   3. THE EDUCATIONAL OUTREACH PROGRAM  SHALL  BE  COORDINATED  WITH  AND
 ASSIST  LOCAL GOVERNMENT PROGRAMS, LOCAL GOVERNMENT 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
 PRODUCERS  TO  LABEL  OR  MARK  PACKAGING  MATERIAL,  IN ACCORDANCE WITH
 REASONABLE LABELING STANDARDS, WITH INFORMATION TO ASSIST  CONSUMERS  IN
 RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS.
   6. THE ORGANIZATION SHALL CONSULT WITH LOCAL GOVERNMENTS ON THE DEVEL-
 OPMENT  OF  EDUCATIONAL  MATERIALS AND MAY COORDINATE WITH LOCAL GOVERN-
 MENTS ON OUTREACH AND COMMUNICATION.
   7. THE ORGANIZATION SHALL  BE  AUTHORIZED  TO  PROVIDE  PRODUCERS  AND
 RETAILERS   WITH   EDUCATIONAL  MATERIALS  RELATED  TO  THE  RESPONSIBLE
 S. 4246--B                         18
 
 REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF DISCARDED PACKAGING  MATERI-
 AL. 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 PACKAGING MATERIAL.
   8. THE ORGANIZATION SHALL MAKE INFORMATION ON RELEVANT TAX CREDITS AND
 OTHER BUSINESS INCENTIVES AVAILABLE TO PRODUCERS.
 § 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;
   (L) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL);
   (M) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE;
   (N) POLYSTYRENE; OR
   (O) POLYCARBONATE.
   2.(A)  THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A TOXIC PACK-
 AGING TASK FORCE TO REVIEW THE TOXICITY IN PACKAGING IN THE  STATE,  AND
 TO  RECOMMEND  TO  THE  DEPARTMENT  THE  DESIGNATION OF ADDITIONAL TOXIC
 SUBSTANCES WHICH SHALL BE SUBJECT  TO  THE  SAME  PROHIBITION  AS  THOSE
 SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION.
   (B)  THE  TOXIC  PACKAGING TASK FORCE SHALL HAVE SEVEN MEMBERS, ONE OF
 WHOM SHALL BE THE COMMISSIONER OR THEIR DESIGNEE WHO SHALL BE CHAIR, AND
 ONE OF WHOM SHALL BE THE COMMISSIONER OF HEALTH OR THEIR  DESIGNEE.  THE
 OTHER  MEMBERS  SHALL  INCLUDE:    (I) A REPRESENTATIVE OF THE PACKAGING
 INDUSTRY; (II) A REPRESENTATIVE OF AN  ENVIRONMENTAL  JUSTICE  ORGANIZA-
 TION; AND (III) A REPRESENTATIVE FROM THE CHEMICAL INDUSTRY; ALL OF WHOM
 SHALL  BE  APPOINTED BY THE COMMISSIONER. THE REMAINING MEMBERS SHALL BE
 PERSONS WITH SIGNIFICANT PROFESSIONAL OR ACADEMIC  EXPERTISE  IN  PUBLIC
 HEALTH  AND  TOXICOLOGY, ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED BY THE SPEAK-
 ER OF THE ASSEMBLY.  APPOINTMENTS TO THE TOXIC PACKAGING TASK FORCE  ARE
 TERM LIMITED TO FIVE CONSECUTIVE YEARS OF SERVICE.
   (C)  THE  TASK  FORCE SHALL MEET AT LEAST TWICE PER YEAR TO REVIEW AND
 RECOMMEND  TO  THE  DEPARTMENT  WHETHER  THERE  ARE   ADDITIONAL   TOXIC
 SUBSTANCES  OR  CLASSES  OF  TOXIC  SUBSTANCES FOR USE IN PACKAGING THAT
 SHOULD NO LONGER BE SOLD, OFFERED FOR SALE,  DISTRIBUTED  FOR  SALE,  OR
 DISTRIBUTED FOR SUCH USE IN THIS STATE.
   3.  WITHIN  ONE  HUNDRED EIGHTY DAYS OF THE TOXIC PACKAGING TASK FORCE
 RECOMMENDING THE DESIGNATION  OF  AN  ADDITIONAL  TOXIC  SUBSTANCE,  THE
 DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO DESIGNATE SUCH SUBSTANCE
 AS  A  TOXIC  SUBSTANCE  UNDER THIS SECTION AND PROHIBIT THE USE OF SUCH
 S. 4246--B                         19
 
 TOXIC  SUBSTANCE  IN  PACKAGING  IN  THE  SAME  MANNER  AS  THOSE  TOXIC
 SUBSTANCES  LISTED IN SUBDIVISION ONE OF THIS SECTION, WITH AN EFFECTIVE
 DATE NO LATER THAN TWO YEARS AFTER THE DATE OF SUCH RECOMMENDATION.
   4.  ANY  PRODUCER  THAT  VIOLATES  THIS SECTION, OR ANY RULES OR REGU-
 LATIONS PROMULGATED PURSUANT TO THIS SECTION, SHALL BE SUBJECT TO A FINE
 FOR EACH VIOLATION NOT TO EXCEED TEN 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. NON-REUSABLE 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  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED
 TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY
 SELL,  OFFER  FOR  SALE,  OR  DISTRIBUTE FOR SALE INTO THE STATE, BY TEN
 PERCENT BY UNIT WEIGHT.
   (B) BEGINNING FIVE YEARS AFTER A  PRODUCER  FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS 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 UNIT WEIGHT.
   (C) BEGINNING EIGHT YEARS AFTER A PRODUCER  FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED
 TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY
 SELL,  OFFER  FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY THIRTY
 PERCENT BY UNIT WEIGHT.
   (D) BEGINNING TEN YEARS AFTER  A  PRODUCER  FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS 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 UNIT WEIGHT.
   (E) BEGINNING TWELVE YEARS AFTER A PRODUCER FIRST  REGISTERS  WITH  AN
 ORGANIZATION,  SUCH  PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC
 PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED
 TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE  PRODUCTS  THEY
 SELL,  OFFER  FOR  SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY FIFTY
 PERCENT BY UNIT 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 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  NON-PLASTIC MATERIALS WITH PLASTIC MATERIALS OR SUBSTITUT-
 ING RECYCLABLE MATERIALS WITH NON-RECYCLABLE MATERIALS.
 S. 4246--B                         20
 
   5. IN THE CASE OF A PRODUCER FOR WHICH, AS OF THE  EFFECTIVE  DATE  OF
 THIS  TITLE  OR  UPON ENTRY INTO THE MARKET AFTER SUCH EFFECTIVE DATE, A
 PORTION OF ITS PACKAGING IS REUSABLE AND CONTAINED WITHIN  A  REUSE  AND
 REFILL  SYSTEM,  SUCH  PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER
 FROM  THE  PACKAGING REDUCTION REQUIREMENTS SET FORTH IN SUBDIVISION ONE
 OF THIS SECTION WITH RESPECT TO THAT PERCENTAGE  OF  ITS  PACKAGING,  BY
 UNIT WEIGHT, WHICH IS CONTAINED WITHIN A REUSE AND REFILL SYSTEM.
   6.  IN  THE CASE OF A PRODUCER THAT DEMONSTRATES IN A MANNER SATISFAC-
 TORY TO THE DEPARTMENT THAT, FOR THE PERIOD BEGINNING FIVE  YEARS  PRIOR
 TO  THE EFFECTIVE DATE OF THIS TITLE AND ENDING ON THE DATE WHICH IS TWO
 YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, THE PRODUCER  REDUCED  THE
 AMOUNT  OF  PACKAGING  USED  TO  CONTAIN,  PROTECT, DELIVER, PRESENT, OR
 DISTRIBUTE THE PRODUCTS THE PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIB-
 UTES FOR SALE INTO THE STATE, SUCH  PRODUCER MAY APPLY TO THE DEPARTMENT
 FOR A WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS OF  THIS  SECTION
 WITH  RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY UNIT WEIGHT, WHICH
 WAS REDUCED DURING SUCH FIVE-YEAR PERIOD.
   7. A PRODUCER MAY APPLY TO  THE  DEPARTMENT  FOR  A  WAIVER  FROM  THE
 REDUCTION  REQUIREMENTS  OF THIS SECTION IF COMPLIANCE IS IMPOSSIBLE DUE
 TO FEDERAL LAW. SUCH WAIVER MUST BE  APPLIED  FOR  ANNUALLY.    IN  SUCH
 APPLICATION  THE  PRODUCER SHALL PROVIDE THE DEPARTMENT AND THE ADVISORY
 COUNCIL WITH SUFFICIENT INFORMATION, IN THE DETERMINATION OF THE DEPART-
 MENT IN CONSULTATION WITH THE ADVISORY COUNCIL, TO MAKE A  DETERMINATION
 ON  SUCH  APPLICATION,  INCLUDING  PROOF THAT THE PRODUCER HAS TAKEN ALL
 FEASIBLE ACTIONS TO ACHIEVE THE REDUCTIONS REQUIRED BY THIS SECTION.
   8. 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 USED BY THE PRODUC-
 ER 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 PRODUCER 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
 PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUM-
 ER RECYCLED CONTENT.
   3. THE REQUIREMENTS OF THIS SECTION SHALL NOT  APPLY  TO  REUSABLE  OR
 REFILLABLE PACKAGING OR CONTAINERS.
   4.  BEGINNING  TWO  YEARS  AFTER  PLAN  IMPLEMENTATION  BEGINS FOR THE
 INITIAL ORGANIZATION, THE DEPARTMENT IS AUTHORIZED, IN CONSULTATION WITH
 THE ADVISORY COUNCIL, TO:
   (A) ESTABLISH CONTENT REQUIREMENTS FOR MATERIALS NOT LISTED IN  SUBDI-
 VISION TWO OF THIS SECTION; AND
   (B)  MODIFY THE POST-CONSUMER RECYCLED CONTENT TARGETS FOR THE MATERI-
 ALS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT  MODIFI-
 CATIONS  DO NOT RESULT IN A LESSER PERCENTAGE OR AN EARLIER YEAR FOR THE
 RESPECTIVE TARGET.
 § 27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIREMENTS.
 S. 4246--B                         21
 
   1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, PACK-
 AGING MATERIALS USED BY A PRODUCER SHALL MEET THE FOLLOWING RECYCLABILI-
 TY 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)  THE  TOXIC  SUBSTANCES  SET  FORTH IN SUBDIVISION ONE OF SECTION
 27-3425 OF THIS TITLE AND THOSE DESIGNATED BY THE TOXIC  PACKAGING  TASK
 FORCE PURSUANT TO SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE;
   (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 NON-RECYCLABLE OR  DISRUPTIVE
 TO  THE  RECYCLING PROCESS, AS DETERMINED BY THE DEPARTMENT IN CONSULTA-
 TION WITH THE ADVISORY COUNCIL; AND
   (VII) DOPS - POLYSTYRENE, INCLUDING EPS (EXPANDED POLYSTYRENE);
   (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 PACKING MATERIAL THAT  MEET
 THESE  CRITERIA  AND  ARE  DEEMED TO BE RECYCLABLE. THE DEPARTMENT SHALL
 UPDATE THIS LIST ANNUALLY.
   3. EACH INDIVIDUAL PRODUCER SHALL BE REQUIRED TO  MEET  THE  FOLLOWING
 RECYCLING RATE STANDARDS:
   (A) WITH RESPECT TO THE PRODUCER'S NON-PLASTIC PACKAGING:
   (I)  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MINIMUM OF
 THIRTY-FIVE PERCENT OF PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN
 ORGANIZATION AS SUPPLIED INTO THE STATE SHALL  BE  REUSED  OR  RECYCLED,
 WITH A MINIMUM OF FIVE PERCENT BEING REUSED;
   (II)  BEGINNING  JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A MINIMUM OF
 FIFTY PERCENT OF PACKAGING MATERIAL  REPORTED  BY  THE  PRODUCER  OR  AN
 ORGANIZATION  AS  SUPPLIED  INTO  THE STATE SHALL BE REUSED OR RECYCLED,
 WITH A MINIMUM OF TEN PERCENT BEING REUSED; AND
   (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY, A MINIMUM OF SEVEN-
 TY-FIVE PERCENT OF PACKAGING MATERIAL REPORTED BY  THE  PRODUCER  OR  AN
 ORGANIZATION  AS  SUPPLIED  INTO  THE STATE SHALL BE REUSED OR RECYCLED,
 WITH A MINIMUM OF TWENTY PERCENT BEING REUSED.
   (B) WITH RESPECT TO PLASTIC PACKAGING:
   (I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A  MINIMUM  OF
 TWENTY-FIVE  PERCENT  OF  PLASTIC  PACKAGING  MATERIAL  REPORTED  BY THE
 PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL  BE  REUSED
 OR RECYCLED;
   (II)  BEGINNING  JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A MINIMUM OF
 FIFTY PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY THE PRODUCER  OR
 AN  ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED;
 AND
   (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY, A MINIMUM OF SEVEN-
 TY-FIVE PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY  THE  PRODUCER
 OR  AN  ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECY-
 CLED.
   4. THE DEPARTMENT MAY ADJUST THE RECYCLING RATES IN SUBDIVISION  THREE
 OF  THIS SECTION BY RULEMAKING BASED ON INFORMATION GATHERED THROUGH THE
 S. 4246--B                         22
 
 NEEDS ASSESSMENT OR PROVIDED IN PRODUCER PLANS AND REPORTS, OR BASED  ON
 CONSIDERATION  OF  ENVIRONMENTAL,  TECHNICAL AND ECONOMIC CONDITIONS. AN
 ADJUSTMENT TO THE STATEWIDE RECYCLING AND REUSE PERFORMANCE TARGETS  MAY
 NOT ADJUST THE RECYCLING RATE TARGET TO LESS THAN THIRTY-FIVE PERCENT OR
 MORE THAN SEVENTY-FIVE PERCENT.
   5.  A  PRODUCER  MAY  APPLY  TO  THE  DEPARTMENT FOR A WAIVER FROM THE
 REDUCTION REQUIREMENTS OF THIS SECTION IF COMPLIANCE IS  IMPOSSIBLE  DUE
 TO  FEDERAL  LAW.  SUCH  WAIVER  SHALL  BE APPLIED FOR ANNUALLY. IN SUCH
 APPLICATION THE PRODUCER SHALL PROVIDE THE DEPARTMENT AND  THE  ADVISORY
 COUNCIL WITH SUFFICIENT INFORMATION, IN THE DETERMINATION OF THE DEPART-
 MENT  IN CONSULTATION WITH THE ADVISORY COUNCIL, TO MAKE A DETERMINATION
 ON SUCH APPLICATION, INCLUDING PROOF THAT THE  PRODUCER  HAS  TAKEN  ALL
 FEASIBLE ACTIONS TO ACHIEVE THE REDUCTIONS REQUIRED BY THIS SECTION.
   6.  THE  REQUIREMENTS  OF  SUBDIVISION THREE OF THIS SECTION SHALL NOT
 APPLY TO REUSABLE OR REFILLABLE PACKAGING OR CONTAINERS.
 § 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  AND SHALL ENSURE SUCH PROGRAMS ARE FUNCTIONING PROPERLY, AND THAT
 ALL PRODUCERS 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  AND  THE  ORGANIZATION  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.
 § 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  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. 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.
 § 27-3437. RULES AND REGULATIONS.
 S. 4246--B                         23
 
   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 PACKAGING MATERIALS SHALL, BY THIS TITLE, BE  VESTED  EXCLU-
 SIVELY IN THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL
 PRECLUDE  ANY  CITY,  TOWN,  VILLAGE  OR OTHER LOCAL PLANNING UNITS FROM
 DETERMINING WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING  IN  A  LOCAL
 GOVERNMENT  RECYCLING  COLLECTION  PROGRAM  OR SHALL PRECLUDE ANY PERSON
 FROM COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION  OF  PACKAGING
 MATERIALS AND PRODUCTS.
 § 27-3441. OTHER ASSISTANCE PROGRAMS.
   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  environmental  conservation law is amended by adding a new
 section 37-0202 to read as follows:
 § 37-0202. APPLICABILITY.
   THIS ARTICLE SHALL ONLY HAVE EFFECT TO THE EXTENT  THAT  THE  PROHIBI-
 TIONS  IN  THIS TITLE ARE NOT OTHERWISE SUBSTANTIALLY GIVEN EFFECT OR IN
 CONFLICT WITH THE PROVISIONS OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEV-
 EN OF THIS CHAPTER.
   § 4. This act shall take effect immediately.