Assembly Bill A8195A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8195
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to establishing extended producer responsibility  for
   gas cylinders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
            EXTENDED PRODUCER RESPONSIBILITY FOR GAS CYLINDERS
 SECTION 27-3401. DEFINITIONS.
         27-3403. DISPOSAL BAN.
         27-3405. PRODUCER PLAN.
         27-3407. PRODUCER RESPONSIBILITIES.
         27-3409. RETAILER RESPONSIBILITIES.
         27-3411. DEPARTMENT RESPONSIBILITIES.
         27-3413. GAS CYLINDERS STEWARDSHIP ADVISORY BOARD.
         27-3415. POST-CONSUMER CONTENT REQUIREMENTS.
         27-3417. PENALTIES.
         27-3419. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   FOR THE PURPOSE OF THIS TITLE, THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CLOSED-LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED ARE RETURNED TO THE ORIGINAL PROCESS  OR  PROCESSES  IN  WHICH
 THEY WERE GENERATED AND THEY ARE REUSED IN THE PRODUCTION PROCESS.
   3.  "COLLECTION  PROGRAM"  OR  "PROGRAM"  MEANS A PROGRAM FINANCED AND
 IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR  THROUGH  A  REPRESEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11395-01-5
              

 A. 8195                             2
 
 TATIVE  ORGANIZATION,  THAT  PROVIDES  FOR,  BUT  IS NOT LIMITED TO, THE
 COLLECTION, TRANSPORTATION, REUSE, RECYCLING, PROPER END-OF-LIFE MANAGE-
 MENT, OR AN APPROPRIATE COMBINATION THEREOF, OF DISCARDED COVERED  PROD-
 UCT.
   4.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 DISCARDED COVERED PRODUCT MAY BE  RETURNED  BY  A  CONSUMER.  COLLECTION
 SITES SHALL ACCEPT ALL TYPES OF COVERED PRODUCT AS DEFINED BY THIS TITLE
 REGARDLESS OF BRAND.
   5. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR  USES  THE  COVERED PRODUCT, INCLUDING BUT NOT LIMITED TO AN
 INDIVIDUAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT
 CORPORATION, THE STATE, A  PUBLIC  CORPORATION,  PUBLIC  SCHOOL,  SCHOOL
 DISTRICT,  PRIVATE  OR  PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES OR GOVERNMENT ENTITY.
   6. "COVERED PRODUCT" MEANS A GAS CYLINDER.
   7. "DISCARDED COVERED PRODUCT" MEANS COVERED PRODUCT THAT  A  CONSUMER
 HAS  USED  AND  DISPOSED  OF  IN THE STATE AND IS NO LONGER USED FOR ITS
 MANUFACTURED PURPOSE.
   8. "END-OF-LIFE" MEANS THE STAGE AT WHICH  A  COVERED  PRODUCT  IS  NO
 LONGER  SUITABLE  FOR  ITS PRIMARY INTENDED PURPOSE AND MAY BE EVALUATED
 FOR POTENTIAL REPURPOSING OR RECYCLING.
   9. "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR  A  PORTION  OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT  CONTENT  OR  OTHER  FORMS  OF ENERGY DERIVED FROM SUCH SOLID WASTE
 MATERIALS.
   10. "GAS CYLINDER" OR "CYLINDER" MEANS ANY NONREFILLABLE OR REFILLABLE
 CYLINDER SUPPLIED TO A CONSUMER FOR PERSONAL, FAMILY  OR  HOUSEHOLD  USE
 WITH  FLAMMABLE  PRESSURIZED  GAS, HELIUM OR CARBON DIOXIDE, OF ANY SIZE
 GREATER THAN A WATER CAPACITY OF ONE-HALF POUNDS BUT NOT  EXCEEDING  ANY
 CYLINDER  WITH  A  WATER  CAPACITY  OF  FIFTY POUNDS, INCLUDING, BUT NOT
 LIMITED TO, SEAMLESS CYLINDERS AND TUBES, WELDED CYLINDERS AND INSULATED
 CYLINDERS INTENDED TO CONTAIN HELIUM, CARBON DIOXIDE OR FLAMMABLE  MATE-
 RIALS SUCH AS PROPANE, BUTANE OR OTHER FLAMMABLE COMPRESSED GASES.  "GAS
 CYLINDER"  DOES  NOT INCLUDE ANY CYLINDER, TUBE OR CONTAINER INTENDED TO
 DELIVER A PRODUCT THAT IS NOT A COMPRESSED GAS, ANY MEDICAL OR INDUSTRI-
 AL-GRADE CYLINDER OR ANY CYLINDER THAT IS USED BY ANY  MEDICAL  FACILITY
 OR  COMMERCIAL ENTERPRISE OR THAT CONTAINS OXYGEN, REFRIGERANTS, ACETYL-
 ENE, HYDROGEN, ETHYLENE OR FOAM ADHESIVES;
   11. "PRODUCER" MEANS ANY PERSON WHO  MANUFACTURES  A  COVERED  PRODUCT
 THAT  IS  SOLD,  OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE UNDER THE
 MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
   (A) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
 SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS  STATE,  WHETHER  OR  NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   (B)  ANY  PERSON  WHO IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
 THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT  IS  MANUFACTURED
 BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   12. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS  OR  COMMODITIES  CONTAINED IN DISCARDED COVERED PRODUCTS 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
 A. 8195                             3
 
   (C) LANDFILL DISPOSAL.
   13. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED PRODUCT
 THAT  IS  MANAGED  THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS TITLE,
 AND IS CALCULATED BY DIVIDING THE AMOUNT OF RECYCLED OUTPUT DERIVED FROM
 COLLECTED COVERED PRODUCTS, PLUS ANY AMOUNT SENT FOR REUSE, BY THE ESTI-
 MATED TOTAL AMOUNT OF  DISCARDED  COVERED  PRODUCT  GENERATED  DURING  A
 PROGRAM YEAR.
   14.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM.
   15.  "RETAILER"  MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE COVERED
 PRODUCTS TO A CONSUMER IN THE STATE.
   16. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
 USE IN THE SAME KIND  OF  APPLICATION  AS  THE  PRODUCT  WAS  ORIGINALLY
 INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
   17.  "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET OR  ANY  ELECTRONIC
 MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, OR REUSE.
 § 27-3403. DISPOSAL BAN.
   1.  NO  PERSON SHALL KNOWINGLY DISPOSE OF ANY COVERED PRODUCT AS SOLID
 WASTE IN THE STATE AT ANY TIME ON OR AFTER JANUARY FIRST,  TWO  THOUSAND
 TWENTY-SEVEN.
   2.  BEGINNING  SIX  MONTHS  FROM  THE EFFECTIVE DATE OF THIS TITLE, NO
 RETAILER, DISTRIBUTOR, WHOLESALER, MANUFACTURER, OR OWNER OR OPERATOR OF
 A COVERED PRODUCT COLLECTION  SITE,  CONSOLIDATION  FACILITY,  OR  WASTE
 RECYCLING  FACILITY  IN THE STATE SHALL DISPOSE OF COVERED PRODUCT WASTE
 AT A SOLID WASTE  MANAGEMENT  FACILITY  OR  HAZARDOUS  WASTE  MANAGEMENT
 FACILITY,  OR  PLACE  COVERED  PRODUCT  WASTE  FOR  COLLECTION  WHICH IS
 INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR  HAZARDOUS
 WASTE MANAGEMENT FACILITY.
   3.  BEGINNING  TWO  YEARS  FROM  THE  EFFECTIVE DATE OF THIS TITLE, NO
 PERSON, EXCEPT FOR AN INDIVIDUAL OR HOUSEHOLD SHALL PLACE OR DISPOSE  OF
 ANY  COVERED  PRODUCT  WASTE  IN ANY SOLID WASTE MANAGEMENT FACILITY, OR
 PLACE COVERED  PRODUCT  WASTE  FOR  COLLECTION  WHICH  IS  INTENDED  FOR
 DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGE-
 MENT  FACILITY IN THIS STATE. PERSONS ENGAGED IN THE COLLECTION OF SOLID
 WASTE FOR DELIVERY TO A SOLID WASTE MANAGEMENT  FACILITY  SHALL  PROVIDE
 WRITTEN  INFORMATION TO USERS OF SUCH FACILITY ON THE PROPER METHODS FOR
 THE RECYCLING OF COVERED PRODUCT.
   4. BEGINNING THREE YEARS FROM THE EFFECTIVE DATE  OF  THIS  TITLE,  NO
 INDIVIDUAL  OR  HOUSEHOLD  SHALL PLACE OR DISPOSE OF ANY COVERED PRODUCT
 WASTE, THAT EXCEEDS AN AMOUNT AS DETERMINED  BY  THE  DEPARTMENT,  SHALL
 PLACE OR DISPOSE OF ANY COVERED PRODUCT WASTE IN ANY SOLID WASTE MANAGE-
 MENT  FACILITY,  OR  PLACE COVERED PRODUCT WASTE FOR COLLECTION WHICH IS
 INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR  HAZARDOUS
 WASTE MANAGEMENT FACILITY IN THIS STATE.
   5. BEGINNING TWO YEARS FROM THE EFFECTIVE DATE OF THIS TITLE, AN OWNER
 OR  OPERATOR  OF  A  SOLID  WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE
 MANAGEMENT FACILITY SHALL EDUCATE USERS OF SUCH FACILITY ON  THE  PROPER
 METHODS  FOR  THE  MANAGEMENT  OF  COVERED PRODUCT WASTE. SUCH EDUCATION
 SHALL INCLUDE:
   (A) PROVIDING WRITTEN INFORMATION TO USERS OF  SUCH  FACILITY  ON  THE
 PROPER METHODS FOR RECYCLING OF COVERED PRODUCT WASTE; AND
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   (B)  POSTING, IN CONSPICUOUS LOCATIONS AT SUCH FACILITY, SIGNS STATING
 THAT COVERED PRODUCT WASTE MAY NOT BE DISPOSED OF AT THE FACILITY.
 § 27-3405. PRODUCER PLAN.
   1.  NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, A PRODUCER,
 EITHER INDIVIDUALLY OR COOPERATIVELY WITH ONE OR MORE  PRODUCERS,  OR  A
 REPRESENTATIVE  ORGANIZATION  SHALL  SUBMIT  TO  THE  DEPARTMENT FOR THE
 DEPARTMENT'S APPROVAL A PLAN  FOR  THE  ESTABLISHMENT  OF  A  COLLECTION
 PROGRAM  THAT  MEETS  THE  COLLECTION  REQUIREMENTS  DESCRIBED  IN  THIS
 SECTION.
   2. A PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENT  OF  THIS
 SECTION  BY  AGREEING  TO PARTICIPATE COLLECTIVELY WITH OTHER PRODUCERS.
 ANY SUCH COLLECTIVE PROGRAM SHALL NOTIFY THE DEPARTMENT.
   3. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS
 NEEDED, WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT  PROGRAM.  A  NEW
 PLAN  OR  AMENDMENT  SHALL BE REQUIRED TO BE SUBMITTED TO THE DEPARTMENT
 FOR APPROVAL WHEN:
   (A) THERE IS A REVISION OF THE PROGRAM'S GOALS; OR
   (B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   4. THE PLAN SUBMITTED BY THE PRODUCER OR  REPRESENTATIVE  ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
   (A)  PROVIDE  A LIST OF EACH PARTICIPATING PRODUCER AND BRANDS COVERED
 BY THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
   (C) DESCRIBE HOW THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  WILL
 COLLECT, TRANSPORT, RECYCLE AND PROCESS COVERED PRODUCT;
   (D)  DESCRIBE  HOW  THE PROGRAM WILL PROVIDE FOR COLLECTION OF COVERED
 PRODUCT IN THE STATE, FREE OF COST AND IN A MANNER CONVENIENT TO CONSUM-
 ERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT A MINIMUM, A CONVENIENCE
 STANDARD WHICH ENSURES THAT ALL COUNTIES IN THE STATE  AND  ALL  MUNICI-
 PALITIES  WHICH  HAVE  A  POPULATION  OF TEN THOUSAND OR GREATER HAVE AT
 LEAST  ONE  PERMANENT  COLLECTION  SITE  AND  ONE  ADDITIONAL  PERMANENT
 COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
 THAT  ACCEPTS  COVERED  PRODUCT  FROM  CONSUMERS  DURING NORMAL BUSINESS
 HOURS; HOWEVER WITH RESPECT TO A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE, AFTER CONSULTATION WITH THE DEPARTMENT OF  SANITATION  OF  SUCH
 CITY,  THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE CONVENIENCE
 STANDARD. THE PRODUCER OR REPRESENTATIVE ORGANIZATION MAY COORDINATE THE
 PROGRAM WITH EXISTING MUNICIPAL WASTE COLLECTION  INFRASTRUCTURE  AS  IS
 MUTUALLY  AGREEABLE.  CONVENIENCE  STANDARDS  SHALL  BE EVALUATED BY THE
 DEPARTMENT  PERIODICALLY  AND  THE  DEPARTMENT  MAY  REQUIRE  ADDITIONAL
 COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
   (E)  DESCRIBE  IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS TO INFORM
 CONSUMERS AND OTHERS ENGAGED IN  THE  MANAGEMENT  OF  DISCARDED  COVERED
 PRODUCT  ABOUT  THE PROGRAM INCLUDING, AT A MINIMUM, AN INTERNET WEBSITE
 AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE
 TIME OF SALE OF COVERED PRODUCT THAT PROVIDES SUFFICIENT INFORMATION  TO
 ALLOW  A  CONSUMER  TO  LEARN  HOW  TO  RETURN  SUCH COVERED PRODUCT FOR
 DISPOSAL, RECYCLING OR REUSE;
   (F) DESCRIBE THE METHODS TO BE USED  TO  REUSE  OR  RECYCLE  DISCARDED
 COVERED PRODUCT;
   (G)  DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF DISCARDED
 COVERED PRODUCT THAT CANNOT BE RECYCLED OR REUSED;
   (H) DESCRIBE HOW THE PROGRAM WILL MEET ANNUAL  PERFORMANCE  GOALS,  AS
 DETERMINED  BY  THE  DEPARTMENT, PROVIDED THAT AT A MINIMUM, THE PROGRAM
 SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
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   (I) A THIRTY PERCENT RECYCLING RATE FOR COVERED PRODUCT OF  WHICH  TEN
 PERCENT  SHALL  BE CLOSED-LOOP RECYCLING BY FIVE YEARS AFTER THE PLAN IS
 APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411 OF THIS TITLE;
   (II) A FIFTY PERCENT RECYCLING RATE FOR COVERED PRODUCT OF WHICH TWEN-
 TY PERCENT SHALL BE CLOSED-LOOP RECYCLING BY TEN YEARS AFTER THE PLAN IS
 APPROVED  BY  THE  DEPARTMENT PURSUANT TO SECTION 27-3411 OF THIS TITLE;
 AND
   (III) A SEVENTY-FIVE PERCENT RECYCLING RATE FOR  COVERED  PRODUCT,  OF
 WHICH  FORTY  PERCENT  SHALL  BE  CLOSED-LOOP RECYCLING BY FIFTEEN YEARS
 AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411
 OF THIS TITLE;
   (I) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (J)  DESCRIBE  THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
   (K) DESCRIBE THE SOURCES OF DATA AND METHODOLOGY  FOR  ESTIMATING  THE
 AMOUNT OF DISCARDED PRODUCT IN THE STATE ANNUALLY; AND
   (L) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
 § 27-3407. PRODUCER RESPONSIBILITIES.
   1.  BEGINNING NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-
 SEVEN, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL  IMPLEMENT  THE
 COLLECTION  PROGRAM  UTILIZING  COLLECTION SITES ESTABLISHED PURSUANT TO
 PARAGRAPH (D) OF SUBDIVISION 4 OF SECTION 27-3405 OF THIS TITLE.
   2. A PRODUCER SHALL NOT SELL, OR OFFER FOR SALE,  COVERED  PRODUCT  TO
 ANY  PERSON  IN THE STATE UNLESS THE PRODUCER IS IMPLEMENTING OR PARTIC-
 IPATING UNDER AN APPROVED PLAN.
   3. THE PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT AND  ADEQUATE
 TO  SERVE THE NEEDS OF CONSUMERS IN ALL AREAS OF THE STATE ON AN ONGOING
 BASIS.
   4. A PRODUCER OR REPRESENTATIVE ORGANIZATION  SHALL  MAINTAIN  RECORDS
 DEMONSTRATING COMPLIANCE WITH THE PROVISIONS OF THIS TITLE AND MAKE THEM
 AVAILABLE  FOR  AUDIT  AND  INSPECTION BY THE DEPARTMENT FOR A PERIOD OF
 THREE YEARS. THE DEPARTMENT SHALL MAKE SUCH  RECORDS  AVAILABLE  TO  THE
 PUBLIC  UPON  THE REQUEST IN ACCORDANCE WITH THE PROVISIONS OF THE STATE
 FREEDOM OF INFORMATION LAW AND THE REGULATIONS  PROMULGATED  THEREUNDER.
 RECORD  HOLDERS  SHALL  SUBMIT  THE  RECORDS REQUIRED TO COMPLY WITH THE
 REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFICATION BY THE DEPART-
 MENT OF RECEIPT OF THE REQUEST.
   5. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL BE RESPONSIBLE  FOR
 ALL  COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE COLLECTION PROGRAM,
 INCLUDING BUT NOT LIMITED TO THE COST OF COLLECTION. A PRODUCER, PRODUC-
 ERS OR REPRESENTATIVE ORGANIZATION  SHALL  PAY  COSTS  INCURRED  BY  THE
 DEPARTMENT  IN THE ADMINISTRATION AND ENFORCEMENT OF THIS TITLE.  EXCLU-
 SIVE OF FINES AND PENALTIES, THE DEPARTMENT SHALL ONLY BE REIMBURSED ITS
 ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   6. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER JANUARY THIRTY-FIRST,
 TWO THOUSAND TWENTY-SEVEN, SHALL SUBMIT A PLAN  TO  THE  DEPARTMENT,  OR
 NOTIFY  THE  DEPARTMENT  THAT  IT  HAS JOINED AN EXISTING PLAN, PRIOR TO
 SELLING OR OFFERING FOR SALE IN THE STATE ANY COVERED PRODUCT, AND SHALL
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   7. ON OR BEFORE MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-NINE,  AND
 ANNUALLY  THEREAFTER,  A  PRODUCER  OR REPRESENTATIVE ORGANIZATION SHALL
 SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE PREVIOUS CALEN-
 DAR YEAR, A DESCRIPTION OF THE PROGRAM, INCLUDING, BUT NOT  LIMITED  TO,
 THE FOLLOWING:
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   (A)  A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
 AND PROCESS COVERED PRODUCT IN THE STATE, INCLUDING DETAILING COLLECTION
 METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF  THE  PROGRAM'S
 COLLECTION CONVENIENCE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C)  THE  WEIGHT OF ALL OF THE PRODUCER'S COVERED PRODUCT IN THE STATE
 BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND  OTHER  METHODS
 OF PROCESSING OR DISPOSAL;
   (D) AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
 HAVE BEEN ACHIEVED;
   (E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
   (F)  SAMPLES  OF  ALL  EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS AND
 DETAILED LIST OF EFFORTS UNDERTAKEN AND AN  EVALUATION  OF  THE  METHODS
 USED  TO  DISSEMINATE  SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF ANY,
 FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   8. ON OR BEFORE JANUARY FIRST OF EACH PROGRAM YEAR FOLLOWING IMPLEMEN-
 TATION OF THE PLAN PURSUANT TO  SECTION  27-3405  OF  THIS  TITLE,  EACH
 PRODUCER, GROUP OF PRODUCERS OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
 A  REPORT  TO  THE  DEPARTMENT THAT ASSESSES COMPLIANCE WITH PERFORMANCE
 GOALS AND DESCRIBES ANY MODIFICATION NECESSARY TO ACHIEVE SUCH GOALS.
 § 27-3409. RETAILER RESPONSIBILITIES.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-EIGHT,  NO  RETAILER  MAY
 SELL  OR OFFER FOR SALE COVERED PRODUCT IN THE STATE UNLESS THE PRODUCER
 OF SUCH COVERED PRODUCT IS PARTICIPATING  IN  A  COLLECTION  PROGRAM.  A
 RETAILER  SHALL  BE  IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE THE
 COVERED PRODUCT WAS OFFERED FOR SALE, THE  PRODUCER  IS  LISTED  ON  THE
 DEPARTMENT'S  WEBSITE  AS  IMPLEMENTING  OR PARTICIPATING IN AN APPROVED
 PROGRAM OR IF THE COVERED PRODUCT BRAND IS LISTED  ON  THE  DEPARTMENT'S
 WEBSITE AS BEING INCLUDED IN THE PROGRAM.
   2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION  SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE WITH
 ALL APPLICABLE LAWS AND REGULATIONS.
 § 27-3411. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3405 OF THIS TITLE,
 (B)  MAINTAIN  A LIST OF EACH PRODUCER'S BRANDS, AND (C) POST SUCH LISTS
 ON THE DEPARTMENT'S WEBSITE.
   2. BEGINNING ON JANUARY THIRTY-FIRST, TWO THOUSAND  TWENTY-SEVEN,  THE
 DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE THE LOCATION OF ALL COLLECTION
 SITES IDENTIFIED TO THE DEPARTMENT BY THE  PRODUCER  IN  ITS  PLANS  AND
 ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH PRODUCER PLAN
 APPROVED BY THE DEPARTMENT.
   4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN  AMEND-
 MENTS,  THE  DEPARTMENT  SHALL  APPROVE  OR  REJECT THE PLAN OR THE PLAN
 AMENDMENT. IF THE PLAN OR THE PLAN AMENDMENT IS APPROVED, THE DEPARTMENT
 SHALL NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING.  IF
 THE  DEPARTMENT REJECTS THE PLAN OR PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION  IN  WRITING  STATING
 THE  REASON  FOR  REJECTING  THE  PLAN  OR PLAN AMENDMENT. A PRODUCER OR
 REPRESENTATIVE ORGANIZATION  WHOSE  PLAN  IS  REJECTED  SHALL  SUBMIT  A
 REVISED  PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
 OF REJECTION. IF THE DEPARTMENT REJECTS  THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER  AND  PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT
 TO ENFORCEMENT PROVISIONS.
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   5. THE DEPARTMENT SHALL SUBMIT A REPORT REGARDING  THE  IMPLEMENTATION
 OF  THIS  TITLE  IN  THE  STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL
 FIRST, TWO THOUSAND TWENTY-SEVEN AND EVERY  TWO  YEARS  THEREAFTER.  THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE STREAM OF COVERED PRODUCT IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR COVERED PROD-
 UCT;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
   6.  STARTING  FOUR  YEARS AFTER THE PLAN IS APPROVED BY THE DEPARTMENT
 PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL IMPOSE A PENALTY OF TWEN-
 TY-FIVE CENTS PER POUND TO BE ASSESSED ON THE PRODUCER OR REPRESENTATIVE
 ORGANIZATION FOR THE NUMBER OF ADDITIONAL POUNDS OF COVERED PRODUCT THAT
 WOULD HAVE NEEDED TO BE RECYCLED THROUGH  THE  PROGRAM  TO  ACHIEVE  THE
 PERFORMANCE GOALS SPECIFIED IN THE APPROVED STEWARDSHIP PLAN. ALL PENAL-
 TIES  COLLECTED  PURSUANT  TO  THIS  SECTION  SHALL  BE PAID OVER TO THE
 COMMISSIONER FOR DEPOSIT TO THE GAS CYLINDER EXTENDED PRODUCER RESPONSI-
 BILITY FUND ESTABLISHED PURSUANT TO SECTION 97-UUUU OF THE STATE FINANCE
 LAW.
 § 27-3413. GAS CYLINDERS STEWARDSHIP ADVISORY BOARD.
   1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE GAS CYLINDERS
 STEWARDSHIP ADVISORY BOARD TO MAKE RECOMMENDATIONS TO  THE  COMMISSIONER
 REGARDING PRODUCER PLANS REQUIRED BY THIS TITLE.
   2.  THE  BOARD  SHALL  BE  COMPOSED  OF  THIRTEEN VOTING MEMBERS. SUCH
 MEMBERS SHALL INCLUDE:
   (A) ONE REPRESENTATIVE OF COVERED PRODUCT PRODUCERS;
   (B) TWO REPRESENTATIVES OF COVERED PRODUCT RETAILERS;
   (C) ONE REPRESENTATIVE OF COVERED PRODUCT RECYCLERS;
   (D) TWO REPRESENTATIVES OF COVERED PRODUCT COLLECTORS;
   (E) ONE REPRESENTATIVE OF A COMPANY THAT  UTILIZES  DISCARDED  COVERED
 PRODUCT TO MANUFACTURE A NEW PRODUCT;
   (F) ONE REPRESENTATIVE OF A COVERED PRODUCT INSTALLER ASSOCIATION;
   (G) ONE REPRESENTATIVE FROM A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (H) ONE REPRESENTATIVE FROM A STATEWIDE WASTE DISPOSAL ASSOCIATION;
   (I) ONE REPRESENTATIVE FROM THE NEW YORK PRODUCT STEWARDSHIP COUNCIL;
   (J) ONE REPRESENTATIVE FROM A CONSUMER ORGANIZATION; AND
   (K) ONE REPRESENTATIVE FROM A STATEWIDE RECYCLING ORGANIZATION.
   3. THE MEMBERS OF THE BOARD SHALL BE APPOINTED AS FOLLOWS:
   (A)  TWO  MEMBERS  TO  BE  APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   (B) TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
   (D) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
 AND
   (E) SEVEN MEMBERS TO BE APPOINTED BY THE GOVERNOR.
   4. SUCH APPOINTMENTS SHALL BE MADE NO LATER THAN SIXTY DAYS  FOLLOWING
 THE  EFFECTIVE  DATE  OF THIS TITLE. THE MEMBERS SHALL DESIGNATE A CHAIR
 FROM AMONG THE MEMBERS OF THE BOARD  BY  MAJORITY  VOTE.  BOARD  MEMBERS
 SHALL  RECEIVE  NO COMPENSATION BUT SHALL BE ENTITLED TO THEIR NECESSARY
 AND ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BOARD DUTIES.
   5. THE BOARD SHALL MEET AT LEAST ANNUALLY BY CALL OF THE CHAIR.
 § 27-3415. POST-CONSUMER CONTENT REQUIREMENTS.
   ALL COVERED PRODUCT IN  THE  STATE  SHALL  BE  MANUFACTURED  WITH  THE
 FOLLOWING MINIMUM AMOUNTS FROM POST-CONSUMER SOURCES:
 A. 8195                             8
 
   1. WITHIN ONE YEAR AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSU-
 ANT TO SECTION 27-3411 OF THIS TITLE, A MINIMUM OF TEN PERCENT POST-CON-
 SUMER CONTENT;
   2. WITHIN FOUR YEARS THEREAFTER, A MINIMUM OF TWENTY PERCENT POST-CON-
 SUMER CONTENT; AND
   3.  FIVE  YEARS  THEREAFTER, A MINIMUM OF THIRTY PERCENT POST-CONSUMER
 CONTENT.
 § 27-3417. PENALTIES.
   ANY PRODUCER, REPRESENTATIVE ORGANIZATION, OR  RETAILER  WHO  VIOLATES
 ANY  PROVISION  OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS
 TITLE SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO  EXCEED  FIVE  HUNDRED
 DOLLARS  FOR  EACH  VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN
 FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATIONS CONTINUE.
 CIVIL PENALTIES SHALL BE ASSESSED BY THE DEPARTMENT AFTER A  HEARING  OR
 OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF
 THIS CHAPTER.
 § 27-3419. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
   § 2. The state finance law is amended by adding a new section  97-uuuu
 to read as follows:
   §  97-UUUU.  GAS  CYLINDER  EXTENDED PRODUCER RESPONSIBILITY FUND.  1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
 TROLLER  AND  THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION A SPECIAL
 FUND TO BE KNOWN AS THE "GAS CYLINDER EXTENDED  PRODUCER  RESPONSIBILITY
 FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION  27-3411 OF THE ENVIRONMENTAL
 CONSERVATION LAW AND ALL OTHER  MONEYS  APPROPRIATED  THERETO  FROM  ANY
 OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS,  OR  BEQUESTS  FOR
 THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM
 INTO THE FUND ACCORDING TO LAW.
   3. THE MONEYS OF THE GAS  CYLINDER  EXTENDED  PRODUCER  RESPONSIBILITY
 FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE ALLOCATED FOR
 THE  DIRECT  COSTS  ASSOCIATED WITH EXTENDED PRODUCER RESPONSIBILITY FOR
 GAS CYLINDERS PURSUANT TO TITLE THIRTY-FOUR OF ARTICLE  TWENTY-SEVEN  OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   4.  THE  STATE  COMPTROLLER  MAY INVEST ANY MONEYS IN THE GAS CYLINDER
 EXTENDED PRODUCER RESPONSIBILITY FUND NOT EXPENDED FOR  THE  PURPOSE  OF
 THIS  SECTION AS PROVIDED BY LAW. THE STATE COMPTROLLER SHALL CREDIT ANY
 INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN
 THE GAS CYLINDER EXTENDED PRODUCER RESPONSIBILITY FUND TO THE GAS CYLIN-
 DER EXTENDED PRODUCER RESPONSIBILITY FUND.
   5. ANY UNEXPECTED AND UNENCUMBERED MONEYS REMAINING IN THE GAS  CYLIN-
 DER  EXTENDED PRODUCER RESPONSIBILITY FUND AT THE END OF THE FISCAL YEAR
 SHALL REMAIN IN THE GAS CYLINDER EXTENDED PRODUCER  RESPONSIBILITY  FUND
 AND SHALL NOT BE CREDITED TO ANY OTHER FUND.
   § 3. Section 71-1701 of the environmental conservation law, as amended
 by chapter 795 of the laws of 2022, is amended to read as follows:
 § 71-1701. Applicability of this title.
   This  title shall be applicable to the enforcement of titles 1 through
 11 and titles 15 through 19 of article 17;  article  19;  and  titles  1
 [and], 33 AND 34 of article 27 OF THIS CHAPTER.
   § 4. This act shall take effect immediately.