The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6199

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the paint stewardship program

  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 20 to read as follows:
                                TITLE 20
                        PAINT STEWARDSHIP PROGRAM
SECTION 27-2001. DEFINITIONS.
        27-2003. PAINT STEWARDSHIP PROGRAM.
        27-2005. REGULATIONS.
        27-2007. REPORTING.
S 27-2001. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2. "DISTRIBUTOR" MEANS A PERSON THAT HAS  A  CONTRACTUAL  RELATIONSHIP
WITH  ONE  OR  MORE  PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
  3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS  PROCEDURES  FOR
THE  COLLECTION,  STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE  REPRESENTATIVE  ORGAN-
IZATION  OR  SUCH  REPRESENTATIVE  ORGANIZATION'S CONTRACTED PARTNERS TO
ENSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL,  STATE  AND  LOCAL  LAWS,
REGULATIONS  AND  ORDINANCES  AND THE PROTECTION OF HUMAN HEALTH AND THE
ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES INCLUDE, BUT ARE
NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCUMENTING OF THE FATE
OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE  STATE,  AND  ENVIRONMENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05196-01-5

A. 6199                             2

LIABILITY  COVERAGE  FOR PROFESSIONAL SERVICES AND FOR THE OPERATIONS OF
THE CONTRACTORS WORKING ON BEHALF OF THE REPRESENTATIVE ORGANIZATION.
  4.  "PAINT  STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED TO THE
PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT  IS  NECES-
SARY  TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST-
CONSUMER PAINT BY THE REPRESENTATIVE ORGANIZATION PURSUANT TO THE  PAINT
STEWARDSHIP PROGRAM.
  5.  "POST-CONSUMER  PAINT"  MEANS ARCHITECTURAL PAINT THAT IS NOT USED
AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
  6. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT  WHO  SELLS,
OFFERS  FOR  SALE,  DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL
PAINT IN THE STATE.
  7. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT  OR
THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
  8.  "REPRESENTATIVE  ORGANIZATION"  MEANS  THE  NONPROFIT ORGANIZATION
CREATED  BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP   PROGRAM
DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
  9. "RETAILER" MEANS ANY PERSON WHO OFFERS ARCHITECTURAL PAINT FOR SALE
AT RETAIL IN THE STATE.
  10. "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.
  11. "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, AND REUSE.
S 27-2003. PAINT STEWARDSHIP PROGRAM.
  1. ON OR BEFORE MARCH FIRST, TWO THOUSAND SIXTEEN, EACH PRODUCER SHALL
JOIN THE REPRESENTATIVE ORGANIZATION AND SUCH  REPRESENTATIVE  ORGANIZA-
TION  SHALL  SUBMIT  A PLAN FOR THE ESTABLISHMENT OF A PAINT STEWARDSHIP
PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM SHALL  MINIMIZE  THE
PUBLIC  SECTOR  INVOLVEMENT  IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGOTIATING  AGREEMENTS
TO  COLLECT,  TRANSPORT, REUSE, RECYCLE, AND/OR BURN FOR ENERGY RECOVERY
AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER PAINT USING ENVIRON-
MENTALLY SOUND MANAGEMENT PRACTICES.   THE PROGRAM  SHALL  MINIMIZE  THE
PUBLIC  SECTOR  INVOLVEMENT  IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGOTIATING  AGREEMENTS
TO  COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST FOR ENERGY RECOV-
ERY AT  AN  APPROPRIATELY  AUTHORIZED  FACILITY,  INCLUDING  PERMITTEES,
POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
  2.  THE  PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT  LEAST
ONE  PERMANENT  COLLECTION  SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN  THE  STATE;
AND  ONE  ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE  DEPART-
MENT.  WHERE  A  PERMANENT  COLLECTION  SITE  CANNOT BE LOCATED WITHIN A
FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED  PLACE,
THE  PROGRAM  SHALL  PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
THE PROGRAM SHALL NOT CHARGE A FEE  TO  THE  CONSUMER  AT  THE  TIME  OF
COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.

A. 6199                             3

  3.  THE  PLAN  SUBMITTED  TO  THE  DEPARTMENT PURSUANT TO THIS SECTION
SHALL:
  (A)  IDENTIFY  EACH  PRODUCER  PARTICIPATING  IN THE PAINT STEWARDSHIP
PROGRAM AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE  COVERED
BY THE PROGRAM;
  (B)  IDENTIFY HOW THE REPRESENTATIVE ORGANIZATION WILL PROVIDE CONVEN-
IENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
  (C) SET FORTH THE PROCESS BY WHICH  AN  INDEPENDENT  AUDITOR  WILL  BE
SELECTED  AND IDENTIFY THE CRITERIA USED BY THE REPRESENTATIVE ORGANIZA-
TION IN SELECTING AN INDEPENDENT AUDITOR;
  (D) IDENTIFY, IN DETAIL, THE EDUCATIONAL  AND  OUTREACH  PROGRAM  THAT
WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
HOW TO PARTICIPATE;
  (E)  IDENTIFY,  IN  DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
  (F) INCLUDE THE PROPOSED, AUDITED PAINT ASSESSMENT  AS  IDENTIFIED  IN
THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
  (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
  (H)  INCLUDE  A DESCRIPTION OF THE INTENDED TREATMENT, STORAGE, TRANS-
PORTATION AND DISPOSAL OPTIONS AND METHODS FOR THE  COLLECTED  POST-CON-
SUMER PAINT; AND
  (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
EACH  PRODUCER  AND  TEN  THOUSAND  DOLLARS FOR EACH PRODUCT STEWARDSHIP
ORGANIZATION TO BE DEPOSITED INTO THE ENVIRONMENTAL  REGULATORY  ACCOUNT
AS  ESTABLISHED  IN SECTION 72-1009 OF THIS CHAPTER, TO COVER THE REVIEW
OF SAID PLAN BY THE DEPARTMENT.
  4. THE COMMISSIONER SHALL APPROVE OR REJECT  A  PLAN  SUBMITTED  UNDER
THIS  SECTION  WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED, INFORM
THE PRODUCER OR PRODUCT STEWARDSHIP ORGANIZATION IN WRITING  AS  TO  ANY
DEFICIENCIES  IN  SAID PLAN. A PRODUCER OR PRODUCT STEWARDSHIP ORGANIZA-
TION SHALL AMEND AND RESUBMIT ANY  REJECTED  PLANS  FOR  RECONSIDERATION
WITHIN  SIXTY  DAYS  OF  NOTIFICATION OF THE REJECTION OF SAID PLAN. THE
COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN  WITHIN  THIRTY  DAYS  OF
RESUBMISSION.  A  PLAN SHALL BE APPROVED BY THE COMMISSIONER IF IT MEETS
THE REQUIRED ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  5. NOT LATER THAN THREE MONTHS AFTER THE DATE THE  PLAN  IS  APPROVED,
THE  REPRESENTATIVE  ORGANIZATION  SHALL IMPLEMENT THE PAINT STEWARDSHIP
PROGRAM.
  6. ON OR BEFORE  MARCH  FIRST,  TWO  THOUSAND  SIXTEEN,  THE  PROPOSED
UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
ASSESSMENT  IS  CONSISTENT  WITH  THE  BUDGET  OF  THE PAINT STEWARDSHIP
PROGRAM DESCRIBED IN THIS SECTION  AND  THE  INDEPENDENT  AUDITOR  SHALL
RECOMMEND  AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART-
MENT. THE DEPARTMENT SHALL  APPROVE  THE  PAINT  STEWARDSHIP  ASSESSMENT
BASED  UPON  THE  INDEPENDENT AUDITOR'S RECOMMENDATION.   THE DEPARTMENT
SHALL BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP  ASSESS-
MENT  BASED  UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF THE PAINT
STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
THIS SECTION IS PROPOSED TO BE CHANGED, THE REPRESENTATIVE  ORGANIZATION
SHALL  SUBMIT  THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP ASSESSMENT TO
AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS BEEN COMPLETED,
THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT THE RESULTS OF  SAID  AUDI-
TOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT STEWARDSHIP ASSESSMENT TO
THE  DEPARTMENT  FOR REVIEW. THE DEPARTMENT SHALL REVIEW AND APPROVE, IN
WRITING, THE  ADJUSTED  PAINT  STEWARDSHIP  ASSESSMENT  BEFORE  THE  NEW

A. 6199                             4

ASSESSMENT  CAN  BE  IMPLEMENTED.  ANY  PROPOSED  CHANGES  TO  THE PAINT
STEWARDSHIP ASSESSMENT SHALL BE SUBMITTED TO  THE  DEPARTMENT  NO  LATER
THAN SIXTY DAYS PRIOR TO THE DATE THE REPRESENTATIVE ORGANIZATION ANTIC-
IPATES THE ADJUSTED ASSESSMENT TO TAKE EFFECT.
  7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
  9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
  10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
PROGRAM ON ITS WEBSITE.
  11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
TION.
  (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
ERS  WITH  EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED  AT  THE  POINT  OF
SALE  TO  THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT  OPTIONS  FOR
ARCHITECTURAL  PAINT  OFFERED  THROUGH THE PAINT STEWARDSHIP PROGRAM AND
INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE  OPERATION  OF
SUCH  PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND SEVENTEEN, AND  ANNU-
ALLY  THEREAFTER,  THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT A REPORT
TO THE COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM  FOR  THE
PRIOR  YEAR'S  PROGRAM  FROM  JULY FIRST TO JUNE THIRTIETH.  SAID REPORT
SHALL INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH  (D)
OF THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
  (A)  A  DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING
COLLECTION  METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
PROGRAM'S COLLECTION CONVENIENCE;
  (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
  (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE  STATE
BY  METHOD  OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
OF PROCESSING OR DISPOSAL;

A. 6199                             5

  (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS  DETERMINED  BY  AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
  (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
  (F)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS OF
ARCHITECTURAL PAINT AND RETAILERS;
  (G) A 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
  (H) THE ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE  AMOUNT  OF
THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
ACCOUNT,  ESTABLISHED  PURSUANT  TO  SECTION  72-1009 OF THIS CHAPTER TO
COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
  14. THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS  NEEDED,
WHEN  THERE  ARE  CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW PLAN OR
AMENDMENT WILL BE  REQUIRED  TO  BE  SUBMITTED  TO  THE  DEPARTMENT  FOR
APPROVAL WHEN:
  (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
  (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
  (C)  THERE  IS  A  REVISION  OF THE PRODUCT STEWARDSHIP ORGANIZATION'S
GOALS; OR
  (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
  THE REPRESENTATIVE ORGANIZATION SHALL NOTIFY THE DEPARTMENT  ANNUALLY,
IN  WRITING,  IF  THERE  ARE  NO CHANGES PROPOSED TO THE PROGRAM AND THE
REPRESENTATIVE ORGANIZATION INTENDS TO CONTINUE  IMPLEMENTATION  OF  THE
PROGRAM AS PREVIOUSLY APPROVED BY THE DEPARTMENT.
S 27-2005. REGULATIONS.
  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED  TO PROMULGATE RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
THIS TITLE.
S 27-2007. REPORTING.
  NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND EIGHTEEN, AND BIENNIAL-
LY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE
AND THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE  PAINT
STEWARDSHIP  PROGRAM  AS  ENACTED  PURSUANT  TO THIS TITLE INCLUDING ANY
RECOMMENDATIONS TO IMPROVE THE FUNCTIONING AND EFFICIENCY OF  THE  PAINT
STEWARDSHIP PROGRAM, AS NECESSARY.
  S  2.  The  environmental  conservation law is amended by adding a new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
  1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER AFTER A HEARING OR  OPPORTUNITY  TO  BE  HEARD  PURSUANT  TO  THE
PROVISIONS  OF  SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE ASSESSED BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION TO ANY CIVIL PENALTIES, ANY PERSON, RETAILER  OR  MANUFACTURER,  AS
THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO  THE  COMMISSIONER  FOR  DEPOSIT TO THE ENVIRONMENTAL PROTECTION FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6199--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by M. of A. STIRPE, LUPARDO, BRONSON, SCHIMEL, LOPEZ, THIELE
  -- read once and referred to the Committee on Environmental  Conserva-
  tion  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the paint stewardship program

  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 20 to read as follows:
                                TITLE 20
                        PAINT STEWARDSHIP PROGRAM
SECTION 27-2001. DEFINITIONS.
        27-2003. PAINT STEWARDSHIP PROGRAM.
        27-2005. REGULATIONS.
        27-2007. REPORTING.
S 27-2001. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "ARCHITECTURAL PAINT" MEANS  INTERIOR  AND  EXTERIOR  ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2.  "DISTRIBUTOR"  MEANS  A PERSON THAT HAS A CONTRACTUAL RELATIONSHIP
WITH ONE OR MORE PRODUCERS TO MARKET AND  SELL  ARCHITECTURAL  PAINT  TO
RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
  3.  "ENVIRONMENTALLY  SOUND MANAGEMENT PRACTICES" MEANS PROCEDURES FOR
THE COLLECTION, STORAGE, TRANSPORTATION, REUSE, RECYCLING  AND  DISPOSAL
OF  ARCHITECTURAL  PAINT, TO BE IMPLEMENTED BY THE PRODUCER OR REPRESEN-
TATIVE ORGANIZATION OR  SUCH  REPRESENTATIVE  ORGANIZATION'S  CONTRACTED
PARTNERS  TO  ENSURE  COMPLIANCE  WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL LAWS, REGULATIONS AND  ORDINANCES  AND  THE  PROTECTION  OF  HUMAN
HEALTH  AND  THE ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05196-02-5

A. 6199--A                          2

INCLUDE, BUT ARE NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND  DOCU-
MENTING  OF THE FATE OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE STATE,
AND ENVIRONMENTAL LIABILITY COVERAGE FOR PROFESSIONAL SERVICES  AND  FOR
THE  OPERATIONS  OF THE CONTRACTORS WORKING ON BEHALF OF THE PRODUCER OR
REPRESENTATIVE ORGANIZATION.
  4. "PAINT STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED  TO  THE
PURCHASE  PRICE  OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS NECES-
SARY TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING  POST-
CONSUMER  PAINT  BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION PURSUANT
TO THE PAINT STEWARDSHIP PROGRAM.
  5.  "PAINT STEWARDSHIP PROGRAM" OR "PROGRAM" MEANS A PROGRAM  FOR  THE
MANAGEMENT  OF  POST-CONSUMER  PAINT OPERATED BY A PRODUCER OR REPRESEN-
TATIVE ORGANIZATION.
  6.  "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS  NOT  USED
AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
  7.  "PRODUCER"  MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS  TO  DISTRIBUTE  ARCHITECTURAL
PAINT IN THE STATE.
  8. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
THE  PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT OR
THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
  9.  "REPRESENTATIVE  ORGANIZATION"  MEANS  A  NONPROFIT   ORGANIZATION
CREATED   BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP  PROGRAM
DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
  10. "RETAILER" MEANS ANY PERSON WHO  OFFERS  ARCHITECTURAL  PAINT  FOR
SALE AT RETAIL IN THE STATE.
  11. "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.
  12. "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, AND REUSE.
S 27-2003. PAINT STEWARDSHIP PROGRAM.
  1. ON OR BEFORE MARCH FIRST, TWO THOUSAND SIXTEEN,  A  PRODUCER  OR  A
REPRESENTATIVE ORGANIZATION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF
A  PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM
SHALL MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF  POST-
CONSUMER  PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGO-
TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE,  RECYCLE,  AND/OR  BURN
FOR  ENERGY RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER
PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT  PRACTICES.    THE  PROGRAM
SHALL  MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-
CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGO-
TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST
FOR  ENERGY  RECOVERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING
PERMITTEES, POST-CONSUMER PAINT USING ENVIRONMENTALLY  SOUND  MANAGEMENT
PRACTICES.
  2.  THE  PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT  LEAST
ONE  PERMANENT  COLLECTION  SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN  THE  STATE;
AND  ONE  ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE  DEPART-

A. 6199--A                          3

MENT.  WHERE  A  PERMANENT  COLLECTION  SITE  CANNOT BE LOCATED WITHIN A
FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED  PLACE,
THE  PROGRAM  SHALL  PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
THE  PROGRAM  SHALL  NOT  CHARGE  A  FEE  TO THE CONSUMER AT THE TIME OF
COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
  3. THE PLAN SUBMITTED TO  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION
SHALL:
  (A)  IDENTIFY  EACH  PRODUCER  PARTICIPATING  IN THE PAINT STEWARDSHIP
PROGRAM AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE  COVERED
BY THE PROGRAM;
  (B)  IDENTIFY  HOW  THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION WILL
PROVIDE CONVENIENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
  (C) SET FORTH THE PROCESS BY WHICH  AN  INDEPENDENT  AUDITOR  WILL  BE
SELECTED  AND  IDENTIFY  THE  CRITERIA USED BY THE PRODUCER OR REPRESEN-
TATIVE ORGANIZATION IN SELECTING AN INDEPENDENT AUDITOR;
  (D) IDENTIFY, IN DETAIL, THE EDUCATIONAL  AND  OUTREACH  PROGRAM  THAT
WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
HOW TO PARTICIPATE;
  (E)  IDENTIFY,  IN  DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
  (F) INCLUDE THE PROPOSED, AUDITED PAINT ASSESSMENT  AS  IDENTIFIED  IN
THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
  (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
  (H)  INCLUDE  A DESCRIPTION OF THE INTENDED TREATMENT, STORAGE, TRANS-
PORTATION AND DISPOSAL OPTIONS AND METHODS FOR THE  COLLECTED  POST-CON-
SUMER PAINT; AND
  (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
EACH  PRODUCER,  OR  TEN  THOUSAND  DOLLARS FOR EACH PRODUCT STEWARDSHIP
ORGANIZATION TO BE DEPOSITED INTO THE ENVIRONMENTAL  REGULATORY  ACCOUNT
AS  ESTABLISHED  IN SECTION 72-1009 OF THIS CHAPTER, TO COVER THE REVIEW
OF SAID PLAN BY THE DEPARTMENT.
  4. THE COMMISSIONER SHALL APPROVE OR REJECT  A  PLAN  SUBMITTED  UNDER
THIS  SECTION  WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED, INFORM
THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRITING AS TO  ANY  DEFI-
CIENCIES  IN  SAID PLAN. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL
AMEND AND RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION  WITHIN  SIXTY
DAYS  OF  NOTIFICATION  OF  THE REJECTION OF SAID PLAN. THE COMMISSIONER
SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION.  A
PLAN  SHALL  BE  APPROVED  BY  THE COMMISSIONER IF IT MEETS THE REQUIRED
ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  5. NOT LATER THAN THREE MONTHS AFTER THE DATE THE  PLAN  IS  APPROVED,
THE  REPRESENTATIVE  ORGANIZATION  SHALL IMPLEMENT THE PAINT STEWARDSHIP
PROGRAM.
  6. ON OR BEFORE  MARCH  FIRST,  TWO  THOUSAND  SIXTEEN,  THE  PROPOSED
UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
ASSESSMENT  IS  CONSISTENT  WITH  THE  BUDGET  OF  THE PAINT STEWARDSHIP
PROGRAM DESCRIBED IN THIS SECTION  AND  THE  INDEPENDENT  AUDITOR  SHALL
RECOMMEND  AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART-
MENT. THE DEPARTMENT SHALL  APPROVE  THE  PAINT  STEWARDSHIP  ASSESSMENT
BASED  UPON  THE  INDEPENDENT AUDITOR'S RECOMMENDATION.   THE DEPARTMENT
SHALL BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP  ASSESS-
MENT  BASED  UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF THE PAINT
STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
THIS SECTION IS PROPOSED TO BE CHANGED, THE PRODUCER  OR  REPRESENTATIVE
ORGANIZATION  SHALL  SUBMIT  THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP

A. 6199--A                          4

ASSESSMENT TO AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH  REVIEW  HAS
BEEN COMPLETED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
THE  RESULTS  OF SAID AUDITOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT
STEWARDSHIP  ASSESSMENT  TO  THE  DEPARTMENT  FOR REVIEW. THE DEPARTMENT
SHALL REVIEW AND APPROVE, IN WRITING,  THE  ADJUSTED  PAINT  STEWARDSHIP
ASSESSMENT  BEFORE  THE  NEW ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED
CHANGES TO THE PAINT STEWARDSHIP ASSESSMENT SHALL BE  SUBMITTED  TO  THE
DEPARTMENT  NO  LATER  THAN SIXTY DAYS PRIOR TO THE DATE THE PRODUCER OR
REPRESENTATIVE ORGANIZATION ANTICIPATES THE ADJUSTED ASSESSMENT TO  TAKE
EFFECT.
  7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
  9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
  10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
PROGRAM ON ITS WEBSITE.
  11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
TION.
  (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
ERS  WITH  EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED  AT  THE  POINT  OF
SALE  TO  THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT  OPTIONS  FOR
ARCHITECTURAL  PAINT  OFFERED  THROUGH THE PAINT STEWARDSHIP PROGRAM AND
INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE  OPERATION  OF
SUCH  PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND SEVENTEEN, AND  ANNU-
ALLY THEREAFTER, EACH OPERATOR OF A PROGRAM SHALL SUBMIT A REPORT TO THE
COMMISSIONER  THAT  DETAILS  THE PAINT STEWARDSHIP PROGRAM FOR THE PRIOR
YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH.    SAID  REPORT  SHALL
INCLUDE  A  COPY  OF  THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH (D) OF
THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
  (A) A DETAILED DESCRIPTION OF THE METHODS USED TO  COLLECT,  TRANSPORT
AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING

A. 6199--A                          5

COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF  THE
PROGRAM'S COLLECTION CONVENIENCE;
  (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
  (C)  THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE STATE
BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND  OTHER  METHODS
OF PROCESSING OR DISPOSAL;
  (D)  THE  TOTAL  COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
  (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
  (F) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS  OF
ARCHITECTURAL PAINT AND RETAILERS;
  (G)  A  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
  (H)  THE  ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF
THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
ACCOUNT, ESTABLISHED PURSUANT TO SECTION  72-1009  OF  THIS  CHAPTER  TO
COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
  14.  THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED,
WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A  NEW  PLAN  OR
AMENDMENT  WILL  BE  REQUIRED  TO  BE  SUBMITTED  TO  THE DEPARTMENT FOR
APPROVAL WHEN:
  (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
  (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
  (C) THERE IS A REVISION  OF  THE  PRODUCT  STEWARDSHIP  ORGANIZATION'S
GOALS; OR
  (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
  THE OPERATOR OF THE PAINT STEWARDSHIP PROGRAM SHALL NOTIFY THE DEPART-
MENT  ANNUALLY,  IN  WRITING,  IF  THERE  ARE NO CHANGES PROPOSED TO THE
PROGRAM AND THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  INTENDS  TO
CONTINUE  IMPLEMENTATION  OF  THE  PROGRAM AS PREVIOUSLY APPROVED BY THE
DEPARTMENT.
S 27-2005. REGULATIONS.
  THE DEPARTMENT IS HEREBY AUTHORIZED  TO  PROMULGATE  RULES  AND  REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
THIS TITLE.
S 27-2007. REPORTING.
  NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND EIGHTEEN, AND BIENNIAL-
LY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE
AND  THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE PAINT
STEWARDSHIP PROGRAM AS ENACTED PURSUANT  TO  THIS  TITLE  INCLUDING  ANY
RECOMMENDATIONS  TO  IMPROVE THE FUNCTIONING AND EFFICIENCY OF THE PAINT
STEWARDSHIP PROGRAM, AS NECESSARY.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
  1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE  ASSESSED  BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION  TO  ANY  CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.

A. 6199--A                          6

  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6199--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced by M. of A. STIRPE, LUPARDO, BRONSON, SCHIMEL, LOPEZ, THIELE,
  GOTTFRIED, ROSENTHAL -- Multi-Sponsored by -- M. of A. CERETTO -- read
  once  and  referred  to the Committee on Environmental Conservation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Envi-
  ronmental  Conservation  in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the paint stewardship program

  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 20 to read as follows:
                                TITLE 20
                        PAINT STEWARDSHIP PROGRAM
SECTION 27-2001. DEFINITIONS.
        27-2003. PAINT STEWARDSHIP PROGRAM.
        27-2005. REGULATIONS.
        27-2007. REPORTING.
S 27-2001. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2. "DISTRIBUTOR" MEANS A PERSON THAT HAS  A  CONTRACTUAL  RELATIONSHIP
WITH  ONE  OR  MORE  PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05196-07-6

A. 6199--C                          2

  3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS  PROCEDURES  FOR
THE  COLLECTION,  STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE PRODUCER  OR  REPRESEN-
TATIVE  ORGANIZATION  OR  SUCH  REPRESENTATIVE ORGANIZATION'S CONTRACTED
PARTNERS  TO  ENSURE  COMPLIANCE  WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL LAWS, REGULATIONS AND  ORDINANCES  AND  THE  PROTECTION  OF  HUMAN
HEALTH  AND  THE ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES
INCLUDE, BUT ARE NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND  DOCU-
MENTING  OF THE FATE OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE STATE,
AND ENVIRONMENTAL LIABILITY COVERAGE FOR PROFESSIONAL SERVICES  AND  FOR
THE  OPERATIONS  OF THE CONTRACTORS WORKING ON BEHALF OF THE PRODUCER OR
REPRESENTATIVE ORGANIZATION.
  4. "PAINT STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED  TO  THE
PURCHASE  PRICE  OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS NECES-
SARY TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING  POST-
CONSUMER  PAINT  BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION PURSUANT
TO THE PAINT STEWARDSHIP PROGRAM.
  5.  "PAINT STEWARDSHIP PROGRAM" OR "PROGRAM" MEANS A PROGRAM  FOR  THE
MANAGEMENT  OF  POST-CONSUMER  PAINT OPERATED BY A PRODUCER OR REPRESEN-
TATIVE ORGANIZATION.
  6.  "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS  NOT  USED
AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
  7.  "PRODUCER"  MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS  TO  DISTRIBUTE  ARCHITECTURAL
PAINT IN THE STATE.
  8. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
THE  PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT OR
THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
  9.  "REPRESENTATIVE  ORGANIZATION"  MEANS  A  NONPROFIT   ORGANIZATION
CREATED   BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP  PROGRAM
DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
  10. "RETAILER" MEANS ANY PERSON WHO  OFFERS  ARCHITECTURAL  PAINT  FOR
SALE AT RETAIL IN THE STATE.
  11. "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.
  12. "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, AND REUSE.
S 27-2003. PAINT STEWARDSHIP PROGRAM.
  1. ON OR BEFORE MARCH FIRST, TWO THOUSAND SEVENTEEN, A PRODUCER  OR  A
REPRESENTATIVE ORGANIZATION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF
A  PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM
SHALL MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF  POST-
CONSUMER  PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGO-
TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE,  RECYCLE,  AND/OR  BURN
FOR  ENERGY RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER
PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT  PRACTICES.    THE  PROGRAM
SHALL  MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-
CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGO-
TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST
FOR  ENERGY  RECOVERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING

A. 6199--C                          3

PERMITTEES, POST-CONSUMER PAINT USING ENVIRONMENTALLY  SOUND  MANAGEMENT
PRACTICES.
  2.  THE  PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT  LEAST
ONE  PERMANENT  COLLECTION  SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN  THE  STATE;
AND  ONE  ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE  DEPART-
MENT.  WHERE  A  PERMANENT  COLLECTION  SITE  CANNOT BE LOCATED WITHIN A
FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED  PLACE,
THE  PROGRAM  SHALL  PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
THE PROGRAM SHALL NOT CHARGE A FEE  TO  THE  CONSUMER  AT  THE  TIME  OF
COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
  3.  THE  PLAN  SUBMITTED  TO  THE  DEPARTMENT PURSUANT TO THIS SECTION
SHALL:
  (A) IDENTIFY EACH PRODUCER  PARTICIPATING  IN  THE  PAINT  STEWARDSHIP
PROGRAM  AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED
BY THE PROGRAM;
  (B) IDENTIFY HOW THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  WILL
PROVIDE CONVENIENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
  (C)  SET  FORTH  THE  PROCESS  BY WHICH AN INDEPENDENT AUDITOR WILL BE
SELECTED AND IDENTIFY THE CRITERIA USED BY  THE  PRODUCER  OR  REPRESEN-
TATIVE ORGANIZATION IN SELECTING AN INDEPENDENT AUDITOR;
  (D)  IDENTIFY,  IN  DETAIL,  THE EDUCATIONAL AND OUTREACH PROGRAM THAT
WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
HOW TO PARTICIPATE;
  (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS  FOR  INTERACTING  WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
  (F)  INCLUDE  THE  PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN
THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
  (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
  (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT,  STORAGE,  TRANS-
PORTATION  AND  DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON-
SUMER PAINT; AND
  (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
EACH PRODUCER, OR TEN THOUSAND  DOLLARS  FOR  EACH  PRODUCT  STEWARDSHIP
ORGANIZATION  TO  BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT
AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER  THE  REVIEW
OF SAID PLAN BY THE DEPARTMENT.
  4.  THE  COMMISSIONER  SHALL  APPROVE OR REJECT A PLAN SUBMITTED UNDER
THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF  REJECTED,  INFORM
THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION IN WRITING AS TO ANY DEFI-
CIENCIES IN SAID PLAN. A PRODUCER OR REPRESENTATIVE  ORGANIZATION  SHALL
AMEND  AND  RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION WITHIN SIXTY
DAYS OF NOTIFICATION OF THE REJECTION OF  SAID  PLAN.  THE  COMMISSIONER
SHALL  APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION. A
PLAN SHALL BE APPROVED BY THE COMMISSIONER  IF  IT  MEETS  THE  REQUIRED
ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  5.  NOT  LATER  THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED,
THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT  THE  PAINT  STEWARDSHIP
PROGRAM.
  6.  ON  OR  BEFORE  MARCH  FIRST, TWO THOUSAND SEVENTEEN, THE PROPOSED
UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
ASSESSMENT IS CONSISTENT  WITH  THE  BUDGET  OF  THE  PAINT  STEWARDSHIP
PROGRAM  DESCRIBED  IN  THIS  SECTION  AND THE INDEPENDENT AUDITOR SHALL

A. 6199--C                          4

RECOMMEND AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE  DEPART-
MENT.  THE  DEPARTMENT  SHALL  APPROVE  THE PAINT STEWARDSHIP ASSESSMENT
BASED UPON THE INDEPENDENT AUDITOR'S  RECOMMENDATION.    THE  DEPARTMENT
SHALL  BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS-
MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF  THE  PAINT
STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
THIS  SECTION  IS PROPOSED TO BE CHANGED, THE PRODUCER OR REPRESENTATIVE
ORGANIZATION SHALL SUBMIT THE NEW, ADJUSTED  UNIFORM  PAINT  STEWARDSHIP
ASSESSMENT  TO  AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS
BEEN COMPLETED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
THE RESULTS OF SAID AUDITOR'S REVIEW AND A PROPOSAL TO AMEND  THE  PAINT
STEWARDSHIP  ASSESSMENT  TO  THE  DEPARTMENT  FOR REVIEW. THE DEPARTMENT
SHALL REVIEW AND APPROVE, IN WRITING,  THE  ADJUSTED  PAINT  STEWARDSHIP
ASSESSMENT  BEFORE  THE  NEW ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED
CHANGES TO THE PAINT STEWARDSHIP ASSESSMENT SHALL BE  SUBMITTED  TO  THE
DEPARTMENT  NO  LATER  THAN SIXTY DAYS PRIOR TO THE DATE THE PRODUCER OR
REPRESENTATIVE ORGANIZATION ANTICIPATES THE ADJUSTED ASSESSMENT TO  TAKE
EFFECT.
  7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
  9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
  10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
PROGRAM ON ITS WEBSITE.
  11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
TION.
  (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A RETAILER CARRYING
OUT DUTIES OR RESPONSIBILITIES IMPOSED BY  THIS  TITLE  SHALL  INCUR  NO
CIVIL  LIABILITY  OR  PENALTY  OF  ANY SORT UNLESS IT IS DETERMINED BY A
COURT OF COMPETENT JURISDICTION THAT SUCH RETAILER HAS ACTED IN A GROSS-
LY NEGLIGENT MANNER IN THE TRANSPORT OR STORAGE OF PAINT AND/OR ALTERING
THE CONTENTS OF A RETURNED PAINT CONTAINER.
  12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
ERS WITH EDUCATIONAL MATERIALS REGARDING THE PAINT  STEWARDSHIP  ASSESS-
MENT  AND  PAINT  STEWARDSHIP  PROGRAM TO BE DISTRIBUTED AT THE POINT OF

A. 6199--C                          5

SALE TO THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT  BE  LIMITED
TO,  INFORMATION  REGARDING AVAILABLE END-OF-LIFE MANAGEMENT OPTIONS FOR
ARCHITECTURAL PAINT OFFERED THROUGH THE PAINT  STEWARDSHIP  PROGRAM  AND
INFORMATION  THAT  NOTIFIES CONSUMERS THAT A CHARGE FOR THE OPERATION OF
SUCH PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF  ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND EIGHTEEN, AND ANNUAL-
LY  THEREAFTER,  EACH OPERATOR OF A PROGRAM SHALL SUBMIT A REPORT TO THE
COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM  FOR  THE  PRIOR
YEAR'S  PROGRAM  FROM  JULY  FIRST TO JUNE THIRTIETH.  SAID REPORT SHALL
INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED  IN  PARAGRAPH  (D)  OF
THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
  (A)  A  DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING
COLLECTION  METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
PROGRAM'S COLLECTION CONVENIENCE;
  (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
  (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE  STATE
BY  METHOD  OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
OF PROCESSING OR DISPOSAL;
  (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS  DETERMINED  BY  AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
  (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
  (F)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS OF
ARCHITECTURAL PAINT AND RETAILERS;
  (G) A 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
  (H) THE ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE  AMOUNT  OF
THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
ACCOUNT,  ESTABLISHED  PURSUANT  TO  SECTION  72-1009 OF THIS CHAPTER TO
COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
  14. THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS  NEEDED,
WHEN  THERE  ARE  CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW PLAN OR
AMENDMENT WILL BE  REQUIRED  TO  BE  SUBMITTED  TO  THE  DEPARTMENT  FOR
APPROVAL WHEN:
  (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
  (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
  (C)  THERE  IS  A  REVISION  OF THE PRODUCT STEWARDSHIP ORGANIZATION'S
GOALS; OR
  (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
  THE OPERATOR OF THE PAINT STEWARDSHIP PROGRAM SHALL NOTIFY THE DEPART-
MENT ANNUALLY, IN WRITING, IF THERE  ARE  NO  CHANGES  PROPOSED  TO  THE
PROGRAM  AND  THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION INTENDS TO
CONTINUE IMPLEMENTATION OF THE PROGRAM AS  PREVIOUSLY  APPROVED  BY  THE
DEPARTMENT.
S 27-2005. REGULATIONS.
  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED  TO PROMULGATE RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
THIS TITLE.
S 27-2007. REPORTING.
  NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND NINETEEN, AND BIENNIAL-
LY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE
AND THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE  PAINT
STEWARDSHIP  PROGRAM  AS  ENACTED  PURSUANT  TO THIS TITLE INCLUDING ANY

A. 6199--C                          6

RECOMMENDATIONS TO IMPROVE THE FUNCTIONING AND EFFICIENCY OF  THE  PAINT
STEWARDSHIP PROGRAM, AS NECESSARY.
  S  2.  The  environmental  conservation law is amended by adding a new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
  1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER AFTER A HEARING OR  OPPORTUNITY  TO  BE  HEARD  PURSUANT  TO  THE
PROVISIONS  OF  SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE ASSESSED BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION TO ANY CIVIL PENALTIES, ANY RETAILER OR PRODUCER,  AS  THOSE  TERMS
ARE  DEFINED  IN SECTION 27-2001 OF THIS CHAPTER, MAY BY SIMILAR PROCESS
BE ENJOINED FROM CONTINUING SUCH VIOLATION.
  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.