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S03217 Summary:

BILL NOS03217B
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Add Art 27 Title 34 §§27-3401 - 27-3423, amd §71-1701, En Con L; add §97-uuuu, St Fin L
 
Establishes extended producer responsibility for textiles; requires a producer, either individually or cooperatively in a group or with a representative organization to submit to the department of environmental conservation a plan for the establishment of a collection program for textile covered products.
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S03217 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3217--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- 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 and the state finance
          law,  in relation to establishing extended producer responsibility for
          textiles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 34 to read as follows:
     3                                  TITLE 34
     4                EXTENDED PRODUCER RESPONSIBILITY FOR TEXTILES
     5  Section 27-3401. Definitions.
     6          27-3403. Textile disposal ban.
     7          27-3405. Producer plan.
     8          27-3407. Producer responsibilities.
     9          27-3409. Retailer, distributor and wholesaler responsibilities.
    10          27-3411. Department responsibilities.
    11          27-3413. Labeling requirements.
    12          27-3415. Textile stewardship advisory board.
    13          27-3417. Post-consumer requirements.
    14          27-3419. Enforcement and penalties.
    15          27-3421.  Limits of liability for antitrust, restraint of trade,
    16                      or unfair trade practices.
    17          27-3423. Rules and regulations.
    18  § 27-3401. Definitions.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06967-07-6

        S. 3217--B                          2
 
     1    For the purposes of this title, the following  terms  shall  have  the
     2  following meanings:
     3    1.  "Apparel"  means clothing and accessory items intended for regular
     4  wear or formal occasions, including, but not limited to,  undergarments,
     5  shirts,  pants,  skirts,  dresses, overalls, bodysuits, costumes, vests,
     6  dancewear, suits, saris, scarves, tops, leggings, school uniforms, leis-
     7  urewear, athletic wear, sports uniforms, everyday swimwear, formal wear,
     8  onesies, bibs, diapers, footwear, and everyday  uniforms  for  workwear.
     9  Clothing  items  intended  for regular wear or formal occasions does not
    10  include personal protective equipment or clothing  items  for  exclusive
    11  use by the United States military.
    12    2.  "Brand"  means  a trademark, including both a registered trademark
    13  and an unregistered trademark, a logo, a name,  a  symbol,  a  word,  an
    14  identifier,  or  a  traceable mark that identifies a covered textile and
    15  identifies the owner or licensee of the brand.
    16    3. "Collection program" or "program"  means  a  program  financed  and
    17  implemented  by  producers,  either individually, or through a represen-
    18  tative organization, that provides for,  but  is  not  limited  to,  the
    19  collection, transportation, reuse, recycling, proper end-of-life manage-
    20  ment, or an appropriate combination thereof, or discarded products.
    21    4.  "Collection site" means a permanent location in the state at which
    22  discarded products may be returned by a consumer. Collection sites shall
    23  accept all types of discarded products as defined by this title  regard-
    24  less of brand.
    25    5. "Consumer" means a person located in the state who purchases, owns,
    26  leases,  or uses covered products, including but not limited to an indi-
    27  vidual, a business,  corporation,  limited  partnership,  not-for-profit
    28  corporation,  the  state,  a  public  corporation, public school, school
    29  district, private or parochial school or  board  of  cooperative  educa-
    30  tional services or governmental entity.
    31    6.  "Covered  product"  means any product that is a textile or textile
    32  article, as defined in this section.
    33    7. "Discarded product" means a covered product  that  a  consumer  has
    34  used and disposed of in the state and is no longer used for its manufac-
    35  tured purpose.
    36    8.  "Distributor" or "wholesaler" means a person who buys or otherwise
    37  acquires a covered product and sells or offers to sell such  product  to
    38  retailers in this state.
    39    9.  "Energy  recovery"  means the process by which all or a portion of
    40  solid waste materials are processed or combusted in order to utilize the
    41  heat content or other forms of energy  derived  from  such  solid  waste
    42  materials.
    43    10.  "Producer"  means  any  person who manufactures a covered product
    44  that is sold, offered for sale, or distributed in this state  under  the
    45  manufacturer's own name or brand.  "Producer" includes:
    46    (a) the owner of a trademark or brand under which a covered product is
    47  sold,  offered  for  sale,  or distributed in this state, whether or not
    48  such trademark or brand is registered in the state; and
    49    (b) any person who imports a covered product into  the  United  States
    50  that  is  sold or offered for sale in the state and that is manufactured
    51  by a person who does not have a presence in the United States.
    52    11. "Recycling" or "recycle" means to separate, dismantle  or  process
    53  the  materials, components, or commodities contained in covered products
    54  for the purpose of preparing the materials,  components  or  commodities
    55  for use or reuse in new products or components. "Recycling" or "recycle"
    56  does not include: (a) energy recovery or energy generation by any means,

        S. 3217--B                          3
 
     1  including but not limited to, combustion, incineration, pyrolysis, gasi-
     2  fication,  solvolysis,  or  waste  to  fuel; (b) any chemical conversion
     3  process; or (c) landfill disposal.
     4    12. "Recycling rate" means the percentage of discarded product that is
     5  managed  through  recycling  or  reuse, as defined by this title, and is
     6  computed  by  dividing  the  amount  of  recycled  output  derived  from
     7  collected  covered  product, plus any pounds sent for reuse by the esti-
     8  mated total of discarded product generated during a program year.
     9    13. "Representative organization" means a not-for-profit  organization
    10  established  by  a  producer  or  a  group  of  producers to implement a
    11  collection program.
    12    14. "Retailer" means any person who sells or offers for sale a covered
    13  product to a consumer in the state.
    14    15. "Reuse" means the return of a product into the economic stream for
    15  use in the same kind  of  application  as  the  product  was  originally
    16  intended to be used, without a change in the product's identity.
    17    16.  "Sale" or "sell" means any transfer for consideration of title or
    18  the right to use, from a manufacturer or retailer to a  person,  includ-
    19  ing,  but  not  limited  to,  transactions conducted through retail sale
    20  outlets, catalogs, mail, the telephone, the internet, or any  electronic
    21  means; "sale" or "sell" shall not include donations or reuse.
    22    17.  "Textile"  means  any item made in whole or in part from natural,
    23  manmade, or synthetic fiber, yarn, or fabric, and includes, but  is  not
    24  limited  to, leather, cotton, silk, jute, hemp, wool, viscose, nylon, or
    25  polyester. "Textile" does not include disposable hygiene  products  made
    26  from paper, including, but not limited to, toilet paper, paper towels or
    27  tissues, or disposable absorbent hygiene products.
    28    18.  "Textile articles" means textile goods of a type customarily used
    29  in households and businesses, and  includes,  but  is  not  limited  to,
    30  apparel,  accessories,  handbags, backpacks, draperies, shower curtains,
    31  furnishings,  upholstery,  bedding  towels,  napkins,  and  tablecloths.
    32  "Textile  articles" does not include: (a) carpets and rugs as defined in
    33  title thirty-three of this article; (b) treatments containing  polyfluo-
    34  roalkyl  for  use on converted textiles or leathers; (c) component parts
    35  from a vehicle, as defined in section  one  hundred  fifty-nine  of  the
    36  vehicle  and  traffic law, such as seats and carpets or synthetic floor-
    37  ing; (d) component parts from a vessel, as defined in section two of the
    38  navigation law, such as seats, synthetic flooring, and boat covers;  (e)
    39  filtration  media  and  filter products used in industrial applications,
    40  including, but not limited to, chemical or pharmaceutical  manufacturing
    41  and  environmental control technologies; (f) textile articles used in or
    42  for laboratory  analysis  and  testing;  (g)  component  parts  from  an
    43  aircraft,  as  defined in section two hundred forty of the general busi-
    44  ness law; or (h) stadium shades, architectural fabric structures, or any
    45  permanent fabric structure that is intrinsic to a building's  design  or
    46  construction.
    47  § 27-3403. Textile disposal ban.
    48    1.  Beginning  three  years  from the effective date of this title, no
    49  person shall knowingly dispose of any textile  as  solid  waste  in  the
    50  state at any time.
    51    2.  Beginning  six  months  from  the effective date of this title, no
    52  retailer, distributor, wholesaler, manufacturer, or owner or operator of
    53  a textile collection site,  textile  waste  consolidation  facility,  or
    54  textile  waste  recycling facility in the state shall dispose of textile
    55  waste at a solid waste management facility or hazardous waste management
    56  facility, or place textile waste for collection which  is  intended  for

        S. 3217--B                          4
 
     1  disposal at a solid waste management facility or hazardous waste manage-
     2  ment facility.
     3    3.  Beginning  two  years  from  the  effective date of this title, no
     4  person, except for an individual or household, shall place or dispose of
     5  any textile waste in any  solid  waste  management  facility,  or  place
     6  textile  waste  for collection which is intended for disposal at a solid
     7  waste management facility or hazardous waste management facility in this
     8  state.  Persons engaged in the collection of solid waste for delivery to
     9  a solid waste management facility shall provide written  information  to
    10  users  of  such  facility  on  the  proper  methods for the recycling of
    11  textile waste.
    12    4. Beginning three years from the effective date  of  this  title,  no
    13  individual  or  household  shall  place or dispose of any textile waste,
    14  that exceeds an amount as determined by the  department,  in  any  solid
    15  waste  management  facility, or place textile waste for collection which
    16  is intended for disposal at a solid waste management facility or hazard-
    17  ous waste management facility in this state.
    18    5. Beginning two years from the effective date of this title, an owner
    19  or operator of a solid waste  management  facility  or  hazardous  waste
    20  management  facility  shall educate users of such facility on the proper
    21  methods for the  management  of  textile  waste.  Such  education  shall
    22  include:
    23    (a)  providing  written  information  to users of such facility on the
    24  proper methods for recycling of textile waste; and
    25    (b) posting, in conspicuous locations at such facility, signs  stating
    26  that textile waste may not be disposed of at the facility.
    27  § 27-3405. Producer plan.
    28    1.  No  later  than  eighteen  months after the effective date of this
    29  title, a producer, either individually or cooperatively in a group  with
    30  one  or  more  producers  or  with  a representative organization, shall
    31  submit to the department for the department's approval a  plan  for  the
    32  establishment of a collection program that meets the requirements of the
    33  program described in this section.
    34    2.  A  producer may satisfy the collection program requirement of this
    35  section by agreeing to participate collectively with a  group  of  other
    36  producers  or  with  a  representative  organization.  Any such producer
    37  participating collectively in a  collection  program  shall  notify  the
    38  department of such participation.
    39    3. A producer or representative organization shall update the plan, as
    40  needed,  when  there  are changes proposed to the current program. A new
    41  plan or amendment shall be required to be submitted  to  the  department
    42  for approval when:
    43    (a) there is a revision of the program's goals; or
    44    (b) every three years from the date of approval of a previous plan.
    45    4.  The  plan submitted by the producer or representative organization
    46  to the department under this section shall, at a minimum:
    47    (a) provide a list of each participating producer and brand covered by
    48  the program;
    49    (b) provide information on the products covered by the program;
    50    (c) describe how the  producer  or  representative  organization  will
    51  collect, transport, recycle, and process covered products;
    52    (d)  describe  how  the  program  will  provide  for the collection of
    53  covered products in the state, free of cost and in a  manner  convenient
    54  to  consumers,  including  how the program will achieve, at a minimum, a
    55  convenience standard that ensures that all counties of the state and all
    56  municipalities that have a population of ten thousand or greater have at

        S. 3217--B                          5
 
     1  least  one  permanent  collection  site  and  one  additional  permanent
     2  collection site for every thirty thousand people located in those areas,
     3  that  accepts  covered  products  from  consumers during normal business
     4  hours;  however,  with  respect  to  a  city  having a population of one
     5  million or more, after consultation with the department of sanitation of
     6  such city, the department may otherwise establish an alternative conven-
     7  ience standard. The producer or representative organization may  coordi-
     8  nate the program with existing municipal waste collection infrastructure
     9  as  is  mutually  agreeable. Convenience standards shall be evaluated by
    10  the department periodically and the department  may  require  additional
    11  collection locations to ensure adequate consumer convenience;
    12    (e)  describe  how  the  discarded covered products will be safely and
    13  securely transported, tracked, and handled from collection sites through
    14  final recycling and processing;
    15    (f) describe the methods to be used  to  reuse  or  recycle  discarded
    16  covered  products to ensure that the components, to the extent feasible,
    17  are transformed or remanufactured into finished products for use;
    18    (g) describe the methods to be used to manage or dispose of  discarded
    19  products that cannot be recycled or reused;
    20    (h)  describe  in  detail  education  and  outreach  efforts to inform
    21  consumers and others engaged in  the  management  of  discarded  covered
    22  products about the program, including, at a minimum, an internet website
    23  and a toll-free telephone number and written information included at the
    24  time of sale of covered products that provides sufficient information to
    25  allow  a  consumer  to  learn  how  to  return such covered products for
    26  disposal, recycling or reuse;
    27    (i) describe how the program will meet annual  performance  goals,  as
    28  determined  by  the  department, provided that at a minimum, the program
    29  shall achieve the following recycling rates for textiles:
    30    (i) a thirty percent recycling rate for textiles by five  years  after
    31  the  plan  is  approved by the department pursuant to section 27-3411 of
    32  this title;
    33    (ii) a fifty percent recycling rate for textiles by  ten  years  after
    34  the  plan  is  approved by the department pursuant to section 27-3411 of
    35  this title;
    36    (iii) a seventy-five percent recycling rate for  textiles  by  fifteen
    37  years  after  the plan is approved by the department pursuant to section
    38  27-3411 of this title.
    39    (j) describe what, if  any,  incentives  will  be  used  to  encourage
    40  retailer participation;
    41    (k)  describe  the outreach and education methods that will be used to
    42  encourage municipal landfill and transfer station participation;
    43    (l) describe the methods to be used  to  reuse  or  recycle  discarded
    44  covered products;
    45    (m)  describe  what,  if  any,  incentives  will  be used to encourage
    46  retailer participation;
    47    (n) estimate the amounts of  covered  products  that  were  previously
    48  sold,  offered  for sale, or distributed in the state under each produc-
    49  er's name or brand that are discarded in the state annually and describe
    50  the sources of data and methodology for estimating such amount; and
    51    (o) any other information as specified by the department.
    52  § 27-3407. Producer responsibilities.
    53    1. Beginning no later than twenty-four months after the effective date
    54  of this title, the producer or representative organization shall  imple-
    55  ment  a collection program utilizing collection sites established pursu-

        S. 3217--B                          6
 
     1  ant to paragraph (d) of subdivision four  of  section  27-3405  of  this
     2  title.
     3    2.  A  producer shall not sell, or offer for sale, covered products to
     4  any person in the state unless the producer is implementing  or  partic-
     5  ipating under an approved plan.
     6    3.  The  collection program shall be free to the consumer, convenient,
     7  and adequate to serve the needs of such consumers in all  areas  of  the
     8  state on an ongoing basis.
     9    4.  A  producer  or representative organization shall maintain records
    10  demonstrating compliance with the provisions of this title and make them
    11  available for audit and inspection by the department  for  a  period  of
    12  three  years.  The  department  shall make such records available to the
    13  public upon request in accordance with the provisions of the state free-
    14  dom of information  law  and  the  regulations  promulgated  thereunder.
    15  Record  holders  shall  submit  the records required to comply with such
    16  request within sixty working days of written notification by the depart-
    17  ment of receipt of the request.
    18    5. A producer or representative organization shall be responsible  for
    19  all  costs associated with the implementation of the collection program,
    20  including but not limited to the  cost  of  collection.  A  producer  or
    21  representative  organization  shall pay costs incurred by the department
    22  in the administration and enforcement of this title. Exclusive of  fines
    23  and  penalties,  the department shall only be reimbursed its actual cost
    24  of administration and enforcement.
    25    6. Any person who becomes a producer on or after two  years  from  the
    26  effective  date  of this title shall submit a plan to the department, or
    27  notify the department that it has joined  an  existing  plan,  prior  to
    28  selling or offering for sale in the state any covered products and shall
    29  comply with the requirements of this title.
    30    7. Within eighteen months following approval of the producer plan, and
    31  annually  thereafter,  a  producer  or representative organization shall
    32  submit a report to  the  department  that  includes,  for  the  previous
    33  program year, a description of the program including, but not limited to
    34  the following:
    35    (a)  a detailed description of the methods used to collect, transport,
    36  and process covered products in the state, including collection  methods
    37  made   available  to  consumers  and  an  evaluation  of  the  program's
    38  collection convenience;
    39    (b) identification of all collection sites in the state;
    40    (c) the estimated weight of all discarded covered  products  collected
    41  and reused or recycled pursuant to the collection program;
    42    (d) an evaluation of whether the performance goals and recycling rates
    43  have  been  achieved and a description of any modifications necessary to
    44  achieve such goals;
    45    (e) the estimated weight of discarded covered products and any  compo-
    46  nent  materials  that were collected pursuant to the collection program,
    47  but not recycled;
    48    (f) the total cost of implementing the program;
    49    (g) samples of all educational materials provided to consumers  and  a
    50  detailed list of efforts undertaken and an evaluation of methods used to
    51  disseminate  such  materials  including recommendations, if any, for how
    52  the educational component of the program can be improved; and
    53    (h) any other information required by the department.
    54    8. (a) A producer or the representative  organization  that  organizes
    55  the  collection,  transport  and  processing  of covered products, in an
    56  action solely to increase the recycling of covered products by a produc-

        S. 3217--B                          7
 
     1  er, representative organization, or tailor that affects  the  types  and
     2  quantities  being  recycled  or  the  cost  and  structure of any return
     3  program shall not be liable for any claim of a violation  of  antitrust,
     4  restraint  of trade or unfair trade practice arising from conduct under-
     5  taken in accordance with the program pursuant to this section.
     6    (b) Notwithstanding any contrary provision of this section,  paragraph
     7  (a) of this subdivision shall not apply to any agreement establishing or
     8  affecting  the  price of covered products sold to consumers in the state
     9  or the output  or  production  of  covered  products  or  any  agreement
    10  restricting  the  geographic area or customers to which covered products
    11  will be sold.
    12  § 27-3409. Retailer, distributor and wholesaler responsibilities.
    13    1. Beginning thirty months after the effective date of this title,  no
    14  retailer,  distributor, or wholesaler may sell or offer for sale covered
    15  products in the state unless the producer of  such  covered  product  is
    16  participating in a collection program. A retailer, distributor or whole-
    17  saler,  shall  be  in  compliance  with this section if, on the date the
    18  covered products are offered for sale, the producer  is  listed  on  the
    19  department's  website  as  implementing  or participating in an approved
    20  collection program or if the covered products brand  is  listed  on  the
    21  department's website as being included in the program.
    22    2.  Any  retailer,  distributor,  or  wholesaler may participate, on a
    23  voluntary  basis,  as  a  designated  collections  site  pursuant  to  a
    24  collection  program and in accordance with all applicable laws and regu-
    25  lations.
    26  § 27-3411. Department responsibilities.
    27    1. The department shall (a) maintain  a  list  of  producers  who  are
    28  implementing or participating pursuant to section 27-3405 of this title,
    29  (b)  maintain  a list of such producer's brands, and (c) post such lists
    30  on the department's website.
    31    2. Beginning thirty months after the effective date of this title, the
    32  department shall post on its website  the  location  of  all  collection
    33  sites  identified  to  the  department  by the producer in its plans and
    34  annual reports.
    35    3. The department  shall  post  on  its  website  each  producer  plan
    36  approved by the department.
    37    4.  Within ninety days after receipt of a proposed plan or plan amend-
    38  ment, the department shall approve or reject the plan or plan amendment.
    39  If the plan or plan amendment is approved, the department  shall  notify
    40  the  producer  or representative organization in writing. If the depart-
    41  ment rejects the plan or plan amendment, the department shall notify the
    42  producer or representative organization in writing  stating  the  reason
    43  for  rejecting  the plan or plan amendment. A producer or representative
    44  organization whose plan is rejected shall submit a revised plan  to  the
    45  department within thirty days of receiving a notice of rejection. If the
    46  department rejects the subsequent proposal, the producer or producers at
    47  issue shall be out of compliance and subject to enforcement provisions.
    48    5.  The  department shall submit a report regarding the implementation
    49  of this title to the governor and legislature by  no  later  than  three
    50  years  after the effective date of this title and every year thereafter.
    51  The report shall include, at minimum, an evaluation of:
    52    (a) the stream of covered products in the state;
    53    (b)  disposal,  recycling,  and  reuse  rates  in  the  state  covered
    54  products;
    55    (c) a discussion of compliance and enforcement related to the require-
    56  ments of this title; and

        S. 3217--B                          8
 
     1    (d) recommendations for any changes to this title.
     2  § 27-3413. Labeling requirements.
     3    One  year  after  the  plan  is approved by the department pursuant to
     4  section 27-3411 of this title, covered products sold or offered for sale
     5  in the state shall be accompanied by the name of the  producer  and  the
     6  producer's contact information.
     7  § 27-3415. Textile stewardship advisory board.
     8    1.  There  is  hereby  established  within  the  department  a textile
     9  collection program advisory board to make recommendations to the commis-
    10  sioner regarding program operator plans required by this title.
    11    2. The board shall be composed of twelve voting members. Such  members
    12  shall include:
    13    (a) one representative of textile producers;
    14    (b) two representatives of textile retailers;
    15    (c) one representative of textile recyclers;
    16    (d) two representatives of textile collectors;
    17    (e)  one  representative  of a company that utilizes discarded covered
    18  products to manufacture a new product;
    19    (f) one representative from a statewide environmental organization;
    20    (g) one representative from a statewide waste disposal association;
    21    (h) one representative from the New York product stewardship council;
    22    (i) one representative from a consumer organization; and
    23    (j) one representative from a statewide recycling organization.
    24    3. The members shall be appointed as follows:
    25    (a) two members to be appointed by  the  temporary  president  of  the
    26  senate;
    27    (b) two members to be appointed by the speaker of the assembly;
    28    (c) one member to be appointed by the minority leader of the senate;
    29    (d) one member to be appointed by the minority leader of the assembly;
    30  and
    31    (e) six members to be appointed by the governor.
    32    4.  Such  appointments  shall  be  made no later than the first day of
    33  January following the date on which this title takes effect. The members
    34  shall designate a chair from among the members by majority  vote.  Board
    35  members  shall  receive  no  compensation but shall be entitled to their
    36  necessary and actual expenses incurred in the performance of their board
    37  duties.
    38    5. The board shall meet at least biannually by call of the chair.
    39  § 27-3417. Post-consumer requirements.
    40    All covered products sold in the state shall be manufactured with  the
    41  following minimum amounts from post-consumer sources:
    42    1. Within one year after the plan is approved by the department pursu-
    43  ant to section 27-3411 of this title, a minimum of ten percent post-con-
    44  sumer contents;
    45    2. Within four years thereafter, a minimum of twenty percent post-con-
    46  sumer content; and
    47    3.  Five  years  thereafter, a minimum of thirty percent post-consumer
    48  content.
    49  § 27-3419. Enforcement and penalties.
    50    1. Any producer, representative organization, or retailer who violates
    51  any provision of or fails to perform any duty imposed pursuant  to  this
    52  title  shall  be  liable  for a civil penalty not to exceed five hundred
    53  dollars for each violation and an additional penalty of  not  more  than
    54  five hundred dollars for each day during which such violations continue.
    55  Civil  penalties  under this section shall be assessed by the department

        S. 3217--B                          9
 
     1  after a hearing or opportunity to be heard pursuant to the provisions of
     2  section 71-1709 of this chapter.
     3    2.  In  a  city  with  a  population of one million or more, such city
     4  shall, in addition to any authority otherwise conferred in this chapter,
     5  have concurrent authority to enforce, by an agency  or  agencies  desig-
     6  nated  for  such  purpose  by  the mayor of such city, the provisions of
     7  sections 27-3403 and 27-3409 of this  title.  Any  notice  of  violation
     8  issued  by  an  agency  designated  by the mayor of such city charging a
     9  violation of section 27-3403 or 27-3409 of this title shall  be  return-
    10  able to the environmental control board of such city. Such environmental
    11  control  board  shall  have  the power to impose the civil penalties set
    12  forth in subdivision one of this section. All civil penalties  collected
    13  for  any  violation of this title that have been imposed by the environ-
    14  mental control board of such city shall be paid into the general fund of
    15  such city.
    16  § 27-3421. Limits on liability for antitrust,  restraint  of  trade,  or
    17               unfair trade practices.
    18    1.  A  producer, representative organization, or retailer shall not be
    19  liable for any claim of a violation of antitrust, restraint of trade, or
    20  unfair trade practice laws arising from the  performance  of  an  action
    21  required  to be undertaken by this title which is necessary to implement
    22  or participate under a producer plan approved by the department,  solely
    23  to  increase  the  collection  and  recycling of covered products, which
    24  affects the types and quantities being collected  and  recycled  or  the
    25  cost  and structure of such collection program that the producer, repre-
    26  sentative organization, or retailer is participating in pursuant to this
    27  title.
    28    2. Provided, however, that subdivision one of this section  shall  not
    29  apply  to  any  agreement establishing or affecting the price of covered
    30  products, except, as necessary, to fulfill producer responsibility under
    31  subdivision five of  section  27-3407  of  this  title,  the  output  or
    32  production  of  covered  products, or restricting the geographic area or
    33  customers to which covered products will be sold.
    34  § 27-3423. Rules and regulations.
    35    The department is hereby authorized to promulgate any rules and  regu-
    36  lations necessary to implement this title.
    37    §  2. The state finance law is amended by adding a new section 97-uuuu
    38  to read as follows:
    39    § 97-uuuu. Textile extended producer responsibility fund. 1.  There is
    40  hereby established in the joint custody of the state comptroller and the
    41  commissioner of environmental conservation a special fund to be known as
    42  the "textile extended producer responsibility fund".
    43    2. Such fund shall consist of  all  revenues  received  by  the  comp-
    44  troller,  pursuant  to the provisions of section 27-3419 of the environ-
    45  mental conservation law and all other moneys appropriated  thereto  from
    46  any  other  fund  or  source  pursuant to law. Nothing contained in this
    47  section shall  prevent  the  state  from  receiving  grants,  gifts,  or
    48  bequests  for  the  purposes  of the fund as defined in this section and
    49  depositing them into the fund according to law.
    50    3. The moneys of the textile extended  producer  responsibility  fund,
    51  following  appropriation  by the legislature, shall be allocated for the
    52  direct  costs  associated  with  extended  producer  responsibility  for
    53  textiles  pursuant  to  title thirty-four of article twenty-seven of the
    54  environmental conservation law.
    55    4. The state comptroller may invest any moneys in the textile extended
    56  producer responsibility fund  not  expended  for  the  purpose  of  this

        S. 3217--B                         10
 
     1  section  as  provided  by  law.  The  state comptroller shall credit any
     2  interest and income derived from the deposit and investment of moneys in
     3  the  textile  extended  producer  responsibility  fund  to  the  textile
     4  extended producer responsibility fund.
     5    5.  Any  unexpected  and  unencumbered moneys remaining in the textile
     6  extended producer responsibility fund at the end of a fiscal year  shall
     7  remain  in  the  textile extended producer responsibility fund and shall
     8  not be credited to any other fund.
     9    § 3. Section 71-1701 of the environmental conservation law, as amended
    10  by chapter 795 of the laws of 2022, is amended to read as follows:
    11  § 71-1701. Applicability of this title.
    12    This title shall be applicable to the enforcement of titles 1  through
    13  11  and  titles  15  through  19 of article 17; article 19; and titles 1
    14  [and], 33 and 34 of article 27 of this chapter.
    15    § 4. This act shall take effect immediately.
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