- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
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- Chamber Video/Transcript
S04351 Summary:
BILL NO | S04351 |
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SAME AS | SAME AS A06373 |
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SPONSOR | KENNEDY |
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COSPNSR | O'MARA, ADDABBO, BIAGGI, CARLUCCI, COMRIE, GALLIVAN, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, KAPLAN, LIU, MARTINEZ, MAY, METZGER, SERINO, SKOUFIS, STAVISKY, TEDISCO |
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MLTSPNSR | |
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Add Art 27 Title 20 §§27-2001 - 27-2007, En Con L | |
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Establishes a postconsumer paint collection program; requires producers of architectural paint sold at retail in the state or a representative organization to submit a plan to the commissioner of environmental conservation for the establishment of a postconsumer paint collection program; prohibits a producer or retailer from selling architectural paint in the state unless the producer or producer's representative organization is implementing an approved program plan. |
S04351 Actions:
BILL NO | S04351 | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/08/2019 | REFERRED TO ENVIRONMENTAL CONSERVATION | |||||||||||||||||||||||||||||||||||||||||||||||||
04/09/2019 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2019 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2019 | ORDERED TO THIRD READING CAL.1186 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2019 | referred to environmental conservation | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | substituted for a6373 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | ordered to third reading rules cal.643 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/10/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/16/2019 | SIGNED CHAP.673 | |||||||||||||||||||||||||||||||||||||||||||||||||
12/16/2019 | APPROVAL MEMO.57 |
S04351 Committee Votes:
Go to topS04351 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
ER
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
No
Tague
Yes
Bichotte
ER
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
ER
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
No
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
ER
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S04351 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4351 2019-2020 Regular Sessions IN SENATE March 8, 2019 ___________ Introduced by Sens. KENNEDY, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a postconsumer paint collection program 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 20 to read as follows: 3 TITLE 20 4 POSTCONSUMER PAINT COLLECTION PROGRAM 5 Section 27-2001. Definitions. 6 27-2003. Postconsumer paint collection program. 7 27-2005. Reporting requirements. 8 27-2007. Department responsibilities. 9 § 27-2001. Definitions. 10 As used in this title, the following terms shall have the following 11 meanings: 12 1. "architectural paint" means interior and exterior architectural 13 coatings sold in containers of five gallons or less; provided, however, 14 that "architectural paint" shall not include industrial, original equip- 15 ment or specialty coatings. 16 2. "commissioner" means the commissioner of environmental conserva- 17 tion. 18 3. "department" means the department of environmental conservation. 19 4. "environmentally sound management practices" means procedures for 20 the collection, storage, transportation, reuse, recycling and disposal 21 of architectural paint, to be implemented by the producer or represen- 22 tative organization or by the producers or representative organization's 23 contracted partners to ensure compliance with all applicable federal, 24 state and local laws and any regulations and ordinances for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04748-01-9S. 4351 2 1 protection of human health and the environment and these procedures 2 shall address adequate record keeping, tracking and documenting of the 3 final disposition of materials. 4 5. "postconsumer paint" means architectural paint not used and no 5 longer wanted by a purchaser. 6 6. "producer" means a manufacturer of architectural paint who sells, 7 offers for sale or distributes the architectural paint in the state. 8 7. "program" means the postconsumer paint collection program estab- 9 lished pursuant to section 27-2003 of this title. 10 8. "recycling" means a process by which discarded products, components 11 and by-products are transformed into new usable or marketable materials 12 in a manner in which the original products may lose their identity. 13 This term excludes thermal treatment or the use of waste as a fuel 14 substitute or for energy production. 15 9. "representative organization" means a not-for-profit organization 16 established by a producer to implement the postconsumer paint collection 17 program. 18 10. "retailer" means a person that offers architectural paint for sale 19 at retail in the state. 20 11. "Reuse" means the return of a product into the economic stream for 21 use in the same kind of application as the product was originally 22 intended to be used, without a change in the product's identity. 23 12. "Sell" or "sale" means any transfer for consideration of title or 24 the right to use, from a manufacturer or retailer to a person, includ- 25 ing, but not limited to, transactions conducted through retail sales 26 outlets, catalogs, mail, the telephone, the internet, or any electronic 27 means; this does not include samples, donations, and reuse. 28 § 27-2003. Postconsumer paint collection program. 29 1. No later than July first, two thousand twenty, a producer, either 30 individually or cooperatively, or a representative organization shall 31 submit to the commissioner for the commissioner's approval a plan for 32 the establishment of a postconsumer paint collection program. Such plan 33 shall be accompanied by a fee of five thousand dollars for an individual 34 producer or, in the case of a representative organization or producers 35 acting collectively, a fee of ten thousand dollars. The program will 36 minimize public sector involvement in the management of postconsumer 37 paint by reducing its generation, promoting its reuse and recycling and 38 negotiating and executing agreements to collect, transport, reuse, recy- 39 cle and properly dispose of postconsumer paint using environmentally 40 sound management practices. 41 2. A producer may satisfy the postconsumer paint collection program 42 requirement of this section by agreeing to participate collectively with 43 other producers. Any such collective postconsumer paint collection 44 program shall meet the same requirements as an individual producer. Such 45 program shall submit a registration to the department along with a 46 registration fee of ten thousand dollars. 47 3. The plan submitted by the producer or representative organization 48 to the department under this section shall: 49 (a) provide a list of each participating producer and brands covered 50 by the program. 51 (b) provide information on the architectural paint products covered 52 under the program. 53 (c) describe how the producer or representative organization will 54 collect, transport, recycle, and process postconsumer paint for end-of- 55 life management, including recycling and disposal, using environmentally 56 sound management practices.S. 4351 3 1 (d) describe how it will provide for convenient and cost-effective 2 statewide collection of postconsumer architectural paint in the state. 3 The producer or representative organization may coordinate the program 4 with existing municipal waste collection infrastructure as is mutually 5 agreeable. A paint retailer may participate, on a voluntary basis, as a 6 paint collection site if the paint retailer volunteers to act as such 7 and complies with all applicable laws and regulations. 8 (e) provide geographic modeling to determine the number and distrib- 9 ution of sites for collection of postconsumer architectural paint based 10 on the following criteria (i) at least ninety percent of New York resi- 11 dents shall have a collection site within a fifteen mile radius; and 12 (ii) one additional site will be established for every fifty thousand 13 residents of an urbanized area (as defined by the United States Census 14 Bureau), unless the producer is a small business taxpayer as defined in 15 paragraph (f) of subdivision one of section two hundred ten of the tax 16 law or unless otherwise approved by the commissioner. 17 (f) describe the intended treatment, storage, transportation and 18 disposal options and methods for the collection of postconsumer paint. 19 The management of paint under the program shall promote reuse and recy- 20 cling. 21 (g) describe in detail education and outreach efforts to inform 22 consumers about the program. These materials should include (i) informa- 23 tion about collection opportunities for postconsumer paint; (ii) infor- 24 mation about the charge for the operation of the program that shall be 25 included by the producer in the price charged to the retailer of all 26 architectural paint sold in the state; and (iii) efforts to promote the 27 source reduction, reuse, and recycling of architectural paint. 28 (h) set forth the process by which an independent auditor will be 29 selected and identify the criteria used by the producer or represen- 30 tative organization in selecting an independent auditor. 31 (i) identify, in detail, the operational plans for interacting with 32 retailers on the proper handling and management of post-consumer paint. 33 (j) include the targeted annual collection rate. 34 (k) be reviewed by an independent financial auditor to assure that any 35 added cost to paint sold in the state as a result of the postconsumer 36 paint collection program does not exceed the costs of the program. The 37 independent auditor shall verify that the amount added to each unit of 38 paint will cover the costs of the postconsumer paint collection program. 39 4. The independent financial auditor may be selected by the department 40 and the department shall review the work product of any such independent 41 auditor. The department may terminate the services of any such independ- 42 ent auditor. The cost of any work performed by such independent auditor 43 shall be funded by the program. 44 5. The commissioner shall approve or reject a plan submitted under 45 this section within sixty days of submission and, if rejected, inform 46 the producer or representative organization in writing as to any defi- 47 ciencies in said plan. A producer or representative organization shall 48 amend and resubmit any rejected plans for reconsideration within sixty 49 days of notification of the rejection of said plan. The commissioner 50 shall approve or reject said plan within thirty days of resubmission. 51 6. Beginning not later than January first, two thousand twenty-one or 52 six months after the plan is approved under subdivision five of this 53 section, whichever occurs later, the producer or representative organ- 54 ization shall implement the postconsumer paint collection program 55 utilizing collection sites established pursuant to paragraph (e) of 56 subdivision three of this section.S. 4351 4 1 7. Not later than the implementation date of the program, information 2 regarding the approved plan, the names of participating producers, and 3 the brands of architectural paint covered by the program shall be posted 4 on the department's website and on the website of the producer and 5 representative organization. 6 8. Upon implementation of the program, each producer shall include in 7 the price of any architectural paint sold to retailers and distributors 8 in the state the per container amount in the approved program plan. A 9 retailer or distributor shall not deduct this amount from the purchase 10 price. 11 9. A producer or retailer shall not sell, or offer for sale, architec- 12 tural paint to any person in the state unless the producer and the 13 producer's brands are registered with the department pursuant to section 14 27-2003 of this title on and after the date of implementation of the 15 postconsumer paint collection program. 16 10. (a) A retailer shall be in compliance with this section if, on the 17 date the architectural paint was offered for sale, the producer is list- 18 ed on the department's website as implementing or participating in an 19 approved program or if the paint brand is listed on the department's 20 website as being included in the program. 21 (b) A paint collection site authorized under the provisions of this 22 section shall not charge any additional amount for the disposal of paint 23 when it is offered for disposal. 24 11. (a) A producer or the representative organization that organizes 25 the collection, transport and processing of postconsumer paint, in an 26 action solely to increase the recycling of architectural paint by a 27 producer, representative organization, or retailer that affects the 28 types and quantities being recycled or the cost and structure of any 29 return program shall not be liable for any claim of a violation of anti- 30 trust, restraint of trade or unfair trade practice arising from conduct 31 undertaken in accordance with the program pursuant to this section. 32 (b) Provided however, paragraph (a) of this subdivision shall not 33 apply to any agreement establishing or affecting the price of paint 34 except for the postconsumer paint collection assessment or the output or 35 production of paint or any agreement restricting the geographic area or 36 customers to which paint will be sold. 37 12. The operator of the post consumer paint collection program shall 38 update the plan, as needed, when there are changes proposed to the 39 current program. A new plan or amendment will be required to be submit- 40 ted to the department for approval when: 41 (a) there is an addition to the products covered under the program; or 42 (b) there is a revision of the program's goals; or 43 (c) every four years. 44 The operator of the postconsumer paint collection program shall notify 45 the department annually, in writing, if there are no changes proposed to 46 the program and the producer or representative organization intends to 47 continue implementation of the program as previously approved by the 48 department. 49 13. Any person who becomes a producer on or after January first, two 50 thousand twenty shall submit a plan to the department prior to selling 51 or offering for sale in the state any architectural paint, and must 52 comply with the requirements of this title. 53 § 27-2005. Reporting requirements. 54 1. On or before October fifteenth, two thousand twenty-one, and annu- 55 ally thereafter, each operator of a program shall submit a report to the 56 commissioner that details the postconsumer paint collection program forS. 4351 5 1 the prior year's program from July first to June thirtieth. The report 2 shall be posted on the department's website. The report shall be posted 3 on the website of the producer and representative organization. Said 4 report shall include a copy of the independent audit detailed in para- 5 graph (d) of this subdivision. Such annual report shall include: 6 (a) a detailed description of the methods used to collect, transport 7 and process postconsumer paint in the state including detailing 8 collection methods made available to consumers and an evaluation of the 9 program's collection convenience; 10 (b) the overall volume of postconsumer paint collected in the state; 11 (c) the volume and type of postconsumer paint collected in the state 12 by method of disposition, including reuse, recycling and other methods 13 of processing or disposal; 14 (d) the total cost of implementing the program, as determined by an 15 independent financial audit, as performed by an independent auditor; 16 (e) samples of all educational materials provided to consumers of 17 architectural paint and retailers; and 18 (f) a detailed list of efforts undertaken and an evaluation of the 19 methods used to disseminate such materials including recommendations, if 20 any, for how the educational component of the program can be improved. 21 2. The department shall submit a report regarding the implementation 22 of this title in this state to the governor and legislature by April 23 first, two thousand twenty-two and every two years thereafter. The 24 report must include, at a minimum, an evaluation of: 25 (a) the architectural paint stream in the state; 26 (b) disposal, recycling and reuse rates in the state for architectural 27 paint; 28 (c) a discussion of compliance and enforcement related to the require- 29 ments of this title; and 30 (d) recommendations for any changes to this title. 31 § 27-2007. Department responsibilities. 32 1. The department shall promulgate all necessary rules and regulations 33 including, but not limited to, standards for reuse. 34 2. The department shall (a) maintain a list of producers who are 35 implementing or participating pursuant to section 27-2003 of this title, 36 (b) maintain a list of each such producer's brands, and (c) post such 37 lists on the department's website. 38 § 2. This act shall take effect immediately.