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S06955 Summary:

S06955 Actions:

S06955 Committee Votes:

S06955 Floor Votes:

S06955 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6955
 
                    IN SENATE
 
                                     January 6, 2020
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          postconsumer paint collection
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 5, 8, and 9 of section 27-2001 of the environ-
     2  mental conservation law, as added by a chapter  of  the  laws  of  2019,
     3  amending  the  environmental conservation law relating to establishing a
     4  postconsumer paint collection program, as proposed in legislative  bills
     5  numbers S.4351 and A.6373, are amended to read as follows:
     6    5.  "postconsumer  paint"  means  architectural  paint not used and no
     7  longer wanted by a [purchaser] consumer.
     8    8. "recycling" means a process by which discarded products, components
     9  and by-products are transformed into new usable or marketable  materials
    10  in  a  manner  in  which  the original products may lose their identity.
    11  This term excludes thermal treatment or the use of [waste]  postconsumer
    12  paint as a fuel substitute or for energy production.
    13    9.  "representative  organization" means a not-for-profit organization
    14  established by [a producer]  producers  to  implement  the  postconsumer
    15  paint collection program.
    16    §  2. Subdivisions 1, 3, 5, 12, and 13 of section 27-2003 of the envi-
    17  ronmental conservation law, as added by a chapter of the laws  of  2019,
    18  amending  the  environmental conservation law relating to establishing a
    19  postconsumer paint collection program, as proposed in legislative  bills
    20  numbers S.4351 and A.6373, are amended to read as follows:
    21    1.  No  later than July first, two thousand twenty, a producer, either
    22  individually or cooperatively, or a  representative  organization  shall
    23  submit to the [commissioner] department for the [commissioner's] depart-
    24  ment's  approval  a  plan  for the establishment of a postconsumer paint
    25  collection program.  Such plan shall be accompanied by  a  fee  of  five
    26  thousand  dollars for an individual producer or, in the case of a repre-
    27  sentative organization or producers acting collectively, a  fee  of  ten
    28  thousand dollars. The program will minimize public sector involvement in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04748-02-0
        S. 6955                             2
 
     1  the management of postconsumer paint by reducing its generation, promot-
     2  ing  its reuse and recycling and negotiating and executing agreements to
     3  collect, transport, reuse, recycle and properly dispose of  postconsumer
     4  paint using environmentally sound management practices.
     5    3.  The  plan submitted by the producer or representative organization
     6  to the department under this section shall:
     7    (a) provide a list of each participating producer and  brands  covered
     8  by the program.
     9    (b)  provide  information  on the architectural paint products covered
    10  under the program.
    11    (c) describe how the  producer  or  representative  organization  will
    12  collect,  transport, recycle, and process postconsumer paint for end-of-
    13  life management, including recycling and disposal, using environmentally
    14  sound management practices.
    15    (d) describe how it will provide  for  convenient  and  cost-effective
    16  statewide collection of postconsumer [architectural] paint in the state.
    17  The  producer  or representative organization may coordinate the program
    18  with existing municipal waste collection infrastructure as  is  mutually
    19  agreeable.  A paint retailer may participate, on a voluntary basis, as a
    20  paint collection site if the paint retailer volunteers to  act  as  such
    21  and complies with all applicable laws and regulations.
    22    (e)  provide  geographic modeling to determine the number and distrib-
    23  ution of sites for  collection  of  postconsumer  [architectural]  paint
    24  based  on the following criteria (i) at least ninety percent of New York
    25  residents shall have a collection site within a fifteen mile radius; and
    26  (ii) one additional collection site will be established for every  fifty
    27  thousand residents of an urbanized area (as defined by the United States
    28  Census  Bureau),  unless  the  producer  is a small business taxpayer as
    29  defined in paragraph (f) of subdivision one of section two  hundred  ten
    30  of the tax law or unless otherwise approved by the commissioner.
    31    (f)  describe  the  intended  treatment,  storage,  transportation and
    32  disposal options and methods for the collection of  postconsumer  paint.
    33  The  management of paint under the program shall promote reuse and recy-
    34  cling.
    35    (g) describe in  detail  education  and  outreach  efforts  to  inform
    36  consumers  and  retailers  about  the  program.  These  materials should
    37  include (i) information about collection opportunities for  postconsumer
    38  paint;  (ii)  information  about  the  charge  for  the operation of the
    39  program that shall be included by the producer in the price  charged  to
    40  the  retailer  of  all  architectural paint sold in the state; and (iii)
    41  efforts to promote the source reduction, reuse, and recycling of  archi-
    42  tectural paint.
    43    (h)  set  forth  the process by which an independent financial auditor
    44  will be selected and identify the  criteria  used  by  the  producer  or
    45  representative organization in selecting an independent auditor.
    46    (i)  identify,  in  detail, the operational plans for interacting with
    47  retailers on the  proper  handling  and  management  of  [post-consumer]
    48  postconsumer paint.
    49    (j) include the targeted annual collection rate.
    50    (k) be reviewed by an independent financial auditor to assure that any
    51  added  cost  to  paint sold in the state as a result of the postconsumer
    52  paint collection program does not exceed the costs of the  program.  The
    53  independent  auditor  shall verify that the amount added to each unit of
    54  paint will cover the costs of the postconsumer paint collection program.
    55    5. The [commissioner]  department  shall  approve  or  reject  a  plan
    56  submitted  under  this  section  within sixty days of submission and, if
        S. 6955                             3
 
     1  rejected, inform the producer or representative organization in  writing
     2  as to any deficiencies in said plan. A producer or representative organ-
     3  ization  shall amend and resubmit any rejected plans for reconsideration
     4  within  sixty  days  of  notification of the rejection of said plan. The
     5  [commissioner] department shall approve or reject said plan within thir-
     6  ty days of resubmission.
     7    12. The operator of the [post consumer] postconsumer paint  collection
     8  program  shall  update  the  plan,  as  needed,  when  there are changes
     9  proposed to the current  program.  A  new  plan  or  amendment  will  be
    10  required to be submitted to the department for approval when:
    11    (a) there is an addition to the products covered under the program; or
    12    (b) there is a revision of the program's goals; or
    13    (c) every four years from the date of approval of a previous plan.
    14    The operator of the postconsumer paint collection program shall notify
    15  the department annually, in writing, if there are no changes proposed to
    16  the  program  and the producer or representative organization intends to
    17  continue implementation of the program as  previously  approved  by  the
    18  department.
    19    13.  Any  person  who  becomes a producer [on or] after [January] July
    20  first, two thousand twenty shall submit a plan to the  department  prior
    21  to  selling  or  offering for sale in the state any architectural paint,
    22  and must comply with the requirements of this title.
    23    § 3. Paragraph (a) of subdivision 2 of section 27-2005 of the environ-
    24  mental conservation law, as added by a chapter  of  the  laws  of  2019,
    25  amending  the  environmental conservation law relating to establishing a
    26  postconsumer paint collection program, as proposed in legislative  bills
    27  numbers S.4351 and A.6373, is amended to read as follows:
    28    (a) the architectural and postconsumer paint stream in the state;
    29    §  4.  This  act  shall  take  effect on the same date and in the same
    30  manner as a chapter of the laws  of  2019,  amending  the  environmental
    31  conservation   law   relating   to  establishing  a  postconsumer  paint
    32  collection program, as proposed in legislative bills numbers S.4351  and
    33  A.6373, takes effect.