Bill Text: NY S04690 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes the paint stewardship program; relates to the management of post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to collect, transport, reuse and recycle for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices; provides convenient and available state-wide collection of post-consumer paint.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04690 Detail]
Download: New_York-2013-S04690-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4690--A
2013-2014 Regular Sessions
I N S E N A T E
April 18, 2013
___________
Introduced by Sens. GRISANTI, AVELLA, ROBACH -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
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 PAINT STEWARDSHIP PROGRAM
5 SECTION 27-2001. DEFINITIONS.
6 27-2003. PAINT STEWARDSHIP PROGRAM.
7 27-2005. REGULATIONS.
8 27-2007. REPORTING.
9 S 27-2001. DEFINITIONS.
10 WHEN USED IN THIS TITLE:
11 1. "ARCHITECTURAL PAINT" MEANS INTERIOR AND EXTERIOR ARCHITECTURAL
12 COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
13 DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
14 2. "DISTRIBUTOR" MEANS A PERSON THAT HAS A CONTRACTUAL RELATIONSHIP
15 WITH ONE OR MORE PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
16 RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
17 3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS PROCEDURES FOR
18 THE COLLECTION, STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
19 OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE REPRESENTATIVE ORGAN-
20 IZATION OR SUCH REPRESENTATIVE ORGANIZATION'S CONTRACTED PARTNERS TO
21 ENSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10404-02-3
S. 4690--A 2
1 REGULATIONS AND ORDINANCES AND THE PROTECTION OF HUMAN HEALTH AND THE
2 ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES INCLUDE, BUT ARE
3 NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCUMENTING OF THE FATE
4 OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE STATE, AND ENVIRONMENTAL
5 LIABILITY COVERAGE FOR PROFESSIONAL SERVICES AND FOR THE OPERATIONS OF
6 THE CONTRACTORS WORKING ON BEHALF OF THE REPRESENTATIVE ORGANIZATION.
7 4. "PAINT STEWARDSHIP ASSESSMENT" MEANS THE AMOUNT ADDED TO THE
8 PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS NECES-
9 SARY TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST-
10 CONSUMER PAINT BY THE REPRESENTATIVE ORGANIZATION PURSUANT TO THE PAINT
11 STEWARDSHIP PROGRAM.
12 5. "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS NOT USED
13 AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
14 6. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
15 OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL
16 PAINT IN THE STATE.
17 7. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
18 COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
19 THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT OR
20 THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
21 8. "REPRESENTATIVE ORGANIZATION" MEANS THE NONPROFIT ORGANIZATION
22 CREATED BY PRODUCERS TO IMPLEMENT THE PAINT STEWARDSHIP PROGRAM
23 DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
24 9. "RETAILER" MEANS ANY PERSON WHO OFFERS ARCHITECTURAL PAINT FOR SALE
25 AT RETAIL IN THE STATE.
26 10. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
27 USE IN THE SAME KIND OF APPLICATION AS THE PRODUCT WAS ORIGINALLY
28 INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
29 11. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
30 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
31 ING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
32 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
33 MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
34 S 27-2003. PAINT STEWARDSHIP PROGRAM.
35 1. ON OR BEFORE MARCH FIRST, TWO THOUSAND FIFTEEN, EACH PRODUCER SHALL
36 JOIN THE REPRESENTATIVE ORGANIZATION AND SUCH REPRESENTATIVE ORGANIZA-
37 TION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF A PAINT STEWARDSHIP
38 PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM SHALL MINIMIZE THE
39 PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
40 REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGOTIATING AGREEMENTS
41 TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR BURN FOR ENERGY RECOVERY
42 AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER PAINT USING ENVIRON-
43 MENTALLY SOUND MANAGEMENT PRACTICES. THE PROGRAM SHALL MINIMIZE THE
44 PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
45 REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGOTIATING AGREEMENTS
46 TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST FOR ENERGY RECOV-
47 ERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING PERMITTEES,
48 POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
49 2. THE PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
50 COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT LEAST
51 ONE PERMANENT COLLECTION SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
52 ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN THE STATE;
53 AND ONE ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
54 PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE DEPART-
55 MENT. WHERE A PERMANENT COLLECTION SITE CANNOT BE LOCATED WITHIN A
56 FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED PLACE,
S. 4690--A 3
1 THE PROGRAM SHALL PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
2 THE PROGRAM SHALL NOT CHARGE A FEE TO THE CONSUMER AT THE TIME OF
3 COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
4 3. THE PLAN SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS SECTION
5 SHALL:
6 (A) IDENTIFY EACH PRODUCER PARTICIPATING IN THE PAINT STEWARDSHIP
7 PROGRAM AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED
8 BY THE PROGRAM;
9 (B) IDENTIFY HOW THE REPRESENTATIVE ORGANIZATION WILL PROVIDE CONVEN-
10 IENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
11 (C) SET FORTH THE PROCESS BY WHICH AN INDEPENDENT AUDITOR WILL BE
12 SELECTED AND IDENTIFY THE CRITERIA USED BY THE REPRESENTATIVE ORGANIZA-
13 TION IN SELECTING AN INDEPENDENT AUDITOR;
14 (D) IDENTIFY, IN DETAIL, THE EDUCATIONAL AND OUTREACH PROGRAM THAT
15 WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
16 HOW TO PARTICIPATE;
17 (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
18 RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
19 (F) INCLUDE THE PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN
20 THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
21 (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
22 (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT, STORAGE, TRANS-
23 PORTATION AND DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON-
24 SUMER PAINT; AND
25 (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
26 EACH PRODUCER AND TEN THOUSAND DOLLARS FOR EACH PRODUCT STEWARDSHIP
27 ORGANIZATION TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT
28 AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER THE REVIEW
29 OF SAID PLAN BY THE DEPARTMENT.
30 4. THE COMMISSIONER SHALL APPROVE OR REJECT A PLAN SUBMITTED UNDER
31 THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED, INFORM
32 THE PRODUCER OR PRODUCT STEWARDSHIP ORGANIZATION IN WRITING AS TO ANY
33 DEFICIENCIES IN SAID PLAN. A PRODUCER OR PRODUCT STEWARDSHIP ORGANIZA-
34 TION SHALL AMEND AND RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION
35 WITHIN SIXTY DAYS OF NOTIFICATION OF THE REJECTION OF SAID PLAN. THE
36 COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF
37 RESUBMISSION. A PLAN SHALL BE APPROVED BY THE COMMISSIONER IF IT MEETS
38 THE REQUIRED ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
39 5. NOT LATER THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED,
40 THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT THE PAINT STEWARDSHIP
41 PROGRAM.
42 6. ON OR BEFORE MARCH FIRST, TWO THOUSAND FIFTEEN, THE PROPOSED
43 UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
44 THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
45 ASSESSMENT IS CONSISTENT WITH THE BUDGET OF THE PAINT STEWARDSHIP
46 PROGRAM DESCRIBED IN THIS SECTION AND THE INDEPENDENT AUDITOR SHALL
47 RECOMMEND AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART-
48 MENT. THE DEPARTMENT SHALL APPROVE THE PAINT STEWARDSHIP ASSESSMENT
49 BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. THE DEPARTMENT
50 SHALL BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS-
51 MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF THE PAINT
52 STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
53 THIS SECTION IS PROPOSED TO BE CHANGED, THE REPRESENTATIVE ORGANIZATION
54 SHALL SUBMIT THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP ASSESSMENT TO
55 AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS BEEN COMPLETED,
56 THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT THE RESULTS OF SAID AUDI-
S. 4690--A 4
1 TOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT STEWARDSHIP ASSESSMENT TO
2 THE DEPARTMENT FOR REVIEW. THE DEPARTMENT SHALL REVIEW AND APPROVE, IN
3 WRITING, THE ADJUSTED PAINT STEWARDSHIP ASSESSMENT BEFORE THE NEW
4 ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED CHANGES TO THE PAINT
5 STEWARDSHIP ASSESSMENT SHALL BE SUBMITTED TO THE DEPARTMENT NO LATER
6 THAN SIXTY DAYS PRIOR TO THE DATE THE REPRESENTATIVE ORGANIZATION ANTIC-
7 IPATES THE ADJUSTED ASSESSMENT TO TAKE EFFECT.
8 7. ON AND AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
9 PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
10 BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD TO RETAILERS AND
11 DISTRIBUTORS IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
12 TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD THE
13 AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
14 ARCHITECTURAL PAINT SOLD IN THE STATE.
15 8. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A PAINT
16 COLLECTION POINT PURSUANT TO SUCH PAINT STEWARDSHIP PROGRAM AND IN
17 ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
18 9. EACH PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
19 FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW OR UNFAIR
20 TRADE PRACTICE IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
21 EXTENT SUCH PRODUCER OR REPRESENTATIVE ORGANIZATION IS EXERCISING
22 AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
23 10. NOT LATER THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
24 PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING PRODUCERS
25 AND THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
26 PROGRAM ON ITS WEBSITE.
27 11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
28 PROGRAM, NO PRODUCER, DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
29 SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE PRODUCER OF
30 SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
31 TION.
32 (B) NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
33 THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE ARCHITECTURAL PAINT
34 WAS ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
35 BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S WEBSITE IN
36 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
37 12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
38 ERS WITH EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
39 MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED AT THE POINT OF
40 SALE TO THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
41 TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT OPTIONS FOR
42 ARCHITECTURAL PAINT OFFERED THROUGH THE PAINT STEWARDSHIP PROGRAM AND
43 INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE OPERATION OF
44 SUCH PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
45 ARCHITECTURAL PAINT SOLD IN THE STATE.
46 13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND SIXTEEN, AND ANNUALLY
47 THEREAFTER, THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT A REPORT TO THE
48 COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM FOR THE PRIOR
49 YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH. SAID REPORT SHALL
50 INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH (D) OF
51 THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
52 (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
53 AND PROCESS POST-CONSUMER PAINT IN THE STATE INCLUDING DETAILING
54 COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
55 PROGRAM'S COLLECTION CONVENIENCE;
56 (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
S. 4690--A 5
1 (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE STATE
2 BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
3 OF PROCESSING OR DISPOSAL;
4 (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
5 INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
6 (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
7 (F) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OF
8 ARCHITECTURAL PAINT AND RETAILERS;
9 (G) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
10 METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
11 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
12 AND
13 (H) THE ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF
14 THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
15 ACCOUNT, ESTABLISHED PURSUANT TO SECTION 72-1009 OF THIS CHAPTER TO
16 COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
17 14. THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED,
18 WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW PLAN OR
19 AMENDMENT WILL BE REQUIRED TO BE SUBMITTED TO THE DEPARTMENT FOR
20 APPROVAL WHEN:
21 (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
22 (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
23 (C) THERE IS A REVISION OF THE PRODUCT STEWARDSHIP ORGANIZATION'S
24 GOALS; OR
25 (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
26 THE REPRESENTATIVE ORGANIZATION SHALL NOTIFY THE DEPARTMENT ANNUALLY,
27 IN WRITING, IF THERE ARE NO CHANGES PROPOSED TO THE PROGRAM AND THE
28 REPRESENTATIVE ORGANIZATION INTENDS TO CONTINUE IMPLEMENTATION OF THE
29 PROGRAM AS PREVIOUSLY APPROVED BY THE DEPARTMENT.
30 S 27-2005. REGULATIONS.
31 THE DEPARTMENT IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
32 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
33 THIS TITLE.
34 S 27-2007. REPORTING.
35 NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND SEVENTEEN, AND BIENNI-
36 ALLY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLA-
37 TURE AND THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE
38 PAINT STEWARDSHIP PROGRAM AS ENACTED PURSUANT TO THIS TITLE INCLUDING
39 ANY RECOMMENDATIONS TO IMPROVE THE FUNCTIONING AND EFFICIENCY OF THE
40 PAINT STEWARDSHIP PROGRAM, AS NECESSARY.
41 S 2. The environmental conservation law is amended by adding a new
42 section 71-2730 to read as follows:
43 S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
44 1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
45 SIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
46 PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE ASSESSED BY
47 THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
48 TION TO ANY CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
49 THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
50 LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
51 2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
52 TO THE COMMISSIONER FOR DEPOSIT TO THE ENVIRONMENTAL PROTECTION FUND
53 ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
54 S 3. This act shall take effect immediately.
