Bill Text: NY S06955 | 2019-2020 | General Assembly | Introduced
Bill Title: 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 department 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-17 - SIGNED CHAP.63 [S06955 Detail]
Download: New_York-2019-S06955-Introduced.html
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. LBD04748-02-0S. 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, ifS. 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.
