S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   953

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing  a paint stewardship pilot program and to amend the state
  finance law, in relation to establishing a product stewardship fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Declaration of legislative intent and findings. The legis-
lature finds and declares that it is in the public interest of the state
of New York for architectural paint producers to finance and  manage  an
environmentally  sound,  cost-effective  architectural paint stewardship
pilot program, undertaking responsibility for the development and imple-
mentation of strategies to reduce the generation of post-consumer archi-
tectural paint, promote the reuse of post-consumer  architectural  paint
and collect, transport and process post-consumer architectural paint for
end-of-product-life management, including reuse and recycling.
  S  2.  Article  27 of the environmental conservation law is amended by
adding a new title 20 to read as follows:
                                 TITLE 20
                     PAINT STEWARDSHIP PILOT PROGRAM
SECTION 27-2001. SHORT TITLE.
        27-2003. DECLARATION OF POLICY.
        27-2005. DEFINITIONS.
        27-2007. PRODUCER COLLECTION.
        27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
        27-2011. RETAILER REQUIREMENTS.
        27-2013. DEPARTMENT RESPONSIBILITIES.
        27-2015. REPORTING REQUIREMENTS.
S 27-2001. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04721-01-1
              

A. 953                              2

  THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW  YORK  STATE
PAINT STEWARDSHIP PILOT PROGRAM".
S 27-2003. DECLARATION OF POLICY.
  IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THE STATE OF NEW YORK
TO  PROMOTE  THE  DEVELOPMENT AND IMPLEMENTATION OF STRATEGIES TO REDUCE
THE GENERATION OF POST-CONSUMER ARCHITECTURAL PAINT,  TO  ENCOURAGE  THE
REUSE   OF  POST-CONSUMER  ARCHITECTURAL  PAINT,  AND  TO  MAXIMIZE  THE
COLLECTION, TRANSPORT, AND PROCESS OF POST-CONSUMER ARCHITECTURAL  PAINT
FOR END-OF-PRODUCT-LIFE MANAGEMENT.
S 27-2005. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
DOES NOT MEAN INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE  WHO  OWNS  OR  USES
ARCHITECTURAL PAINT, INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL, A BUSI-
NESS,  CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT ORGANIZATION, OR
GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED IN A WHOLE-
SALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
  3. "DISTRIBUTOR" MEANS A COMPANY THAT HAS A  CONTRACTUAL  RELATIONSHIP
WITH  ONE  OR  MORE  PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
RETAILERS IN THIS STATE.
  4. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, COMPA-
NY, CORPORATION, NOT-FOR-PROFIT CORPORATION,  ASSOCIATION,  GOVERNMENTAL
ENTITY,  PUBLIC  BENEFIT  CORPORATION, PUBLIC AUTHORITY, FIRM, ORGANIZA-
TION, OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY OFFICER OR  EMPLOYEE  OR
AGENT THEREOF.
  5.  "POST-CONSUMER  ARCHITECTURAL PAINT" MEANS ARCHITECTURAL PAINT NOT
USED AND NO LONGER WANTED BY ITS PURCHASER.
  6. "PRODUCER" MEANS A PERSON  THAT  MANUFACTURES  ARCHITECTURAL  PAINT
THAT IS SOLD OR OFFERED FOR SALE IN THIS STATE.
  7.  "RECYCLING"  MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS AND BY-PRODUCTS ARE TRANSFORMED  INTO  NEW  USABLE  OR  MARKETABLE
MATERIALS  IN  A  MANNER  IN  WHICH THE PRODUCTS MAY LOSE THEIR ORIGINAL
COMPOSITION. RECYCLING DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENER-
ATION BY MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS AND  BY-PRO-
DUCTS  WITH OR WITHOUT OTHER WASTE PRODUCTS FROM POST-CONSUMER ARCHITEC-
TURAL PAINT.
  8. "RETAILER" MEANS ANY PERSON THAT SELLS OR OFFERS FOR SALE ARCHITEC-
TURAL PAINT AT RETAIL IN THIS STATE.
  9. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM  FOR
USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE USE OF THE PRODUCT,
WITHOUT A CHANGE IN THE PRODUCT'S ORIGINAL COMPOSITION.
  10.  "SELL"  OR  "SALE" MEANS ANY TRANSFER OF TITLE FOR CONSIDERATION,
INCLUDING REMOTE SALES CONDUCTED THROUGH SALES OUTLETS, CATALOGS OR  THE
INTERNET OR THROUGH ANY OTHER SIMILAR ELECTRONIC MEANS.
S 27-2007. PRODUCER COLLECTION.
  1.  BEGINNING  JULY  FIRST, TWO THOUSAND THIRTEEN, A RETAILER/PRODUCER
SHALL ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE ARCHITECTURAL PAINT FOR
WHICH IT IS THE PRODUCER WITH THE PURCHASE OF ARCHITECTURAL PAINT  BY  A
CONSUMER.
  2.  BEGINNING  JULY  FIRST, TWO THOUSAND FOURTEEN, A RETAILER/PRODUCER
SHALL ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE  ANY/ALL  ARCHITECTURAL
PAINT FOR WHICH IT IS THE PRODUCER.
S 27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.

A. 953                              3

  1. A PRODUCER SHALL SUBMIT A REGISTRATION TO THE DEPARTMENT BY JANUARY
FIRST,  TWO  THOUSAND  THIRTEEN,  ALONG  WITH A REGISTRATION FEE OF FIVE
THOUSAND DOLLARS. SUCH REGISTRATION SHALL INCLUDE:
  (A) THE PRODUCER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
  (B)  THE  NAME  AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
DESIGNATED AS THE PRODUCER'S CONTACT FOR PURPOSES OF THIS TITLE;
  (C) A LIST IDENTIFYING THE PRODUCER'S BRANDS;
  (D) A GENERAL DESCRIPTION OF THE MANNER IN  WHICH  THE  PRODUCER  WILL
COMPLY  WITH  SECTION 27-2007 OF THIS TITLE, INCLUDING SPECIFIC INFORMA-
TION ON THE PRODUCER'S ARCHITECTURAL PAINT  ACCEPTANCE  PROGRAM  IN  THE
STATE,  AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS
MAY RETURN ARCHITECTURAL PAINT;
  (E) SALES DATA FOR THE PRODUCER'S ARCHITECTURAL  PAINT  SOLD  IN  THIS
STATE  FOR  THE  PREVIOUS  THREE  CALENDAR YEARS, IF THE PRODUCER CANNOT
PROVIDE ACCURATE STATE SALES DATA, IT SHALL EXPLAIN WHY SUCH DATA CANNOT
BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS  NATIONAL
SALES  DATA  BY  THE  NATIONAL  POPULATION  ACCORDING TO THE MOST RECENT
CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION  OF  THE  STATE,  OR
(II) ANOTHER METHOD APPROVED BY THE DEPARTMENT; AND
  (F) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
  2.  A  PRODUCER'S  REGISTRATION SHALL BE UPDATED WITHIN THIRTY DAYS OF
ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED BY THE REGISTRATION.
  3. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND THIRTEEN SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING OR
OFFERING  FOR SALE IN THE STATE ANY ARCHITECTURAL PAINT, AND MUST COMPLY
WITH THE REQUIREMENTS OF THIS TITLE.
  4. NO LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN, A  PRODUCER  SHALL
NOT  SELL  OR OFFER FOR SALE ARCHITECTURAL PAINT IN THE STATE UNLESS THE
PRODUCER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS  AN  ARCHITEC-
TURAL  PAINT  ACCEPTANCE  PROGRAM  THROUGH  WHICH  THE  PRODUCER, EITHER
DIRECTLY OR THROUGH AN AGENT OR DESIGNEE,  ACCEPTS  ARCHITECTURAL  PAINT
FROM  CONSUMERS  IN  THE  STATE  FOR  DISPOSAL,  REUSE OR RECYCLING. THE
PRODUCER SHALL ENSURE THAT RETAILERS ARE NOTIFIED OF SUCH  REGISTRATION.
THE  PRODUCER  SHALL  NOT  IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION,
HANDLING AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT.
  5. THE ARCHITECTURAL PAINT ACCEPTANCE  PROGRAM  SHALL  INCLUDE,  AT  A
MINIMUM:
  (A) COLLECTION, DISPOSAL AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT
PRODUCED  BY THE PRODUCER AND OFFERED FOR RETURN BY ANY CONSUMER IN THIS
STATE, FREE OF COST AND IN A MANNER CONVENIENT TO CONSUMERS. THE FOLLOW-
ING ACCEPTANCE METHODS SHALL BE CONSIDERED REASONABLY CONVENIENT:    (I)
MAIL  OR SHIP BACK RETURN PROGRAMS; (II) COLLECTION OR ACCEPTANCE EVENTS
CONDUCTED BY THE PRODUCER OR THE PRODUCER'S AGENT OR DESIGNEE, INCLUDING
EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS  OR  PRIVATE  PARTIES;  (III)
FIXED  ACCEPTANCE  LOCATIONS SUCH AS DEDICATED ACCEPTANCE SITES OPERATED
BY THE PRODUCER OR ITS AGENT OR DESIGNEE;  (IV)  AGREEMENTS  WITH  LOCAL
GOVERNMENTS,  RETAIL  STORES, SALES OUTLETS AND NOT-FOR-PROFIT ORGANIZA-
TIONS WHICH HAVE AGREED TO PROVIDE  FACILITIES  FOR  THE  COLLECTION  OF
ARCHITECTURAL  PAINT;  (V)  COMMUNITY  COLLECTION  EVENTS;  AND (VI) ANY
COMBINATION OF THESE  OR  OTHER  ACCEPTANCE  METHODS  WHICH  EFFECTIVELY
PROVIDE FOR THE ACCEPTANCE OF ARCHITECTURAL PAINT FOR RECYCLING OR REUSE
THROUGH  MEANS THAT ARE AVAILABLE AND REASONABLY CONVENIENT TO CONSUMERS
IN THE STATE.  AT A MINIMUM, THE PRODUCER SHALL ENSURE THAT ALL COUNTIES
OF THE STATE AND ALL MUNICIPALITIES WHICH HAVE A POPULATION OF TEN THOU-
SAND OR GREATER HAVE AT LEAST ONE METHOD OF ACCEPTANCE THAT IS AVAILABLE

A. 953                              4

WITHIN  THAT  MUNICIPALITY.  THE  DEPARTMENT  MAY  ESTABLISH  ADDITIONAL
REQUIREMENTS TO ENSURE CONVENIENT COLLECTION FROM CONSUMERS;
  (B)  A  PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE PRODUC-
ER'S ARCHITECTURAL PAINT ACCEPTANCE PROGRAM, INCLUDING AT A  MINIMUM  AN
INTERNET  WEBSITE  AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMA-
TION INCLUDED IN THE PACKAGE FOR, OR AT THE TIME OF SALE  OF,  ARCHITEC-
TURAL  PAINT THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW A CONSUMER OF
ARCHITECTURAL PAINT TO LEARN HOW TO  RETURN  SUCH  PAINT  FOR  DISPOSAL,
RECYCLING OR REUSE; AND
  (C)  ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
  6. A PRODUCER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH THE
PROVISIONS  OF  THIS  TITLE  AND  MAKE  THEM  AVAILABLE  FOR  AUDIT  AND
INSPECTION BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS.
  7.  A PRODUCER MAY SATISFY THE ARCHITECTURAL PAINT COLLECTION REQUIRE-
MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A COLLECTIVE  ARCHI-
TECTURAL PAINT ACCEPTANCE PROGRAM WITH OTHER PRODUCERS. ANY SUCH COLLEC-
TIVE   ARCHITECTURAL  PAINT  ACCEPTANCE  PROGRAM  SHALL  MEET  THE  SAME
REQUIREMENTS AS AN INDIVIDUAL  PRODUCER.  ANY  ARCHITECTURAL  ACCEPTANCE
PROGRAM SHALL INCLUDE A LIST OF PRODUCERS THAT ARE PARTICIPATING IN SUCH
PROGRAM  ALONG  WITH OTHER IDENTIFYING INFORMATION AS MAY BE REQUIRED BY
THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGISTRATION TO THE  DEPART-
MENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND DOLLARS.
  8.  A  PRODUCER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE
IMPLEMENTATION OF THE ARCHITECTURAL PAINT ACCEPTANCE PROGRAM.
S 27-2011. RETAILER REQUIREMENTS.
  1. AT THE LOCATION OF SALE OF ARCHITECTURAL PAINT,  A  RETAILER  SHALL
PROVIDE  PURCHASERS  OF  ARCHITECTURAL  PAINT  WITH INFORMATION, IF ANY,
ABOUT OPPORTUNITIES FOR THE RETURN OF ARCHITECTURAL PAINT THAT HAS  BEEN
PROVIDED TO THE RETAILER BY A PRODUCER.
  2. NO RETAILER SHALL SELL OR OFFER FOR SALE IN THE STATE ANY ARCHITEC-
TURAL PAINT UNLESS THE PRODUCER AND THE PRODUCER'S BRANDS ARE REGISTERED
WITH THE DEPARTMENT PURSUANT TO SECTION 27-2009 OF THIS TITLE.
S 27-2013. DEPARTMENT RESPONSIBILITIES.
  1.  THE  DEPARTMENT  SHALL PROMULGATE RULES AND REGULATIONS INCLUDING,
BUT NOT LIMITED TO, STANDARDS FOR REUSE AND ACCEPTABLE ALTERNATIVE METH-
ODS FOR THE DETERMINATION OF STATE SALES DATA.
  2. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
REGISTERED  PURSUANT  TO  SECTION  27-2009 OF THIS TITLE, (B) MAINTAIN A
LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C)  POST  SUCH  LISTS  ON  THE
DEPARTMENT'S WEBSITE.
S 27-2015. REPORTING REQUIREMENTS.
  1.  BEGINNING  MARCH  FIRST,  TWO  THOUSAND THIRTEEN, FOR THE PREVIOUS
CALENDAR YEAR AND ANNUALLY THEREAFTER, A PRODUCER THAT OFFERS  ARCHITEC-
TURAL  PAINT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE DEPART-
MENT ON A FORM PRESCRIBED BY THE DEPARTMENT THAT INCLUDES THE FOLLOWING:
  (A) SALES DATA FOR THE PRODUCER'S ARCHITECTURAL  PAINT  SOLD  IN  THIS
STATE  FOR  THE  PREVIOUS  THREE  CALENDAR YEARS. IF THE PRODUCER CANNOT
PROVIDE ACCURATE STATE SALES DATA, IT SHALL EXPLAIN WHY SUCH DATA CANNOT
BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS  NATIONAL
SALES  DATA  BY  WEIGHT BY THE NATIONAL POPULATION ACCORDING TO THE MOST
RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF THE STATE,
OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
  (B) THE QUANTITY OF ARCHITECTURAL PAINT COLLECTED FOR DISPOSAL,  RECY-
CLING  OR REUSE IN THIS STATE DURING THE PRECEDING CALENDAR YEAR AND THE

A. 953                              5

METHODS USED TO ACCEPT SUCH PAINT AND THE APPROXIMATE WEIGHT  OF  ARCHI-
TECTURAL PAINT ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
  (C)  INFORMATION  DETAILING  THE  ACCEPTANCE METHODS MADE AVAILABLE TO
CONSUMERS IN MUNICIPALITIES WHICH HAVE A POPULATION OF GREATER THAN  TEN
THOUSAND AND IN EACH COUNTY OF THE STATE;
  (D)  A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM INCLUDING THE
NUMBER OF VISITS TO THE INTERNET WEBSITE  AND  CALLS  TO  THE  TOLL-FREE
TELEPHONE NUMBER PROVIDED BY THE PRODUCER AS REQUIRED BY SECTION 27-2009
OF THIS TITLE;
  (E) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
  (F) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
THE ACCURACY OF THE REPORT.
  2. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
THOUSAND DOLLARS.
  3.  THE  DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
OF THIS TITLE IN THIS STATE TO THE GOVERNOR  AND  LEGISLATURE  BY  APRIL
FIRST,  TWO THOUSAND THIRTEEN AND EVERY TWO YEARS THEREAFTER. THE REPORT
MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF:
  (A) THE ARCHITECTURAL PAINT STREAM IN THE STATE;
  (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR ARCHITECTURAL
PAINT;
  (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
MENTS OF THIS TITLE; AND
  (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
  S 3. This act shall take effect immediately.