S T A T E   O F   N E W   Y O R K
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                                   1463
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  STIRPE,  ABBATE, ABINANTI, ARROYO, BARNWELL,
   BARRETT, BARRON,  BENEDETTO,  BICHOTTE,  BLAKE,  BRAUNSTEIN,  BRONSON,
   CAHILL,  CARROLL,  COLTON,  CUSICK, CYMBROWITZ, DE LA ROSA, DenDEKKER,
   DICKENS, DILAN,  DINOWITZ,  D'URSO,  FAHY,  GALEF,  GLICK,  GOTTFRIED,
   GUNTHER,  HEVESI, HUNTER, HYNDMAN, JAFFEE, JEAN-PIERRE, JONES, JOYNER,
   KIM,  LAVINE,  LENTOL,  LIFTON,  LUPARDO,  MAGNARELLI,   M. G. MILLER,
   MOSLEY,  NIOU,  O'DONNELL,  ORTIZ, OTIS, PAULIN, PERRY, PHEFFER AMATO,
   PICHARDO, PRETLOW, QUART, RICHARDSON, RIVERA, RODRIGUEZ, L. ROSENTHAL,
   ROZIC, RYAN, SANTABARBARA, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES,  STECK,
   TAYLOR,  THIELE, VANEL, WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI --
   read once and referred to the Committee on Environmental Conservation
 
 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:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 20 to read as follows:
                                 TITLE 20
                         PAINT STEWARDSHIP PROGRAM
 SECTION 27-2001. DEFINITIONS.
         27-2003. PAINT STEWARDSHIP PROGRAM.
         27-2005. REGULATIONS.
         27-2007. REPORTING.
 § 27-2001. 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 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   2.  "DISTRIBUTOR"  MEANS  A PERSON THAT HAS A CONTRACTUAL RELATIONSHIP
 WITH ONE OR MORE PRODUCERS TO MARKET AND  SELL  ARCHITECTURAL  PAINT  TO
 RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.

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

                                                            LBD00457-01-9

 A. 1463                             2
 
   3.  "ENVIRONMENTALLY  SOUND MANAGEMENT PRACTICES" MEANS PROCEDURES FOR
 THE COLLECTION, STORAGE, TRANSPORTATION, REUSE, RECYCLING  AND  DISPOSAL
 OF  ARCHITECTURAL  PAINT, TO BE IMPLEMENTED BY THE PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION OR  SUCH  REPRESENTATIVE  ORGANIZATION'S  CONTRACTED
 PARTNERS  TO  ENSURE  COMPLIANCE  WITH ALL APPLICABLE FEDERAL, STATE AND
 LOCAL LAWS, REGULATIONS AND  ORDINANCES  AND  THE  PROTECTION  OF  HUMAN
 HEALTH  AND  THE ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES
 INCLUDE, BUT ARE NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND  DOCU-
 MENTING  OF THE FATE OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE STATE,
 AND ENVIRONMENTAL LIABILITY COVERAGE FOR PROFESSIONAL SERVICES  AND  FOR
 THE  OPERATIONS  OF THE CONTRACTORS WORKING ON BEHALF OF THE PRODUCER OR
 REPRESENTATIVE ORGANIZATION.
   4. "PAINT STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED  TO  THE
 PURCHASE  PRICE  OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS NECES-
 SARY TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING  POST-
 CONSUMER  PAINT  BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION PURSUANT
 TO THE PAINT STEWARDSHIP PROGRAM.
   5.  "PAINT STEWARDSHIP PROGRAM" OR "PROGRAM" MEANS A PROGRAM  FOR  THE
 MANAGEMENT  OF  POST-CONSUMER  PAINT OPERATED BY A PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION.
   6.  "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS  NOT  USED
 AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
   7.  "PRODUCER"  MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
 OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS  TO  DISTRIBUTE  ARCHITECTURAL
 PAINT IN THE STATE.
   8. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
 COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
 THE  PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT OR
 THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
   9.  "REPRESENTATIVE  ORGANIZATION"  MEANS  A  NONPROFIT   ORGANIZATION
 CREATED   BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP  PROGRAM
 DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
   10. "RETAILER" MEANS ANY PERSON WHO  OFFERS  ARCHITECTURAL  PAINT  FOR
 SALE AT RETAIL IN THE STATE.
   11. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
 USE  IN  THE  SAME  KIND  OF  APPLICATION  AS THE PRODUCT WAS ORIGINALLY
 INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
   12. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE  OR
 THE  RIGHT  TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
 ING, BUT NOT LIMITED TO, TRANSACTIONS  CONDUCTED  THROUGH  RETAIL  SALES
 OUTLETS,  CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
 MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
 § 27-2003. PAINT STEWARDSHIP PROGRAM.
   1. ON OR BEFORE MARCH FIRST, TWO THOUSAND  TWENTY,  A  PRODUCER  OR  A
 REPRESENTATIVE ORGANIZATION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF
 A  PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM
 SHALL MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF  POST-
 CONSUMER  PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGO-
 TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE,  RECYCLE,  AND/OR  BURN
 FOR  ENERGY RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER
 PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT  PRACTICES.    THE  PROGRAM
 SHALL  MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-
 CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGO-
 TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST
 FOR  ENERGY  RECOVERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING

 A. 1463                             3
 
 PERMITTEES, POST-CONSUMER PAINT USING ENVIRONMENTALLY  SOUND  MANAGEMENT
 PRACTICES.
   2.  THE  PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
 COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT  LEAST
 ONE  PERMANENT  COLLECTION  SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
 ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN  THE  STATE;
 AND  ONE  ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
 PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE  DEPART-
 MENT.  WHERE  A  PERMANENT  COLLECTION  SITE  CANNOT BE LOCATED WITHIN A
 FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED  PLACE,
 THE  PROGRAM  SHALL  PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
 THE PROGRAM SHALL NOT CHARGE A FEE  TO  THE  CONSUMER  AT  THE  TIME  OF
 COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
   3.  THE  PLAN  SUBMITTED  TO  THE  DEPARTMENT PURSUANT TO THIS SECTION
 SHALL:
   (A) IDENTIFY EACH PRODUCER  PARTICIPATING  IN  THE  PAINT  STEWARDSHIP
 PROGRAM  AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED
 BY THE PROGRAM;
   (B) IDENTIFY HOW THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  WILL
 PROVIDE CONVENIENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
   (C)  SET  FORTH  THE  PROCESS  BY WHICH AN INDEPENDENT AUDITOR WILL BE
 SELECTED AND IDENTIFY THE CRITERIA USED BY  THE  PRODUCER  OR  REPRESEN-
 TATIVE ORGANIZATION IN SELECTING AN INDEPENDENT AUDITOR;
   (D)  IDENTIFY,  IN  DETAIL,  THE EDUCATIONAL AND OUTREACH PROGRAM THAT
 WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
 HOW TO PARTICIPATE;
   (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS  FOR  INTERACTING  WITH
 RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
   (F)  INCLUDE  THE  PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN
 THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
   (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
   (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT,  STORAGE,  TRANS-
 PORTATION  AND  DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON-
 SUMER PAINT; AND
   (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
 EACH PRODUCER, OR TEN THOUSAND  DOLLARS  FOR  EACH  PRODUCT  STEWARDSHIP
 ORGANIZATION  TO  BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT
 AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER  THE  REVIEW
 OF SAID PLAN BY THE DEPARTMENT.
   4.  THE  COMMISSIONER  SHALL  APPROVE OR REJECT A PLAN SUBMITTED UNDER
 THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF  REJECTED,  INFORM
 THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION IN WRITING AS TO ANY DEFI-
 CIENCIES IN SAID PLAN. A PRODUCER OR REPRESENTATIVE  ORGANIZATION  SHALL
 AMEND  AND  RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION WITHIN SIXTY
 DAYS OF NOTIFICATION OF THE REJECTION OF  SAID  PLAN.  THE  COMMISSIONER
 SHALL  APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION. A
 PLAN SHALL BE APPROVED BY THE COMMISSIONER  IF  IT  MEETS  THE  REQUIRED
 ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
   5.  NOT  LATER  THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED,
 THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT  THE  PAINT  STEWARDSHIP
 PROGRAM.
   6. ON OR BEFORE MARCH FIRST, TWO THOUSAND TWENTY, THE PROPOSED UNIFORM
 PAINT  STEWARDSHIP  ASSESSMENT  FOR  ALL ARCHITECTURAL PAINT SOLD IN THE
 STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR  TO  ASSURE  THAT  THE
 ASSESSMENT  IS  CONSISTENT  WITH  THE  BUDGET  OF  THE PAINT STEWARDSHIP
 PROGRAM DESCRIBED IN THIS SECTION  AND  THE  INDEPENDENT  AUDITOR  SHALL

 A. 1463                             4
 
 RECOMMEND  AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART-
 MENT. THE DEPARTMENT SHALL  APPROVE  THE  PAINT  STEWARDSHIP  ASSESSMENT
 BASED  UPON  THE  INDEPENDENT AUDITOR'S RECOMMENDATION.   THE DEPARTMENT
 SHALL  BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS-
 MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF  THE  PAINT
 STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
 THIS  SECTION  IS PROPOSED TO BE CHANGED, THE PRODUCER OR REPRESENTATIVE
 ORGANIZATION SHALL SUBMIT THE NEW, ADJUSTED  UNIFORM  PAINT  STEWARDSHIP
 ASSESSMENT  TO  AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS
 BEEN COMPLETED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
 THE RESULTS OF SAID AUDITOR'S REVIEW AND A PROPOSAL TO AMEND  THE  PAINT
 STEWARDSHIP  ASSESSMENT  TO  THE  DEPARTMENT  FOR REVIEW. THE DEPARTMENT
 SHALL REVIEW AND APPROVE, IN WRITING,  THE  ADJUSTED  PAINT  STEWARDSHIP
 ASSESSMENT  BEFORE  THE  NEW ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED
 CHANGES TO THE PAINT STEWARDSHIP ASSESSMENT SHALL BE  SUBMITTED  TO  THE
 DEPARTMENT  NO  LATER  THAN SIXTY DAYS PRIOR TO THE DATE THE PRODUCER OR
 REPRESENTATIVE ORGANIZATION ANTICIPATES THE ADJUSTED ASSESSMENT TO  TAKE
 EFFECT.
   7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
 PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
 BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
 DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
 TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
 AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
 ARCHITECTURAL PAINT SOLD IN THE STATE.
   8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
 COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
 ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
   9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
 FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
 TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
 EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
 AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
 PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
 AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
 PROGRAM ON ITS WEBSITE.
   11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
 PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
 SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
 SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
 TION.
   (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
 THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
 WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
 BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A RETAILER CARRYING
 OUT DUTIES OR RESPONSIBILITIES IMPOSED BY  THIS  TITLE  SHALL  INCUR  NO
 CIVIL  LIABILITY  OR  PENALTY  OF  ANY SORT UNLESS IT IS DETERMINED BY A
 COURT OF COMPETENT JURISDICTION THAT SUCH RETAILER HAS ACTED IN A GROSS-
 LY NEGLIGENT MANNER IN THE TRANSPORT OR STORAGE OF PAINT AND/OR ALTERING
 THE CONTENTS OF A RETURNED PAINT CONTAINER.
   12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
 ERS WITH EDUCATIONAL MATERIALS REGARDING THE PAINT  STEWARDSHIP  ASSESS-
 MENT  AND  PAINT  STEWARDSHIP  PROGRAM TO BE DISTRIBUTED AT THE POINT OF

 A. 1463                             5

 SALE TO THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO,  INFORMATION  REGARDING AVAILABLE END-OF-LIFE MANAGEMENT OPTIONS FOR
 ARCHITECTURAL PAINT OFFERED THROUGH THE PAINT  STEWARDSHIP  PROGRAM  AND
 INFORMATION  THAT  NOTIFIES CONSUMERS THAT A CHARGE FOR THE OPERATION OF
 SUCH PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF  ALL
 ARCHITECTURAL PAINT SOLD IN THE STATE.
   13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-ONE, AND ANNU-
 ALLY THEREAFTER, EACH OPERATOR OF A PROGRAM SHALL SUBMIT A REPORT TO THE
 COMMISSIONER  THAT  DETAILS  THE PAINT STEWARDSHIP PROGRAM FOR THE PRIOR
 YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH.    SAID  REPORT  SHALL
 INCLUDE  A  COPY  OF  THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH (D) OF
 THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
   (A) A DETAILED DESCRIPTION OF THE METHODS USED TO  COLLECT,  TRANSPORT
 AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING
 COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF  THE
 PROGRAM'S COLLECTION CONVENIENCE;
   (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
   (C)  THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE STATE
 BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND  OTHER  METHODS
 OF PROCESSING OR DISPOSAL;
   (D)  THE  TOTAL  COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
 INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
   (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
   (F) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS  OF
 ARCHITECTURAL PAINT AND RETAILERS;
   (G)  A  DETAILED  LIST  OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
 METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN  BE  IMPROVED;
 AND
   (H)  THE  ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF
 THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
 ACCOUNT, ESTABLISHED PURSUANT TO SECTION  72-1009  OF  THIS  CHAPTER  TO
 COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
   14.  THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED,
 WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A  NEW  PLAN  OR
 AMENDMENT  WILL  BE  REQUIRED  TO  BE  SUBMITTED  TO  THE DEPARTMENT FOR
 APPROVAL WHEN:
   (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
   (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
   (C) THERE IS A REVISION  OF  THE  PRODUCT  STEWARDSHIP  ORGANIZATION'S
 GOALS; OR
   (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
   THE OPERATOR OF THE PAINT STEWARDSHIP PROGRAM SHALL NOTIFY THE DEPART-
 MENT  ANNUALLY,  IN  WRITING,  IF  THERE  ARE NO CHANGES PROPOSED TO THE
 PROGRAM AND THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  INTENDS  TO
 CONTINUE  IMPLEMENTATION  OF  THE  PROGRAM AS PREVIOUSLY APPROVED BY THE
 DEPARTMENT.
 § 27-2005. REGULATIONS.
   THE DEPARTMENT IS HEREBY AUTHORIZED  TO  PROMULGATE  RULES  AND  REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
 THIS TITLE.
 § 27-2007. REPORTING.
   NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND TWENTY-TWO, AND BIENNI-
 ALLY  THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLA-
 TURE AND THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES  OF  THE
 PAINT  STEWARDSHIP  PROGRAM  AS ENACTED PURSUANT TO THIS TITLE INCLUDING

 A. 1463                             6
 
 ANY RECOMMENDATIONS TO IMPROVE THE FUNCTIONING  AND  EFFICIENCY  OF  THE
 PAINT STEWARDSHIP PROGRAM, AS NECESSARY.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
   1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
 SIONER AFTER A HEARING OR  OPPORTUNITY  TO  BE  HEARD  PURSUANT  TO  THE
 PROVISIONS  OF  SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE ASSESSED BY
 THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
 TION TO ANY CIVIL PENALTIES, ANY RETAILER OR PRODUCER,  AS  THOSE  TERMS
 ARE  DEFINED  IN SECTION 27-2001 OF THIS CHAPTER, MAY BY SIMILAR PROCESS
 BE ENJOINED FROM CONTINUING SUCH VIOLATION.
   2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
 TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   § 3. This act shall take effect immediately.