S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8964
 
                           I N  A S S E M B L Y
 
                              January 6, 2020
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 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:

   Section 1. Subdivisions 5, 8, and 9 of section 27-2001 of the environ-
 mental conservation law, as added by a chapter  of  the  laws  of  2019,
 amending  the  environmental conservation law relating to establishing a
 postconsumer paint collection program, as proposed in legislative  bills
 numbers S.4351 and A.6373, are amended to read as follows:
   5.  "postconsumer  paint"  means  architectural  paint not used and no
 longer wanted by a [purchaser] CONSUMER.
   8. "recycling" means a process by which discarded products, components
 and by-products are transformed into new usable or marketable  materials
 in  a  manner  in  which  the original products may lose their identity.
 This term excludes thermal treatment or the use of [waste]  POSTCONSUMER
 PAINT as a fuel substitute or for energy production.
   9.  "representative  organization" means a not-for-profit organization
 established by [a producer]  PRODUCERS  to  implement  the  postconsumer
 paint collection program.
   §  2. Subdivisions 1, 3, 5, 12, and 13 of section 27-2003 of the envi-
 ronmental conservation law, as added by a chapter of the laws  of  2019,
 amending  the  environmental conservation law relating to establishing a
 postconsumer paint collection program, as proposed in legislative  bills
 numbers S.4351 and A.6373, are amended to read as follows:
   1.  No  later than July first, two thousand twenty, a producer, either
 individually or cooperatively, or a  representative  organization  shall
 submit to the [commissioner] DEPARTMENT for the [commissioner's] DEPART-
 MENT'S  approval  a  plan  for the establishment of a postconsumer paint
 collection program.  Such plan shall be accompanied by  a  fee  of  five
 thousand  dollars for an individual producer or, in the case of a repre-
 sentative organization or producers acting collectively, a  fee  of  ten
 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

 A. 8964                             2
 
 the management of postconsumer paint by reducing its generation, promot-
 ing  its reuse and recycling and negotiating and executing agreements to
 collect, transport, reuse, recycle and properly dispose of  postconsumer
 paint using environmentally sound management practices.
   3.  The  plan submitted by the producer or representative organization
 to the department under this section shall:
   (a) provide a list of each participating producer and  brands  covered
 by the program.
   (b)  provide  information  on the architectural paint products covered
 under the program.
   (c) describe how the  producer  or  representative  organization  will
 collect,  transport, recycle, and process postconsumer paint for end-of-
 life management, including recycling and disposal, using environmentally
 sound management practices.
   (d) describe how it will provide  for  convenient  and  cost-effective
 statewide collection of postconsumer [architectural] paint in the state.
 The  producer  or representative organization may coordinate the program
 with existing municipal waste collection infrastructure as  is  mutually
 agreeable.  A paint retailer may participate, on a voluntary basis, as a
 paint collection site if the paint retailer volunteers to  act  as  such
 and complies with all applicable laws and regulations.
   (e)  provide  geographic modeling to determine the number and distrib-
 ution of sites for  collection  of  postconsumer  [architectural]  paint
 based  on the following criteria (i) at least ninety percent of New York
 residents shall have a collection site within a fifteen mile radius; and
 (ii) one additional COLLECTION site will be established for every  fifty
 thousand residents of an urbanized area (as defined by the United States
 Census  Bureau),  unless  the  producer  is a small business taxpayer as
 defined in paragraph (f) of subdivision one of section two  hundred  ten
 of the tax law or unless otherwise approved by the commissioner.
   (f)  describe  the  intended  treatment,  storage,  transportation and
 disposal options and methods for the collection of  postconsumer  paint.
 The  management of paint under the program shall promote reuse and recy-
 cling.
   (g) describe in  detail  education  and  outreach  efforts  to  inform
 consumers  AND  RETAILERS  about  the  program.  These  materials should
 include (i) information about collection opportunities for  postconsumer
 paint;  (ii)  information  about  the  charge  for  the operation of the
 program that shall be included by the producer in the price  charged  to
 the  retailer  of  all  architectural paint sold in the state; and (iii)
 efforts to promote the source reduction, reuse, and recycling of  archi-
 tectural paint.
   (h)  set  forth  the process by which an independent FINANCIAL auditor
 will be selected and identify the  criteria  used  by  the  producer  or
 representative organization in selecting an independent auditor.
   (i)  identify,  in  detail, the operational plans for interacting with
 retailers on the  proper  handling  and  management  of  [post-consumer]
 POSTCONSUMER paint.
   (j) include the targeted annual collection rate.
   (k) be reviewed by an independent financial auditor to assure that any
 added  cost  to  paint sold in the state as a result of the postconsumer
 paint collection program does not exceed the costs of the  program.  The
 independent  auditor  shall verify that the amount added to each unit of
 paint will cover the costs of the postconsumer paint collection program.
   5. The [commissioner]  DEPARTMENT  shall  approve  or  reject  a  plan
 submitted  under  this  section  within sixty days of submission and, if

 A. 8964                             3
 
 rejected, inform the producer or representative organization in  writing
 as to any deficiencies in said plan. A producer or representative organ-
 ization  shall amend and resubmit any rejected plans for reconsideration
 within  sixty  days  of  notification of the rejection of said plan. The
 [commissioner] DEPARTMENT shall approve or reject said plan within thir-
 ty days of resubmission.
   12. The operator of the [post consumer] POSTCONSUMER paint  collection
 program  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 an addition to the products covered under the program; or
   (b) there is a revision of the program's goals; or
   (c) every four years FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   The operator of the postconsumer paint collection program shall notify
 the department 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.
   13.  Any  person  who  becomes a producer [on or] after [January] JULY
 first, two thousand twenty shall submit a plan to the  department  prior
 to  selling  or  offering for sale in the state any architectural paint,
 and must comply with the requirements of this title.
   § 3. Paragraph (a) of subdivision 2 of section 27-2005 of the environ-
 mental conservation law, as added by a chapter  of  the  laws  of  2019,
 amending  the  environmental conservation law relating to establishing a
 postconsumer paint collection program, as proposed in legislative  bills
 numbers S.4351 and A.6373, is amended to read as follows:
   (a) the architectural AND POSTCONSUMER paint stream in the state;
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2019,  amending  the  environmental
 conservation   law   relating   to  establishing  a  postconsumer  paint
 collection program, as proposed in legislative bills numbers S.4351  and
 A.6373, takes effect.