S T A T E O F N E W Y O R K
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4645
2019-2020 Regular Sessions
I N S E N A T E
March 19, 2019
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Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing a paint stewardship program
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
program, undertaking responsibility for the development and implementa-
tion of strategies to reduce the generation of post-consumer architec-
tural 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.
§ 2. 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. 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.
27-2017. COLLECTIVE PARTICIPATION.
§ 27-2001. SHORT TITLE.
THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
PAINT STEWARDSHIP PROGRAM".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04719-01-9
S. 4645 2
§ 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.
§ 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. "POST-CONSUMER ARCHITECTURAL PAINT" MEANS ARCHITECTURAL PAINT NOT
USED AND NO LONGER WANTED BY ITS PURCHASER.
5. "PRODUCER" MEANS A PERSON THAT MANUFACTURES ARCHITECTURAL PAINT
THAT IS SOLD OR OFFERED FOR SALE IN THIS STATE.
6. "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.
7. "RETAILER" MEANS ANY PERSON THAT SELLS OR OFFERS FOR SALE ARCHITEC-
TURAL PAINT AT RETAIL IN THIS STATE.
8. "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.
9. "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.
§ 27-2007. PRODUCER COLLECTION.
BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, A PRODUCER SHALL
ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE POST-CONSUMER ARCHITECTURAL
PAINT.
§ 27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
1. A PRODUCER SHALL INDIVIDUALLY OR COOPERATIVELY WITH ONE OR MORE
OTHER PRODUCERS, SUBMIT A REGISTRATION TO THE DEPARTMENT BY JULY FIRST,
TWO THOUSAND TWENTY, 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, INTENDED TREATMENT, STORAGE, TRANSPORTATION AND DISPOSAL OPTIONS
S. 4645 3
AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS MAY
RETURN ARCHITECTURAL PAINT;
(E) TARGETED ANNUAL COLLECTION RATES;
(F) EDUCATIONAL AND OUTREACH PROGRAM THAT WILL BE IMPLEMENTED TO
INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND HOW TO PARTICIPATE;
AND
(G) 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 TWENTY-ONE 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 JANUARY FIRST, TWO THOUSAND TWENTY-ONE, 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 ARCHI-
TECTURAL 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)
COLLECTION OR ACCEPTANCE EVENTS CONDUCTED BY THE PRODUCER OR THE PRODUC-
ER'S AGENT OR DESIGNEE, INCLUDING EVENTS CONDUCTED THROUGH LOCAL GOVERN-
MENTS OR PRIVATE PARTIES; (II) FIXED ACCEPTANCE LOCATIONS SUCH AS DEDI-
CATED ACCEPTANCE SITES OPERATED BY THE PRODUCER OR ITS AGENT OR
DESIGNEE; (III) AGREEMENTS WITH LOCAL GOVERNMENTS, RETAIL STORES, SALES
OUTLETS AND NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE AGREED TO PROVIDE
FACILITIES FOR THE COLLECTION OF ARCHITECTURAL PAINT; (IV) COMMUNITY
COLLECTION EVENTS; AND (V) 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 MUNICI-
PALITIES WHICH HAVE A POPULATION OF TEN THOUSAND OR GREATER HAVE AT
LEAST ONE PERMANENT COLLECTION SITE AND ONE ADDITIONAL PERMANENT
COLLECTION SITE FOR EVERY THIRTY THOUSAND PEOPLE LOCATED IN THOSE AREAS,
UNLESS OTHERWISE APPROVED BY THE DEPARTMENT, OR 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. SUCH PRODUCERS SHALL CONDUCT
NO LESS THAN ONE COLLECTION EVENT ANNUALLY. THE DEPARTMENT MAY ESTAB-
LISH 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
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(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.
§ 27-2011. RETAILER REQUIREMENTS.
1. AT THE LOCATION OF SALE OF ARCHITECTURAL PAINT, A RETAILER SHALL
PROVIDE PURCHASERS OF ARCHITECTURAL PAINT WITH INFORMATION ABOUT OPPOR-
TUNITIES FOR THE RETURN OF ARCHITECTURAL PAINT THAT HAS BEEN PROVIDED TO
THE RETAILER BY A PRODUCER.
2. NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-ONE NO RETAILER SHALL
SELL OR OFFER FOR SALE IN THE STATE ANY ARCHITECTURAL PAINT UNLESS THE
PRODUCER AND THE PRODUCER'S BRANDS ARE REGISTERED WITH THE DEPARTMENT
PURSUANT TO SECTION 27-2009 OF THIS TITLE.
§ 27-2013. DEPARTMENT RESPONSIBILITIES.
1. THE DEPARTMENT SHALL PROMULGATE ALL NECESSARY RULES AND REGULATIONS
INCLUDING, BUT NOT LIMITED TO, STANDARDS FOR REUSE.
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.
§ 27-2015. REPORTING REQUIREMENTS.
1. BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-TWO, 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) THE QUANTITY OF ARCHITECTURAL PAINT COLLECTED FOR DISPOSAL, RECY-
CLING OR REUSE IN THIS STATE DURING THE PRECEDING CALENDAR YEAR AND THE
METHODS USED TO ACCEPT SUCH PAINT AND THE APPROXIMATE WEIGHT AND VOLUME
OF ARCHITECTURAL PAINT ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
(B) INFORMATION DETAILING THE ACCEPTANCE METHODS MADE AVAILABLE TO
CONSUMERS;
(C) A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM AND SAMPLES OF
ANY MATERIALS, 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;
(D) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
(E) 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 TWENTY-TWO AND EVERY TWO YEARS THEREAFTER. THE
REPORT MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF:
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(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.
§ 27-2017. COLLECTIVE PARTICIPATION.
A PRODUCER MAY SATISFY THE REQUIREMENTS OF THIS ARTICLE BY AGREEING TO
PARTICIPATE IN A COLLECTIVE ACCEPTANCE PROGRAM WITH ANY OTHER PRODUCER
OR PRODUCERS. ANY SUCH COLLECTIVE ACCEPTANCE PROGRAM MUST MEET THE SAME
REQUIREMENTS AS AN INDIVIDUAL PRODUCER. ANY COLLECTIVE ACCEPTANCE
PROGRAM MUST 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.
§ 3. This act shall take effect immediately.