S. 7718 2
1. "ACTIVITY-BASED COSTS" SHALL MEAN A METHOD OF DISTRIBUTING THE COST
OF A PROCESS AMONG ITS COMPONENT STREAMS ACCORDING TO THE SHARE OF THE
TOTAL COST ASSUMED AS A RESULT OF THE PROCESSING OF THAT STREAM.
2. "COVERED MATERIALS AND PRODUCTS" SHALL MEAN ANY PART OF A PACKAGE
OR CONTAINER, REGARDLESS OF RECYCLABILITY OR COMPOSTABILITY, THAT
INCLUDES MATERIAL THAT IS USED FOR THE CONTAINMENT, PROTECTION, HANDL-
ING, DELIVERY, AND PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR
SALE, OR DISTRIBUTED TO CONSUMERS IN THE STATE, INCLUDING THROUGH AN
INTERNET TRANSACTION. COVERED MATERIALS AND PRODUCTS INCLUDE, BUT ARE
NOT LIMITED TO, THE FOLLOWING CLASSES OF MATERIALS:
(A) CONTAINERS AND PACKAGING: THIS CLASS INCLUDES ALL FLEXIBLE OR
RIGID MATERIAL, INCLUDING BUT NOT LIMITED TO PAPER, CARTON, PLASTIC,
GLASS, OR METAL, AND ANY COMBINATION OF SUCH MATERIALS THAT:
(I) IS USED TO CONTAIN, PROTECT, WRAP OR PRESENT PRODUCTS AT ANY STAGE
IN THE MOVEMENT OF THE PRODUCT FROM THE RESPONSIBLE PARTY TO THE ULTI-
MATE USER OR CONSUMER, INCLUDING TERTIARY PACKAGING USED FOR TRANSPORTA-
TION OR DISTRIBUTION DIRECTLY TO A CONSUMER;
(II) IS INTENDED FOR A SINGLE OR SHORT-TERM USE AND DESIGNED TO
CONTAIN, PROTECT OR WRAP PRODUCTS, INCLUDING SECONDARY PACKAGING
INTENDED FOR THE CONSUMER MARKET; OR
(III) DOES NOT INCLUDE PACKAGING USED FOR THE LONG-TERM PROTECTION OR
STORAGE OF A PRODUCT OR WITH A LIFE OF NOT LESS THAN FIVE YEARS.
(B) PAPER PRODUCTS: THIS CLASS INCLUDES:
(I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOOKS AND MATERIALS IN THE NEWSPA-
PERS CLASS OF MATERIALS;
(II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY
TO THE ULTIMATE CONSUMER OR RECIPIENT;
(III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO:
(1) FLYERS;
(2) BROCHURES;
(3) BOOKLETS;
(4) CATALOGS;
(5) TELEPHONE DIRECTORIES;
(6) NEWSPAPERS;
(7) MAGAZINES;
(8) PAPER FIBER; AND
(9) PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
(C) PLASTICS: THIS CLASS INCLUDES ANY PLASTIC AS DETERMINED BY THE
DEPARTMENT INCLUDING, BUT NOT LIMITED TO:
(I) RIGID PLASTICS:
(1) POLYETHYLENE TEREPHTHALATE (PET);
(2) POLYETHYLENE (PE);
(3) POLYVINYL CHLORIDE (PVC);
(4) POLYPROPYLENE (PP);
(5) POLYSTYRENE (PS);
(6) POLY COATED FIBER;
(7) MULTI-LAYERED PLASTICS;
(8) OTHER (BPA, COMPOSTABLE PLASTICS, POLYCARBONATE AND LEXAN);
(II) FLEXIBLE PLASTICS:
(1) POLYETHYLENE (PE);
(2) POLYVINYL CHLORIDE (PVC);
(3) POLYPROPYLENE (PP);
(4) POLY COATED FIBER;
(5) MULTI-LAYERED PLASTICS;
(6) OTHER (BPA, COMPOSTABLE PLASTICS, POLYCARBONATE AND LEXAN).
S. 7718 3
(D) FOR THE PURPOSE OF THIS TITLE, THE PRODUCTS COVERED DESIGNATION
DOES NOT INCLUDE THE FOLLOWING:
(I) PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY TO RECYCLE
BY VIRTUE OF THEIR ANTICIPATED USE;
(II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS; AND
(III) BEVERAGE CONTAINERS AS DEFINED IN SECTION 27-1003 OF THIS ARTI-
CLE.
3. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES SINGLE
AND MULTI-FAMILY RESIDENTIAL UNITS, SCHOOLS, STATE OR LOCAL AGENCIES, OR
INSTITUTIONS THAT IS OPERATED BY A MUNICIPALITY PURSUANT TO A CONTRACT
WITH THE MUNICIPALITY, PRIVATE ENTITY, OR OTHER PUBLIC AGENCY OR THROUGH
APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS.
4. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT
MADE OF RECYCLED MATERIALS DERIVED FROM POST-CONSUMER RECYCLED MATERIALS
OR FEEDSTOCK.
5. "PRODUCER" MEANS: (A) THE PERSON WHO MANUFACTURES THE COVERED MATE-
RIAL OR PRODUCT UNDER SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR
OFFERS FOR SALE THE COVERED MATERIAL OR PRODUCT IN THE STATE; OR
(B) THE PERSON WHO IMPORTS THE COVERED MATERIAL OR PRODUCT AS THE
OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE COVERED MATE-
RIAL OR PRODUCT IS SOLD OR DISTRIBUTED IN THE STATE; OR
(C) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIBUTES
THE COVERED MATERIAL OR PRODUCT IN THE STATE.
A PRODUCER SHALL NOT INCLUDE A MUNICIPALITY OR A LOCAL GOVERNMENT
PLANNING UNIT.
6. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT
ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON
BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PRODUCER RESPONSIBIL-
ITY PLAN.
7. "READILY-RECYCLABLE" MEANS PACKAGING THAT CAN BE SORTED BY ENTITIES
PROCESSING RECYCLABLES FROM NEW YORK AND FOR WHICH, DURING THE PREVIOUS
TWO CALENDAR YEARS, THERE WAS A CONSISTENT MARKET, MEANING RECYCLERS
WERE WILLING TO PAY FOR FULLY SORTED MATERIAL AT THE DOOR OF THEIR
FACILITIES IN QUANTITIES EQUAL TO OR IN EXCESS OF MATERIAL SUPPLY. THIS
DOES NOT INCLUDE MATERIAL TYPES THAT RECYCLERS ACCEPT IN LOW QUANTITIES
OR SORT OUT OF MATERIAL DURING ADDITIONAL PROCESSING STEPS; IF MATERIAL
RECYCLERS DO NOT DESIRE A FULL BALE OF A SPECIFIC MATERIAL TYPE, THAT
MATERIAL TYPE IS NOT READILY RECYCLABLE.
8. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE PURPOSE
OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
IN NEW PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE ENERGY
RECOVERY OR ENERGY GENERATION BY MEANS OF COMBUSTION, OR LANDFILL
DISPOSAL OF DISCARDED COVERED PRODUCTS OR DISCARDED PRODUCT COMPONENT
MATERIALS.
9. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED PRODUCTS
THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS TITLE,
AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED COVERED PRODUCTS
COLLECTED AND RECYCLED OR REUSED BY THE TOTAL AMOUNT OF DISCARDED
COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR.
10. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK
INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED
COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN
BE USED FOR ITS ORIGINAL PURPOSE.
S. 7718 4
11. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE A PRODUCT
TO A CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO
BE DELIVERED TO A CONSUMER IN THE STATE.
§ 27-3003. PRODUCER RESPONSIBILITIES.
1. WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO
PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE COVERED MATERIALS OR
PRODUCTS FOR USE IN NEW YORK UNLESS THE PRODUCER, OR A PRODUCER RESPON-
SIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, HAS A PRODUCER
RESPONSIBILITY PLAN APPROVED BY THE DEPARTMENT. PRODUCERS MAY SATISFY
PARTICIPATION OBLIGATIONS INDIVIDUALLY OR JOINTLY WITH OTHER PRODUCERS
OR THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION.
2. WITHIN ONE YEAR AFTER THE DEPARTMENT APPROVES A PRODUCER RESPONSI-
BILITY PLAN, PRODUCERS SHALL BE REQUIRED TO MEET THE MINIMUM POST-CON-
SUMER RECYCLED MATERIAL CONTENT RATE AND MINIMUM RECYCLING RATE FOR A
COVERED MATERIAL OR PRODUCT AS APPROVED BY THE DEPARTMENT IN THE PRODUC-
ER RESPONSIBILITY PLAN.
3. A PRODUCER SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE IF
THE PRODUCER:
(A) GENERATES LESS THAN ONE MILLION DOLLARS IN ANNUAL REVENUES;
(B) GENERATES LESS THAN ONE TON OF COVERED MATERIALS OR PRODUCTS
SUPPLIED TO NEW YORK STATE RESIDENTS PER YEAR; OR
(C) OPERATES AS A SINGLE POINT OF RETAIL SALE AND IS NOT SUPPLIED OR
OPERATED AS PART OF A FRANCHISE.
4. RETAILERS THAT ARE NOT PRODUCERS ARE EXEMPT FROM THE REQUIREMENTS
OF THIS TITLE.
5. PRODUCERS MAY COMPLY INDIVIDUALLY OR MAY FORM A PRODUCER RESPONSI-
BILITY ORGANIZATION AND DISCHARGE THEIR RESPONSIBILITIES TO SUCH ORGAN-
IZATION.
§ 27-3005. FUNDING MECHANISM.
1. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL ESTABLISH PROGRAM
PARTICIPATION CHARGES FOR PRODUCERS THROUGH THE PRODUCER RESPONSIBILITY
PLAN PURSUANT TO SECTION 27-3007 OF THIS TITLE WHICH SHALL BE SUFFICIENT
TO COVER ALL PROGRAM COSTS.
2. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL STRUCTURE PROGRAM
CHARGES TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES, TO REWARD WASTE
REDUCTION AND RECYCLING COMPATIBILITY INNOVATIONS AND PRACTICES, AND TO
DISCOURAGE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE
PRODUCTS. THE PRODUCER RESPONSIBILITY ORGANIZATION MAY ADJUST CHARGES TO
BE PAID BY PARTICIPATING PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM
COSTS. AT A MINIMUM, CHARGES SHALL BE VARIABLE BASED ON:
(A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER LEVEL OF CONSUMER
SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS
CONVENIENT AS THE PREVIOUS WASTE COLLECTION SCHEMA IN THE PARTICULAR
JURISDICTION;
(B) COSTS TO PROCESS A PRODUCER'S COVERED MATERIALS OR PRODUCTS FOR
SALE TO SECONDARY MATERIAL MARKETS;
(C) WHETHER THE COVERED MATERIAL OR PRODUCT WOULD TYPICALLY BE RECYCL-
ABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN, THE PRODUCT
HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT INCLUDES
LABELS, INKS, AND ADHESIVES CONTAINING HEAVY METALS OR OTHER HAZARDOUS
WASTE AS DEFINED BY THE DEPARTMENT IN REGULATIONS THAT WOULD CONTAMINATE
THE RECYCLING PROCESS;
(D) WHETHER THE COVERED MATERIALS OR PRODUCT ARE NONFOOD CONTACT
CONTAINERS AND OTHER NONFOOD CONTACT PACKAGING THAT IS SPECIFICALLY
DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE.
S. 7718 5
3. THE CHARGES SHALL BE ADJUSTED BASED UPON THE PERCENTAGE OF POST-
CONSUMER RECYCLED MATERIAL CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER
RECYCLED CONTENT SHALL BE VERIFIED EITHER BY THE PRODUCER RESPONSIBILITY
ORGANIZATION OR BY AN INDEPENDENT PARTY DESIGNATED BY THE DEPARTMENT TO
ENSURE THAT SUCH PERCENTAGE EXCEEDS THE MINIMUM REQUIREMENTS IN THE
COVERED MATERIAL, AS LONG AS THE RECYCLED CONTENT DOES NOT DISRUPT THE
POTENTIAL FOR FUTURE RECYCLING.
4. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE FOR
CALCULATING AND DISPERSING ACTIVITY-BASED COSTS FOR MUNICIPAL SERVICES
UTILIZED BY A PRODUCER RESPONSIBILITY ORGANIZATION IF THE MUNICIPALITY
ELECTS TO BE COMPENSATED BY THE PRODUCER RESPONSIBILITY ORGANIZATION IN
THE RECOVERY, RECYCLING, AND PROCESSING OF COVERED MATERIALS, WHETHER
SUCH SERVICES ARE PROVIDED DIRECTLY BY THE MUNICIPALITY OR THROUGH A
CONTRACTED SERVICE PROVIDER. THE ACTIVITY-BASED COST MECHANISM SHALL BE
BASED ON THE COST OF RESIDENTIAL CURBSIDE COLLECTION, ON-SITE PROCESSING
COST FOR EACH READILY-RECYCLABLE MATERIAL, COST OF NON-READILY RECYCLA-
BLE MATERIAL TYPES, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL
TYPE, AND ANY OTHER COST FACTORS AS DETERMINED BY THE DEPARTMENT. TO
FACILITATE THE PRODUCER RESPONSIBILITY ORGANIZATION'S DETERMINATION OF
THE COST OF RECYCLING, PARTICIPATING MUNICIPALITIES SHALL REPORT DATA
RELATED TO THEIR COSTS AND THE VALUE OF MATERIALS TO THE PRODUCER
RESPONSIBILITY ORGANIZATION. COST CALCULATIONS SHALL TAKE INTO CONSID-
ERATION REVENUE GENERATED FROM RECYCLABLE MATERIALS.
5. THE DEPARTMENT SHALL MAKE SUCH RULES AND REGULATIONS WHICH MAY BE
NECESSARY FOR A PRODUCER RESPONSIBILITY ORGANIZATION TO DEVELOP AND
MANAGE A FUNDING MECHANISM AND ACTIVITY-BASED COSTS.
§ 27-3007. PRODUCER RESPONSIBILITY PLAN.
1. PRODUCERS, OR A PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS
THEIR DESIGNATED AGENT, SHALL DEVELOP AND SUBMIT A PRODUCER RESPONSIBIL-
ITY PLAN TO THE DEPARTMENT NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS TITLE. SUCH PLAN SHALL BE FOR FIVE YEARS AND SHALL BE
REVIEWED AND UPDATED EVERY FIVE YEARS FOLLOWING THE APPROVAL OF THE
ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION TO REQUIRE THE
PLAN TO BE REVIEWED OR REVISED PRIOR TO THE FIVE YEAR PERIOD IF THE
DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM POST-CONSUMER RECYCLED MATE-
RIAL CONTENT RATES, MINIMUM RECYCLING RATES, OR OTHER FACTORS OF THE
PLAN ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER, OR PRODUCER RESPON-
SIBILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES
THAT WARRANTS REVISION OF THE PLAN. THE SUBMITTED PLAN SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(A) CONTACT INFORMATION OF THE PRODUCER RESPONSIBILITY ORGANIZATION
AND THE PRODUCER OR PRODUCERS COVERED UNDER THE PLAN;
(B) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED IN
THE DEVELOPMENT OF THE PLAN;
(C) THE COVERED MATERIALS FOR WHICH THE PRODUCER OR PRODUCER RESPONSI-
BILITY ORGANIZATION IS RESPONSIBLE FOR;
(D) A FUNDING MECHANISM THAT ALLOCATES THE COSTS TO THE PRODUCERS TO
MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFICIENT TO COVER THE COST
OF REGISTERING, OPERATING AND UPDATING THE PLAN, AND MAINTAINING A
FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A FISCALLY
PRUDENT AND RESPONSIBLE MANNER;
(E) A DESCRIPTION OF THE PROCESS FOR MUNICIPALITIES TO RECOUP REASON-
ABLE COSTS FROM THE PRODUCER RESPONSIBILITY ORGANIZATION FOR THE ACTIVI-
TY-BASED COSTS, INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, SORTING,
COLLECTION, TRANSPORTATION, OR PROCESSING COSTS, IF THE PRODUCER RESPON-
SIBILITY ORGANIZATION USES EXISTING SERVICES THROUGH A MUNICIPALITY;
S. 7718 6
(F) A PROPOSED MINIMUM POST-CONSUMER RECYCLED MATERIAL CONTENT RATE
REQUIREMENT AND MINIMUM RECYCLING RATE FOR MATERIALS. THE MINIMUM RECY-
CLING RATE SHALL BE VARIED FOR EACH RECYCLED MATERIAL AND SHALL INCLUDE
PAPER PRODUCTS, GLASS, METAL, AND PLASTIC;
(G) A DESCRIPTION OF A PUBLIC EDUCATION PROGRAM PURSUANT TO SECTION
27-3013 OF THIS TITLE;
(H) HOW THE PRODUCERS, OR THE PRODUCER RESPONSIBILITY ORGANIZATION,
WILL WORK WITH EXISTING WASTE HAULERS, MATERIAL RECOVERY FACILITIES,
RECYCLERS, AND MUNICIPALITIES TO OPERATE OR EXPAND CURRENT COLLECTION
PROGRAMS TO ADDRESS MATERIAL COLLECTION METHODS;
(I) A DESCRIPTION OF HOW A MUNICIPALITY WILL PARTICIPATE, ON A VOLUN-
TARY BASIS, WITH COLLECTION AND HOW EXISTING MUNICIPAL WASTE COLLECTION
INFRASTRUCTURE WILL BE USED;
(J) A DESCRIPTION OF HOW THE PRODUCER, OR PRODUCER RESPONSIBILITY
ORGANIZATION, PLANS TO MEET THE CONVENIENCE REQUIREMENTS SET FORTH IN
THIS TITLE;
(K) A DESCRIPTION OF HOW THE PRODUCER, OR PRODUCER RESPONSIBILITY
ORGANIZATION, WILL MEET OR EXCEED THE MINIMUM RECYCLING RATE FOR A PROD-
UCT;
(L) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING
RECYCLING AND DISPOSAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRAC-
TICES;
(M) A DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL
WORK WITH PRODUCERS TO REDUCE PACKAGING THROUGH PRODUCT DESIGN AND
PROGRAM INNOVATIONS;
(N) A PROCESS TO ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND
CONSUMERS; AND
(O) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT THROUGH REGU-
LATIONS.
2. THE DEPARTMENT SHALL PROMULGATE A REGISTRATION FEE SCHEDULE TO
COVER ADMINISTRATIVE COSTS, INCLUDING A SCHEDULE FOR RE-EVALUATING THE
FEE STRUCTURE ON AN ANNUAL BASIS.
§ 27-3009. PRODUCER RESPONSIBILITY PLAN APPROVAL.
1. NO LATER THAN NINETY DAYS AFTER THE SUBMISSION OF THE PRODUCER
RESPONSIBILITY PLAN, THE DEPARTMENT SHALL MAKE A DETERMINATION TO
APPROVE THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY
THE PLAN. THE DEPARTMENT SHALL CONSIDER THE FOLLOWING IN WHETHER TO
APPROVE A PLAN:
(A) THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN SECTION
27-3007 OF THIS TITLE WITH SUFFICIENT DETAIL TO DEMONSTRATE THAT THE
OBJECTIVE OF THE PLAN WILL BE MET;
(B) THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION WITH STAKE-
HOLDERS AND HAS PROVIDED AN OPPORTUNITY FOR STAKEHOLDER INPUT IN THE
IMPLEMENTATION AND OPERATION OF THE PLAN PRIOR TO SUBMISSION OF THE
PLAN;
(C) THE PLAN ADEQUATELY PROVIDES FOR: (I) THE PRODUCER COLLECTING AND
FUNDING THE COSTS OF COLLECTING AND PROCESSING PRODUCTS COVERED BY THE
PLAN OR REIMBURSING A MUNICIPALITY; (II) THE FUNDING MECHANISM TO COVER
THE ENTIRE COST OF THE PROGRAM; (III) CONVENIENT AND FREE CONSUMER
ACCESS TO COLLECTION FACILITIES OR COLLECTION SERVICES; AND (IV) AN
EVALUATION SYSTEM FOR THE FEE STRUCTURE, WHICH SHALL BE EVALUATED ON AN
ANNUAL BASIS BY THE PRODUCER RESPONSIBILITY ORGANIZATION AND RE-SUBMIT-
TED TO THE DEPARTMENT ANNUALLY;
(D) THE PLAN TAKES INTO CONSIDERATION A POST-CONSUMER CONTENT RATE AND
RECYCLING RATE THAT WILL CREATE OR ENHANCE MARKETS FOR RECYCLED MATERI-
ALS AND THERE IS A PLAN TO ADJUST THE MINIMUM RATES ON AN ANNUAL BASIS.
S. 7718 7
SUCH RATES SHALL TAKE INTO CONSIDERATION CURRENT STATE AND FEDERAL
RATES;
(E) THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT
IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS
THE PREVIOUS WASTE COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION.
2. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE
PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, SHALL IMPLEMENT THE
APPROVED PLAN. THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED
PLAN AT ANY TIME.
§ 27-3011. COLLECTION AND CONVENIENCE.
A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR
WIDESPREAD, CONVENIENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES
FOR THE COVERED PRODUCTS IDENTIFIED UNDER THE PRODUCER OR PRODUCER
RESPONSIBILITY ORGANIZATION'S PLAN. A PRODUCER RESPONSIBILITY ORGANIZA-
TION SHALL ENSURE SERVICES CONTINUE FOR ALL SINGLE AND MULTI-FAMILY
RESIDENTIAL UNITS THAT A MUNICIPALITY SERVES AS OF THE EFFECTIVE DATE OF
THIS ARTICLE, EITHER DIRECTLY OR THROUGH A CONTRACT TO PROVIDE SERVICES,
AND THAT SUCH SERVICES ARE CONTINUED THROUGH THE PLAN. A PRODUCER
RESPONSIBILITY ORGANIZATION MAY RELY ON A RANGE OF MEANS TO COLLECT
VARIOUS CATEGORIES OF COVERED MATERIALS OR PRODUCTS INCLUDING, BUT NOT
LIMITED TO, CURBSIDE COLLECTION, DEPOT DROP-OFF, AND RETAILER TAKE-BACK
SO LONG AS COVERED MATERIALS AND PRODUCTS COLLECTION OPTIONS INCLUDE
CURBSIDE OR MULTI-FAMILY RECYCLING COLLECTION SERVICES PROVIDED BY
MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE
COLLECTION COMPANIES, OR OTHER APPROVED ENTITIES AS IDENTIFIED BY THE
DEPARTMENT IF:
1. THE CATEGORY OF COVERED MATERIALS AND PRODUCTS IS SUITABLE FOR
RESIDENTIAL CURBSIDE RECYCLING COLLECTION AND CAN BE EFFECTIVELY SORTED
BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED MATERIAL;
2. THE CATEGORY OF PAPER IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCL-
ING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING
THE CURBSIDE COLLECTED MATERIAL;
3. THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES
TO INCLUDE THE CATEGORY OF COVERED MATERIALS AND PRODUCTS AS AN ACCEPTED
MATERIAL;
4. THE COVERED MATERIALS AND PRODUCTS CATEGORY IS NOT HANDLED THROUGH
A DEPOSIT AND RETURN SCHEME OR BUY BACK SYSTEM THAT RELIES ON A
COLLECTION SYSTEM OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND
5. THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES
TO THE PRODUCER RESPONSIBILITY ORGANIZATION ACTIVITY-BASED COSTS
ARRANGEMENT.
§ 27-3013. OUTREACH AND EDUCATION.
1. THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, SHALL
PROVIDE EFFECTIVE OUTREACH, EDUCATION, AND COMMUNICATIONS TO CONSUMERS
THROUGHOUT NEW YORK STATE REGARDING:
(A) PROPER END-OF-LIFE MANAGEMENT OF COVERED PRODUCTS AND BEVERAGE
CONTAINERS;
(B) THE LOCATION AND AVAILABILITY OF CURBSIDE AND DROP-OFF COLLECTION
OPPORTUNITIES;
(C) HOW TO PREVENT LITTER OF COVERED PRODUCTS AND BEVERAGE CONTAINERS;
AND
(D) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE-
WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL
LAWS AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY ACCES-
SIBLE.
S. 7718 8
2. THE OUTREACH AND EDUCATION REQUIRED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION SHALL:
(A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF COVERED PRODUCTS
UNDER THIS TITLE, INCLUDING THE PREVENTION OF CONTAMINATION OF COVERED
PRODUCTS;
(B) BE COORDINATED ACROSS PROGRAMS TO AVOID CONFUSION FOR CONSUMERS;
(C) INCLUDE, AT A MINIMUM: CONSULTING ON EDUCATION, OUTREACH, AND
COMMUNICATIONS WITH LOCAL GOVERNMENTS AND OTHER STAKEHOLDERS; COORDINAT-
ING WITH AND ASSISTING LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED
PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING
SERVICES; AND DEVELOPING AND PROVIDING OUTREACH AND EDUCATION TO THE
DIVERSE ETHNIC POPULATIONS IN THE STATE; AND
(D) A PLAN TO WORK WITH PARTICIPATING PRODUCERS TO LABEL COVERED
PRODUCTS WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING
AND RECYCLING COVERED PRODUCTS.
3. THE DEPARTMENT SHALL DETERMINE THE EFFECTIVENESS OF OUTREACH AND
EDUCATION EFFORTS UNDER THIS SECTION TO DETERMINE WHETHER CHANGES ARE
NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION EFFORTS AND DEVELOP
INFORMATION THAT MAY BE USED TO IMPROVE OUTREACH AND EDUCATION EFFORTS
UNDER THIS SECTION.
4. THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE OUTREACH,
EDUCATION, AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR EXCEEDING THE
MINIMUM POST-CONSUMER CONTENT AND RECOVERY RATES.
§ 27-3015. REPORTING REQUIREMENTS AND AUDITS.
1. ON OR BEFORE ONE YEAR AFTER A PRODUCER OR PRODUCER RESPONSIBILITY
ORGANIZATION'S FIRST PLAN IS APPROVED, AND ANNUALLY THEREAFTER, EACH
PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIG-
NATED AGENT, SHALL SUBMIT A REPORT TO THE COMMISSIONER THAT DETAILS THE
PROGRAM FOR THE PRIOR YEAR'S PROGRAM. THE REPORT SHALL BE POSTED ON THE
DEPARTMENT'S WEBSITE AND ON THE WEBSITE OF THE PRODUCER, OR PRODUCER
RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT. SUCH ANNU-
AL REPORT SHALL INCLUDE:
(A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
AND PROCESS COVERED MATERIALS AND PRODUCTS INCLUDING DETAILING
COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
PROGRAM'S COLLECTION CONVENIENCE;
(B) THE OVERALL WEIGHT OF COVERED MATERIALS AND PRODUCTS COLLECTED IN
THE STATE;
(C) THE WEIGHT AND TYPE OF COVERED MATERIALS AND PRODUCTS COLLECTED IN
THE STATE BY THE METHOD OF DISPOSITION;
(D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
(E) INFORMATION REGARDING THE INDEPENDENTLY AUDITED FINANCIAL STATE-
MENTS DETAILING ALL DEPOSITS RECEIVED AND REFUNDS PAID BY THE PRODUCERS
COVERED BY THE APPROVED PLAN, AND REVENUES AND EXPENDITURES FOR ANY FEES
ASSOCIATED WITH THE APPROVED PLAN THAT MAY BE CHARGED SEPARATELY AND
IDENTIFIED ON THE CONSUMER RECEIPT OF SALE;
(F) A COPY OF THE INDEPENDENT AUDIT;
(G) A DETAILED DESCRIPTION OF WHETHER THE PROGRAM COMPENSATES MUNICI-
PALITIES, SOLID WASTE COLLECTION, SORTING, AND REPROCESSING COMPANIES,
AND OTHER APPROVED ENTITIES FOR THEIR RECYCLING EFFORTS AND OTHER
RELATED SERVICES PROVIDED BY THE ABOVE ENTITIES;
(H) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OR
OTHER ENTITIES; AND
S. 7718 9
(I) 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.
2. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN-
TIAL INFORMATION THAT THE DEPARTMENT FINDS TO BE PROTECTED PROPRIETARY
INFORMATION. FOR PURPOSES OF THIS TITLE, PROTECTED PROPRIETARY INFORMA-
TION SHALL MEAN INFORMATION THAT, IF MADE PUBLIC, WOULD DIVULGE COMPET-
ITIVE BUSINESS INFORMATION, METHODS OR PROCESSES ENTITLED TO PROTECTION
AS TRADE SECRETS OF SUCH PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA-
TION OR INFORMATION THAT WOULD REASONABLY HINDER THE PRODUCER OR PRODUC-
ER RESPONSIBILITY ORGANIZATION'S COMPETITIVE ADVANTAGE IN THE MARKET-
PLACE.
§ 27-3017. ANTITRUST PROTECTIONS.
A PRODUCER RESPONSIBILITY ORGANIZATION, INCLUDING OFFICERS, MEMBERS,
EMPLOYEES AND AGENTS THEREOF, SHALL BE IMMUNE FROM LIABILITY FOR CONDUCT
UNDER STATE LAWS RELATING TO ANTITRUST, RESTRAINT OF TRADE, UNFAIR TRADE
PRACTICES, AND OTHER REGULATION OF TRADE OR COMMERCE ONLY TO THE EXTENT
NECESSARY TO PLAN AND IMPLEMENT COMPLIANCE WITH THIS SECTION.
§ 27-3019. PENALTIES.
1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED
PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED
PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER
SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
2. (A) ANY PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION WHO
VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT
TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR
ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT
THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE
PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH
VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE
HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR
A SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION,
THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR
A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL
PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING
WHICH SUCH VIOLATION CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION
COMMITTED WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION, THE PRODUCER OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED TWENTY THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF SIX
THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
(B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA-
TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED
AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE
AND ARTICLE SEVENTY-ONE OF THIS CHAPTER.
3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR
PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
S. 7718 10
ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL DENIED.
4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
§ 27-3021. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO ACTIVITY-BASED COSTS AND
FUNDING MECHANISMS OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING TO
THE RECOVERY OF COVERED MATERIALS BY THIS TITLE, VESTED EXCLUSIVELY IN
THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR
REGULATION PROMULGATED THERETO, GOVERNING COVERED MATERIALS AND PRODUCTS
RECYCLING SHALL, UPON THE EFFECTIVE DATE OF THIS TITLE, BE PREEMPTED;
PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE A PERSON
FROM COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF COVERED
MATERIALS AND PRODUCTS.
§ 27-3023. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
THE COMMISSIONER SHALL HAVE THE POWER TO PROMULGATE RULES AND REGU-
LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE.
§ 27-3025. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF
TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
