S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5801
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, LUNSFORD, PAULIN, GRIFFIN -- read
   once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing the extended producer responsibility act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature  finds  the  weight  of
 waste generated in New York is a threat to the environment. The legisla-
 ture further finds and declares that it is in the public interest of the
 state  of  New York for covered material and product producers to under-
 take the responsibility for the development and implementation of strat-
 egies to promote recycling, reuse and recovery of covered  material  and
 products  through  investments  in the end-of-product-life management of
 products.
   § 2. Article 27 of the environmental conservation law  is  amended  by
 adding a new title 31 to read as follows:
                                 TITLE 31
                   EXTENDED PRODUCER RESPONSIBILITY ACT
 SECTION 27-3101. DEFINITIONS.
         27-3103. PRODUCER RESPONSIBILITIES.
         27-3105. FUNDING MECHANISM.
         27-3107. PRODUCER RESPONSIBILITY PLAN.
         27-3109. PRODUCER RESPONSIBILITY PLAN APPROVAL.
         27-3111. COLLECTION AND CONVENIENCE.
         27-3113. OUTREACH AND EDUCATION.
         27-3115. REPORTING REQUIREMENTS AND AUDITS.
         27-3117. ANTITRUST PROTECTIONS.
         27-3119. PENALTIES.
         27-3121. STATE PREEMPTION.
         27-3123. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
         27-3125. SEVERABILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01205-01-1

 A. 5801                             2
 
 § 27-3101. DEFINITIONS.
   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;

 A. 5801                             3
 
   (6) OTHER (BPA, COMPOSTABLE PLASTICS, POLYCARBONATE AND LEXAN).
   (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.

 A. 5801                             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.
 § 27-3103. 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.
 § 27-3105. FUNDING MECHANISM.
   1. A PRODUCER  RESPONSIBILITY  ORGANIZATION  SHALL  ESTABLISH  PROGRAM
 PARTICIPATION  CHARGES FOR PRODUCERS THROUGH THE PRODUCER RESPONSIBILITY
 PLAN PURSUANT TO SECTION 27-3107 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.

 A. 5801                             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.
 § 27-3107. 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;

 A. 5801                             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
 27-3113 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.
 § 27-3109. 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
 27-3107 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.

 A. 5801                             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.
 § 27-3111. 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.
 § 27-3113. 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.

 A. 5801                             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.
 § 27-3115. 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

 A. 5801                             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.
 § 27-3117. 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.
 § 27-3119. 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

 A. 5801                            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.
 § 27-3121. 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.
 § 27-3123. 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.
 § 27-3125. 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.