S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6105
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  collection  program for refrigerants and refrigerant-
   containing appliances

   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 34 to read as follows:
                                  TITLE 34
      COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
                                APPLIANCES
 SECTION 27-3401. DEFINITIONS.
         27-3403. PRODUCER PLAN.
         27-3405. PRODUCER RESPONSIBILITIES.
         27-3407. RETAILER REQUIREMENTS.
         27-3409. DEPARTMENT RESPONSIBILITIES.
         27-3411. LABELING REQUIREMENTS.
         27-3413. PENALTIES.
         27-3415. NO PREEMPTION OF LOCAL LAW.
         27-3417. RULES AND REGULATIONS.
 §  27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
 TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE REFRIGERANTS AND  REFRI-
 GERANT-CONTAINING APPLIANCES THAT IS FINANCED AND MANAGED OR PROVIDED BY
 A  REFRIGERANT OR REFRIGERANT-CONTAINING APPLIANCE MANUFACTURER INDIVID-
 UALLY OR COLLECTIVELY WITH OTHER SUCH MANUFACTURERS IN  ACCORDANCE  WITH
 THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10469-01-3
              

 S. 6105                             2
 
   3.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 DISCARDED REFRIGERANTS  AND  REFRIGERANT-CONTAINING  APPLIANCES  MAY  BE
 RETURNED  BY  A  CONSUMER.  COLLECTION  SITES  SHALL ACCEPT ALL TYPES OF
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES AS  DEFINED  BY  THIS
 TITLE REGARDLESS OF BRAND.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR  USES  REFRIGERANTS  OR  REFRIGERANT-CONTAINING  APPLIANCES,
 INCLUDING BUT NOT LIMITED TO AN  INDIVIDUAL,  A  BUSINESS,  CORPORATION,
 LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT  CORPORATION,  THE STATE, A PUBLIC
 CORPORATION,  PUBLIC  SCHOOL,  SCHOOL  DISTRICT,  PRIVATE  OR  PAROCHIAL
 SCHOOL,  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES OR GOVERNMENTAL
 ENTITY.
   5. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES REFRIGERANTS OR REFRI-
 GERANT-CONTAINING  APPLIANCES  THAT  ARE  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED  IN  THE  STATE  UNDER THE MANUFACTURER'S OWN NAME OR BRAND.
 "PRODUCER" INCLUDES:
   (A) THE OWNER OF A TRADEMARK OR  BRAND  UNDER  WHICH  REFRIGERANTS  OR
 REFRIGERANT-CONTAINING   APPLIANCES  ARE  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED IN THIS STATE, WHETHER OR NOT SUCH  TRADEMARK  OR  BRAND  IS
 REGISTERED IN THE STATE; AND
   (B)  ANY  PERSON  WHO  IMPORTS  REFRIGERANTS OR REFRIGERANT-CONTAINING
 APPLIANCES INTO THE UNITED STATES THAT ARE SOLD OR OFFERED FOR  SALE  IN
 THE  STATE  AND  THAT  ARE  MANUFACTURED BY A PERSON WHO DOES NOT HAVE A
 PRESENCE IN THE UNITED STATES.
   6. "REFRIGERANT" MEANS ANY SUBSTANCES CONSISTING IN WHOLE OR  IN  PART
 OF  A  CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE, WHICH ARE USED FOR
 HEAT TRANSFER PURPOSES AND PROVIDE A COOLING EFFECT, INCLUDING, BUT  NOT
 LIMITED TO, CHLOROFLUOROCARBONS, HYDRO-CHLOROFLUOROCARBONS, OR ANY OTHER
 SUBSTITUTE  SUBSTANCE  AS  MAY  BE DEFINED BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY.
   (A) A "CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE" SHALL  BE  THOSE
 SUBSTANCES AS DEFINED BY 42 USC § 7671A.
   (B)  A  "SUBSTITUTE  SUBSTANCE"  SHALL BE ANY ENVIRONMENTAL PROTECTION
 AGENCY  APPROVED  REPLACEMENT  FOR  A  CLASS  I  OR  II  OZONE-DEPLETING
 SUBSTANCE IN REFRIGERATION OR AIR-CONDITIONING END-USE.
   7. "REFRIGERANT-CONTAINING APPLIANCE" MEANS ANY DEVICE THAT CONTAINS A
 REFRIGERANT  AND  CAN  BE USED FOR HOUSEHOLD PURPOSES INCLUDING, BUT NOT
 LIMITED TO, ROOM AIR  CONDITIONERS,  HEAT  PUMPS,  REFRIGERATORS,  WATER
 COOLERS, OR FREEZERS.
   8.  "REPRESENTATIVE  ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM.
   9.  "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE REFRIGER-
 ANTS OR REFRIGERANT-CONTAINING APPLIANCES TO A CONSUMER IN THE STATE.
   10. "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 DONATIONS OR REUSE.
 § 27-3403. PRODUCER PLAN.
   1. NO LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,  A
 PRODUCER,  EITHER  INDIVIDUALLY  OR COOPERATIVELY IN A GROUP WITH ONE OR
 MORE PRODUCERS OR WITH A REPRESENTATIVE ORGANIZATION,  SHALL  SUBMIT  TO
 THE  DEPARTMENT  FOR THE DEPARTMENT'S APPROVAL A PLAN FOR THE ESTABLISH-
 MENT OF A COLLECTION PROGRAM FOR REFRIGERANTS AND REFRIGERANT-CONTAINING
 S. 6105                             3
 
 APPLIANCES THAT MEETS THE  COLLECTION  REQUIREMENTS  DESCRIBED  IN  THIS
 SECTION.
   2.  A  PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENT OF THIS
 SECTION BY AGREEING TO PARTICIPATE COLLECTIVELY WITH A  GROUP  OF  OTHER
 PRODUCERS  OR  WITH  A  REPRESENTATIVE  ORGANIZATION.  ANY SUCH PRODUCER
 PARTICIPATING COLLECTIVELY IN A  COLLECTION  PROGRAM  SHALL  NOTIFY  THE
 DEPARTMENT OF SUCH PARTICIPATION.
   3.  A  PRODUCER,  GROUP  OF  PRODUCERS, OR REPRESENTATIVE ORGANIZATION
 SHALL UPDATE THE PLAN, AS NEEDED, WHEN THERE ARE CHANGES PROPOSED TO ITS
 COLLECTION PROGRAM. A NEW PLAN OR  AMENDMENT  WILL  BE  REQUIRED  TO  BE
 SUBMITTED TO THE DEPARTMENT FOR APPROVAL WHEN:
   (A) THERE IS A REVISION OF THE COLLECTION PROGRAM'S GOALS; OR
   (B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   4.  THE  PLAN SUBMITTED BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
   (A) PROVIDE A LIST OF EACH PARTICIPATING PROVIDER AND BRAND COVERED BY
 THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
   (C) DESCRIBE HOW THE PRODUCER, GROUP OF PRODUCERS,  OR  REPRESENTATIVE
 ORGANIZATION WILL SAFELY COLLECT, TRANSPORT, RECYCLE, AND PROCESS REFRI-
 GERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
   (D) DESCRIBE HOW THE PROGRAM WILL PROVIDE FOR THE COLLECTION OF REFRI-
 GERANT-CONTAINING APPLIANCES, FREE OF COST AND IN A MANNER CONVENIENT TO
 CONSUMERS,  INCLUDING  HOW  THE  PROGRAM  WILL  ACHIEVE, AT A MINIMUM, A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT 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,
 THAT  ACCEPTS  REFRIGERANT-CONTAINING  APPLIANCES  FROM CONSUMERS DURING
 NORMAL BUSINESS HOURS. THE PRODUCER, GROUP OF  PRODUCERS,  OR  REPRESEN-
 TATIVE  ORGANIZATION  MAY COORDINATE THE PROGRAM WITH EXISTING MUNICIPAL
 WASTE COLLECTION INFRASTRUCTURE AS IS MUTUALLY AGREEABLE.    CONVENIENCE
 STANDARDS  SHALL  BE  EVALUATED  BY  THE DEPARTMENT PERIODICALLY AND THE
 DEPARTMENT  MAY  REQUIRE  ADDITIONAL  COLLECTION  LOCATIONS  TO   ENSURE
 ADEQUATE CONSUMER CONVENIENCE;
   (E)  DESCRIBE  IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS TO INFORM
 CONSUMERS,  REFRIGERANT-CONTAINING  APPLIANCE  INSTALLERS,  AND   OTHERS
 ENGAGED IN THE MANAGEMENT OF DISCARDED REFRIGERANT-CONTAINING APPLIANCES
 ABOUT  THE  PROGRAM  INCLUDING,  AT A MINIMUM, AN INTERNET WEBSITE AND A
 TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE  TIME
 OF  SALE  OF  REFRIGERANT-CONTAINING APPLIANCES THAT PROVIDES SUFFICIENT
 INFORMATION TO ALLOW A CONSUMER TO LEARN HOW TO  RETURN  SUCH  REFRIGER-
 ANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR REUSE;
   (F)  DESCRIBE  THE  METHODS  TO  BE USED TO REUSE OR RECYCLE DISCARDED
 REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES;
   (G) DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF  DISCARDED
 REFRIGERANTS  AND REFRIGERANT-CONTAINING APPLIANCES THAT CANNOT BE RECY-
 CLED OR REUSED;
   (H) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (I)  DESCRIBE  THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
   (J) ESTIMATE THE AMOUNTS OF  REFRIGERANTS  AND  REFRIGERANT-CONTAINING
 APPLIANCES  THAT  WERE PREVIOUSLY SOLD, OFFERED FOR SALE, OR DISTRIBUTED
 IN THE STATE UNDER EACH PRODUCER'S NAME OR BRAND THAT ARE  DISCARDED  IN
 S. 6105                             4
 
 THE  STATE ANNUALLY AND DESCRIBE THE SOURCES OF DATA AND METHODOLOGY FOR
 ESTIMATING SUCH AMOUNT; AND
   (K)  DESCRIBE  HOW  THE PROGRAM WILL MEET ANNUAL PERFORMANCE GOALS, AS
 DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A  MINIMUM,  THE  PROGRAM
 SHALL ACHIEVE THE FOLLOWING RECYCLING RATES:
   (I)  A THIRTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
 CONTAINING APPLIANCES BY FIVE YEARS AFTER THE  PLAN  IS  APPROVED  UNDER
 SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE;
   (II)  A FIFTY PERCENT RECYCLING RATE FOR REFRIGERANTS AND REFRIGERANT-
 CONTAINING APPLIANCES BY TEN YEARS AFTER  THE  PLAN  IS  APPROVED  UNDER
 SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE; AND
   (III)  A  SEVENTY-FIVE  PERCENT  RECYCLING  RATE  FOR REFRIGERANTS AND
 REFRIGERANT-CONTAINING APPLIANCES BY FIFTEEN YEARS  AFTER  THE  PLAN  IS
 APPROVED UNDER SUBDIVISION FOUR OF SECTION 27-3409 OF THIS TITLE.
 § 27-3405. PRODUCER RESPONSIBILITIES.
   1. BEGINNING NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SIX, OR SIX
 MONTHS  AFTER  THE  PLAN  IS  APPROVED UNDER SUBDIVISION FOUR OF SECTION
 27-3409 OF THIS TITLE, WHICHEVER OCCURS LATER, THE PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION  SHALL  IMPLEMENT  A  COLLECTION  PROGRAM  UTILIZING
 COLLECTION  SITES  ESTABLISHED  PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 FOUR OF SECTION 27-3403 OF THIS TITLE.
   2. A PRODUCER SHALL NOT SELL,  OR  OFFER  FOR  SALE,  REFRIGERANTS  OR
 REFRIGERANT-CONTAINING APPLIANCES TO ANY PERSON IN THE STATE ON OR AFTER
 THE  REQUIRED  DATE  OF  IMPLEMENTATION  OF THE COLLECTION PROGRAM UNDER
 SUBDIVISION ONE OF THIS SECTION UNLESS THE PRODUCER AND  THE  PRODUCER'S
 BRANDS ARE REGISTERED WITH THE DEPARTMENT PURSUANT TO THIS SECTION.
   3.  THE COLLECTION PROGRAM SHALL BE FREE TO CONSUMERS RETURNING REFRI-
 GERANT-CONTAINING APPLIANCES FOR DISPOSAL, RECYCLING OR  REUSE,  CONVEN-
 IENT,  AND ADEQUATE TO SERVE THE NEEDS OF SUCH CONSUMERS IN ALL AREAS OF
 THE STATE ON AN ONGOING BASIS.
   4. A PRODUCER, GROUP  OF  PRODUCERS,  OR  REPRESENTATIVE  ORGANIZATION
 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. THE DEPARTMENT SHALL MAKE SUCH
 RECORDS AVAILABLE TO THE PUBLIC UPON  REQUEST  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THE STATE FREEDOM OF INFORMATION LAW AND THE REGULATIONS
 PROMULGATED THEREUNDER. RECORD HOLDERS SHALL SUBMIT THE RECORDS REQUIRED
 TO COMPLY WITH SUCH REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFI-
 CATION BY THE DEPARTMENT OF RECEIPT OF THE REQUEST.
   5. PRODUCERS, GROUPS OF PRODUCERS,  AND  REPRESENTATIVE  ORGANIZATIONS
 SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF
 THE  COLLECTION  PROGRAM,  INCLUDING  BUT  NOT  LIMITED  TO  THE COST OF
 COLLECTION.  EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
 IZATION SHALL PAY FEES ESTABLISHED BY  THE  DEPARTMENT  TO  COVER  COSTS
 INCURRED  BY  THE  STATE  IN  THE ADMINISTRATION AND ENFORCEMENT OF THIS
 TITLE. EXCLUSIVE OF FINES AND PENALTIES, THE STATE  SHALL  ONLY  RECOVER
 ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   6.  ANY  PERSON  WHO  BECOMES  A PRODUCER ON OR AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-FIVE SHALL SUBMIT A PLAN TO  THE  DEPARTMENT,
 OR  NOTIFY  THE DEPARTMENT THAT IT HAS JOINED AN EXISTING PLAN, PRIOR TO
 SELLING OR OFFERING FOR SALE IN THE STATE ANY REFRIGERANTS OR  REFRIGER-
 ANT-CONTAINING  APPLIANCES,  AND  SHALL  COMPLY WITH THE REQUIREMENTS OF
 THIS TITLE.
   7. ON OR BEFORE JULY FIRST, TWO THOUSAND  TWENTY-SEVEN,  AND  ANNUALLY
 THEREAFTER,  EACH PRODUCER, GROUP OF PRODUCERS, OR REPRESENTATIVE ORGAN-
 IZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT INCLUDES,  FOR  THE
 S. 6105                             5
 
 PREVIOUS  PROGRAM  YEAR,  A DESCRIPTION OF THE PROGRAM, AN ASSESSMENT OF
 COMPLIANCE WITH THE PROGRAM'S PERFORMANCE GOALS, AND  A  DESCRIPTION  OF
 ANY  MODIFICATIONS  NECESSARY  TO  ACHIEVE SUCH GOALS. SUCH REPORT SHALL
 INCLUDE THE FOLLOWING:
   (A)  A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
 AND PROCESS REFRIGERANTS AND REFRIGERANT-CONTAINING  APPLIANCES  IN  THE
 STATE,  INCLUDING  COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN
 EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C) THE TOTAL VOLUME OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLI-
 ANCES 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;
   (E)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS, A
 DETAILED DESCRIPTION OF EFFORTS UNDERTAKEN TO DISSEMINATE  SUCH  MATERI-
 ALS,  AND  AN  EVALUATION OF SUCH EFFORTS, INCLUDING RECOMMENDATIONS, IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
   (F) ANY MODIFICATIONS NECESSARY TO ACHIEVE INCREASED PARTICIPATION  IN
 THE PROGRAM; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
 § 27-3407. RETAILER REQUIREMENTS.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, NO RETAILER MAY SELL
 OR  OFFER  FOR SALE REFRIGERANTS OR REFRIGERANT-CONTAINING APPLIANCES IN
 THE STATE UNLESS THE PRODUCER OF SUCH REFRIGERANTS  OR  REFRIGERANT-CON-
 TAINING  APPLIANCES IS PARTICIPATING IN A COLLECTION PROGRAM. A RETAILER
 SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE  THE  REFRIGER-
 ANTS  OR  REFRIGERANT-CONTAINING  APPLIANCES  ARE  OFFERED FOR SALE, THE
 PRODUCER IS LISTED  ON  THE  DEPARTMENT'S  WEBSITE  AS  IMPLEMENTING  OR
 PARTICIPATING  IN  AN APPROVED COLLECTION PROGRAM OR IF THE REFRIGERANT-
 CONTAINING APPLIANCE BRAND IS LISTED  ON  THE  DEPARTMENT'S  WEBSITE  AS
 BEING INCLUDED IN THE PROGRAM.
   2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION  SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE WITH
 ALL APPLICABLE LAWS AND REGULATIONS.
 § 27-3409. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3403 OF THIS TITLE,
 (B)  MAINTAIN  A  LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C) POST SUCH
 LISTS ON THE DEPARTMENT'S WEBSITE.
   2. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT SHALL
 POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION SITES  IDENTIFIED  TO
 THE DEPARTMENT BY THE PRODUCER IN ITS PLANS AND ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH PRODUCER PLAN
 APPROVED BY THE DEPARTMENT.
   4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN  AMEND-
 MENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE PLAN AMEND-
 MENT.    IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN  WRITING.  IF  THE
 DEPARTMENT  REJECTS  THE  PLAN  OR  PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION  IN  WRITING  STATING
 THE  REASON  FOR  REJECTING  THE  PLAN  OR PLAN AMENDMENT. A PRODUCER OR
 REPRESENTATIVE ORGANIZATION  WHOSE  PLAN  IS  REJECTED  SHALL  SUBMIT  A
 REVISED  PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
 OF REJECTION. IF THE DEPARTMENT REJECTS  THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
 S. 6105                             6
 
   5.  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-SEVEN  AND EVERY TWO YEARS THEREAFTER. THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A)  THE  STREAM OF REFRIGERANTS AND REFRIGERANT-CONTAINING APPLIANCES
 IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR  REFRIGERANTS
 AND REFRIGERANT-CONTAINING APPLIANCES;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 § 27-3411. LABELING REQUIREMENTS.
   ONE  YEAR  AFTER  THE  PLAN  IS APPROVED BY THE DEPARTMENT PURSUANT TO
 SECTION 27-3409 OF THIS TITLE, REFRIGERANTS  AND  REFRIGERANT-CONTAINING
 APPLIANCES SOLD OR OFFERED FOR SALE IN THE STATE SHALL BE ACCOMPANIED BY
 THE NAME OF THE PRODUCER AND THE PRODUCER'S CONTACT INFORMATION.
 § 27-3413. PENALTIES.
   ANY  PRODUCER  WHO  VIOLATES  ANY PROVISION OF OR FAILS TO PERFORM ANY
 DUTY IMPOSED PURSUANT TO THIS TITLE 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.  CIVIL  PENALTIES  SHALL  BE ASSESSED BY THE
 DEPARTMENT AFTER A HEARING OR OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE
 PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER.
 § 27-3415. NO PREEMPTION OF LOCAL LAW.
   NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
 LOCAL LAW, INCLUDING, BUT NOT LIMITED TO CHAPTER FOUR-E OF TITLE SIXTEEN
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  PROVIDED  THAT  THE
 PROVISIONS OF SUCH LOCAL LAW ARE AT LEAST AS STRINGENT AS THE PROVISIONS
 OF THIS SECTION.
 § 27-3417. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6105--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to said committee -- recommitted to the Committee on
   Environmental Conservation in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the environmental conservation law and the state finance
   law,  in relation to establishing extended producer responsibility for
   household appliances and refrigerants
 
   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 34 to read as follows:
                                  TITLE 34
              EXTENDED PRODUCER RESPONSIBILITY FOR HOUSEHOLD
                        APPLIANCES AND REFRIGERANTS
 SECTION 27-3401. DEFINITIONS.
         27-3403. HOUSEHOLD APPLIANCE AND REFRIGERANT DISPOSAL BAN.
         27-3405. PRODUCER PLAN.
         27-3407. PRODUCER RESPONSIBILITIES.
         27-3409. RETAILER REQUIREMENTS.
         27-3411. DEPARTMENT RESPONSIBILITIES.
         27-3413. POST-CONSUMER REQUIREMENTS.
         27-3415. ENFORCEMENT AND PENALTIES.
         27-3417. PREEMPTION.
         27-3419. RULES AND REGULATIONS.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "BRAND"  MEANS  A  NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10469-05-4
              

 S. 6105--B                          2
 
   2. "BULK REFRIGERANT" MEANS A REGULATED REFRIGERANT IN ANY AMOUNT THAT
 IS IN A CONTAINER FOR THE TRANSPORTATION OR STORAGE  OF  THAT  SUBSTANCE
 SUCH AS CYLINDERS, DRUMS, ISO TANKS, AND SMALL CANS, AS DEFINED UNDER 40
 CFR  § 84. A REGULATED REFRIGERANT THAT MUST FIRST BE TRANSFERRED FROM A
 CONTAINER  TO  ANOTHER CONTAINER, VESSEL, OR PIECE OF EQUIPMENT IN ORDER
 TO REALIZE ITS INTENDED USE IS A BULK REFRIGERANT. THIS DEFINITION  DOES
 NOT  INCLUDE A REGULATED REFRIGERANT IN AN AEROSOL CAN, IN A FOAM, OR IN
 A MANUFACTURED PRODUCT SUCH AS AN APPLIANCE.
   3. "COLLECTION PROGRAM" OR "PROGRAM"  MEANS  A  PROGRAM  FINANCED  AND
 IMPLEMENTED  BY  PRODUCERS,  EITHER INDIVIDUALLY, OR THROUGH A REPRESEN-
 TATIVE ORGANIZATION, THAT PROVIDES FOR,  BUT  IS  NOT  LIMITED  TO,  THE
 COLLECTION, TRANSPORTATION, REUSE, RECYCLING, PROPER END-OF-LIFE MANAGE-
 MENT, OR AN APPROPRIATE COMBINATION THEREOF, OR DISCARDED PRODUCTS.
   4.  "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
 DISCARDED PRODUCTS MAY BE RETURNED BY A CONSUMER. COLLECTION SITES SHALL
 ACCEPT ALL TYPES OF DISCARDED PRODUCTS AS DEFINED BY THIS TITLE  REGARD-
 LESS OF BRAND.
   5. "CLOSED LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED  ARE  RETURNED  TO  THE ORIGINAL PROCESS OR PROCESSES IN WHICH
 THEY WERE GENERATED AND THEY ARE REUSED IN THE PRODUCTION PROCESS.
   6. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES, OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN  INDI-
 VIDUAL,  A  BUSINESS,  CORPORATION,  LIMITED PARTNERSHIP, NOT-FOR-PROFIT
 CORPORATION, THE STATE, A  PUBLIC  CORPORATION,  PUBLIC  SCHOOL,  SCHOOL
 DISTRICT,  PRIVATE  OR  PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES OR GOVERNMENTAL ENTITY.
   7. "COVERED PRODUCT" MEANS ANY PRODUCT THAT IS A HOUSEHOLD  APPLIANCE,
 PRE-CHARGED  EQUIPMENT,  OR  REGULATED  REFRIGERANT,  AS DEFINED IN THIS
 SECTION.
   8. "DESTRUCTION" MEANS THE EXPIRATION OF A  REGULATED  REFRIGERANT  TO
 THE  DESTRUCTION  AND  REMOVAL  EFFICIENCY ACTUALLY ACHIEVED, AS DEFINED
 UNDER 40 CFR § 84.3. SUCH DESTRUCTION MIGHT  RESULT  IN  A  COMMERCIALLY
 USEFUL END PRODUCT, BUT SUCH USEFULNESS WOULD BE SECONDARY TO THE ACT OF
 DESTRUCTION. TECHNOLOGIES USED FOR DESTRUCTION OF REGULATED REFRIGERANTS
 SHOULD BE LIMITED TO FEDERALLY APPROVED DESTRUCTION METHODS UNDER 40 CFR
 § 84.29.
   9.  "DISCARDED  PRODUCT"  MEANS  A COVERED PRODUCT THAT A CONSUMER HAS
 USED AND DISPOSED OF IN THE STATE AND IS NO LONGER USED FOR ITS MANUFAC-
 TURED PURPOSE.
   10. "DISTRIBUTOR" OR "WHOLESALER" MEANS ANY PERSON OR  ENTITY  ENGAGED
 IN  THE DISTRIBUTION, WHOLESALE, SALE, OR OTHER COMMERCIAL FURNISHING OF
 REFRIGERANT IN THE STATE, EXCEPT FOR  SERVICE  TECHNICIANS  TRANSFERRING
 REFRIGERANT TO END-USER CONSUMERS AS PART OF A SERVICE CALL.
   11.  "ENERGY  RECOVERY" MEANS THE PROCESS BY WHICH ALL OR A PORTION OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT CONTENT OR OTHER FORMS OF ENERGY  DERIVED  FROM  SUCH  SOLID  WASTE
 MATERIALS.
   12.  "HOUSEHOLD  APPLIANCE" MEANS ANY APPLIANCE GENERALLY INTENDED FOR
 HOUSEHOLD OR COMMERCIAL USE INCLUDING, BUT NOT LIMITED TO, ANY REFRIGER-
 ATOR, DISHWASHER, RANGE, RANGE HOOD AND VENTILATION, COOKTOP, WALL OVEN,
 MICROWAVE, FREEZER, ICE MAKER, AIR FRYER, DEEP FRYER,  TOASTER,  TOASTER
 OVEN,  BLENDER,  JUICER,  COFFEE  OR ESPRESSO MACHINE, MICROWAVE, MIXER,
 PRESSURE COOKER, WASHING MACHINE FOR CLOTHES, CLOTHES DRYER, AIR  CONDI-
 TIONER, AUDIO OR STEREO EQUIPMENT, VACUUM, ROBOT VACUUM, CORDED CLEANER,
 AIR  PURIFIER,  HUMIDIFIER, SPACE HEATER, ROUTER, MODEM, SECURITY CAMERA
 OR SURVEILLANCE EQUIPMENT, SMART DEVICE INTENDED AS  A  HOME  APPLIANCE,
 S. 6105--B                          3
 
 SEWING MACHINE, TAPE AND VIDEO RECORDER, BOILER OR FURNACE THAT PROVIDES
 HEAT  OR  HOT WATER, AND ANY DEVICE THAT CONTAINS REFRIGERANT AND CAN BE
 USED FOR HOUSEHOLD OR COMMERCIAL PURPOSES INCLUDING, BUT NOT LIMITED TO,
 ANY  ROOM  AIR  CONDITIONER,  HEAT  PUMP, REFRIGERATOR, WATER COOLER, OR
 FREEZER.
   13. "PRODUCER" MEANS ANY PERSON WHO  MANUFACTURES  A  COVERED  PRODUCT
 THAT  IS  SOLD,  OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE UNDER THE
 MANUFACTURER'S OWN NAME OR BRAND.  "PRODUCER" INCLUDES:
   (A) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
 SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS  STATE,  WHETHER  OR  NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   (B)  ANY  PERSON  WHO IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
 THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT  IS  MANUFACTURED
 BY  A  PERSON  WHO  DOES  NOT HAVE A PRESENCE IN THE UNITED STATES. WITH
 RESPECT TO REGULATED REFRIGERANTS, "PRODUCER" MEANS ANY PERSON OR ENTITY
 WHO IS THE FIRST POINT OF SALE FOR REGULATED REFRIGERANTS OR PRE-CHARGED
 EQUIPMENT THAT ARE SOLD, OFFERED FOR  SALE,  DISTRIBUTED,  OR  OTHERWISE
 ENTERED INTO COMMERCE IN THE STATE.
   14. "PRE-CHARGED EQUIPMENT" MEANS ANY REFRIGERATION, AIR CONDITIONING,
 OR  HEAT  PUMP EQUIPMENT OR APPLIANCE CONTAINING A QUANTITY OF REGULATED
 REFRIGERANT THAT IS PRE-CHARGED PRIOR TO SALE OR DISTRIBUTION  OR  OFFER
 FOR SALE OR DISTRIBUTION IN THE STATE.
   15.  "RECLAIMER" MEANS ANY PERSON UNDERTAKING RECLAMATION OF REGULATED
 REFRIGERANTS IN COMPLIANCE  WITH  FEDERAL  REQUIREMENTS,  INCLUDING  ALL
 REQUIREMENTS OF 40 CFR § 84.
   16. "RECLAMATION" OR "RECLAIM", AS DEFINED IN 40 CFR § 84.3, MEANS THE
 REPROCESSING  OF  RECOVERED REGULATED REFRIGERANT TO AT LEAST THE PURITY
 STANDARD IN THE AIR-CONDITIONING, HEATING, AND  REFRIGERATION  INSTITUTE
 (AHRI)  STANDARD 700-2016 AND VERIFYING THIS PURITY USING THE ANALYTICAL
 METHODOLOGY PRESCRIBED IN THE STANDARD, AND MEETS THE RECLAMATION STAND-
 ARD FOR CONTENT OF VIRGIN MATERIAL REFERENCED THEREIN.
   17. "RECOVERY" MEANS THE PROCESS BY WHICH A REGULATED REFRIGERANT  IS:
 (A)  REMOVED,  IN  ANY  CONDITION,  FROM EQUIPMENT; AND (B) STORED IN AN
 EXTERNAL CONTAINER, WITH OR WITHOUT TESTING OR PROCESSING OF  THE  REGU-
 LATED REFRIGERANT.
   18.  "RECOVERY RATE" MEANS THE PROPORTION OF THE TOTAL AMOUNT OF REGU-
 LATED REFRIGERANT THAT IS COLLECTED FOR RECLAMATION OR DESTRUCTION AS  A
 FRACTION  OF THE TOTAL AMOUNT OF REGULATED REFRIGERANT THAT IS AVAILABLE
 FOR RECOVERY FROM EQUIPMENT IN  A  GIVEN  YEAR,  AS  DETERMINED  BY  THE
 DEPARTMENT.
   19.  "RECYCLING"  OR "RECYCLE" 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" OR "RECYCLE"
 DOES NOT INCLUDE: (A) ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS,
 INCLUDING BUT NOT LIMITED TO, COMBUSTION, INCINERATION, PYROLYSIS, GASI-
 FICATION, SOLVOLYSIS, OR WASTE TO  FUEL;  (B)  ANY  CHEMICAL  CONVERSION
 PROCESS; OR (C) LANDFILL DISPOSAL. WHEN REFERRING TO REGULATED REFRIGER-
 ANTS  "RECYCLING"  OR  "RECYCLE"  MEANS  TO  EXTRACT REFRIGERANT FROM AN
 APPLIANCE AND CLEAN THE REFRIGERANT FOR REUSE IN EQUIPMENT OF  THE  SAME
 OWNER WITHOUT MEETING ALL OF THE REQUIREMENTS FOR RECLAMATION. IN GENER-
 AL,  RECYCLED  REFRIGERANT IS CLEANED USING OIL SEPARATION AND SINGLE OR
 MULTIPLE PASSES THROUGH DEVICES, SUCH AS REPLACEABLE CORE FILTER-DRIERS,
 WHICH REDUCE MOISTURE, ACIDITY, AND PARTICULATE MATTER.
   20. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED PRODUCT THAT IS
 MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY  THIS  TITLE,  AND  IS
 S. 6105--B                          4
 
 COMPUTED  BY  DIVIDING  THE  AMOUNT  OF  RECYCLED  OUTPUT  DERIVED  FROM
 COLLECTED COVERED PRODUCT, PLUS ANY POUNDS SENT FOR REUSE BY  THE  ESTI-
 MATED TOTAL OF DISCARDED PRODUCT GENERATED DURING A PROGRAM YEAR.
   21. "REGULATED REFRIGERANT" MEANS ANY FLUORINATED SUBSTANCE CONSISTING
 IN  WHOLE  OR IN PART OF A CLASS I OR CLASS II OZONE-DEPLETING SUBSTANCE
 AS DEFINED BY 42 USC § 7671A R A HYDROFLUOROCARBON  REGULATED  UNDER  42
 USC § 7675 AND BLENDS THEREOF, WHICH ARE USED FOR HEAT TRANSFER PURPOSES
 AND PROVIDE A COOLING OR HEATING EFFECT.
   22.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM.
   23.  "RETAILER"  MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE COVERED
 PRODUCTS TO CONSUMERS IN THE STATE.
   24. "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.
   25.  "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 DONATIONS OR REUSE.
   26. "SERVICE TECHNICIAN" MEANS ANY PERSON WHO IN THE COURSE OF MAINTE-
 NANCE,  SERVICE,  REPAIR,  OR  DISPOSAL  OF  AN  APPLIANCE  OR EQUIPMENT
 CONTAINING REGULATED REFRIGERANT COULD BE REASONABLY EXPECTED TO VIOLATE
 THE INTEGRITY OF THE REFRIGERANT CIRCUIT AND THEREFORE RELEASE REFRIGER-
 ANTS INTO THE ENVIRONMENT. ACTIVITIES REASONABLY EXPECTED TO VIOLATE THE
 INTEGRITY OF A REFRIGERANT CIRCUIT  INCLUDE  BUT  ARE  NOT  LIMITED  TO:
 ATTACHING  OR  DETACHING  HOSES  AND  GAUGES  TO AND FROM THE APPLIANCE;
 ADDING OR REMOVING  REFRIGERANT;  ADDING  OR  REMOVING  COMPONENTS;  AND
 CUTTING THE REFRIGERANT LINE. ACTIVITIES SUCH AS PAINTING THE APPLIANCE,
 REWIRING  AN  EXTERNAL  ELECTRICAL  CIRCUIT,  REPLACING  INSULATION ON A
 LENGTH OF PIPE, OR TIGHTENING NUTS AND BOLTS ARE NOT REASONABLY EXPECTED
 TO VIOLATE THE INTEGRITY OF THE REFRIGERANT CIRCUIT.
 § 27-3403. HOUSEHOLD APPLIANCE AND REFRIGERANT DISPOSAL BAN.
   NO PERSON SHALL KNOWINGLY DISPOSE OF ANY HOUSEHOLD APPLIANCE OR  REGU-
 LATED  REFRIGERANT  AS  SOLID WASTE IN THE STATE AT ANY TIME ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT.
 § 27-3405. PRODUCER PLAN.
   1. NO LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-FIVE,  A
 PRODUCER,  EITHER  INDIVIDUALLY  OR COOPERATIVELY IN A GROUP WITH ONE OR
 MORE PRODUCERS OR WITH A REPRESENTATIVE ORGANIZATION,  SHALL  SUBMIT  TO
 THE  DEPARTMENT  FOR THE DEPARTMENT'S APPROVAL A PLAN FOR THE ESTABLISH-
 MENT OF A COLLECTION PROGRAM THAT MEETS THE REQUIREMENTS OF THE  PROGRAM
 DESCRIBED IN THIS SECTION.
   2. A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS
 NEEDED,  WHEN  THERE  ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW
 PLAN OR AMENDMENT SHALL BE REQUIRED TO BE SUBMITTED  TO  THE  DEPARTMENT
 FOR APPROVAL WHEN:
   (A) THERE IS A REVISION OF THE PROGRAM'S GOALS; OR
   (B) EVERY THREE YEARS FROM THE DATE OF APPROVAL OF A PREVIOUS PLAN.
   3.  THE  PLAN SUBMITTED BY THE PRODUCER OR REPRESENTATIVE ORGANIZATION
 TO THE DEPARTMENT UNDER THIS SECTION SHALL, AT A MINIMUM:
   (A) PROVIDE A LIST OF EACH PARTICIPATING PRODUCER AND  BRANDS  COVERED
 BY THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS COVERED BY THE PROGRAM;
 S. 6105--B                          5
 
   (C)  DESCRIBE  HOW  THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION WILL
 COLLECT, TRANSPORT, RECYCLE, PROCESS COVERED PRODUCTS, AND WITH  RESPECT
 TO  REGULATED  REFRIGERANTS, DESCRIBE HOW THE PRODUCER OR REPRESENTATIVE
 ORGANIZATION WILL SAFELY COLLECT, TRANSPORT, RECLAIM OR  DESTROY  RECOV-
 ERED  REGULATED  REFRIGERANTS,  INCLUDING  IDENTIFYING PROPOSED BROKERS,
 TRANSPORTERS, PROCESSORS, AND FACILITIES TO BE USED BY THE  PROGRAM  FOR
 THE  RECLAMATION, DESTRUCTION, AND FINAL DISPOSITION OF REGULATED REFRI-
 GERANTS;
   (D) DESCRIBE HOW THE  PROGRAM  WILL  PROVIDE  FOR  THE  COLLECTION  OF
 COVERED  PRODUCTS  IN THE STATE, FREE OF COST AND IN A MANNER CONVENIENT
 TO CONSUMERS, INCLUDING HOW THE PROGRAM WILL ACHIEVE, AT  A  MINIMUM,  A
 CONVENIENCE STANDARD THAT ENSURES THAT ALL COUNTIES OF THE STATE AND ALL
 MUNICIPALITIES THAT 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,
 THAT ACCEPTS COVERED PRODUCTS  FROM  CONSUMERS  DURING  NORMAL  BUSINESS
 HOURS;  HOWEVER,  WITH  RESPECT  TO  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE, AFTER CONSULTATION WITH THE DEPARTMENT OF SANITATION OF
 SUCH CITY, THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE CONVEN-
 IENCE STANDARD. THE PRODUCER OR REPRESENTATIVE ORGANIZATION MAY  COORDI-
 NATE THE PROGRAM WITH EXISTING MUNICIPAL WASTE COLLECTION INFRASTRUCTURE
 AS  IS  MUTUALLY AGREEABLE.  CONVENIENCE STANDARDS SHALL BE EVALUATED BY
 THE DEPARTMENT PERIODICALLY AND THE DEPARTMENT  MAY  REQUIRE  ADDITIONAL
 COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
   (E)  DESCRIBE  HOW  A  PRODUCER OR REPRESENTATIVE ORGANIZATION AND ANY
 PERSON HIRED BY A PRODUCER OR REPRESENTATIVE ORGANIZATION  IS  TO  CARRY
 OUT  SERVICES RELATED TO REFRIGERANT RECOVERY, TRANSPORT, COLLECTION, OR
 RECLAMATION MUST MANAGE REGULATED REFRIGERANTS IN  A  MANNER  CONSISTENT
 WITH  BEST  PRACTICES THAT MINIMIZE THE RELEASE INTO THE ENVIRONMENT AND
 IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL REGULATIONS;
   (F) WITH RESPECT TO REGULATED REFRIGERANTS, DESCRIBE HOW A PRODUCER OR
 REPRESENTATIVE MAY SUSPEND OR TERMINATE A COLLECTION SITE THAT DOES  NOT
 ADHERE  TO  THE  COLLECTION  SITE CRITERIA IN THE APPROVED PLAN AND THAT
 POSES AN IMMEDIATE HEALTH AND SAFETY CONCERN. A  PRODUCER  OR  REPRESEN-
 TATIVE  ORGANIZATION  SHALL  NOTIFY  THE  DEPARTMENT  UPON SUSPENDING OR
 TERMINATING A COLLECTION SITE;
   (G) DESCRIBE IN  DETAIL  EDUCATION  AND  OUTREACH  EFFORTS  TO  INFORM
 CONSUMERS  AND  OTHERS  ENGAGED  IN  THE MANAGEMENT OF DISCARDED COVERED
 PRODUCTS ABOUT THE PROGRAM INCLUDING, AT A MINIMUM, AN INTERNET  WEBSITE
 AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMATION INCLUDED AT THE
 TIME OF SALE OF COVERED PRODUCTS THAT PROVIDES SUFFICIENT INFORMATION TO
 ALLOW  A  CONSUMER  TO  LEARN  HOW  TO  RETURN  SUCH COVERED PRODUCT FOR
 DISPOSAL, RECYCLING OR REUSE;
   (H) DESCRIBE THE METHODS TO BE  USED  TO  RECLAIM,  REUSE  OR  RECYCLE
 DISCARDED PRODUCTS;
   (I)  DESCRIBE  THE  METHODS  TO BE USED TO MANAGE OR DESTROY RECOVERED
 REGULATED REFRIGERANTS THAT CANNOT BE RECLAIMED;
   (J) DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF  DISCARDED
 COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
   (K) ESTIMATE THE AMOUNTS OF REGULATED REFRIGERANTS THAT WERE PREVIOUS-
 LY  SOLD,  OFFERED  FOR  SALE,  OR  DISTRIBUTED  IN THE STATE UNDER EACH
 PARTICIPATING PRODUCER'S  NAME  OR  BRAND  IN  THE  STATE  ANNUALLY  AND
 DESCRIBE THE SOURCES OF DATA AND METHODOLOGY FOR ESTIMATING SUCH AMOUNT;
   (L)  (I)  DESCRIBE HOW THE PROGRAM WILL MEET ANNUAL PERFORMANCE GOALS,
 AS DETERMINED BY THE DEPARTMENT, PROVIDED THAT AT A MINIMUM, THE PROGRAM
 SHALL ACHIEVE THE FOLLOWING RECYCLING RATES FOR HOUSEHOLD APPLIANCES:
 S. 6105--B                          6
 
   (A) A THIRTY PERCENT RECYCLING RATE FOR HOUSEHOLD APPLIANCES, OF WHICH
 TEN PERCENT SHALL BE CLOSED LOOP RECYCLING, BY FIVE YEARS AFTER THE PLAN
 IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411 OF THIS TITLE;
   (B)  A FIFTY PERCENT RECYCLING RATE FOR HOUSEHOLD APPLIANCES, OF WHICH
 TWENTY PERCENT SHALL BE CLOSED LOOP RECYCLING BY  TEN  YEARS  AFTER  THE
 PLAN  IS  APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411 OF THIS
 TITLE;
   (C) A SEVENTY-FIVE PERCENT RECYCLING RATE FOR HOUSEHOLD APPLIANCES, OF
 WHICH FORTY PERCENT SHALL BE CLOSED LOOP  RECYCLING,  BY  FIFTEEN  YEARS
 AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-3411
 OF THIS TITLE; AND
   (II)  PROVIDED,  FURTHER, THAT AT A MINIMUM, THE PROGRAM SHALL ACHIEVE
 THE FOLLOWING RECOVERY RATES FOR REGULATED REFRIGERANTS:
   (A) A FIFTY PERCENT RECOVERY RATE FOR REGULATED REFRIGERANTS  BY  FIVE
 YEARS  AFTER  THE  PLAN  IS APPROVED PURSUANT TO SECTION 27-3411 OF THIS
 TITLE;
   (B) A SEVENTY PERCENT RECOVERY RATE FOR REGULATED REFRIGERANTS BY  TEN
 YEARS  AFTER  THE  PLAN  IS APPROVED PURSUANT TO SECTION 27-3411 OF THIS
 TITLE; AND
   (C) A NINETY PERCENT  RECOVERY  RATE  FOR  REGULATED  REFRIGERANTS  BY
 FIFTEEN  YEARS AFTER THE PLAN IS APPROVED PURSUANT TO SECTION 27-3411 OF
 THIS TITLE;
   (M) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (N)  DESCRIBE  THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
   (O) DESCRIBE THE SOURCES OF DATA AND METHODOLOGY  FOR  ESTIMATING  THE
 AMOUNT OF COVERED PRODUCT DISCARDED IN THE STATE ANNUALLY; AND
   (P) ANY OTHER INFORMATION SPECIFIED BY THE DEPARTMENT.
 § 27-3407. PRODUCER RESPONSIBILITIES.
   1.  BEGINNING  NO  LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SIX, THE
 PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT  THE  COLLECTION
 PROGRAM UTILIZING COLLECTION SITES ESTABLISHED PURSUANT TO PARAGRAPH (D)
 OF SUBDIVISION THREE OF SECTION 27-3405 OF THIS TITLE.
   2.  A  PRODUCER SHALL NOT SELL, OR OFFER FOR SALE, COVERED PRODUCTS TO
 ANY PERSON IN THE STATE UNLESS THE PRODUCER IS IMPLEMENTING  OR  PARTIC-
 IPATING UNDER AN APPROVED PLAN.
   3. THE PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT, AND ADEQUATE
 TO  SERVE  THE  NEEDS  OF SUCH CONSUMERS IN ALL AREAS OF THE STATE ON AN
 ONGOING BASIS.
   4. ANY ENTITIES THAT SELL, RESELL, DISTRIBUTE, OR OTHERWISE ENTER INTO
 COMMERCE BULK REFRIGERANTS AFTER THE FIRST POINT OF SALE SHALL  REGISTER
 AS  NON-PRODUCER PARTICIPANTS IN A REPRESENTATIVE ORGANIZATION. THE NON-
 PRODUCER PARTICIPANTS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  REFRIGERANT
 DISTRIBUTORS,  WHOLESALERS,  RECLAIMERS,  AND  SERVICE  TECHNICIANS. THE
 NON-PRODUCER PARTICIPANTS SHALL BE SUBJECT TO REPORTING AND RECORD KEEP-
 ING REQUIREMENTS THAT HELP A  REPRESENTATIVE  ORGANIZATION  FULFILL  ITS
 REPORTING REQUIREMENTS.
   5.  A  PRODUCER  OR REPRESENTATIVE ORGANIZATION 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.  THE  DEPARTMENT  SHALL MAKE SUCH RECORDS AVAILABLE TO THE
 PUBLIC UPON REQUEST IN ACCORDANCE WITH THE PROVISIONS OF THE STATE FREE-
 DOM OF INFORMATION  LAW  AND  THE  REGULATIONS  PROMULGATED  THEREUNDER.
 RECORD  HOLDERS  SHALL  SUBMIT  THE RECORDS REQUIRED TO COMPLY WITH SUCH
 S. 6105--B                          7
 
 REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFICATION BY THE DEPART-
 MENT OF RECEIPT OF THE REQUEST.
   6.  A PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL BE RESPONSIBLE FOR
 ALL COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE COLLECTION  PROGRAM,
 INCLUDING  BUT  NOT  LIMITED  TO  THE  COST OF COLLECTION.   A PRODUCER,
 PRODUCERS, OR REPRESENTATIVE ORGANIZATION SHALL PAY  COSTS  INCURRED  BY
 THE  DEPARTMENT  IN  THE  ADMINISTRATION  AND ENFORCEMENT OF THIS TITLE.
 EXCLUSIVE OF FINES AND PENALTIES, THE DEPARTMENT  SHALL  ONLY  BE  REIM-
 BURSED ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   7.  ANY  PERSON  WHO  BECOMES  A PRODUCER ON OR AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-FIVE SHALL SUBMIT A PLAN TO  THE  DEPARTMENT,
 OR  NOTIFY  THE DEPARTMENT THAT IT HAS JOINED AN EXISTING PLAN, PRIOR TO
 SELLING OR OFFERING FOR SALE IN THE STATE ANY COVERED PRODUCT, AND SHALL
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   8. ON OR BEFORE JULY FIRST, TWO THOUSAND  TWENTY-SEVEN,  AND  ANNUALLY
 THEREAFTER,  A  PRODUCER  OR  REPRESENTATIVE ORGANIZATION SHALL SUBMIT A
 REPORT TO THE DEPARTMENT THAT INCLUDES, FOR THE PREVIOUS PROGRAM YEAR, A
 DESCRIPTION OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO,  THE  FOLLOW-
 ING:
   (A)  A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
 AND  PROCESS  COVERED  PRODUCTS  IN  THE  STATE,   INCLUDING   DETAILING
 COLLECTION  METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
 PROGRAM'S COLLECTION CONVENIENCE;
   (B) IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   (C) THE WEIGHT OF ALL OF THE PRODUCER'S COVERED PRODUCT  COLLECTED  IN
 THE STATE BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER
 METHODS OF PROCESSING OR DISPOSAL;
   (D) AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
 HAVE  BEEN  ACHIEVED AND A DESCRIPTION OF ANY MODIFICATIONS NECESSARY TO
 ACHIEVE SUCH GOALS;
   (E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
   (F) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS,  A
 DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF METHODS USED TO
 DISSEMINATE  SUCH  MATERIALS, INCLUDING RECOMMENDATIONS, IF ANY, FOR HOW
 THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
 § 27-3409. RETAILER REQUIREMENTS.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, NO RETAILER MAY SELL
 OR OFFER FOR SALE COVERED PRODUCTS IN THE STATE UNLESS THE  PRODUCER  OF
 SUCH COVERED PRODUCT IS PARTICIPATING IN A COLLECTION PROGRAM. A RETAIL-
 ER  SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE DATE THE COVERED
 PRODUCT WAS OFFERED FOR SALE, THE PRODUCER IS LISTED ON THE DEPARTMENT'S
 WEBSITE AS IMPLEMENTING OR PARTICIPATING IN AN APPROVED  PROGRAM  OR  IF
 THE COVERED PRODUCT BRAND IS LISTED ON THE DEPARTMENT'S WEBSITE AS BEING
 INCLUDED IN THE PROGRAM.
   2. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A DESIGNATED
 COLLECTION  SITE PURSUANT TO A COLLECTION PROGRAM AND IN ACCORDANCE WITH
 ALL APPLICABLE LAWS AND REGULATIONS.
   3. RETAIL ESTABLISHMENTS, REFRIGERANT SERVICE PROVIDERS, PRODUCERS, OR
 REPRESENTATIVE ORGANIZATIONS MAY NOT CHARGE A POINT-OF-SALE TO CONSUMERS
 TO COVER THE ADMINISTRATIVE OR OPERATIONAL COSTS OF THE PROGRAM.
 § 27-3411. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL (A) MAINTAIN  A  LIST  OF  PRODUCERS  WHO  ARE
 IMPLEMENTING OR PARTICIPATING PURSUANT TO SECTION 27-3405 OF THIS TITLE,
 (B)  MAINTAIN  A  LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C) POST SUCH
 LISTS ON THE DEPARTMENT'S WEBSITE.
 S. 6105--B                          8
 
   2. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT SHALL
 POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION SITES  IDENTIFIED  TO
 THE DEPARTMENT BY THE PRODUCER IN ITS PLANS AND ANNUAL REPORTS.
   3.  THE  DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH PRODUCER PLAN
 APPROVED BY THE DEPARTMENT.
   4. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN  AMEND-
 MENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE PLAN AMEND-
 MENT.    IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN  WRITING.  IF  THE
 DEPARTMENT  REJECTS  THE  PLAN  OR  PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION  IN  WRITING  STATING
 THE  REASON  FOR  REJECTING  THE  PLAN  OR PLAN AMENDMENT. A PRODUCER OR
 REPRESENTATIVE ORGANIZATION  WHOSE  PLAN  IS  REJECTED  SHALL  SUBMIT  A
 REVISED  PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A NOTICE
 OF REJECTION. IF THE DEPARTMENT REJECTS  THE  SUBSEQUENT  PROPOSAL,  THE
 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
   5.  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-SEVEN  AND EVERY TWO YEARS THEREAFTER. THE
 REPORT SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF:
   (A) THE STREAM OF COVERED PRODUCTS IN THE STATE;
   (B) RECLAMATION AND DESTRUCTION  RATES  IN  THE  STATE  FOR  REGULATED
 REFRIGERANTS;
   (C)  DISPOSAL,  RECYCLING  AND  REUSE  RATES  IN THE STATE FOR COVERED
 PRODUCTS;
   (D) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (E) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
   6. STARTING FOUR YEARS AFTER THE PLAN IS APPROVED  BY  THE  DEPARTMENT
 PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL IMPOSE A PENALTY OF TWEN-
 TY-FIVE  CENTS  PER  POUND   TO BE ASSESSED ON THE PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION FOR THE NUMBER OF ADDITIONAL POUNDS OF COVERED PROD-
 UCT THAT WOULD HAVE BEEN NEEDED TO BE RECYCLED THROUGH  THE  PROGRAM  TO
 ACHIEVE  THE  PERFORMANCE  GOALS  SPECIFIED  IN THE APPROVED STEWARDSHIP
 PLAN. ALL PENALTIES COLLECTED PURSUANT TO THIS  SECTION  SHALL  BE  PAID
 OVER  TO  THE COMMISSIONER FOR DEPOSIT TO THE DEDICATED HOUSEHOLD APPLI-
 ANCES AND REGULATED REFRIGERANTS FUND ESTABLISHED  PURSUANT  TO  SECTION
 NINETY-SEVEN-UUUU OF THE STATE FINANCE LAW.
 § 27-3413. POST-CONSUMER REQUIREMENTS.
   ALL  COVERED PRODUCTS SOLD IN THE STATE SHALL BE MANUFACTURED WITH THE
 FOLLOWING MINIMUM AMOUNTS FROM POST-CONSUMER SOURCES:
   1. WITHIN ONE YEAR AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSU-
 ANT TO SECTION 27-3411 OF THIS TITLE, A MINIMUM OF TEN PERCENT POST-CON-
 SUMER CONTENT;
   2. WITHIN FOUR YEARS THEREAFTER, A MINIMUM OF TWENTY PERCENT POST-CON-
 SUMER CONTENT; AND
   3. FIVE YEARS THEREAFTER, A MINIMUM OF  THIRTY  PERCENT  POST-CONSUMER
 CONTENT.
 § 27-3415. ENFORCEMENT AND PENALTIES.
   1.  ANY PRODUCER, REPRESENTATIVE ORGANIZATION OR RETAILER WHO VIOLATES
 ANY PROVISIONS OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO  THIS
 TITLE  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 VIOLATIONS CONTINUE.
 CIVIL  PENALTIES  SHALL BE ASSESSED BY THE DEPARTMENT AFTER A HEARING OR
 S. 6105--B                          9
 
 OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF
 THIS CHAPTER.
   2.  IN  A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, SUCH CITY
 SHALL, IN ADDITION TO ANY AUTHORITY OTHERWISE CONFERRED IN THIS CHAPTER,
 HAVE CONCURRENT AUTHORITY TO ENFORCE, BY AN AGENCY  OR  AGENCIES  DESIG-
 NATED  FOR  SUCH  PURPOSE  BY  THE MAYOR OF SUCH CITY, THE PROVISIONS OF
 SECTIONS 27-3403 AND 27-3409 OF THIS  TITLE.  ANY  NOTICE  OF  VIOLATION
 ISSUED  BY  AN  AGENCY  DESIGNATED  BY THE MAYOR OF SUCH CITY CHARGING A
 VIOLATION OF SECTION 27-3403 OR 27-3409 OF THIS TITLE SHALL  BE  RETURN-
 ABLE TO THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY. SUCH ENVIRONMENTAL
 CONTROL  BOARD  SHALL  HAVE  THE POWER TO IMPOSE THE CIVIL PENALTIES SET
 FORTH IN SUBDIVISION ONE OF THIS SECTION. ALL CIVIL PENALTIES  COLLECTED
 FOR  ANY  VIOLATION OF THIS TITLE THAT HAVE BEEN IMPOSED BY THE ENVIRON-
 MENTAL CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL FUND OF
 SUCH CITY.
 § 27-3417. PREEMPTION.
   NOTHING IN THIS TITLE SHALL BE DEEMED TO  PREEMPT  CHAPTER  FOUR-E  OF
 TITLE SIXTEEN OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
 § 27-3419. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
   § 2. The state finance law is amended by adding a new section  97-uuuu
 to read as follows:
   §  97-UUUU.  HOUSEHOLD  APPLIANCES  AND REGULATED REFRIGERANT EXTENDED
 PRODUCER RESPONSIBILITY FUND. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION A SPECIAL FUND TO BE KNOWN AS THE "HOUSEHOLD  APPLI-
 ANCES AND REGULATED REFRIGERANT EXTENDED PRODUCER RESPONSIBILITY FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL REVENUES RECEIVED BY THE COMP-
 TROLLER, PURSUANT TO THE PROVISIONS OF SECTION 27-3411 OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM
 ANY OTHER FUND OR SOURCE PURSUANT TO  LAW.  NOTHING  CONTAINED  IN  THIS
 SECTION  SHALL  PREVENT  THE  STATE  FROM  RECEIVING  GRANTS,  GIFTS, OR
 BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED  IN  THIS  SECTION  AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  THE  MONEYS  OF THE HOUSEHOLD APPLIANCES AND REGULATED REFRIGERANT
 EXTENDED PRODUCER RESPONSIBILITY FUND, FOLLOWING  APPROPRIATION  BY  THE
 LEGISLATURE,  SHALL  BE  ALLOCATED  FOR THE DIRECT COSTS ASSOCIATED WITH
 EXTENDED PRODUCER RESPONSIBILITY FOR HOUSEHOLD APPLIANCES AND  REGULATED
 REFRIGERANTS  PURSUANT  TO  TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   4. THE STATE COMPTROLLER MAY INVEST ANY MONEYS IN THE HOUSEHOLD APPLI-
 ANCES AND REGULATED REFRIGERANT EXTENDED  PRODUCER  RESPONSIBILITY  FUND
 NOT  EXPENDED  FOR  THE PURPOSE OF THIS SECTION AS PROVIDED BY LAW.  THE
 STATE COMPTROLLER SHALL CREDIT ANY INTEREST AND INCOME DERIVED FROM  THE
 DEPOSIT  AND  INVESTMENT OF MONEYS IN THE HOUSEHOLD APPLIANCES AND REGU-
 LATED REFRIGERANT EXTENDED PRODUCER RESPONSIBILITY FUND TO THE HOUSEHOLD
 APPLIANCES AND REGULATED REFRIGERANT  EXTENDED  PRODUCER  RESPONSIBILITY
 FUND.
   5.  ANY  UNEXPECTED AND UNENCUMBERED MONEYS REMAINING IN THE HOUSEHOLD
 APPLIANCES AND REGULATED REFRIGERANT  EXTENDED  PRODUCER  RESPONSIBILITY
 FUND  AT  THE  END OF A FISCAL YEAR SHALL REMAIN IN THE HOUSEHOLD APPLI-
 ANCES AND REGULATED REFRIGERANT EXTENDED  PRODUCER  RESPONSIBILITY  FUND
 AND SHALL NOT BE CREDITED TO ANY OTHER FUND.
   § 3. Section 71-1701 of the environmental conservation law, is amended
 to read as follows:
 S. 6105--B                         10
 
 § 71-1701. Applicability of this title.
   This  title shall be applicable to the enforcement of titles 1 through
 11 and titles 15 through 19 of  article  17;  article  19;  and  [title]
 TITLES 1 AND 34 of article 27 OF THIS CHAPTER.
   § 4. Section 71-1701 of the environmental conservation law, as amended
 by chapter 795 of the laws of 2022, is amended to read as follows:
 § 71-1701. Applicability of this title.
   This  title shall be applicable to the enforcement of titles 1 through
 11 and titles 15 through 19 of article 17;  article  19;  and  titles  1
 [and], 33 AND 34 of article 27 OF THIS CHAPTER.
   §  5.  This  act shall take effect immediately; provided, however, the
 amendments to section 71-1701 of the environmental conservation law made
 by section four of this act shall take effect on the same  date  and  in
 the  same  manner as section 2 of chapter 795 of the laws of 2022, takes
 effect.