NY State Senate Bill 2023-S6540

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Jan 03, 2024	referred to environmental conservation
Apr 26, 2023	referred to environmental conservation

2023-S6540 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd Art 27 Art Head, §§27-0101 & 71-1701, add Art 27 Title 16 §§27-1601 - 27-1617, En Con L; add §92-kk, St Fin L

2023-S6540 (ACTIVE) - Summary

Establishes extended producer responsibility for designated products; establishes the extended producer responsibility program fund.

2023-S6540 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6540

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing an extended producer responsibility program for designated
products; and to amend the state finance law, in relation to establish-
ing an extended producer responsibility program fund

 
PURPOSE OF BILL:

This bill provides a framework for extended producer responsibility that
would permit the Department of Environmental Conservation to designate
products for which producers would be responsible for collection and
reuse, recycling, or disposal.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the heading of article 27 of the environ-
mental conservation law to read as Reduction, Collection, Reuse, Recycl-
ing, Treatment and Disposal of Solid Waste and Extended Producer Respon-

sibility.

Section two of the bill amends section 27-0101 of the environmental
conservation law to state that it is a purpose of the legislature to
promote extended producer responsibility (EPR) in New York and to set
forth the beneficial effects of EPR programs.

Section three of the bill amends article 27 of the environmental conser-
vation law by adding a new title 16, which provides for extended produc-
er responsibility programs for products to be designated by the depart-
ment of environmental conservation (DEC) and a method by which products
to be covered by such a program are to be designated.

Section 27-1601 of the new title sets forth definitions.

Section 27-1603 of the new title requires producers of products desig-
nated to be covered by an EPR program to submit collection plans for the
approval of the DEC.

Section 27-1605 of the new title specifies responsibilities of produc-
ers.

Section 27-1607 of the new title specifies responsibilities of retail-
ers, distributors, and wholesalers.

Section 27-1609 of the new title specifies the responsibilities of the
DEC.

Section 27-1611 of the new title authorizes DEC to promulgate any rules
and regulations necessary to implement the new title.

Section 27-1613 of the new title provides for penalties for failure to
comply.

Section 27-1615 of the new title requires the DEC to publish a yearly
report that reviews and evaluates existing EPR programs in the state,
and to designate any additional products or product categories that are
to be covered by EPR requirements in the future. Section 27-1615
provides that such designation goes into effect on the date determined
by the DEC unless the legislature modifies the date or rejects the
proposed designation.

Section 27-1617 of the new title provides for severability.

Section four of the bill amends the state finance law by adding new
section 92-kk establishing the extended producer responsibility program
fund.

Sections five and six of the bill amend section 71-1701 of the environ-
mental conservation law to add the new title 16 to the provisions to
which title 17 of article 71 apply.

Section seven of the bill sets forth the effective date.

 
JUSTIFICATION:

Extended producer responsibility (EPR) is an approach that holds
manufacturers and producers responsible for the life cycle of their
products, including post-consumer disposal, while also incentivizing
manufacturers and producers to design products that are easier to reuse,
recycle, or dispose of safely. EPR programs shift the financial costs of
disposing of such products from municipalities onto the manufacturers
and producers.

EPR programs also help reduce the negative environmental impact of
products and create economic benefits. Production processes that extract
or create new materials that are incorporated into products that are
then used and disposed of contribute to climate change and the depletion
of the planet's finite resources. The incentives EPR provides for
producers to design products with post-consumer collection, recycling,
or disposal in mind can lead to a reduction in waste, as well as an
increase in the use of sustainable materials and production methods.
Producers can reduce their reliance on non-renewable resources and
increase their efficiency, leading to cost savings that can be passed on
to the consumers. In conjunction with the creation of economic benefits,
EPR can create good jobs and careers in the recycling and waste manage-
ment sectors and support local economies.

To date, the legislature has enacted laws that create EPR for specific
products, such as carpeting (enacted in 2022). This bill, by creating a
framework for DEC to study the feasibility and potential benefits of EPR
for other products on an ongoing basis, and designate certain products
to be included in EPR programs, will help ensure that New York keeps up
with best practices in recycling and disposal techniques and realizes
the full potential of EPR to save localities money, to reuse, recycle,
and dispose of products safely, to promote good jobs and a vibrant econ-
omy, and to achieve the state's goals to mitigate contributions to
climate change and conserving resources.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

The State costs of any EPR programs for products designated pursuant to
the new title would be borne by the producers; localities would likely
save money on disposal costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6540 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6540
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 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  an  extended  producer responsibility program for desig-
   nated products; and to amend the state finance  law,  in  relation  to
   establishing an extended producer responsibility program fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of  article  27  of  the  environmental
 conservation law is amended to read as follows:
                 REDUCTION, COLLECTION, REUSE, RECYCLING,
       TREATMENT AND DISPOSAL OF [REFUSE AND OTHER] SOLID WASTE AND
                     EXTENDED PRODUCER RESPONSIBILITY
   §  2. Section 27-0101 of the environmental conservation law is amended
 by adding a new subdivision 3 to read as follows:
   3. IT IS FURTHERMORE THE PURPOSE OF THE LEGISLATURE OF  THE  STATE  OF
 NEW  YORK  TO  PROMOTE  EXTENDED  PRODUCER  RESPONSIBILITY  FOR  CERTAIN
 PRODUCTS. EXTENDED PRODUCER RESPONSIBILITY IS  A  STATUTORY  REQUIREMENT
 THAT  EXTENDS  THE RESPONSIBILITY BORNE BY PRODUCERS OF PRODUCTS USED IN
 THE STATE OF NEW YORK FOR THE POST-CONSUMER MANAGEMENT OF SUCH PRODUCTS,
 THROUGH PROGRAMS APPROVED BY THE DEPARTMENT.  SUCH  A  REQUIREMENT:  (A)
 SHIFTS  FINANCIAL RESPONSIBILITY AWAY FROM TAXPAYERS AND MUNICIPALITIES;
 (B) INCENTIVIZES PRODUCERS TO INCORPORATE  ENVIRONMENTAL  CONSIDERATIONS
 INTO  THE  CREATION  OF  THEIR  PRODUCTS, SUCH AS DESIGNING PRODUCTS FOR
 DURABILITY, REUSE, REMANUFACTURING, AND RECYCLING; (C)  PROMOTES  HIGHER
 RATES  OF  RESOURCE  RECOVERY,  REUSE, AND RECYCLING AND ENVIRONMENTALLY
 RESPONSIBLE DISPOSAL; AND (D) ENCOURAGES COLLABORATION, EFFICIENCY,  AND
 EQUITABLE  APPLICATION  OF  THE  LOGISTICAL AND FINANCIAL OBLIGATIONS OF
 ADDRESSING ENVIRONMENTAL CONSIDERATION AMONG VARIOUS PRODUCERS  WHO  MAY
 BE COMPETITORS IN THE MARKETPLACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10904-02-3
 S. 6540                             2

 
   §  3.  Article  27 of the environmental conservation law is amended by
 adding a new title 16 to read as follows:
                                 TITLE 16
         EXTENDED PRODUCER RESPONSIBILITY FOR DESIGNATED PRODUCTS
 SECTION 27-1601. DEFINITIONS.
         27-1603. PRODUCER PLAN.
         27-1605. PRODUCER RESPONSIBILITIES.
         27-1607. RETAILER, DISTRIBUTOR, AND WHOLESALER RESPONSIBILITIES.
         27-1609. DEPARTMENT RESPONSIBILITIES.
         27-1611. RULES AND REGULATIONS.
         27-1613. ENFORCEMENT AND PENALTIES.
         27-1615. REPORT  AND  DESIGNATION OF ADDITIONAL COVERED PRODUCTS
                    OR PRODUCT CATEGORIES.
         27-1617. SEVERABILITY.
 § 27-1601. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES A PROD-
 UCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CLOSED-LOOP RECYCLING" MEANS RECYCLING IN WHICH MATERIALS THAT ARE
 RECLAIMED ARE RETURNED TO  THE ORIGINAL PROCESS OR PROCESSES THAT GENER-
 ATED THEM, AND REUSED IN THE PRODUCTION PROCESS.
   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,  OF  DISCARDED COVERED
 PRODUCTS.
   4. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT  WHICH
 DISCARDED COVERED PRODUCTS MAY BE RETURNED BY A CONSUMER.
   5. "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.
   6.  "COVERED  PRODUCT"  MEANS A PRODUCT DESIGNATED AS SUCH PURSUANT TO
 SECTION 27-1615 OF THIS TITLE.
   7. "COVERED PRODUCT EFFECTIVE DATE" MEANS THE DATE  SPECIFIED  BY  THE
 DEPARTMENT  PURSUANT TO SUBDIVISION TWO OF SECTION 27-1615 OF THIS TITLE
 AS THE DATE ON WHICH A PRODUCT SHALL BE DESIGNATED A COVERED PRODUCT, OR
 ANY ALTERNATIVE DATE ADOPTED BY RESOLUTION OF THE  LEGISLATURE  PURSUANT
 TO SUBDIVISION FOUR OF SECTION 27-1615 OF THIS TITLE.
   8.  "DISCARDED  COVERED  PRODUCT"  MEANS  A COVERED PRODUCT THAT IS NO
 LONGER USED FOR ITS MANUFACTURED PURPOSE.
   9. "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR  OTHERWISE
 ACQUIRES  COVERED  PRODUCTS  FROM  ANOTHER SOURCE AND SELLS OR OFFERS TO
 SELL A COVERED PRODUCT TO RETAILERS IN THIS STATE.
   10. "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.
   11. "PRODUCER" MEANS  ANY  PERSON  WHO  MANUFACTURES  OR  RENOVATES  A
 COVERED  PRODUCT  THAT  IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE
 STATE UNDER THE MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
 S. 6540                             3
 
   (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.
   12. "PRODUCT" MEANS AN ITEM SOLD WITHIN THE STATE.
   13. "PRODUCT CATEGORY" MEANS A GROUP OF SIMILAR PRODUCTS.
   14. "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
 OR IS PRODUCTION, COMMERCIAL OR FINANCIAL INFORMATION, THAT IF DISCLOSED
 WOULD  IMPAIR  THE  COMPETITIVE  POSITION  OF  A PRODUCER AND WOULD MAKE
 AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
   15. "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.
   16.  "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.  THE RECYCLING
 RATE  MAY  BE COMPUTED BASED ON THE NUMBER OF ITEMS DISCARDED, RECYCLED,
 AND MANAGED OR BASED ON THE WEIGHT OR VOLUME OF SUCH  ITEMS,  AS  DETER-
 MINED BY THE DEPARTMENT PURSUANT TO SECTION 27-1615 OF THIS TITLE.
   17.  "REPRESENTATIVE ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 ESTABLISHED  BY  A  PRODUCER  OR  GROUP  OF  PRODUCERS  TO  IMPLEMENT  A
 COLLECTION PROGRAM REQUIRED PURSUANT TO THIS TITLE.
   18. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   19. "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.
   20. "SALE" OR "SELL" MEANS A TRANSFER OF TITLE TO  A  COVERED  PRODUCT
 FOR  CONSIDERATION,  INCLUDING  A  REMOTE SALE CONDUCTED THROUGH A SALES
 OUTLET, CATALOG, WEBSITE, OR SIMILAR ELECTRONIC MEANS. "SALE" OR  "SELL"
 INCLUDES  A  LEASE  THROUGH  WHICH  A  COVERED  PRODUCT IS PROVIDED TO A
 CONSUMER BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
 § 27-1603. PRODUCER PLAN.
   1. ON OR BEFORE THE COVERED PRODUCT EFFECTIVE DATE SET BY THE  DEPART-
 MENT  OR  BY  JOINT  RESOLUTION  OF  THE LEGISLATURE PURSUANT TO SECTION
 27-1615 OF THIS TITLE, A PRODUCER, EITHER INDIVIDUALLY OR  JOINTLY  WITH
 ONE OR MORE PRODUCERS, OR A REPRESENTATIVE ORGANIZATION SHALL SUBMIT FOR
 THE  DEPARTMENT'S  APPROVAL A PLAN FOR THE ESTABLISHMENT OF A COLLECTION
 PROGRAM  THAT  MEETS  THE  COLLECTION  REQUIREMENTS  DESCRIBED  IN  THIS
 SECTION.
   2.  A PRODUCER MAY SATISFY THE COLLECTION PROGRAM REQUIREMENTS OF THIS
 SECTION BY AGREEING TO PARTICIPATE JOINTLY  WITH  OTHER  PRODUCERS.  ANY
 SUCH JOINT COLLECTION PROGRAM SHALL NOTIFY THE DEPARTMENT.
   3. 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:
 S. 6540                             4
 
   (A) THERE IS A REVISION OF THE PROGRAM'S GOALS; AND
   (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 PRODUCER AND BRAND COVERED BY
 THE PROGRAM;
   (B) PROVIDE INFORMATION ON THE PRODUCTS INCLUDED IN THE PROGRAM;
   (C) DESCRIBE HOW THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  WILL
 COLLECT, TRANSPORT, RECYCLE, AND PROCESS DISCARDED COVERED PRODUCTS;
   (D)  DESCRIBE HOW THE PROGRAM WILL PROVIDE FOR COLLECTION OF DISCARDED
 COVERED PRODUCTS IN THE STATE, FREE OF COST AND IN A  MANNER  CONVENIENT
 TO  CONSUMERS  IN ALL AREAS OF THE STATE, INCLUDING HOW THE PROGRAM WILL
 ACHIEVE, AT A MINIMUM, A CONVENIENCE STANDARD  WHICH  ENSURES  THAT  ALL
 COUNTIES  OF THE STATE AND ALL MUNICIPALITIES WHICH HAVE A POPULATION OF
 TEN THOUSAND OR GREATER HAVE AT LEAST ONE PERMANENT COLLECTION SITE  AND
 ONE  ADDITIONAL  PERMANENT  COLLECTION  SITE  FOR  EVERY THIRTY THOUSAND
 PEOPLE LOCATED IN  THOSE  AREAS,  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 CONVENIENCE STANDARD.  THE PRODUCER  OR  REPRE-
 SENTATIVE  ORGANIZATION MAY COORDINATE THE PROGRAM WITH EXISTING MUNICI-
 PAL WASTE COLLECTION INFRASTRUCTURE AS IS  MUTUALLY  AGREEABLE.  CONVEN-
 IENCE  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, AND PERSONS 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 THE COVERED PRODUCT THAT  PROVIDES SUFFICIENT INFORMA-
 TION TO ALLOW A CONSUMER TO LEARN HOW TO RETURN SUCH COVERED PRODUCT FOR
 DISPOSAL, RECYCLING OR REUSE;
   (F) DESCRIBE THE METHODS TO BE USED  TO  REUSE  OR  RECYCLE  DISCARDED
 COVERED PRODUCTS;
   (G)  DESCRIBE THE METHODS TO BE USED TO MANAGE OR DISPOSE OF DISCARDED
 COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
   (H) 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 DISCARDED COVERED PRODUCTS  OF
 WHICH TEN PERCENT SHALL BE CLOSED-LOOP RECYCLING BY FIVE YEARS AFTER THE
 PLAN  IS  APPROVED BY THE DEPARTMENT PURSUANT TO SECTION 27-1609 OF THIS
 TITLE;
   (II) A FIFTY PERCENT RECYCLING RATE FOR DISCARDED COVERED PRODUCTS  OF
 WHICH  TWENTY  PERCENT SHALL BE CLOSED-LOOP RECYCLING BY TEN YEARS AFTER
 THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO  SECTION  27-1609  OF
 THIS TITLE; AND
   (III)  A  SEVENTY-FIVE  PERCENT  RECYCLING  RATE FOR DISCARDED COVERED
 PRODUCTS, OF WHICH FORTY  PERCENT  SHALL  BE  CLOSED-LOOP  RECYCLING  BY
 FIFTEEN  YEARS  AFTER THE PLAN IS APPROVED BY THE DEPARTMENT PURSUANT TO
 SECTION 27-1609 OF THIS TITLE;
   (I) DESCRIBE WHAT, IF  ANY,  INCENTIVES  WILL  BE  USED  TO  ENCOURAGE
 RETAILER PARTICIPATION;
   (J)  DESCRIBE  THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
 ENCOURAGE MUNICIPAL LANDFILL AND TRANSFER STATION PARTICIPATION;
 S. 6540                             5
 
   (K) DESCRIBE THE SOURCES OF DATA AND METHODOLOGY  FOR  ESTIMATING  THE
 AMOUNT OF DISCARDED COVERED PRODUCTS IN THE STATE ANNUALLY; AND
   (L) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT.
 § 27-1605. PRODUCER RESPONSIBILITIES.
   1.  BEGINNING  ON  THE  LATER OF THE DATE SIX MONTHS AFTER THE COVERED
 PRODUCT EFFECTIVE DATE OR THREE MONTHS AFTER  THE  DATE  THE  DEPARTMENT
 APPROVES A PLAN SUBMITTED FOR A GIVEN COVERED PRODUCT PURSUANT TO SUBDI-
 VISION  ONE  OF SECTION 27-1603 OF THIS TITLE, THE PRODUCER OR REPRESEN-
 TATIVE ORGANIZATION SHALL IMPLEMENT THE COLLECTION PROGRAM DESCRIBED  IN
 THE  PLAN  APPROVED BY THE DEPARTMENT, AND A PRODUCER SHALL NOT SELL, OR
 OFFER FOR SALE, A COVERED PRODUCT TO ANY PERSON IN THE STATE UNLESS  THE
 PRODUCER IS IMPLEMENTING OR PARTICIPATING IN AN APPROVED PLAN.
   2.  THE  COLLECTION PROGRAM SHALL BE FREE TO THE CONSUMER, CONVENIENT,
 AND ADEQUATE TO SERVE THE NEEDS OF CONSUMERS IN ALL AREAS OF  THE  STATE
 ON AN ONGOING BASIS.
   3.  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
 FREEDOM  OF  INFORMATION LAW AND THE REGULATIONS PROMULGATED THEREUNDER.
 RECORD HOLDERS SHALL SUBMIT THE RECORDS  REQUIRED  TO  COMPLY  WITH  THE
 REQUEST WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFICATION BY THE DEPART-
 MENT OF RECEIPT OF THE REQUEST.
   4.  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 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 REIMBURSED ITS  ACTUAL  COST
 OF ADMINISTRATION AND ENFORCEMENT.
   5.  ANY  PERSON WHO BECOMES A PRODUCER ON OR AFTER THE COVERED PRODUCT
 EFFECTIVE DATE SHALL SUBMIT A PLAN TO THE DEPARTMENT PURSUANT TO  SUBDI-
 VISION  ONE  OF  SECTION 27-1603 OF THIS TITLE  OR NOTIFY THE DEPARTMENT
 THAT IT HAS JOINED AN EXISTING PLAN APPROVED BY THE DEPARTMENT, PRIOR TO
 SELLING OR OFFERING FOR SALE IN THE STATE ANY COVERED PRODUCT, AND SHALL
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   6. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR SUCCEEDING A YEAR IN WHICH
 A PRODUCER  OR  REPRESENTATIVE  ORGANIZATION'S  COLLECTION  PROGRAM  WAS
 REQUIRED  TO BE IN EFFECT FOR A COVERED PRODUCT, SUCH PRODUCER OR REPRE-
 SENTATIVE ORGANIZATION SHALL SUBMIT A  REPORT  TO  THE  DEPARTMENT  THAT
 INCLUDES,  FOR  SUCH  YEAR, A DESCRIPTION OF THE PROGRAM, INCLUDING, BUT
 NOT LIMITED TO:
   (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  OR  NUMBER  OF  ITEMS,  WHICHEVER IS REQUIRED BY THE
 DEPARTMENT, OF ALL OF THE PRODUCER'S COVERED PRODUCTS COLLECTED  IN  THE
 STATE  BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING, CLOSED-LOOP
 RECYCLING, AND OTHER METHODS OF PROCESSING OR DISPOSAL;
   (D) AN ASSESSMENT OF THE EXTENT TO WHICH  THE  PERFORMANCE  GOALS  AND
 RECYCLING  RATES  HAVE  BEEN ACHIEVED AND A DESCRIPTION OF ANY MODIFICA-
 TIONS NECESSARY TO ACHIEVE SUCH GOALS;
   (E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
 S. 6540                             6
 
   (F) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS  AND  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; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
 § 27-1607. RETAILER, DISTRIBUTOR, AND WHOLESALER RESPONSIBILITIES.
   1.  NO RETAILER, DISTRIBUTOR, OR WHOLESALER MAY SELL OR OFFER FOR SALE
 COVERED PRODUCTS IN THE STATE AFTER THE COVERED PRODUCT  EFFECTIVE  DATE
 SET  PURSUANT  TO  SECTION  27-1615 OF THIS TITLE UNLESS THE PRODUCER OF
 SUCH COVERED PRODUCT IS IN COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS
 TITLE.  A  RETAILER  SHALL BE IN COMPLIANCE WITH THIS SECTION IF, ON THE
 DATE THE COVERED PRODUCT IS OFFERED FOR SALE, THE PRODUCER OR  BRAND  OF
 THE  COVERED PRODUCT IS LISTED ON THE DEPARTMENT'S WEBSITE AS HAVING MET
 ITS REQUIREMENTS UNDER THIS TITLE TO SUBMIT AND  IMPLEMENT  AN  APPROVED
 PLAN FOR A COLLECTION PROGRAM.
   2.  ANY  RETAILER,  DISTRIBUTOR,  OR  WHOLESALER MAY PARTICIPATE, ON A
 VOLUNTARY  BASIS,  AS  A  DESIGNATED  COLLECTION  SITE  PURSUANT  TO   A
 COLLECTION  PROGRAM  AND  IN  ACCORDANCE  WITH APPLICABLE LAWS AND REGU-
 LATIONS.
 § 27-1609. DEPARTMENT RESPONSIBILITIES.
   1. THE DEPARTMENT SHALL (A) MAINTAIN A LIST OF  PRODUCERS  OF  COVERED
 PRODUCTS  WHO  HAVE SUBMITTED PLANS THAT ARE PENDING APPROVAL AND A LIST
 OF PRODUCERS OF COVERED PRODUCTS WHO ARE IMPLEMENTING  OR  PARTICIPATING
 IN  AN  APPROVED  PLAN  PURSUANT TO SECTIONS 27-1603 AND 27-1605 OF THIS
 TITLE, (B) MAINTAIN A LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C)  POST
 SUCH LISTS ON THE DEPARTMENT'S WEBSITE.
   2.  THE  DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE THE LOCATION OF ALL
 COLLECTION SITES IDENTIFIED TO THE DEPARTMENT  BY  A  PRODUCER  IN  SUCH
 PRODUCER'S APPROVED 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 DEPARTMENT APPROVES A PLAN OR PLAN AMENDMENT, THE DEPART-
 MENT  SHALL  NOTIFY  THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IN
 WRITING. IF THE DEPARTMENT REJECTS A PLAN OR PLAN AMENDMENT, THE DEPART-
 MENT  SHALL  NOTIFY THE PRODUCER OR REPRESENTATIVE ORGANIZATION IN WRIT-
 ING, 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.  ON OR BEFORE APRIL FIRST OF EACH YEAR SUCCEEDING A YEAR IN WHICH A
 COLLECTION PROGRAM WAS IN EFFECT FOR ANY COVERED PRODUCT, THE DEPARTMENT
 SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF THIS TITLE TO  THE
 GOVERNOR  AND  LEGISLATURE.  THE  REPORT SHALL INCLUDE, AT A MINIMUM, AN
 EVALUATION OF:
   (A) THE STREAM OF EACH COVERED PRODUCT IN THE STATE;
   (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR EACH  COVERED
 PRODUCT;
   (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
 MENTS OF THIS TITLE; AND
   (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
   6.  STARTING FOUR YEARS AFTER THE COVERED PRODUCT EFFECTIVE DATE FOR A
 PRODUCT, THE DEPARTMENT SHALL IMPOSE A PENALTY OF TWENTY-FIVE CENTS  PER
 S. 6540                             7
 
 POUND,  A COMPARABLE AMOUNT PER ITEM AS DETERMINED BY THE DEPARTMENT FOR
 PRODUCTS FOR WHICH THE RECYCLE RATE IS CALCULATED ON A PER  ITEM  BASIS,
 OR  A  COMPARABLE AMOUNT PER UNIT OF VOLUME AS DETERMINED BY THE DEPART-
 MENT  FOR  WHICH THE RECYCLING RATE IS CALCULATED BASED ON VOLUME, TO BE
 ASSESSED ON THE PRODUCER OR REPRESENTATIVE ORGANIZATION FOR  THE  NUMBER
 OF  ADDITIONAL  POUNDS, THE NUMBER OF ADDITIONAL ITEMS, OR THE NUMBER OF
 ADDITIONAL UNITS OF VOLUME OF COVERED PRODUCTS THAT WOULD HAVE NEEDED TO
 BE RECYCLED THROUGH THE PROGRAM TO ACHIEVE THE PERFORMANCE GOALS  SPECI-
 FIED IN THE APPROVED PRODUCER PLAN. ALL PENALTIES COLLECTED  PURSUANT TO
 THIS  SECTION  SHALL BE PAID OVER TO THE COMMISSIONER FOR DEPOSIT TO THE
 EXTENDED PRODUCER RESPONSIBILITY PROGRAM FUND  ESTABLISHED  PURSUANT  TO
 SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
 § 27-1611. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
 § 27-1613. ENFORCEMENT AND PENALTIES.
   1. ANY PRODUCER, REPRESENTATIVE ORGANIZATION, DISTRIBUTOR, OR RETAILER
 WHO VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED
 PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT TO
 THIS  TITLE OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE
 PURSUANT TO THIS TITLE 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. 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
 ISSUED  BY  THE  DEPARTMENT  MAY  BE  REVOKED  OR SUSPENDED OR A PENDING
 RENEWAL DENIED.
   3. 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  EXTENDED  PRODUCER  RESPONSIBILITIES
 PROGRAM  FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE
 FINANCE LAW.
 § 27-1615. REPORT AND DESIGNATION  OF  ADDITIONAL  COVERED  PRODUCTS  OR
              PRODUCT CATEGORIES.
   1. THE DEPARTMENT SHALL BY MARCH FIFTEENTH OF EACH YEAR SUCCEEDING THE
 EFFECTIVE DATE OF THIS TITLE, PUBLISH:
   (A)  A  REVIEW  AND EVALUATION OF THE PERFORMANCE OF EXISTING EXTENDED
 PRODUCER RESPONSIBILITY PROGRAMS IN THE STATE;
   (B)  LEGISLATIVE  RECOMMENDATIONS  THE  DEPARTMENT  WOULD  PROPOSE  TO
 IMPROVE EXISTING EXTENDED PRODUCER RESPONSIBILITY PROGRAMS; AND
   (C)  PROPOSALS  TO  ESTABLISH  NEW  EXTENDED  PRODUCER  RESPONSIBILITY
 PROGRAMS, INCLUDING ANY  PRODUCT  OR  PRODUCT  CATEGORY  THE  DEPARTMENT
 PROPOSES  TO  DESIGNATE AS A COVERED PRODUCT FOR PURPOSES OF THIS TITLE.
 FOR ANY PRODUCT OR PRODUCT CATEGORY THE DEPARTMENT PROPOSES TO DESIGNATE
 AS A COVERED PRODUCT, THE REPORT SHALL  INCLUDE  AN  EVALUATION  OF  THE
 EXTENT  TO WHICH SUCH DESIGNATION WOULD BE BENEFICIAL DUE TO ONE OR MORE
 OF THE FOLLOWING FACTORS:
   (I) AN EXTENDED PRODUCER RESPONSIBILITY PROGRAM  FOR  THE  PRODUCT  OR
 PRODUCT  CATEGORY WOULD INCREASE THE RECOVERY OF MATERIALS FOR REUSE AND
 RECYCLING AND REDUCE THE NEED FOR USE OF VIRGIN MATERIALS;
 S. 6540                             8
 
   (II) AN EXTENDED PRODUCER RESPONSIBILITY PROGRAM FOR  THE  PRODUCT  OR
 PRODUCT  CATEGORY  WOULD  REDUCE  THE COSTS OF WASTE MANAGEMENT TO LOCAL
 GOVERNMENTS AND TAXPAYERS;
   (III)  AN  EXTENDED PRODUCER RESPONSIBILITY PROGRAM FOR THE PRODUCT OR
 PRODUCT CATEGORY WOULD ENHANCE ENERGY CONSERVATION OR  MITIGATE  CLIMATE
 CHANGE IMPACTS;
   (IV)  AN  EXTENDED  PRODUCER RESPONSIBILITY PROGRAM FOR THE PRODUCT OR
 PRODUCT CATEGORY WOULD BE BENEFICIAL FOR EXISTING AND NEW BUSINESSES AND
 INFRASTRUCTURE TO MANAGE THE PRODUCTS AND LEAD TO THE DEVELOPMENT OF NEW
 MARKETS FOR THE RECOVERED MATERIALS;
   (V) THERE EXISTS PUBLIC DEMAND FOR AN EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY;
   (VI) THERE IS SUCCESS IN COLLECTING AND PROCESSING  SIMILAR  TYPES  OF
 PRODUCTS IN EXTENDED PRODUCER RESPONSIBILITY PROGRAMS IN OTHER JURISDIC-
 TIONS; OR
   (VII)  EXISTING VOLUNTARY COLLECTION, REUSE, OR RECYCLING PROGRAMS FOR
 THE PRODUCT OR PRODUCT CATEGORY  IN  THE  STATE  ARE  NOT  EFFECTIVE  IN
 ACHIEVING THE OBJECTIVES OF THIS ARTICLE.
   2.  FOR  ANY  PRODUCT  OR  PRODUCT CATEGORY THE DEPARTMENT PROPOSES TO
 DESIGNATE AS A COVERED PRODUCT, THE DEPARTMENT SHALL SPECIFY A  DATE  NO
 SOONER  THAN  ONE YEAR FROM THE DATE OF THE REPORT PUBLISHED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION AS THE COVERED PRODUCT EFFECTIVE DATE.
   3. AT LEAST THIRTY DAYS PRIOR TO PUBLISHING  THE  REPORT  PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL POST A DRAFT OF THE
 PORTION  OF  SUCH REPORT THAT RELATES TO ANY PRODUCT OR PRODUCT CATEGORY
 THE DEPARTMENT PROPOSES TO DESIGNATE AS A COVERED PRODUCT ON ITS PUBLIC-
 LY ACCESSIBLE WEBSITE. WITHIN THAT PERIOD, A PERSON MAY  SUBMIT  TO  THE
 DEPARTMENT  WRITTEN  COMMENTS  REGARDING THE DRAFT PROPOSED DESIGNATION,
 WHICH THE DEPARTMENT SHALL CONSIDER BEFORE PUBLISHING THE REPORT.
   4. THE PROPOSED DESIGNATION OF A PRODUCT  OR  PRODUCT  CATEGORY  AS  A
 COVERED  PRODUCT  PURSUANT TO THIS SECTION SHALL TAKE EFFECT ON THE DATE
 PROPOSED BY THE DEPARTMENT UNLESS THE LEGISLATURE MODIFIES THE  DATE  OR
 REJECTS  THE  PROPOSED  DESIGNATION  BY  JOINT RESOLUTION APPROVED ON OR
 BEFORE THE NEXT SUCCEEDING JUNE FIFTEENTH THAT OCCURS NO LESS THAN SIXTY
 DAYS AFTER THE DEPARTMENT PUBLISHES THE  REPORT  PROPOSING  SUCH  DESIG-
 NATION.
 § 27-1617. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
 OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 4. Section 71-1701 of the environmental conservation law 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  [title]
 TITLES 1 AND 16 of article 27 OF THIS CHAPTER.
   § 5. 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, 16,
 and 33 of article 27 OF THIS CHAPTER.
   § 6. The state finance law is amended by adding a new section 92-kk to
 read as follows:
 S. 6540                             9
 
   § 92-KK. EXTENDED PRODUCER RESPONSIBILITY PROGRAM FUND.  1.  THERE  IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL FUND TO
 BE KNOWN AS THE "EXTENDED PRODUCER RESPONSIBILITY PROGRAM FUND".
   2.  THE EXTENDED PRODUCER RESPONSIBILITY PROGRAM FUND SHALL CONSIST OF
 ALL REVENUE COLLECTED FROM FEES AND PENALTIES PURSUANT TO TITLE  SIXTEEN
 OF  ARTICLE  TWENTY-SEVEN  OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY
 COST RECOVERIES OR OTHER REVENUES COLLECTED PURSUANT TO TITLE SIXTEEN OF
 ARTICLE TWENTY-SEVEN OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND  ANY
 OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR
 EXECUTION  OF THE PROVISIONS OF TITLE SIXTEEN OF ARTICLE TWENTY-SEVEN OF
 THE ENVIRONMENTAL CONSERVATION LAW, AND EXPENDED FOR THE PURPOSES AS SET
 FORTH IN TITLE SIXTEEN OF  ARTICLE  TWENTY-SEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   §  7.  This act shall take effect immediately; provided, however, that
 the amendments to section 71-1701 of the environmental conservation  law
 made  by section five 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.

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Senate Bill S6540

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2023-S6540 (ACTIVE) - Details

2023-S6540 (ACTIVE) - Summary

2023-S6540 (ACTIVE) - Sponsor Memo

2023-S6540 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6540

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Environmental Conservation Committee

2023-S6540 (ACTIVE) - Details

2023-S6540 (ACTIVE) - Summary

2023-S6540 (ACTIVE) - Sponsor Memo

2023-S6540 (ACTIVE) - Bill Text download pdf

Comments