S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1464
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   enacting the packaging reduction and recycling infrastructure act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "packaging reduction and recycling infrastructure act".
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 34 to read as follows:
                                 TITLE 34
           PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT
 SECTION 27-3401. DEFINITIONS.
         27-3403. SELECTION OF PACKAGING REDUCTION AND  RECYCLING  ORGAN-
                   IZATIONS.
         27-3405. RESPONSIBILITIES  OF  PACKAGING REDUCTION AND RECYCLING
                   ORGANIZATIONS.
         27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
         27-3409. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
         27-3411. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
         27-3413. FUNDING MECHANISM.
         27-3415. COLLECTION AND CONVENIENCE.
         27-3417. PRODUCER RESPONSIBILITIES.
         27-3419. DEPARTMENT RESPONSIBILITIES.
         27-3421. STATEWIDE PACKAGING  REDUCTION,  REUSE,  AND  RECYCLING
                   NEEDS ASSESSMENT.
         27-3423. EDUCATION AND OUTREACH PROGRAM.
         27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
         27-3427. NON-REUSABLE PACKAGING REDUCTION STANDARDS.
         27-3429. RECYCLED CONTENT STANDARDS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04197-01-5
 S. 1464                             2
              

 
         27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIRE-
                   MENTS.
         27-3433. ESTABLISHMENT  OF  THE  OFFICE  OF  RECYCLING INSPECTOR
                   GENERAL.
         27-3435. PENALTIES AND ENFORCEMENT.
         27-3437. RULES AND REGULATIONS.
         27-3439. STATE PREEMPTION.
         27-3441. OTHER ASSISTANCE PROGRAMS.
         27-3443. ANTITRUST PROTECTIONS.
         27-3445. SEVERABILITY.
 § 27-3401. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ADVISORY COUNCIL" OR "COUNCIL" MEANS THE PACKAGING  REDUCTION  AND
 RECYCLING  ADVISORY  COUNCIL  ESTABLISHED  UNDER SECTION 27-3411 OF THIS
 TITLE.
   2. "AFFILIATE" MEANS A PERSON WHO DIRECTLY, OR INDIRECTLY THROUGH  ONE
 OR  MORE  INTERMEDIARIES, CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON
 CONTROL WITH A PRODUCER.
   3. "BEVERAGE CONTAINER" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN
 SUBDIVISION TWO OF SECTION 27-1003 OF THIS ARTICLE.
   4. "BRAND" MEANS ANY MARK, WORD,  NAME,  SYMBOL,  DESIGN,  DEVICE,  OR
 GRAPHICAL  ELEMENT  OR  A COMBINATION THEREOF, INCLUDING A REGISTERED OR
 UNREGISTERED TRADEMARK, THAT IDENTIFIES AND DISTINGUISHES A PRODUCT FROM
 OTHER PRODUCTS.
   5. "CONTAMINATION" MEANS:
   (A) THE PRESENCE OF MATERIALS IN A  GIVEN  COLLECTED  MATERIAL  STREAM
 THAT  ARE  NOT ON THE MINIMUM RECYCLABLES LIST MAINTAINED BY THE DEPART-
 MENT; OR
   (B) THE PRESENCE OF MATERIALS IN A GIVEN RECYCLED  MATERIAL  DELIVERED
 AS  A  FEEDSTOCK  OR  COMMODITY  THAT ARE NOT SPECIFIED OR ACCEPTED AS A
 COMPONENT OF THE FEEDSTOCK OR COMMODITY.
   6.  "CONTROL", INCLUDING THE TERMS "CONTROLLING", "CONTROLLED BY"  AND
 "UNDER COMMON CONTROL WITH", MEANS THE POSSESSION, DIRECTLY OR INDIRECT-
 LY,  OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF (A) THE MANAGEMENT
 AND POLICIES OF A PERSON, (B) THE OPERATION OF A PERSON, OR (C) SUBSTAN-
 TIALLY  ALL  OF THE ASSETS OF A PERSON, WHETHER THROUGH THE OWNERSHIP OF
 VOTING SECURITIES, BY CONTRACT,  OR  OTHERWISE.
   7. "DISCARDED", "DISCARDS", "GENERATED" OR "GENERATION" MEANS  PACKAG-
 ING MATERIAL THAT HAS BEEN USED FOR ITS INTENDED PURPOSE AND IS NO LONG-
 ER  NEEDED  BY CONSUMERS, BUSINESSES, INSTITUTIONS, AND OTHER USERS, AND
 CAN BE MANAGED THROUGH REUSE, RECYCLING, OR DISPOSAL.
   8. "DISPOSAL" MEANS THE LANDFILLING OR  INCINERATION  OF  MATERIAL  OR
 PRODUCTS.    "DISPOSAL"  SHALL  ALSO  INCLUDE  ENERGY RECOVERY OR ENERGY
 GENERATION BY ANY MEANS, INCLUDING, BUT NOT  LIMITED  TO,  INCINERATION,
 COMBUSTION,  PYROLYSIS, GASIFICATION, OR SOLVOLYSIS, WASTE-TO-ENERGY, OR
 WASTE-TO-FUEL, OR ANY  OTHER  CHEMICAL  CONVERSION  PROCESS.  "DISPOSAL"
 SHALL ALSO INCLUDE THE USE OF MATERIALS FOR LANDFILL COVER.
   9. "ECO-MODULATION" MEANS STRUCTURING PROGRAM FEES IN A WAY TO PROVIDE
 PRODUCERS  WITH  FINANCIAL  INCENTIVES  TO  REDUCE  WASTE AT THE SOURCE,
 INCREASE RECYCLABILITY OF PACKAGING MATERIALS, PROMOTE REUSABLE  PACKAG-
 ING  PRODUCTS,  INCLUDING  THOSE  THAT  ARE CONTAINED WITHIN A REUSE AND
 REFILL SYSTEM, DISCOURAGE  AND  DECREASE  CONTAMINATION,  DISINCENTIVIZE
 DESIGNS  OR  PRACTICES THAT INCREASE THE COSTS AND ADVERSE ENVIRONMENTAL
 IMPACTS OF MANAGING THE PACKAGING MATERIALS, AND ENCOURAGE  DESIGNS  AND
 PROCESSES  THAT IMPROVE AND FACILITATE DEVELOPMENT OF INFRASTRUCTURE AND
 SYSTEMS FOR SOURCE REDUCTION, REUSE, RECYCLING, AND COMPOSTING.
 S. 1464                             3
 
   10. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING  AS  IS  SET
 FORTH IN SUBDIVISION FIVE OF 75-0101 OF THIS CHAPTER.
   11. "INTENTIONALLY ADDED SUBSTANCE" MEANS A SUBSTANCE OR MATERIAL THAT
 SERVES  AN INTENDED FUNCTION OR TECHNICAL EFFECT IN THE PRODUCT OR PROD-
 UCT COMPONENT, INCLUDING   AS AN INTENTIONAL  BREAKDOWN  PRODUCT  OF  AN
 ADDED  CHEMICAL  THAT  ALSO  HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE
 PRODUCT OR PRODUCT COMPONENT.
   12. "LOCAL GOVERNMENT" MEANS ANY MUNICIPAL  CORPORATION,  GOVERNMENTAL
 SUBDIVISION  OF  THE  STATE,  LOCAL  GOVERNMENT  UNIT, SPECIAL DISTRICT,
 SCHOOL, LOCAL OR REGIONAL BOARD, COMMISSION, OR AUTHORITY AUTHORIZED  BY
 LAW  TO  PLAN  OR  PROVIDE  FOR WASTE MANAGEMENT SERVICES FOR A SPECIFIC
 GEOGRAPHICAL AREA.
   13. "MINIMUM RECYCLABLES LIST" MEANS A LIST OF THOSE  MATERIALS  THAT,
 IDENTIFIED BY THE DEPARTMENT IN REGULATIONS, MUST BE MANAGED THROUGH THE
 PACKAGING  REDUCTION  AND RECYCLING PROGRAM AND BY THE LOCAL GOVERNMENTS
 AND SERVICE PROVIDERS THAT RECEIVE FUNDING  OR  REIMBURSEMENT  FROM  THE
 PROGRAM AS APPROVED BY THE DEPARTMENT IN ACCORDANCE WITH SECTION 27-3419
 OF THIS TITLE.
   14.  "PACKAGING  MATERIAL"  OR "MATERIAL" MEANS A DISCRETE MATERIAL OR
 CATEGORY OF MATERIAL, REGARDLESS OF  RECYCLABILITY,  INCLUDING  BUT  NOT
 LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEXIBLE, FOAM, OR RIGID MATERI-
 AL,  INCLUDING PAPER, CARDBOARD, PLASTIC, GLASS, METAL, OR MULTI-MATERI-
 AL, THAT IS USED FOR THE CONTAINMENT,  PROTECTION,  HANDLING,  DELIVERY,
 TRANSPORT,  DISTRIBUTION,  OR  PRESENTATION  OF  ANOTHER PRODUCT THAT IS
 SOLD, OFFERED FOR SALE, IMPORTED, OR DISTRIBUTED IN THE STATE, INCLUDING
 THROUGH AN INTERNET TRANSACTION, AND SINGLE-USE PLASTIC PRODUCTS.  PACK-
 AGING MATERIAL DOES NOT INCLUDE:
   (A)  MEDICAL  DEVICES  AND  PACKAGING WHICH ARE INCLUDED WITH PRODUCTS
 REGULATED AS A DRUG, MEDICAL DEVICE, OR DIETARY SUPPLEMENT BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION UNDER THE FEDERAL  FOOD,  DRUG,  AND
 COSMETIC  ACT,  21  U.S.C.  321  ET SEQ., SEC. 3.2(E) OF 21 U.S. CODE OF
 FEDERAL REGULATIONS, OR THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT;
   (B) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS,  ANTISERA,  DIAG-
 NOSTIC  KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER PACKAG-
 ING MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT  OF  AGRICULTURE
 UNDER THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159;
   (C)  PACKAGING  REGULATED  BY  THE FEDERAL INSECTICIDE, FUNGICIDE, AND
 RODENTICIDE ACT, 7 U.S.C. SEC. 136 ET SEQ. OR OTHER  APPLICABLE  FEDERAL
 LAW, RULE, OR REGULATION;
   (D)  PACKAGING  USED  TO CONTAIN HAZARDOUS OR FLAMMABLE PRODUCTS REGU-
 LATED BY THE 2012 FEDERAL OCCUPATIONAL SAFETY AND HEALTH  ADMINISTRATION
 HAZARD COMMUNICATIONS STANDARD, 29 C.F.R. 1910.1200;
   (E)  PLASTIC  PACKAGING  CONTAINERS  USED TO CONTAIN AND SHIP PRODUCTS
 THAT ARE CLASSIFIED FOR TRANSPORTATION AS DANGEROUS GOODS  OR  HAZARDOUS
 MATERIALS UNDER 40 C.F.R. 178;
   (F)  BEVERAGE  CONTAINERS  SUBJECT  TO  A RETURNABLE CONTAINER DEPOSIT
 UNDER TITLE TEN OF THIS ARTICLE;
   (G) INFANT FORMULA AS DEFINED IN SECTION 321(Z) OF  TITLE  21  OF  THE
 UNITED STATES CODE OF FEDERAL REGULATIONS;
   (H) MEDICAL FOODS AS DEFINED IN SECTION 360EE(B)(3) OF TITLE 21 OF THE
 UNITED STATES CODE OF FEDERAL REGULATIONS; AND
   (I)  ARCHITECTURAL  PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO
 TITLE TWENTY OF THIS ARTICLE.
   15. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION"
 MEANS A NOT-FOR-PROFIT ORGANIZATION REGISTERED  PURSUANT  TO  26  U.S.C.
 501(C)(3)  DESIGNATED BY THE DEPARTMENT FOR THE INITIAL ORGANIZATION, OR
 S. 1464                             4
 
 BY A GROUP OF PRODUCERS FOR SUBSEQUENT ORGANIZATIONS, TO ACT AS AN AGENT
 ON BEHALF  OF  EACH  PRODUCER  TO  DEVELOP  AND  IMPLEMENT  A  PACKAGING
 REDUCTION  AND  RECYCLING PLAN PURSUANT TO SECTION 27-3407 OF THIS TITLE
 AND  COMPLY  WITH  THE  ORGANIZATION'S  RESPONSIBILITIES  UNDER  SECTION
 27-3405 OF THIS TITLE.
   16. "PACKAGING REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS  A  DOCU-
 MENT IN WHICH AN ORGANIZATION DESCRIBES THE EFFORTS IT WILL UNDERTAKE TO
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   17. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM" MEANS THE
 PROGRAM  IMPLEMENTED BY AN ORGANIZATION, AND OVERSEEN BY THE DEPARTMENT,
 TO COMPLY WITH AND IMPLEMENT THE PROVISIONS OF THIS TITLE.
   18. "POST-CONSUMER RECYCLED  MATERIAL"  MEANS  NEW  MATERIAL  PRODUCED
 USING MATERIAL RESULTING FROM RECYCLING.
   19. "PRIMARY PACKAGING" MEANS THE PACKAGING IN DIRECT CONTACT WITH THE
 PRODUCT ITSELF, ALSO SOMETIMES REFERRED TO AS A CONSUMER UNIT.
   20.  "PRODUCER" MEANS THE FOLLOWING ENTITIES, OTHER THAN LOCAL GOVERN-
 MENTS, STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT, FOR COMPLIANCE WITH
 THE REQUIREMENTS FOR PACKAGING MATERIALS  SOLD,  OFFERED  FOR  SALE,  OR
 DISTRIBUTED TO CONSUMERS IN OR INTO THIS STATE:
   (A)  FOR  PRODUCTS  SOLD  OR  SERVED TO CONSUMERS AT A PHYSICAL RETAIL
 LOCATION IN THIS STATE WHICH ARE NOT SINGLE USE PLASTICS:
   (I) IF THE PRODUCT IS SOLD OR SERVED IN OR WITH  PACKAGING  UNDER  THE
 PRODUCT MANUFACTURER'S OWN BRAND OR IS SOLD OR SERVED IN PACKAGING MATE-
 RIALS  THAT  LACK  IDENTIFICATION OF A BRAND, THE PRODUCER IS THE PERSON
 WHO MANUFACTURES THE PACKAGED PRODUCT;
   (II) IF THERE IS NO PERSON TO WHICH SUBPARAGRAPH (I) OF THIS PARAGRAPH
 APPLIES, THE PRODUCER IS THE PERSON WHO IS LICENSED TO  MANUFACTURE  AND
 SELL  OR  SERVE  THE  PACKAGED  PRODUCT  UNDER THE BRAND OR TRADEMARK OF
 ANOTHER MANUFACTURER OR PERSON, WHETHER OR NOT THE TRADEMARK  IS  REGIS-
 TERED  IN THIS STATE, UNLESS THE MANUFACTURER OF THE PACKAGING MATERIALS
 HAS AGREED TO ACCEPT RESPONSIBILITY;
   (III) IF THERE IS NO PERSON TO WHICH SUBPARAGRAPH (I) OR (II) OF  THIS
 PARAGRAPH  APPLIES,  THE PRODUCER IS THE BRAND OWNER OF THE PRODUCT THAT
 IS PACKAGED;
   (IV) IF THERE IS NO PERSON DESCRIBED  IN  SUBPARAGRAPH  (I),  (II)  OR
 (III)  OF  THIS  PARAGRAPH WITHIN THE UNITED STATES, THE PRODUCER IS THE
 PERSON WHO IS THE IMPORTER OF RECORD FOR THE PACKAGED PRODUCT  INTO  THE
 UNITED  STATES FOR USE IN A COMMERCIAL ENTERPRISE THAT SELLS, OFFERS FOR
 SALE, OR DISTRIBUTES THE PRODUCT IN THIS STATE; OR
   (V) IF THERE IS NO PERSON TO WHICH SUBPARAGRAPH (I),  (II),  (III)  OR
 (IV)  OF  THIS  PARAGRAPH  APPLIES, THE PRODUCER IS THE PERSON WHO FIRST
 DISTRIBUTES THE PACKAGED PRODUCT IN OR INTO THE STATE.
   (B) FOR SINGLE USE PLASTICS AND FOR PRODUCTS SOLD  OR  DISTRIBUTED  TO
 CONSUMERS  IN  PACKAGING MATERIALS IN OR INTO THIS STATE VIA REMOTE SALE
 OR DISTRIBUTION:
   (I) THE PRODUCER OF PACKAGING MATERIALS USED TO  DIRECTLY  PROTECT  OR
 CONTAIN THE PRODUCT IS THE SAME AS THE PRODUCER DEFINED IN PARAGRAPH (A)
 OF THIS SUBDIVISION.
   (II)  FOR  PACKAGING MATERIALS USED TO SHIP THE PRODUCT TO A CONSUMER,
 THE PRODUCER IS THE PERSON WHO PACKAGES THE ITEM TO BE  SHIPPED  TO  THE
 CONSUMER.
   (C) FOR ANY SINGLE USE PLASTIC PRODUCT:
   (I) IF THE SINGLE USE PLASTIC PRODUCT IS SOLD UNDER THE MANUFACTURER'S
 OWN  BRAND,  THE  PRODUCER IS THE PERSON WHO MANUFACTURES THE SINGLE USE
 PLASTIC PRODUCT;
 S. 1464                             5
 
   (II) IF THERE IS NO PERSON TO WHICH SUBPARAGRAPH (I) OF THIS PARAGRAPH
 APPLIES, THE PRODUCER IS THE PERSON WHO IS THE OWNER OR  LICENSEE  OF  A
 BRAND OR TRADEMARK UNDER WHICH THE SINGLE USE PLASTIC PRODUCT IS USED IN
 A  COMMERCIAL  ENTERPRISE,  SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN OR
 INTO  THIS  STATE,  WHETHER  OR  NOT THE TRADEMARK IS REGISTERED IN THIS
 STATE;
   (III) IF THERE IS NO PERSON TO WHICH SUBPARAGRAPH (I) OR (II) OF  THIS
 PARAGRAPH  APPLIES,  THE  PRODUCER  IS THE BRAND OWNER OF THE SINGLE USE
 PLASTIC PRODUCT;
   (IV) IF THERE IS NO PERSON DESCRIBED IN  SUBPARAGRAPH  (I),  (II),  OR
 (III)  OF  THIS  PARAGRAPH WITHIN THE UNITED STATES, THE PRODUCER IS THE
 PERSON WHO IMPORTS THE SINGLE USE PLASTIC PRODUCT INTO THE UNITED STATES
 FOR USE IN A COMMERCIAL ENTERPRISE  THAT  SELLS,  OFFERS  FOR  SALE,  OR
 DISTRIBUTES THE SINGLE USE PLASTIC PRODUCT IN THIS STATE; OR
   (V)  IF  THERE IS NO PERSON DESCRIBED IN SUBPARAGRAPH (I), (II), (III)
 OR (IV) OF THIS PARAGRAPH, THE PRODUCER IS THE PERSON WHO FIRST DISTRIB-
 UTES THE SINGLE USE PLASTIC PRODUCT IN OR INTO THIS STATE.
   (D) WHERE THE PRODUCER PURSUANT TO PARAGRAPH (A) OR (C) OF THIS SUBDI-
 VISION IS A BUSINESS OPERATED WHOLLY OR IN  PART  AS  A  FRANCHISE,  THE
 PRODUCER IS THE FRANCHISOR, IF SUCH FRANCHISOR HAS FRANCHISEES THAT HAVE
 A COMMERCIAL PRESENCE IN THE STATE.
   21.  "PRODUCT  LINE"  MEANS  A  GROUP OF RELATED PRODUCTS ALL MARKETED
 UNDER A SINGLE BRAND THAT IS SOLD BY THE SAME  PRODUCER  TO  DISTINGUISH
 PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS.
   22. "RECYCLABLE" MEANS A PACKAGING MATERIAL THAT MEETS THE CRITERIA IN
 SUBDIVISION ONE OF SECTION 27-3431 OF THIS TITLE.
   23.  "RECYCLED"  MEANS  THE  USE  OF  DISCARDED PACKAGING MATERIALS OR
 PRODUCTS IN THE PRODUCTION OF A NEW PRODUCT OR  PACKAGING  IN  PLACE  OF
 VIRGIN  MATERIALS.    "RECYCLED" MATERIAL DOES NOT INCLUDE CONTAMINANTS,
 RESIDUES, AND OTHER PROCESS LOSSES  OR  USE  OF  MATERIALS  AS  LANDFILL
 COVER.
   24. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS    OR  COMMODITIES  CONTAINED  IN DISCARDS FOR THE PURPOSE OF
 PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE  IN
 NEW  PRODUCTS  OR  COMPONENTS.  "RECYCLING" DOES NOT INCLUDE: (A) ENERGY
 RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING  BUT  NOT  LIMITED
 TO,  COMBUSTION,  INCINERATION,  PYROLYSIS, GASIFICATION, SOLVOLYSIS, OR
 WASTE-TO-FUEL; (B) ANY CHEMICAL  CONVERSION  PROCESS;  OR  (C)  LANDFILL
 DISPOSAL.
   25.  "RECYCLING  RATE"  MEANS  THE PERCENTAGE OF ANY GIVEN MATERIAL OR
 CATEGORY OF MATERIAL THAT IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR
 ANY PACKAGING MATERIAL SHALL BE CALCULATED AS THE TOTAL WEIGHT OF  PACK-
 AGING  MATERIAL  THAT  IS  RECYCLED IN A GIVEN YEAR DIVIDED BY THE TOTAL
 WEIGHT OF PACKAGING MATERIAL GENERATED IN THAT YEAR.
   26. "REUSE" MEANS THE RETURN  OF  PACKAGING  MATERIAL  BACK  INTO  THE
 ECONOMIC STREAM FOR USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE
 ORIGINAL PACKAGING, WITHOUT EFFECTUATING A CHANGE IN THE ORIGINAL COMPO-
 SITION  OF  THE  PACKAGE, THE IDENTITY OF THE PRODUCT, OR THE COMPONENTS
 THEREOF.
   27. "REUSE AND REFILL SYSTEM" MEANS A PROGRAM  OR  SET  OF  MECHANISMS
 DESIGNED  TO  FACILITATE  MULTIPLE  USES  OF  PACKAGING.  MECHANISMS MAY
 INCLUDE,  BUT  ARE  NOT  LIMITED  TO,  DEPOSITS,  INCENTIVES,   CURBSIDE
 COLLECTION,  COLLECTION KIOSKS, REFILL STATIONS, DISHWASHING FACILITIES,
 AND RE-DISTRIBUTION NETWORKS.
   28. "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS  PACKAGING
 MATERIAL  AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND MANUFACTURED
 S. 1464                             6
 
 TO MAINTAIN SHAPE AND STRUCTURE, AND BE MATERIALLY DURABLE FOR  REPEATED
 SANITIZING,  WASHING,  AND REUSE; PROVIDED, HOWEVER, THAT SUCH PACKAGING
 AND CONTAINERS MUST COMPLY WITH THE HIGH REUSE AND REFILL  RATE  AS  SET
 FORTH IN THE PLAN AND APPROVED BY THE DEPARTMENT.
   29.  "SINGLE  USE  PLASTIC"  MEANS  SINGLE  USE  PLASTIC PRODUCTS THAT
 FREQUENT THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC PRODUCTS THAT  HAVE
 THE EFFECT OF DISRUPTING RECYCLING PROCESSES, INCLUDING, BUT NOT LIMITED
 TO, SINGLE USE PLASTIC ITEMS SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND
 PLASTIC BAGS.
   30.  "TOXIC PACKAGING TASK FORCE" MEANS THE TOXIC PACKAGING TASK FORCE
 ESTABLISHED BY SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE.
   31. "TOXIC SUBSTANCES" MEANS A CHEMICAL OR CHEMICAL  CLASS  IDENTIFIED
 BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERNMENTAL AGEN-
 CY,  ACCREDITED  RESEARCH  UNIVERSITY, OR OTHER SCIENTIFIC ENTITY DEEMED
 AUTHORITATIVE BY THE DEPARTMENT ON  THE  BASIS  OF  CREDIBLE  SCIENTIFIC
 EVIDENCE AS BEING ONE OR MORE OF THE FOLLOWING:
   (A) A CHEMICAL OR CHEMICAL CLASS THAT IS A CARCINOGEN, MUTAGEN, REPRO-
 DUCTIVE TOXICANT, IMMUNOTOXIN, NEUROTOXICANT, OR ENDOCRINE DISRUPTOR.
   (B)  A  CHEMICAL  OR CHEMICAL CLASS THAT IS PERSISTENT OR BIOACCUMULA-
 TIVE.
   (C) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM THE NORMAL  DEVELOPMENT
 OF  A  FETUS OR CHILD OR CAUSE OTHER DEVELOPMENTAL TOXICITY IN HUMANS OR
 WILDLIFE.
   (D) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM ORGANS OR  CAUSE  OTHER
 SYSTEMIC TOXICITY.
   (E)  A  CHEMICAL  OR  CHEMICAL CLASS THAT MAY HAVE ADVERSE AIR QUALITY
 IMPACTS, ADVERSE ECOLOGICAL IMPACTS, ADVERSE SOIL  QUALITY  IMPACTS,  OR
 ADVERSE WATER QUALITY IMPACTS.
   (F)  A  CHEMICAL  OR CHEMICAL CLASS THAT THE DEPARTMENT HAS DETERMINED
 HAS EQUIVALENT TOXICITY TO THE ABOVE CRITERIA.
   32. "UNIT WEIGHT" MEANS THE WEIGHT OF PACKAGING MATERIAL PER  UNIT  OF
 PRODUCT SOLD.
 § 27-3403. SELECTION OF PACKAGING REDUCTION AND RECYCLING ORGANIZATIONS.
   1.  UNTIL THE DATE WHICH IS TEN YEARS AFTER THE EFFECTIVE DATE OF THIS
 TITLE, THERE SHALL BE ONLY ONE PACKAGING REDUCTION ORGANIZATION AND  ALL
 PRODUCERS  SHALL  BE  REQUIRED TO REGISTER WITH SUCH PACKAGING REDUCTION
 ORGANIZATION.
   2. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, ANY NOT-FOR-
 PROFIT SEEKING TO SERVE AS THE INITIAL PACKAGING REDUCTION AND RECYCLING
 ORGANIZATION SHALL SUBMIT AN APPLICATION ON A FORM AND FORMAT PRESCRIBED
 BY THE DEPARTMENT.
   3. CONSISTENT WITH THE REQUIREMENTS OF THIS TITLE, WITHIN NINE  MONTHS
 OF  THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL SELECT A NOT-
 FOR-PROFIT ORGANIZATION  APPLICANT  TO  ACT  AS  THE  INITIAL  PACKAGING
 REDUCTION  AND RECYCLING ORGANIZATION TO OPERATE THE PACKAGING REDUCTION
 AND RECYCLING PROGRAM, AND SUCH ORGANIZATION SHALL  THEN  REGISTER  WITH
 THE DEPARTMENT IN THE MANNER PRESCRIBED BY THE DEPARTMENT.
   4.  REGULATIONS  PROMULGATED  PURSUANT  TO  THIS TITLE MAY PROVIDE FOR
 ADDITIONAL ORGANIZATIONS BEGINNING TEN YEARS AFTER THE EFFECTIVE DATE OF
 THIS TITLE IF, AFTER TEN YEARS AND THE RECOMMENDATION  BY  THE  ADVISORY
 COUNCIL  PURSUANT  TO  SUBDIVISION TEN OF SECTION 27-3411 OF THIS TITLE,
 THE DEPARTMENT DETERMINES THAT IT WOULD BE BENEFICIAL FOR  THERE  TO  BE
 ADDITIONAL  ORGANIZATIONS  IMPLEMENTING  THE  PROGRAM,  SUCH REGULATIONS
 SHALL ENSURE:
   (A) CONSISTENCY AND  COORDINATION BETWEEN ALL ORGANIZATIONS;
   (B) RESPONSIBILITIES CARRIED OUT ARE CONSISTENT AND SEAMLESS;
 S. 1464                             7
 
   (C) LOCAL GOVERNMENTS AND SERVICE PROVIDERS ARE REIMBURSED FOR RECYCL-
 ING SERVICES AS REQUIRED UNDER THIS TITLE; AND
   (D)  THAT  PACKAGING  MATERIAL REQUIREMENTS ARE NOT REPORTED AS GENER-
 ATED, SUPPLIED OR MANAGED BY MORE THAN ONE ORGANIZATION.
 § 27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION AND RECYCLING  ORGAN-
              IZATIONS.
   1. PRODUCERS SHALL REGISTER WITH A PACKAGING REDUCTION ORGANIZATION TO
 MEET  THE  RESPONSIBILITIES OF THE PROGRAM PURSUANT TO THE PROVISIONS OF
 THIS SECTION, AND EACH ORGANIZATION SHALL BE RESPONSIBLE FOR IMPLEMENTA-
 TION OF THE PROGRAM ON BEHALF OF PRODUCERS REGISTERED WITH  SUCH  ORGAN-
 IZATION.
   2.    EACH  ORGANIZATION INVOLVED IN THE ADMINISTRATION OF THE PROGRAM
 SHALL:
   (A) DEVELOP A PACKAGING REDUCTION AND RECYCLING PLAN AND  SUBMIT  SUCH
 PLAN  TO  THE  ADVISORY  COUNCIL  FOR  REVIEW AND COMMENT, AND AFTER ANY
 MODIFICATIONS IN RESPONSE TO SUCH  COMMENTS,  SUBMIT  THE  PLAN  TO  THE
 COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE;
   (B)  COLLECT  AND  COMPILE  DATA FROM PRODUCERS AS REQUIRED BY SECTION
 27-3417 OF THIS TITLE;
   (C)  CALCULATE  REIMBURSEMENT  RATES  THROUGH  THE  OBJECTIVE  FORMULA
 APPROVED  BY THE DEPARTMENT AS CONTEMPLATED BY PARAGRAPH (E) OF SUBDIVI-
 SION FOUR OF SECTION 27-3407 OF THIS  TITLE  FOR  THE  COSTS  ASSOCIATED
 WITH  THIS  TITLE, THE IMPLEMENTATION   OF  REDUCTION, REFILL, AND REUSE
 PROGRAMS, AND THE COLLECTION, TRANSPORTATION  AND  RECYCLING,  OR  OTHER
 PROCESSING OF PACKAGING MATERIALS;
   (D)  COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3413 OF
 THIS TITLE;
   (E) REIMBURSE THE DEPARTMENT AND ANY OTHER RELEVANT STATE AGENCIES FOR
 THE COSTS ASSOCIATED WITH  CONDUCTING  THE  STATEWIDE  NEEDS  ASSESSMENT
 REQUIRED  BY  SECTION  27-3421  OF THIS TITLE, THE ADMINISTRATION OF THE
 PROGRAM BY THE DEPARTMENT, AND THE EXPENSES OF THE ADVISORY COUNCIL  AND
 THE TOXIC PACKAGING TASK FORCE;
   (F) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA-
 NIES FOR THE COSTS ASSOCIATED WITH THIS TITLE, INCLUDING THE IMPLEMENTA-
 TION  OF  REDUCTION,  REFILL,  AND  REUSE  PROGRAMS, AND THE COLLECTION,
 TRANSPORTATION AND RECYCLING, DISPOSAL OR OTHER PROCESSING OF  PACKAGING
 MATERIALS;
   (G)  UNDERTAKE  AN  EFFECTIVE  STATEWIDE EDUCATION AND PUBLIC OUTREACH
 PROGRAM AS REQUIRED BY SECTION 27-3423 OF THIS TITLE;
   (H) OFFER TECHNICAL SUPPORT TO PRODUCERS, WITH AN EMPHASIS ON  SUPPORT
 TO  SMALL  BUSINESSES,  TO ASSIST THEM WITH COMPLIANCE WITH THE REQUIRE-
 MENTS OF THIS TITLE, INCLUDING INFORMATION  ABOUT  PROCURING  AFFORDABLE
 ALTERNATIVES  TO NON-COMPLIANT PACKAGING MATERIAL AND REDUCING PACKAGING
 MATERIAL; AND
   (I) MAKE RECOMMENDATIONS TO THE DEPARTMENT  REGARDING  INVESTMENTS  IN
 REDUCTION,   REFILL,   REUSE,   COLLECTION,  TRANSPORTATION,  RECYCLING,
 DISPOSAL, AND OTHER PROCESSING OF PACKAGING  MATERIALS  CONSISTENT  WITH
 THIS TITLE.
   3. ANNUALLY, EACH ORGANIZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT
 THAT, AT A MINIMUM, MUST INCLUDE THE FOLLOWING INFORMATION:
   (A) CONTACT INFORMATION FOR THE ORGANIZATION;
   (B)  A LIST OF ALL (I) PRODUCERS, (II) BRANDS, AND (III) PRODUCTS THAT
 EACH PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES INTO THE STATE THAT
 ARE CONTAINED, PROTECTED, DELIVERED, PRESENTED,  OR  DISTRIBUTED  IN  OR
 USING PACKAGING MATERIAL, IN EACH CASE IDENTIFIED BY THE UNIVERSAL PROD-
 UCT CODE (UPC) IF THE PRODUCT HAS ONE;
 S. 1464                             8
 
   (C) THE TOTAL AMOUNT, BY BOTH WEIGHT AND NUMBER OF UNITS, WHICH MAY BE
 ESTIMATED  IF  AN EXACT AMOUNT IS INFEASIBLE TO PROVIDE, OF EACH TYPE OF
 PACKAGING MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANSPORT,
 DISTRIBUTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE,  OR  DISTRIBUTED
 INTO  THE  STATE  BY  EACH INDIVIDUAL PRODUCER DURING THE PRIOR CALENDAR
 YEAR;
   (D) THE TOTAL AMOUNT, BY BOTH WEIGHT AND  NUMBER  OF  UNITS,  OF  EACH
 MATERIAL  USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANSPORT, DISTRIB-
 UTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED INTO THE
 STATE BY ALL PRODUCERS DURING THE PRIOR CALENDAR YEAR;
   (E) THE TOTAL AMOUNT, BY WEIGHT, OF EACH MATERIAL CATEGORY RECYCLED AS
 A RESULT OF ACTIVITIES UNDERTAKEN BY THE ORGANIZATION, EITHER   DIRECTLY
 OR THROUGH REIMBURSEMENT OR CONTRACTUAL ARRANGEMENT;
   (F)  A  CALCULATION  OF  THE  RECYCLING RATE OF EACH MATERIAL CATEGORY
 WHICH IS DERIVED BY DIVIDING THE AMOUNT OF EACH MATERIAL CATEGORY  RECY-
 CLED,  AS REPORTED IN PARAGRAPH (E) OF THIS SUBDIVISION BY THE AMOUNT OF
 EACH MATERIAL CATEGORY GENERATED, AS REPORTED IN PARAGRAPH (D)  OF  THIS
 SUBDIVISION;
   (G) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA-
 TION DURING THE PRIOR CALENDAR YEAR;
   (H)  AN  ANALYSIS  OF  THE  AVERAGE  TIME IT TOOK TO REIMBURSE MUNICI-
 PALITIES DURING THE PRIOR CALENDAR YEAR;
   (I) A LIST OF PRODUCERS REASONABLY BELIEVED TO BE  OUT  OF  COMPLIANCE
 WITH  THE  REQUIREMENTS  OF  THIS TITLE, AND THE REASON THE ORGANIZATION
 REASONABLY BELIEVES THE PRODUCER TO BE OUT OF COMPLIANCE.    INFORMATION
 ON  NON-COMPLIANT  PRODUCERS  SHALL  BE PROVIDED TO THE COMMISSIONER AND
 RECYCLING INSPECTOR GENERAL'S OFFICE IN A TIMELY FASHION AND FOR  POSSI-
 BLE ENFORCEMENT ACTION BY THE OFFICE;
   (J)  A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY THE
 ORGANIZATION IN THE PRIOR CALENDAR YEAR,  AND  HOW  THOSE  EFFORTS  WERE
 DESIGNED  TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING OF
 PACKAGING MATERIALS;
   (K) AN ASSESSMENT OF WHETHER THE FEE STRUCTURE ADOPTED BY  THE  ORGAN-
 IZATION  PURSUANT TO SECTION 27-3413 OF THIS TITLE HAS BEEN EFFECTIVE IN
 INCENTIVIZING IMPROVEMENTS TO THE DESIGN OF PACKAGING MATERIAL,  INCLUD-
 ING  ACTUAL  REDUCTION  OF PACKAGING MATERIAL, INCREASES IN REUSABLE AND
 REFILLABLE PACKAGING MATERIAL, RECYCLING RATES FOR PACKAGING  MATERIALS,
 AND DECREASES IN THE AMOUNT OF PACKAGING MATERIAL;
   (L)  A  DESCRIPTION  OF THE REIMBURSEMENTS AND EXPENDITURES, INCLUDING
 THE TIMELINESS OF SUCH REIMBURSEMENTS, MADE PURSUANT TO SECTION  27-3413
 OF THIS TITLE;
   (M) A RECOMMENDED MINIMUM RECYCLABLES LIST THAT MEETS THE REQUIREMENTS
 OF  SUBDIVISION ONE OF SECTION 27-3431 OF THIS TITLE, BASED ON THE NEEDS
 ASSESSMENT, INFORMATION GATHERED FROM END MARKETS,  INCLUDING  COMMODITY
 BROKERS  AND  MANUFACTURERS WHO PURCHASE POST-CONSUMER MATERIALS FOR USE
 IN MANUFACTURING NEW PRODUCTS, AND AVAILABLE COLLECTION  AND  PROCESSING
 INFRASTRUCTURE INFORMATION;
   (N) AUDITED FINANCIAL STATEMENTS;
   (O)  THE  RESULTS OF THE REVIEW CONDUCTED PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION; AND
   (P) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   4. EACH ORGANIZATION SHALL CONDUCT AN ANNUAL REVIEW PROCESS TO  DETER-
 MINE  WHETHER  PACKAGING  MATERIALS ARE RECYCLABLE. THIS REVIEW SHALL BE
 CONDUCTED IN CONSULTATION WITH REPRESENTATIVES OF END MARKETS, INCLUDING
 RECYCLED COMMODITIES BROKERS AND MANUFACTURERS WHO PURCHASE POST-CONSUM-
 ER MATERIAL FOR USE IN MANUFACTURING NEW PRODUCTS, AND  IN  CONSULTATION
 S. 1464                             9
 
 WITH  LOCAL  GOVERNMENTS.  FOR  THE  PURPOSES  OF  CALCULATING  PRODUCER
 PAYMENTS AND LOCAL GOVERNMENT REIMBURSEMENTS  IN  ACCORDANCE  WITH  THIS
 TITLE,  THIS  ANNUAL PROCESS SHALL INCLUDE A TRANSITIONAL PERIOD BETWEEN
 THE  DATE  THE  DETERMINATION  IS  FINALIZED  AND  THE DATE IT GOES INTO
 EFFECT.
   5. EACH ORGANIZATION SHALL CONDUCT PUBLIC OUTREACH AND PROVIDE CONSUM-
 ERS WITH EDUCATIONAL AND INFORMATIONAL MATERIALS RELATED TO REDUCING THE
 AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN THE STATE AS
 OUTLINED IN SECTION 27-3423 OF THIS TITLE.
   6. EACH  ORGANIZATION  SHALL  OPERATE  A  PROGRAM  THAT  PROVIDES  FOR
 COLLECTION CONVENIENCE AS DESCRIBED IN SECTION 27-3415 OF THIS TITLE.
   7.  AN  ORGANIZATION  SHALL NOT SHARE, EXCEPT WITH THE DEPARTMENT, THE
 ADVISORY COUNCIL, AND THE TOXIC PACKAGING TASK FORCE, OR AS REQUIRED  BY
 LAW,  ANY  PROPRIETARY  INFORMATION  THAT IS IDENTIFIED BY A PRODUCER AS
 PROPRIETARY INFORMATION WITHOUT PRIOR WRITTEN CONSENT.
 § 27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN.
   1. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE,  THE  INITIAL
 PACKAGING  REDUCTION  ORGANIZATION  SHALL DEVELOP AND SUBMIT A PACKAGING
 REDUCTION AND RECYCLING PLAN FOR IMPLEMENTATION OF THE RULES  AND  REGU-
 LATIONS  OF THIS TITLE, INCLUDING ENSURING TIMELY DISBURSEMENTS TO LOCAL
 GOVERNMENTS, TO THE DEPARTMENT FOR APPROVAL. THE PLAN SHALL BE SUBMITTED
 TO THE ADVISORY COUNCIL FOR REVIEW PURSUANT TO SECTION 27-3411  OF  THIS
 TITLE  PRIOR TO THE DEPARTMENT'S APPROVAL.  ANY SUBSEQUENT OR ADDITIONAL
 ORGANIZATION SHALL DEVELOP AND SUBMIT A PACKAGING REDUCTION AND  RECYCL-
 ING  PLAN AND COMPLY WITH ALL THE REQUIREMENTS OF THIS SECTION, AND HAVE
 SUCH PLAN APPROVED PURSUANT TO SECTION 27-3409 OF THIS TITLE.
   2. THE PLAN SHALL COVER FIVE YEARS AND BE  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 PURSUANT TO SECTION 27-3419 OF THIS TITLE.
   3.  EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS
 AFTER THE DATE THE PLAN FOR THE INITIAL ORGANIZATION IS APPROVED AND  IN
 NO  EVENT LATER THAN THREE YEARS OF THE EFFECTIVE DATE OF THIS TITLE. IF
 NO  PLAN  IS  APPROVED  BY  THAT  TIMEFRAME,  THE  DEPARTMENT,  IN   ITS
 DISCRETION,  SHALL  EITHER  APPROVE  A  PLAN  WITH CONDITIONS OR SPECIFY
 MODIFICATIONS THAT MUST BE MADE WITHIN FORTY-FIVE DAYS  TO  CONFORM  THE
 SUBMITTED  PLAN  TO  THE REQUIREMENTS OF THIS SECTION.  IF A PRODUCER IS
 NOT MAKING GOOD FAITH EFFORTS TO COMPLY WITH THE  REQUIREMENTS  OF  THIS
 TITLE  DURING  SUCH FORTY-FIVE DAY PERIOD, THE PRODUCER SHALL BE SUBJECT
 TO PENALTIES FOR NONCOMPLIANCE.
   4. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) CONTACT INFORMATION, INCLUDING THE NAME, E-MAIL ADDRESS,  PHYSICAL
 ADDRESS,  AND  TELEPHONE  NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE
 PRODUCER OR PRODUCERS;
   (B) THE IDENTITY OF THE PRODUCER OR  PRODUCERS  PARTICIPATING  IN  THE
 PLAN;
   (C)  A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF COVERED MATERIALS
 FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR;
   (D) A DESCRIPTION OF HOW THE ORGANIZATION WILL IMPLEMENT THE  PROGRAM,
 INCLUDING  THE  MECHANISMS  AND  PROCESSES  FOR  PROVIDING ASSISTANCE TO
 PRODUCERS TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS TITLE;
   (E) IN RELATION TO FUNDING THE PROGRAM:
   (I) A PROPOSED BUDGET OUTLINING THE ANTICIPATED COSTS OF OPERATING THE
 PROGRAM AND A DESCRIPTION  OF  THE  METHOD  BY  WHICH  THE  ORGANIZATION
 INTENDS  TO  DETERMINE  AND COLLECT PRODUCER PAYMENTS DURING THE INITIAL
 STARTUP PERIOD;
 S. 1464                            10
 
   (II) A DESCRIPTION OF THE PROPOSED FUNDING  MECHANISM,  IDENTIFIED  IN
 SECTION  27-3413  OF  THIS  TITLE,  THAT  MEETS THE REQUIREMENTS OF THIS
 TITLE;
   (III)  A DESCRIPTION OF HOW THE ORGANIZATION WILL MAINTAIN A FINANCIAL
 RESERVE SUFFICIENT TO OPERATE THE PROGRAM  IN  A  FISCALLY  PRUDENT  AND
 RESPONSIBLE MANNER; AND
   (IV)  A  DESCRIPTION  OF  HOW  THE  ORGANIZATION INTENDS TO MANAGE AND
 ACCOUNT FOR ALL PROGRAM RELATED FUNDS WHICH PASS THROUGH  THE  ORGANIZA-
 TION,  INCLUDING  HOW TIMELY REIMBURSEMENTS TO LOCAL GOVERNMENTS WILL BE
 PROVIDED;
   (F) AN OBJECTIVE FORMULA  ESTABLISHING  A  REIMBURSEMENT  RATE,  WHICH
 COVERS  OBLIGATIONS  IDENTIFIED  IN THE NEEDS ASSESSMENT AND THE MINIMUM
 RECYCLABLES LIST AND TAKES INTO ACCOUNT  VARIABLE  REGIONAL  COSTS,  FOR
 PARTICIPATING LOCAL GOVERNMENTS OR PRIVATE SECTOR SERVICE PROVIDERS;
   (G)  A  DESCRIPTION OF THE PROCESS FOR PARTICIPATING LOCAL GOVERNMENTS
 OR PRIVATE SECTOR SERVICE PROVIDERS TO RECOUP REASONABLE COSTS AS ESTAB-
 LISHED BY THE OBJECTIVE FORMULA,  FROM  THE  PRODUCER  OR  ORGANIZATION,
 INCLUDING,  AS  APPLICABLE,  ANY  ADMINISTRATIVE,  SORTING,  COLLECTION,
 TRANSPORTATION, PUBLIC EDUCATION, OR PROCESSING COSTS, IF THE  ORGANIZA-
 TION  USES  EXISTING SERVICES THROUGH A LOCAL GOVERNMENT OR OBTAINS SUCH
 SERVICES FROM A PRIVATE SECTOR SERVICE PROVIDER;
   (H) AT A MINIMUM, THE FOLLOWING FUNDING  MECHANISM  DETAILS  SHALL  BE
 PROVIDED IN THE PLAN:
   (I)  PROPOSED  PROGRAM FEES, PROVIDED AS A TABLE LISTING THE RATE PAID
 FOR EACH MATERIAL CATEGORY, INCLUDING AT A MINIMUM THOSE  IDENTIFIED  IN
 SUBDIVISION THREE OF SECTION 27-3413, WHICH IN SUM, WILL GENERATE SUFFI-
 CIENT  FUNDING  TO  COVER OBLIGATIONS IDENTIFIED IN THE NEEDS ASSESSMENT
 AND THE REQUIREMENTS OF THIS TITLE; AND
   (II) PROPOSED PROGRAM FEE ADJUSTMENTS  TO  INCORPORATE  ECO-MODULATION
 FACTORS;
   (I)  A  DESCRIPTION  OF  THE CHARACTERISTICS OF EACH TYPE OF PACKAGING
 MATERIAL THAT IS RELEVANT TO THE ECO-MODULATING FACTORS SET FORTH PURSU-
 ANT TO SECTION 27-3413 OF THIS TITLE;
   (J) IF THE LOCAL GOVERNMENT DOES  NOT  ELECT  TO  PROVIDE  SERVICE,  A
 DESCRIPTION  OF  THE  PROCESS USED FOR CONTRACTING WITH A PRIVATE SECTOR
 ENTITY TO PROVIDE SUCH SERVICES AND THE RECOUPMENT OF REASONABLE  COSTS,
 INCLUDING  PROCEDURES  TO  ENSURE THAT SUCH PRIVATE SECTOR ENTITY IS NOT
 COMPENSATED FOR SUCH SERVICES BY BOTH THE ORGANIZATION AND THE  CONSUMER
 FOR  THE  SAME  SERVICE, PROVIDED, HOWEVER, THAT THE PACKAGING RECYCLING
 AND REDUCTION ORGANIZATION  AND  ANY  SUCH  PRIVATE  SECTOR  ENTITY  HAS
 ENTERED INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR ORGANIZATION
 THAT  IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO REPRESENT ITS
 EMPLOYEES AND ITS CONTRACTORS' EMPLOYEES;
   (K) A DESCRIPTION OF HOW THE  ORGANIZATION  WILL  WORK  WITH  EXISTING
 WASTE  HAULERS,  MATERIAL  RECOVERY  FACILITIES,  RECYCLERS,  AND  LOCAL
 GOVERNMENTS TO OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO  ADDRESS
 MATERIAL  COLLECTION METHODS, IMPROVE EFFICIENCY AND YIELD OF PROCESSING
 MATERIALS FROM  SEPARATE  COLLECTION  STREAMS,  AND  INCREASE  PACKAGING
 REDUCTION AND REUSE;
   (L)  A DESCRIPTION OF HOW THE ORGANIZATION WILL USE OPEN, COMPETITIVE,
 AND FAIR PROCUREMENT PRACTICES SHOULD THEY DIRECTLY ENTER INTO  CONTRAC-
 TUAL  AGREEMENTS  WITH  SERVICE  PROVIDERS, INCLUDING MUNICIPALITIES AND
 PRIVATE ENTITIES;
   (M) A DESCRIPTION OF HOW A LOCAL GOVERNMENT  WILL  PARTICIPATE,  ON  A
 VOLUNTARY BASIS, WITH COLLECTION AND HOW EXISTING LOCAL GOVERNMENT RECY-
 CLING PROCESSING AND COLLECTION INFRASTRUCTURE WILL BE USED;
 S. 1464                            11

   (N)  A  DESCRIPTION  OF HOW THE ORGANIZATION PLANS TO MEET THE CONVEN-
 IENCE REQUIREMENTS SET FORTH IN THIS TITLE;
   (O) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING
 RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI-
 RONMENTALLY SOUND MANAGEMENT PRACTICES;
   (P)  A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION TO
 PURCHASE RECYCLED MATERIALS FROM PROCESSORS;
   (Q) A DESCRIPTION OF  HOW  PRODUCERS  ARE  COMPLYING  WITH  THE  WASTE
 REDUCTION,  TOXICS,  RECYCLING AND POST-CONSUMER CONTENT REQUIREMENTS OF
 THIS TITLE, AND THE PROCESS  FOR  VERIFYING  COMPLIANCE,  INCLUDING  ANY
 THIRD PARTY VERIFICATION SERVICES;
   (R)  A  DESCRIPTION  OF  HOW:  (I) THE ORGANIZATION WILL STRATEGICALLY
 INVEST IN EXISTING AND FUTURE REUSE  AND  RECYCLING  INFRASTRUCTURE  AND
 MARKET  DEVELOPMENT IN THE STATE IN CONSULTATION WITH THE DEPARTMENT AND
 IN A MANNER NOT INCONSISTENT WITH THE NEEDS ASSESSMENT,  INCLUDING,  BUT
 NOT LIMITED TO, INSTALLING OR UPGRADING EQUIPMENT TO IMPROVE THE SORTING
 OF  COVERED  MATERIALS  OR  MITIGATING THE IMPACTS OF MATERIALS ON OTHER
 COMMODITIES AT EXISTING SORTING AND PROCESSING FACILITIES,  AND  CAPITAL
 EXPENDITURES FOR NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES; AND (II) HOW
 THE  PROCESS  TO  OFFER AND SELECT OPPORTUNITIES WILL BE CONDUCTED IN AN
 OPEN, COMPETITIVE, AND FAIR MANNER;
   (S) A DESCRIPTION OF HOW THE ORGANIZATION'S  RECYCLING  INFRASTRUCTURE
 AND  MARKET  DEVELOPMENT INVESTMENTS (I) WERE INFORMED BY THE RESULTS OF
 THE NEEDS ASSESSMENT, AND (II) WILL UTILIZE THE STATE'S EXISTING INFRAS-
 TRUCTURE;
   (T) A PROCESS TO ADDRESS CONCERNS AND  QUESTIONS  FROM  CUSTOMERS  AND
 RESIDENTS;
   (U)  A  DESCRIPTION  OF  THE  ORGANIZATION'S PUBLIC OUTREACH EDUCATION
 PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS;
   (V) A DESCRIPTION OF HOW THE COMMENTS OF STAKEHOLDERS WERE  CONSIDERED
 AND ADDRESSED IN THE DEVELOPMENT OF THE PLAN;
   (W)  A DETAILED DESCRIPTION OF HOW THE ORGANIZATION CONSULTED WITH THE
 ADVISORY COUNCIL, THE PUBLIC, AND OTHER STAKEHOLDERS IN THE  DEVELOPMENT
 OF  THE  PLAN  PRIOR  TO  ITS  SUBMISSION TO THE DEPARTMENT, AND TO WHAT
 EXTENT THE ORGANIZATION SPECIFICALLY INCORPORATED THE ADVISORY COUNCIL'S
 INPUT INTO THE PLAN;
   (X) A COMPREHENSIVE CONTINGENCY PLAN DEMONSTRATING HOW THE  ACTIVITIES
 IN  THE  PLAN  WILL  CONTINUE TO BE CARRIED OUT BY SOME OTHER ENTITY, IF
 NEEDED, SUCH AS AN ESCROW COMPANY, UNTIL SUCH TIME  AS  A  NEW  PLAN  IS
 SUBMITTED AND APPROVED BY THE DEPARTMENT:
   (I) UPON THE EXPIRATION OF AN APPROVED PLAN;
   (II)  IN  THE  EVENT  THAT  THE  ORGANIZATION HAS BEEN NOTIFIED BY THE
 DEPARTMENT THAT IT MUST TRANSFER IMPLEMENTATION RESPONSIBILITY  FOR  THE
 PLAN TO A DIFFERENT ORGANIZATION;
   (III)  IN THE EVENT THAT THE ORGANIZATION NOTIFIES THE DEPARTMENT THAT
 IT WILL CEASE TO IMPLEMENT AN APPROVED PLAN; OR
   (IV) IN ANY OTHER EVENT THAT THE ORGANIZATION CAN NO LONGER CARRY  OUT
 PLAN IMPLEMENTATION; AND
   (Y) ANY OTHER ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
   5.  THE ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY COUNCIL A REASON-
 ABLE PERIOD OF TIME TO REVIEW AND COMMENT UPON THE DRAFT PLAN  PRIOR  TO
 ITS  SUBMISSION  TO THE DEPARTMENT IN ACCORDANCE WITH SECTION 27-3409 OF
 THIS TITLE WHICH SHALL IN NO EVENT BE LESS THAN SIXTY DAYS.  THE  ORGAN-
 IZATION  SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE
 A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED BY THE  ADVISORY  COUNCIL
 AND  SIGNIFICANT  CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT OF
 S. 1464                            12
 
 THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED  INTO  THE
 PLAN,  AND  A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF
 SUCH COMMENTS.
 § 27-3409. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL.
   1.  BEFORE  APPROVAL  OR DENIAL OF A PACKAGING REDUCTION AND RECYCLING
 PLAN CAN BE MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER  OR  ORGAN-
 IZATION  SHALL  SUBMIT THE PLAN TO THE PACKAGING REDUCTION AND RECYCLING
 ADVISORY COUNCIL.  THE ADVISORY COUNCIL SHALL THEN MAKE A RECOMMENDATION
 REGARDING APPROVAL OR DISAPPROVAL OF THE PLAN IN ACCORDANCE WITH SECTION
 27-3411 OF THIS TITLE.
   2. WITHIN SIXTY DAYS OF THE ADVISORY COUNCIL MAKING  A  RECOMMENDATION
 TO  THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE
 THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH  CONDITIONS;  OR  DENY  THE
 PLAN, WITH REASONS FOR THE DENIAL.
   3.  THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI-
 TION  TO  THOSE  IDENTIFIED  HEREIN TO FULFILL THE INTENT OF THIS TITLE;
 PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED
 ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN.
   4. THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT  ANY
 TIME FOR CAUSE AND WITH DOCUMENTED JUSTIFICATION.
   5. THE MAINTENANCE OF A LABOR PEACE AGREEMENT AS CONTEMPLATED BY PARA-
 GRAPH  (J) OF SUBDIVISION FOUR OF SECTION 27-3407 OF THIS TITLE SHALL BE
 AN ONGOING  MATERIAL CONDITION OF PLAN APPROVAL.
   6. FOR THE PURPOSES OF THIS TITLE, "LABOR PEACE  AGREEMENT"  MEANS  AN
 AGREEMENT  BETWEEN  AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM,
 PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING  LABOR  ORGAN-
 IZATIONS  AND  MEMBERS  FROM  ENGAGING  IN  PICKETING,  WORK  STOPPAGES,
 BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE.
 § 27-3411. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL.
   1. THERE IS HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT  A  PACKAGING
 REDUCTION AND RECYCLING ADVISORY COUNCIL TO RECEIVE AND REVIEW THE PACK-
 AGING  REDUCTION  AND  RECYCLING PLANS REQUIRED UNDER SECTION 27-3407 OF
 THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL
 OF THE PLANS, TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZATIONS AND
 TO MAKE RECOMMENDATIONS TO THE DEPARTMENT AND ORGANIZATIONS AS  REQUIRED
 BY THIS SECTION.
   2. THE ADVISORY COUNCIL SHALL CONVENE FOR THE FIRST TIME NO LATER THAN
 ONE  YEAR  AFTER  THE EFFECTIVE DATE OF THIS TITLE. THE ADVISORY COUNCIL
 SHALL BE COMPOSED OF SEVENTEEN MEMBERS.  NINE SHALL BE APPOINTED BY  THE
 COMMISSIONER,  THREE  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 ONE SHALL BE APPOINTED BY THE MINORITY LEADER  OF  THE  ASSEMBLY,  THREE
 SHALL  BE  APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE AND ONE
 SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  SENATE.  THE  ADVISORY
 COUNCIL SHALL INCLUDE AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING:
   (A)  A  LOCAL  GOVERNMENT  ASSOCIATION  OR  LOCAL  GOVERNMENT PROGRAM,
 INCLUDING AN ADDITIONAL LOCAL GOVERNMENT REPRESENTATIVE FROM CITIES WITH
 A POPULATION OF ONE MILLION OR MORE RESIDENTS;
   (B) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (C) A REPRESENTATIVE OF A DISADVANTAGED COMMUNITY  AFFECTED  BY  SOLID
 WASTE INFRASTRUCTURE;
   (D) AN ENVIRONMENTAL JUSTICE ORGANIZATION;
   (E) A STATEWIDE WASTE DISPOSAL OR RECYCLING ASSOCIATION;
   (F) A MATERIALS RECOVERY FACILITY LOCATED WITHIN THE STATE;
   (G) A RECYCLING COLLECTION PROVIDER;
   (H)  A  MANUFACTURER  OF  PACKAGING  MATERIALS UTILIZING POST-CONSUMER
 RECYCLED CONTENT;
 S. 1464                            13
 
   (I) A CONSUMER ADVOCATE;
   (J) A RETAILER;
   (K) A PUBLIC HEALTH SPECIALIST;
   (L)  A  PRODUCER  AND  AN ORGANIZATION ESTABLISHED UNDER THIS TITLE AS
 NON-VOTING MEMBERS;
   (M) A  REPRESENTATIVE  OF  A  LABOR  ORGANIZATION  REPRESENTING  WASTE
 COLLECTION EMPLOYEES; AND
   (N)  A  REPRESENTATIVE  OF A LABOR ORGANIZATION REPRESENTING MUNICIPAL
 SOLID WASTE AND RECYCLING PROCESSING EMPLOYEES.
   3. APPOINTMENTS TO  THE  ADVISORY  COUNCIL  ARE  TERM-LIMITED  TO  TEN
 CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR-
 ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN THREE CONSECUTIVE
 YEARS.
   4.  ADVISORY  COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION, EXCEPT
 THAT A MEMBER OF THE COMMITTEE WHO IS A STATE OFFICER  OR  EMPLOYEE  MAY
 RECEIVE THEIR REGULAR COMPENSATION WHILE ENGAGING IN THE BUSINESS OF THE
 COMMITTEE,  BUT SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR ANY ACTU-
 AL, NECESSARY EXPENSES INCURRED IN THE COURSE OF PERFORMING BUSINESS FOR
 THE COMMITTEE.
   5. ALL DECISIONS MADE BY THE ADVISORY  COUNCIL  SHALL  BE  DECIDED  BY
 VOTING  AND VOTES SHALL ONLY BE VALID WHEN A QUORUM IS PRESENT. A QUORUM
 SHALL EXIST WHEN GREATER THAN FIFTY PERCENT OF VOTING MEMBERS ARE  PRES-
 ENT. THE ADVISORY COUNCIL SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF
 THE CHAIR OR BY REQUEST OF MORE THAN HALF THE MEMBERS.  THE DECISIONS OF
 THE ADVISORY COUNCIL SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP.
   6.  THE  COUNCIL  SHALL  DETERMINE  WHETHER  THE  PLAN SUBMITTED UNDER
 SECTION 27-3409 OF THIS TITLE MEETS THE CRITERIA  AND  OBJECTIVES  UNDER
 SUCH SECTION IN MAKING ITS RECOMMENDATION.
   7.  THE ADVISORY COUNCIL SHALL, WITHIN SIXTY DAYS OF THE SUBMISSION OF
 A PACKAGING REDUCTION AND RECYCLING PLAN, EITHER:
   (A) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS  RECOMMENDATION  FOR
 APPROVAL; OR
   (B)  FORWARD  THE  PLAN  TO  THE COMMISSIONER WITH ITS DISAPPROVAL AND
 STATED REASONS THEREFOR, INCLUDING ANY RECOMMENDED CHANGES TO  THE  PLAN
 NECESSARY FOR APPROVAL.
   8.  AN  ORGANIZATION  MAY RESUBMIT A PACKAGING REDUCTION AND RECYCLING
 PLAN FOR APPROVAL AT ANY TIME.  UPON  SUCH  RESUBMISSION,  THE  ADVISORY
 COUNCIL  SHALL,  WITHIN SIXTY DAYS, FORWARD THE PLAN TO THE COMMISSIONER
 WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL.
   9. THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS  AND
 MAKE  SUCH  RECOMMENDATIONS  TO  THE DEPARTMENT AND THE ORGANIZATION FOR
 IMPROVING FUTURE ADMINISTRATION OF THE PROGRAM AND COMPLIANCE WITH  THIS
 TITLE.
   10.  THIRTY MONTHS FROM THE DATE THE DEPARTMENT ADOPTS RULES AND REGU-
 LATIONS PURSUANT TO THIS TITLE, AND EVERY THREE  YEARS  THEREAFTER,  THE
 ADVISORY  COUNCIL SHALL CONDUCT A REVIEW OF ALL RELEVANT DATA, INCLUDING
 ANNUAL REPORTS, THE LATEST  SCIENTIFIC  DATA  AVAILABLE,  ANY  PERTINENT
 STATEWIDE  WASTE AND REUSE DATA, AND ANY OTHER INFORMATION DEEMED IMPOR-
 TANT, TO MAKE RECOMMENDATIONS TO THE FOLLOWING:
   (A) ORGANIZATIONS  FOR  ANY  CHANGES  IN  THE  ADMINISTRATION  OF  THE
 PROGRAM,  INCLUDING  FEEDBACK  ON  THE EDUCATION AND OUTREACH PROGRAM AS
 OUTLINED IN SECTION 27-3423 OF THIS TITLE;
   (B) THE DEPARTMENT FOR ANY NECESSARY CHANGES TO REGULATIONS, THE FUND-
 ING MECHANISM, REIMBURSEMENT AND EXPENDITURE  POLICIES,  OR  WHETHER  IT
 WOULD  BE BENEFICIAL FOR THERE TO BE ADDITIONAL ORGANIZATIONS IMPLEMENT-
 ING THE PROGRAM; AND
 S. 1464                            14
 
   (C) THE LEGISLATURE FOR RECOMMENDED STATUTORY CHANGES. SUCH  RECOMMEN-
 DATIONS SHALL INCLUDE A RECOMMENDATION AS TO WHETHER TO MODIFY THE DEFI-
 NITION OF RECYCLING UNDER THIS TITLE.
 § 27-3413. FUNDING MECHANISM.
   1. AN ORGANIZATION SHALL ESTABLISH SUCH PROGRAM PARTICIPATION FEES FOR
 PRODUCERS  THROUGH  THE  PLAN PURSUANT TO SECTION 27-3407 OF THIS TITLE,
 WHICH SHALL BE SUFFICIENT TO COVER ALL COSTS OF THE  PROGRAM,  INCLUDING
 ADMINISTRATION,  ENFORCEMENT,  THE  STATEWIDE  NEEDS ASSESSMENT, AND ALL
 OTHER STATE COSTS  OF  THE  PROGRAM  AND  ORGANIZATIONS'  COSTS  OF  THE
 PROGRAM,  INCLUDING BUT NOT LIMITED TO THOSE COSTS DESCRIBED IN SUBDIVI-
 SION FOUR OF THIS SECTION.
   2. AN ORGANIZATION SHALL STRUCTURE PROGRAM FEES TO  PROVIDE  PRODUCERS
 WITH  FINANCIAL  INCENTIVES  THROUGH ECO-MODULATION, TO REWARD WASTE AND
 SOURCE  REDUCTION AND RECYCLING COMPATIBILITY INNOVATIONS AND PRACTICES,
 AND TO DISINCENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAG-
 ING THE PRODUCTS OR MATERIALS THAT CONTAIN TOXIC SUBSTANCES.
   3. AN ORGANIZATION MAY ADJUST FEES TO  BE    PAID    BY  PARTICIPATING
 PRODUCERS  BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, FEES
 SHALL BE VARIABLE BASED ON:
   (A) THE CATEGORY OF PACKAGING MATERIAL, PROVIDED THAT THE LIST OF SUCH
 PACKAGING MATERIAL CATEGORIES FOR WHICH THERE IS A SPECIFIC PRODUCER FEE
 SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING MATERIAL TYPES:
   (I) PAPER;
   (II) CARDBOARD;
   (III) CORRUGATED CARDBOARD;
   (IV) WOOD;
   (V) GLASS;
   (VI) POLYETHYLENE TEREPHTHALATE (PET);
   (VII) HIGH DENSITY POLYETHYLENE (HDPE);
   (VIII) EXPANDED POLYSTYRENE (EPS);
   (IX) POLYSTYRENE;
   (X) BIO-PLASTICS;
   (XI) GENERIC PLASTICS;
   (XII) PLASTIC FILM;
   (XIII) OTHER PLASTICS;
   (XIV) FERROUS METALS;
   (XV) ALUMINUM;
   (XVI) TINPLATE;
   (XVII) GENERIC METALS; AND
   (XVIII) MIXED MATERIALS INCLUDING LAMINATES AND  PACKAGING  CONTAINING
 MORE THAN ONE OF THE ABOVE MATERIALS;
   (B)  THE QUANTITY OF EACH PACKAGING MATERIAL TYPE, BY WEIGHT, THAT THE
 PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES IN THE STATE;
   (C) ECO-MODULATION, INCLUDING AS DESCRIBED IN SUBDIVISION TWO OF  THIS
 SECTION.
   4.  PRODUCER  FEES  SHALL  BE DESIGNED TO COVER, AT MINIMUM, THE TOTAL
 COSTS ASSOCIATED WITH:
   (A) PROVIDING CURBSIDE COLLECTION OR OTHER FORM OF RESIDENTIAL SERVICE
 THAT IS, AT MINIMUM, AS CONVENIENT AS IS DETAILED IN SECTION 27-3415  OF
 THIS TITLE;
   (B)  THE  DEPARTMENT'S  AND  OTHER  STATE AGENCIES' ADMINISTRATION AND
 ENFORCEMENT OF THIS TITLE;
   (C) ORGANIZATIONS' ADMINISTRATION OF THIS TITLE;
   (D) THE COST ASSOCIATED WITH THE DEVELOPMENT OF THE NEEDS  ASSESSMENT,
 AS REQUIRED IN SECTION 27-3421 OF THIS TITLE;
 S. 1464                            15
 
   (E) THE COSTS ASSOCIATED WITH THE ADVISORY COUNCIL AND THE TOXIC PACK-
 AGING TASK FORCE;
   (F)  THE  COSTS  ASSOCIATED  WITH ESTABLISHING PACKAGING REDUCTION AND
 REUSE INFRASTRUCTURE;
   (G) THE COST OF REIMBURSEMENT FOR, OR PROVIDING,  RECYCLING  SERVICES,
 INCLUDING THE COLLECTION COST, PROCESSING COST FOR EACH RECYCLABLE MATE-
 RIAL,  COST  OF HANDLING NON-RECYCLABLE MATERIAL TYPES COLLECTED AS PART
 OF A RECYCLING OPERATION, TRANSPORTATION  COST  OF  RECYCLING  FOR  EACH
 MATERIAL TYPE; AND
   (H) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT.
   5.  AN  ORGANIZATION  MAY  ADJUST  PRODUCER FEES BASED ON FACTORS THAT
 AFFECT SYSTEM COSTS  PROVIDED  THAT  THE  SPECIFIC  PARAMETERS  OF  SUCH
 ADJUSTMENTS  AND  FEES  ARE INCLUDED IN THE PLAN APPROVED BY THE DEPART-
 MENT.  AT A MINIMUM, FEES SHALL BE VARIABLE BASED ON:
   (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR ANOTHER FORM  OF  RESIDEN-
 TIAL  SERVICE  THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION
 OR AS CONVENIENT AS  THE  PREVIOUS  RECYCLING  COLLECTION  PLAN  IN  THE
 PARTICULAR JURISDICTION SHOULD RECYCLING COLLECTION NOT BE PROVIDED;
   (B)  COSTS  TO PROCESS PACKAGING MATERIALS FOR ACCEPTANCE BY SECONDARY
 MATERIAL MARKETS;
   (C) WHETHER THE PACKAGING MATERIAL WOULD TYPICALLY BE READILY-RECYCLA-
 BLE, EXCEPT THAT AS A CONSEQUENCE OF THE PACKAGING DESIGN, THE PACKAGING
 PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE  PRODUCT
 INCLUDES  LABELS,  INKS,  AND ADHESIVES CONTAINING HEAVY METALS OR OTHER
 TOXIC SUBSTANCES THAT WOULD RESULT IN  CONTAMINATION  OF  THE  RECYCLING
 PROCESS;
   (D)  WHETHER  THE  PACKAGING  MATERIAL  IS SPECIFICALLY DESIGNED TO BE
 REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE; AND
   (E) THE COMMODITY  VALUE  OF  A  PACKAGING  MATERIAL,  AS  DEFINED  BY
 PUBLISHED INDICES.
   6.  THE  FEES  SHALL  BE  ADJUSTED, OR THE PRODUCERS MAY BE PROVIDED A
 CREDIT, AS DETAILED IN THE PLAN, BASED UPON THE PERCENTAGE OF  POST-CON-
 SUMER  RECYCLED  MATERIAL  CONTENT  AND SUCH PERCENTAGE OF POST-CONSUMER
 RECYCLED CONTENT SHALL BE VERIFIED BY THE  ORGANIZATION  OR  THROUGH  AN
 INDEPENDENT  THIRD  PARTY  APPROVED  TO PERFORM VERIFICATION SERVICES TO
 ENSURE THAT SUCH PERCENTAGE EXCEEDS  THE  MINIMUM  REQUIREMENTS  IN  THE
 PACKAGING,  AS  LONG AS THE RECYCLED CONTENT DOES NOT DISRUPT THE POTEN-
 TIAL FOR FUTURE RECYCLING.
   7. IN ADDITION TO THE ANNUAL SCHEDULE OF FEES APPROVED IN THE PLAN, AN
 ORGANIZATION FEE SCHEDULE MAY INCLUDE A SPECIAL ASSESSMENT  ON  SPECIFIC
 CATEGORIES OF PACKAGING MATERIALS, IDENTIFIED IN THE PLAN, IF THE NATURE
 OF  THE  PACKAGING MATERIAL IMPOSES UNUSUAL COSTS IN COLLECTION OR PROC-
 ESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO  RECY-
 CLING OR SUCCESSFUL PROCESSING IN LOCAL GOVERNMENT RECYCLING FACILITIES.
   8.  THE  FEES  SHALL BE STRUCTURED TO PROVIDE PRODUCERS WITH FINANCIAL
 INCENTIVES TO ENCOURAGE:
   (A) A REDUCTION IN TOTAL PACKAGING AS MEASURED BY UNIT WEIGHT USED  BY
 PRODUCERS,  AND  DISCARDED  BY  CONSUMERS, BUSINESSES, INSTITUTIONS, AND
 OTHER USERS. WEIGHT REDUCTIONS SHALL NOT  BE  ACHIEVED  BY  SUBSTITUTING
 PLASTIC FOR OTHER MATERIALS TYPES;
   (B) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS MANAGED WITHIN A REUSE AND REFILL SYSTEM;
   (C) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS  DEEMED  RECYCLABLE  AS  DETERMINED  BY  AN  ANNUAL REVIEW PROCESS AS
 DESCRIBED IN SECTION 27-3405 OF THIS TITLE;
 S. 1464                            16

   (D) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT
 IS ULTIMATELY RECYCLED;
   (E) A REDUCTION IN TOXIC COMPONENTS IN PACKAGING MATERIALS; AND
   (F) A REDUCTION IN LITTER FROM PACKAGING MATERIALS.
   9. AN ORGANIZATION SHALL BE RESPONSIBLE FOR CALCULATING AND DISBURSING
 FUNDING  AT  A  REASONABLE  RATE  DEVELOPED THROUGH AN OBJECTIVE FORMULA
 APPROVED BY THE DEPARTMENT, AND SUCH REASONABLE RATE MAY BE VARIED BASED
 ON POPULATION DENSITY RATES,  FOR  MUNICIPAL  SERVICES  UTILIZED  BY  AN
 ORGANIZATION  IF THE MUNICIPALITY ELECTS TO BE COMPENSATED BY THE ORGAN-
 IZATION IN  THE  COLLECTION,  RECOVERY,  RECYCLING,  AND  PROCESSING  OF
 COVERED  MATERIALS  AND  PRODUCTS,  WHETHER  SUCH  SERVICES ARE PROVIDED
 DIRECTLY BY THE MUNICIPALITY OR THROUGH A CONTRACTED SERVICE PROVIDER.
   10. IF A MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE, THE ORGANIZA-
 TION SHALL BE RESPONSIBLE FOR CONTRACTING  WITH  A  PRIVATE  ENTITY  FOR
 SERVICES AND SHALL BE RESPONSIBLE FOR CALCULATING AND DISBURSING FUNDING
 AT A REASONABLE RECYCLING PROGRAM RATE FOR COLLECTION, RECYCLING, RECOV-
 ERY,  AND  PROCESSING  SERVICES  PROVIDED  BY  THE PRIVATE SECTOR ENTITY
 CONTRACTED TO PROVIDE SUCH SERVICE.  ANY SUCH CONTRACT SHALL BE  SUBJECT
 TO  A LABOR PEACE AGREEMENT AS CONTEMPLATED BY PARAGRAPH (J) OF SUBDIVI-
 SION FOUR OF SECTION 27-3407 OF THIS TITLE.
   11. TO FACILITATE AN ORGANIZATION'S COST REIMBURSEMENT  DETERMINATION,
 PARTICIPATING MUNICIPALITIES AND PRIVATE SECTOR HAULERS CONTRACTING WITH
 THE  ORGANIZATION SHALL REPORT DATA RELATED TO THEIR COSTS AND THE VALUE
 OF MATERIALS TO THE ORGANIZATION.  COST  CALCULATIONS  SHALL  TAKE  INTO
 CONSIDERATION  THE  AMOUNT  RECEIVED  FROM  THE SALE OF SOURCE-SEPARATED
 MATERIALS.
   12. THERE SHALL BE NO FEE ASSESSED ON REUSABLE OR REFILLABLE PACKAGING
 AND CONTAINERS CONTAINED WITHIN A REUSE OR REFILL SYSTEM.
   13. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL  NOT  BE
 USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF AN ORGANIZATION.
   14.  NO  RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS
 TO FACILITATE A PRODUCER OR ORGANIZATION TO RECOUP THE COSTS  ASSOCIATED
 WITH MEETING THE OBLIGATIONS UNDER THIS TITLE.
   15.  NOTHING IN THIS TITLE SHALL REQUIRE A LOCAL GOVERNMENT TO PARTIC-
 IPATE IN THE PROGRAM, PROVIDED THAT A  LOCAL  GOVERNMENT  MUST  GIVE  AT
 LEAST THREE MONTHS' NOTICE OF ITS INTENT TO CEASE PARTICIPATION.
 § 27-3415. COLLECTION AND CONVENIENCE.
   1. THE PROGRAM SHALL PROVIDE FOR WIDESPREAD, CONVENIENT, AND EQUITABLE
 ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE PACKAGING MATERIALS AT
 NO  ADDITIONAL  COST.  SUCH OPPORTUNITIES, INCLUDING CURBSIDE RECYCLING,
 SHALL BE PROVIDED TO ALL RESIDENTS OF THE STATE IN A MANNER THAT  IS  AS
 CONVENIENT  AS THE COLLECTION OF SOLID WASTE AS PROVIDED TO THE CONSUMER
 AS OF THE EFFECTIVE DATE OF THIS  TITLE.    ORGANIZATIONS  SHALL  ENSURE
 SERVICES  CONTINUE  FOR  CURBSIDE RECYCLING PROGRAMS AS OF THE EFFECTIVE
 DATE OF THIS TITLE, EITHER DIRECTLY OR THROUGH  A  CONTRACT  TO  PROVIDE
 SERVICES,  AND THAT SUCH SERVICES ARE CONTINUED THROUGH SUCH PRODUCER OR
 ORGANIZATION'S PLAN PURSUANT TO SECTION 27-3405 OF THIS TITLE.
   2. PARTICIPATION IN THE PROGRAM SHALL NOT  RESTRICT  A  JURISDICTION'S
 CONSUMER'S  ABILITY  TO  CONTRACT  DIRECTLY WITH THIRD PARTIES TO OBTAIN
 RECYCLING COLLECTION SERVICES IF CONSUMERS HAVE THE OPTION TO ENTER INTO
 SUCH CONTRACTS AS OF THE EFFECTIVE DATE OF THIS TITLE, AS  LONG  AS  THE
 CONSUMER  STILL  VOLUNTARILY CHOOSES TO CONTRACT DIRECTLY WITH THE THIRD
 PARTY.   THE LOCAL GOVERNMENT SHALL NOT  PROVIDE  DISBURSEMENT  TO  SUCH
 THIRD  PARTY  SHOULD  THE  LOCAL GOVERNMENT PROVIDE WIDESPREAD RECYCLING
 SERVICES EITHER DIRECTLY OR THROUGH A CONTRACT THAT  IS  DIFFERENT  FROM
 THE  CONTRACT  WITH  SUCH  THIRD PARTY, AND THERE SHALL BE PROCEDURES IN
 S. 1464                            17
 
 PLACE TO ENSURE THAT NO SERVICE PROVIDER IS COMPENSATED MORE  THAN  ONCE
 FOR THE SAME SERVICE.
   3. ORGANIZATIONS MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS CATE-
 GORIES  OF  PACKAGING  MATERIALS  SO  LONG AS COLLECTION OPTIONS INCLUDE
 CURBSIDE RECYCLING COLLECTION SERVICES PROVIDED BY  MUNICIPAL  PROGRAMS,
 MUNICIPAL  CONTRACTED  PROGRAMS,  SOLID  WASTE  COLLECTION COMPANIES, OR
 OTHER APPROVED ENTITIES AS IDENTIFIED BY THE DEPARTMENT IF AT A MINIMUM:
   (A) THE CATEGORY OF PACKAGING MATERIALS IS ON THE MINIMUM  RECYCLABLES
 LIST,  IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCLING COLLECTION AND CAN
 BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED
 MATERIAL;
   (B) THE CATEGORY OF PACKAGING  MATERIALS  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;
   (C)  THE  PROVIDER  OF  THE  CURBSIDE  RECYCLING SERVICE AGREES TO THE
 ORGANIZATION'S SERVICE PROVIDER COSTS ARRANGEMENT; AND
   (D) ANY PRIVATE CONTRACT FOR SUCH SERVICES IS SUBJECT TO A LABOR PEACE
 AGREEMENT AS CONTEMPLATED  BY  PARAGRAPH  (J)  OF  SUBDIVISION  FOUR  OF
 SECTION 27-3407.
   4.  ALL  LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE PROVIDERS SHALL
 PROVIDE FOR THE COLLECTION AND  RECYCLING  OF  ALL  PACKAGING  MATERIALS
 CONTAINED ON THE MINIMUM RECYCLABLES LISTS, BASED ON GEOGRAPHIC REGIONS,
 IN  ORDER  TO  BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED, HOWEVER, NOTHING
 SHALL PENALIZE A LOCAL  GOVERNMENT  OR  PRIVATE  RECYCLING  SERVICE  FOR
 RECOVERING  AND  RECYCLING  MATERIALS  THAT  ARE  GENERATED IN THE LOCAL
 GOVERNMENT OR GEOGRAPHIC REGION THAT ARE NOT  INCLUDED  ON  THE  MINIMUM
 RECYCLABLES  LISTS AS LONG AS IT CAN BE DEMONSTRATED THAT SUCH MATERIALS
 HAVE A CONSISTENT REGIONAL MARKET FOR  PURCHASE  AS  DETERMINED  BY  THE
 DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION.
   5.  REIMBURSEMENT  SHALL COVER COLLECTION, PROCESSING, TRANSPORTATION,
 AND RECYCLING AND DISPOSAL OF ALL PACKAGING MATERIALS  SO  LONG  AS  THE
 PROGRAM  INCLUDES  AT LEAST THE MINIMUM RECYCLABLES LIST. THE DEPARTMENT
 MAY GRANT AN EXCEPTION TO THE REQUIREMENTS IN THIS  SUBDIVISION  UPON  A
 WRITTEN  SHOWING  BY  THE  LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE
 THAT COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE FOR A  SPECIFIC
 IDENTIFIED  PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT IS IN THE
 BEST INTEREST OF THE  INTENT  OF  THIS  TITLE  TO  GRANT  AN  EXCEPTION;
 PROVIDED,  HOWEVER,  THAT  ANY  SUCH EXCEPTION GRANTED BY THE DEPARTMENT
 SHALL NOT EXCEED TWELVE MONTHS.
   6. PROGRAM FUNDS SHALL BE USED FOR INVESTMENT IN  COLLECTION  SYSTEMS,
 TRANSPORTATION   SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS, REDISTRIBUTION
 SYSTEMS, TECHNOLOGY FOR TRACKING AND DATA COLLECTION,  CAPITAL  EXPENDI-
 TURES  ON  NEW  AND  EMERGING TECHNOLOGY THAT IS FOCUSED ON REUSABLE AND
 REFILLABLE PACKAGING, AS WELL AS EQUIPMENT, AND  FACILITIES,  AND  OTHER
 PROJECTS    DETERMINED   BY   THE DEPARTMENT TO FACILITATE THE GOALS AND
 OBJECTIVES OF THIS TITLE.
   7. NOTHING IN THIS TITLE SHALL BE  DEEMED  TO  AUTOMATICALLY  VOID  OR
 NULLIFY  ANY  COLLECTION CONTRACTS IN EFFECT AS OF THE EFFECTIVE DATE OF
 THIS TITLE.
 § 27-3417. PRODUCER RESPONSIBILITIES.
   1. BEGINNING WITH THE REQUIRED PROGRAM IMPLEMENTATION DATE AS  CONTEM-
 PLATED  BY  SUBDIVISION THREE OF SECTION 27-3407 OF THIS TITLE AND IN NO
 EVENT LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS  TITLE,  A
 PRODUCER  SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE A
 PRODUCT CONTAINED, PROTECTED, DELIVERED, PRESENTED,  OR  DISTRIBUTED  IN
 PACKAGING  UNLESS THE PRODUCER IS REGISTERED WITH AN ORGANIZATION AND IN
 S. 1464                            18
 
 FULL COMPLIANCE WITH ALL REQUIREMENTS OF  THIS  TITLE.  PRODUCERS  SHALL
 REGISTER  WITH  THE  INITIAL  ORGANIZATION WITHIN EIGHTEEN MONTHS OF THE
 EFFECTIVE DATE OF THIS TITLE; PROVIDED, HOWEVER,  THAT  ANY  PERSON  WHO
 BECOMES  A  PRODUCER  THEREAFTER SHALL REGISTER WITH AN ORGANIZATION AND
 BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS THEREOF OR BE SUBJECT  TO
 PENALTIES FOR NONCOMPLIANCE.
   2.  EITHER  WHEN  THE PRODUCER REGISTERS, OR WITHIN EIGHTEEN MONTHS OF
 THE EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER AND ANNUALLY THERE-
 AFTER, EACH PRODUCER SHALL PROVIDE THE ORGANIZATION WITH  THE  FOLLOWING
 INFORMATION:
   (A)  CONTACT INFORMATION, INCLUDING THE NAME, E-MAIL ADDRESS, PHYSICAL
 ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED  REPRESENTATIVE  OF  THE
 PRODUCER;
   (B)  A  COMPREHENSIVE  LIST  OF THE CATEGORIES AND BRANDS OF PACKAGING
 MATERIALS FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE;
   (C) THE TOTAL AMOUNT, IN UNITS AND WEIGHT, OF EACH CATEGORY OF PACKAG-
 ING MATERIAL SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR  SALE  INTO  THE
 STATE BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND
   (D) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   3. PRODUCERS ARE RESPONSIBLE FOR PAYMENT OF FEES, THROUGH AN ORGANIZA-
 TION,  BASED ON THE QUANTITY, CATEGORY OF PACKAGING MATERIAL USED IN THE
 STATE, AND OTHER FACTORS.
   4. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG-
 ING MATERIAL REDUCTION, POST-CONSUMER CONTENT, AND  RECYCLING  STANDARDS
 UNDER THIS TITLE.
   5.  A  PRODUCER  SHALL  ELECTRONICALLY  SUBMIT  ANNUALLY,  TO BOTH THE
 DEPARTMENT AND THE PACKAGING REDUCTION  AND  RECYCLING  ORGANIZATION,  A
 WRITTEN DECLARATION SIGNED BY ITS CHIEF EXECUTIVE OFFICER, VERIFYING THE
 PRODUCER'S COMPLIANCE WITH:
   (A) THE PACKAGING MATERIAL REDUCTION REQUIREMENTS OF THIS TITLE;
   (B)  THE  PACKAGING  MATERIAL  RECYCLED  CONTENT  REQUIREMENTS OF THIS
 TITLE;
   (C) THE PACKAGING MATERIAL RECYCLING REQUIREMENTS OF THIS TITLE;
   (D) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE;
   (E) THEIR OBLIGATIONS TO PAY FEES  TO  THE  ORGANIZATION  PURSUANT  TO
 SECTION 27-3413 OF THIS TITLE AND SUBDIVISION THREE OF THIS SECTION; AND
   (F)  ANY  REIMBURSEMENT  OBLIGATIONS THEY HAVE TO LOCAL GOVERNMENTS OR
 THIRD PARTY SERVICE PROVIDERS IN CONNECTION WITH THIS TITLE.
   6. A PRODUCER IS EXEMPT FROM THE REQUIREMENTS AND PROHIBITIONS OF THIS
 TITLE IN A CALENDAR YEAR IN WHICH:
   (A) THE PRODUCER AND ITS AFFILIATES COLLECTIVELY  REALIZED  LESS  THAN
 FIVE  MILLION  DOLLARS  IN TOTAL GROSS REVENUE DURING THE PRIOR CALENDAR
 YEAR;
   (B) THE PRODUCER AND ITS AFFILIATES  COLLECTIVELY  SOLD,  OFFERED  FOR
 SALE,  OR DISTRIBUTED FOR SALE PRODUCTS CONTAINED, PROTECTED, DELIVERED,
 PRESENTED, OR DISTRIBUTED IN OR USING LESS THAN TWO  TONS  OF  PACKAGING
 MATERIAL IN TOTAL DURING THE PRIOR CALENDAR YEAR;
   (C)  THE  PRODUCER  IS  A NOT-FOR-PROFIT CORPORATION THAT IS PRIMARILY
 ENGAGED IN PREPARING    AND  DELIVERING  MEDICALLY  TAILORED  MEALS  AND
 MEDICAL  NUTRITION  THERAPY.  AS  USED  IN  THIS  PARAGRAPH,  "MEDICALLY
 TAILORED MEALS AND MEDICAL NUTRITION THERAPY" MEANS NUTRITIONAL  ASSESS-
 MENT,  NUTRITIONAL  THERAPY,  AND  NUTRITIONAL  COUNSELING PROVIDED BY A
 CERTIFIED DIETICIAN OR CERTIFIED NUTRITIONIST, AND THE PROVISION OF  ANY
 FOOD  INDICATED BY SUCH ASSESSMENT, THERAPY OR COUNSELING AND ORDERED BY
 A HEALTH CARE PROFESSIONAL ACTING WITHIN THEIR LAWFUL SCOPE OF  PRACTICE
 UNDER  TITLE EIGHT OF THE EDUCATION LAW, FOR THE PURPOSE OF TREATING ONE
 S. 1464                            19
 
 OR MORE CHRONIC CONDITIONS FOR AN INDIVIDUAL WHO  IS  LIMITED  IN  THEIR
 ACTIVITIES OF DAILY LIVING; OR
   (D)  IS  AN  AGRICULTURAL  COOPERATIVE  WITH LESS THAN FIFTY EMPLOYEES
 ENGAGED IN THE PRODUCTION OF DAIRY PRODUCTS.
   7. A PRODUCER CLAIMING AN EXEMPTION PURSUANT  TO  SUBDIVISION  SIX  OF
 THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO
 DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION.
   8. NOTHING IN THIS TITLE SHALL IMPAIR A PRODUCER'S ELIGIBILITY FOR TAX
 CREDITS  OR  OTHER  BUSINESS  INCENTIVES  FOR WHICH THEY WOULD OTHERWISE
 QUALIFY.
 § 27-3419. DEPARTMENT RESPONSIBILITIES.
   1. WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE  OF  THIS  TITLE,  THE
 DEPARTMENT  SHALL,  IN  ACCORDANCE  WITH  SECTION 27-3435 OF THIS TITLE,
 PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER,
 AND ENFORCE THE PROVISIONS OF THIS TITLE,  INCLUDING  SETTING  STANDARDS
 FOR  CONSUMER  PROTECTION WHEN THE ORGANIZATION DIRECTLY DISBURSES FUNDS
 TO THIRD PARTIES. THESE RULES AND REGULATIONS SHALL INCLUDE  PROHIBITING
 CERTAIN  TOXICS  IN PACKAGING PURSUANT TO SECTION  27-3425 OF THIS TITLE
 AS OF THE DATES SET FORTH THEREIN.
   2. BEGINNING TWO YEARS AFTER THE REQUIRED PROGRAM IMPLEMENTATION  DATE
 AS  CONTEMPLATED  BY  SUBDIVISION THREE OF SECTION 27-3407 OF THIS TITLE
 AND IN NO EVENT LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF  THIS
 TITLE,  AND ANNUALLY THEREAFTER, THE DEPARTMENT SHALL UTILIZE THE INFOR-
 MATION OBTAINED PURSUANT TO PARAGRAPHS (B), (C), (D), (E), (F)  AND  (G)
 OF  SUBDIVISION  THREE  OF  SECTION 27-3405 OF THIS TITLE, AND ANY OTHER
 INFORMATION AVAILABLE TO THE DEPARTMENT, WITH INPUT  FROM  THE  ADVISORY
 COUNCIL,  TO  PRODUCE AN ANNUAL REPORT TO BE SHARED WITH THE LEGISLATURE
 AND POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE.
   3. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN THE MINIMUM RECYCLABLES
 LIST BY REGULATION. THE DEPARTMENT  SHALL  UPDATE  THIS  LIST  ANNUALLY,
 AFTER  THE  INITIAL  ORGANIZATION'S  PLAN IS FIRST APPROVED, CONSIDERING
 RECOMMENDATIONS FROM ORGANIZATIONS AND THE ADVISORY COUNCIL. THE MINIMUM
 RECYCLABLES LIST MAY VARY BY GEOGRAPHIC  REGION  DEPENDING  ON  REGIONAL
 MARKETS AND REGIONAL COLLECTION AND PROCESSING INFRASTRUCTURE, BUT SHALL
 IN ALL CASES MEET THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION 27-3431
 OF THIS TITLE.
   4.  IN  THE EVENT THAT THE DEPARTMENT DETERMINES THAT THE ORGANIZATION
 NO LONGER MEETS THE REQUIREMENTS OF THIS TITLE, OR  FAILS  TO  IMPLEMENT
 AND  ADMINISTER THE REQUIREMENTS OF THIS TITLE IN A MANNER THAT EFFECTU-
 ATES THE PURPOSES OF THIS TITLE, AFTER REASONABLE  OPPORTUNITY  TO  CURE
 SUCH  DEFICIENCIES,  THE  DEPARTMENT  SHALL  REVOKE ITS APPROVAL OF SUCH
 ORGANIZATION AND, SUBJECT TO THE CONTINGENCY PLAN CONTEMPLATED BY  PARA-
 GRAPH  (W)  OF  SUBDIVISION FOUR OF SECTION 27-3407 OF THIS TITLE, SHALL
 SELECT A NEW ORGANIZATION PURSUANT TO SECTION 27-3403 OF THIS TITLE.
 § 27-3421. STATEWIDE PACKAGING REDUCTION,  REUSE,  AND  RECYCLING  NEEDS
              ASSESSMENT.
   1.  NO  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE AND
 EVERY FIVE YEARS THEREAFTER, THE DEPARTMENT SHALL COMPLETE OR  CAUSE  TO
 BE  COMPLETED A STATEWIDE PACKAGING MATERIAL REDUCTION, REUSE, AND RECY-
 CLING NEEDS ASSESSMENT TO DETERMINE THE CURRENT STATE OF PACKAGING MATE-
 RIAL REUSE, RECYCLING, AND DISPOSAL, IDENTIFY BARRIERS AND OPPORTUNITIES
 TO REDUCE THE AMOUNT OF PACKAGING MATERIAL DISCARDED  AND  DISPOSED  OF,
 AND INCREASE THE REUSABILITY AND RECYCLABILITY OF PACKAGING MATERIAL.
   2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING:
   (A) THE CURRENT RECYCLING RATE FOR EACH TYPE OF PACKAGING MATERIAL;
 S. 1464                            20

   (B)  THE  AMOUNT,  BY  WEIGHT AND MATERIAL TYPE, OF PACKAGING MATERIAL
 RECYCLED AT EACH RECYCLING FACILITY  THAT  ACCEPTS  DISCARDED  PACKAGING
 MATERIAL GENERATED IN THE STATE;
   (C)  THE  PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN
 THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND PACKAG-
 ING MATERIAL CATEGORIES SPECIFICALLY;
   (D) THE NET COST OF  END-OF-LIFE  MANAGEMENT  OF  DISCARDED  PACKAGING
 MATERIAL   IN   THE  STATE,  INCLUDING  THE  COST  ASSOCIATED  WITH  THE
 COLLECTION, TRANSPORTATION, SORTATION, RECYCLING,  LITTERING,  LANDFILL-
 ING, OR INCINERATION OF DISCARDED PACKAGING;
   (E)  THE  AVAILABILITY  OF  OPPORTUNITIES  IN  THE RECYCLING AND REUSE
 SYSTEM FOR MINORITY- AND WOMEN-OWNED BUSINESSES;
   (F) CURRENT BARRIERS AFFECTING RECYCLING ACCESS  AND  AVAILABILITY  IN
 THE STATE;
   (G)  CURRENT  BARRIERS  TO  THE  MARKETABILITY OF RECYCLABLE MATERIALS
 GENERATED IN THE STATE;
   (H) OPPORTUNITIES FOR THE CREATION OF  PACKAGING  MATERIAL  REUSE  AND
 REFILL PROGRAMS IN THE STATE;
   (I)  OPPORTUNITIES FOR THE IMPROVEMENT OF PACKAGING MATERIAL RECYCLING
 IN THE STATE, INCLUDING THE DEVELOPMENT  OF  END  MARKETS  FOR  RECYCLED
 PACKAGING MATERIALS;
   (J)  CURRENT  BARRIERS  AFFECTING  THE  CREATION AND IMPLEMENTATION OF
 PACKAGING MATERIAL REUSE AND REFILL PROGRAMS;
   (K) CONSUMER EDUCATION NEEDS IN THE STATE WITH  RESPECT  TO  PACKAGING
 MATERIAL WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY-
 CLING, AND REUSE AND REFILL SYSTEMS FOR PACKAGING MATERIAL; AND
   (L) LANDFILL CAPACITY.
   3.  THE COST INCURRED BY THE DEPARTMENT ASSOCIATED WITH CONDUCTING THE
 NEEDS ASSESSMENT SHALL BE PAID FOR BY THE ORGANIZATION.
   4. THE DEPARTMENT SHALL REPORT THE RESULTS OF THE NEEDS ASSESSMENT  TO
 THE  PUBLIC, THE STATE LEGISLATURE, AND THE GOVERNOR, AND SHALL POST THE
 RESULTS ON ITS WEBSITE.
 § 27-3423. EDUCATION AND OUTREACH PROGRAM.
   1.  THE  ORGANIZATION  SHALL  DEVELOP  AND  IMPLEMENT  AN  EDUCATIONAL
 OUTREACH  PROGRAM  DESIGNED  TO EDUCATE THE PUBLIC ABOUT WASTE REDUCTION
 AND IMPROVE THE EFFECTIVENESS OF LOCAL GOVERNMENT RECYCLING  AND,  AT  A
 MINIMUM, INCLUDE:
   (A)  EDUCATIONAL  AND INFORMATIONAL MATERIALS FOR CONSUMERS RELATED TO
 REDUCING THE AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN
 THE STATE;
   (B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON-
 MENTAL JUSTICE IMPACTS ASSOCIATED WITH IMPROPER  DISPOSAL  OF  PACKAGING
 MATERIAL AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS;
   (C)  INFORMATION  ON  THE  PROPER  END-OF-LIFE MANAGEMENT OF PACKAGING
 MATERIAL, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL;
   (D) THE LOCATION AND AVAILABILITY OF  CURBSIDE  COLLECTION  AND  ADDI-
 TIONAL DROP-OFF COLLECTION OPPORTUNITIES FOR PACKAGING MATERIAL, INCLUD-
 ING DEPOSIT AND TAKE-BACK PROGRAMS;
   (E)  HOW  TO  PREVENT  LITTER  OF PACKAGING MATERIAL IN THE PROCESS OF
 COLLECTION;
   (F) RECYCLING INSTRUCTIONS THAT ARE CONSISTENT  STATEWIDE,  EXCEPT  AS
 NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESS-
 ING CAPABILITIES, EASY TO UNDERSTAND, AND EASILY ACCESSIBLE; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
   2.  THE  EDUCATIONAL OUTREACH PROGRAM SHALL INCORPORATE, AT A MINIMUM,
 ELECTRONIC, PRINT, WEB-BASED AND SOCIAL MEDIA  ELEMENTS,  INCLUDING  FOR
 S. 1464                            21
 
 USE  BY  LOCAL  GOVERNMENTS  AT THEIR DISCRETION, AS WELL AS INCLUDING A
 VARIETY OF OUTREACH  AND  EDUCATION  TOOLS.  SUCH  EDUCATIONAL  OUTREACH
 PROGRAMS  SHALL  ENSURE MATERIALS ARE WIDELY ACCESSIBLE AND AVAILABLE IN
 MULTIPLE LANGUAGES.
   3.  THE  EDUCATIONAL  OUTREACH  PROGRAM  SHALL BE COORDINATED WITH AND
 ASSIST LOCAL GOVERNMENT PROGRAMS, LOCAL GOVERNMENT CONTRACTED  PROGRAMS,
 SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES.
   4.  THE  EDUCATIONAL  OUTREACH  PROGRAM  SHALL  BE DEVELOPED TO ENSURE
 DISADVANTAGED COMMUNITIES RECEIVE TARGETED OUTREACH AND SUPPORT.
   5. THE EDUCATIONAL OUTREACH PROGRAM SHALL INCLUDE A PLAN TO WORK  WITH
 PRODUCERS  TO  LABEL  OR  MARK  PACKAGING  MATERIAL,  IN ACCORDANCE WITH
 REASONABLE LABELING STANDARDS, WITH INFORMATION TO ASSIST  CONSUMERS  IN
 RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS.
   6. THE ORGANIZATION SHALL CONSULT WITH LOCAL GOVERNMENTS ON THE DEVEL-
 OPMENT  OF  EDUCATIONAL  MATERIALS AND MAY COORDINATE WITH LOCAL GOVERN-
 MENTS ON OUTREACH AND COMMUNICATION.
   7. THE ORGANIZATION SHALL  BE  AUTHORIZED  TO  PROVIDE  PRODUCERS  AND
 RETAILERS   WITH   EDUCATIONAL  MATERIALS  RELATED  TO  THE  RESPONSIBLE
 REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF DISCARDED PACKAGING  MATERI-
 AL. THE EDUCATIONAL AND INFORMATIONAL MATERIALS PROVIDED TO THE RETAILER
 UNDER  THIS SUBDIVISION MAY INCLUDE, BUT NEED NOT BE LIMITED TO, PRINTED
 MATERIALS, SIGNAGE AND TEMPLATES OF MATERIALS THAT CAN BE REPRODUCED  BY
 RETAILERS  AND  PROVIDED THEREBY TO CONSUMERS AT THE TIME OF A PRODUCT'S
 PURCHASE, AND ADVERTISING MATERIALS THAT PROMOTE AND ENCOURAGE CONSUMERS
 TO PROPERLY REUSE, RECYCLE, OR DISPOSE OF PACKAGING MATERIAL.
   8. THE ORGANIZATION SHALL MAKE INFORMATION ON RELEVANT TAX CREDITS AND
 OTHER BUSINESS INCENTIVES AVAILABLE TO PRODUCERS.
 § 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
   1. NOTWITHSTANDING TITLE TWO OF ARTICLE THIRTY-SEVEN OF  THIS  CHAPTER
 TO  THE  CONTRARY,  (A)  BEGINNING THREE YEARS AFTER THE PROMULGATION OF
 RULES AND REGULATIONS PURSUANT TO THIS TITLE, NO PERSON OR ENTITY  SHALL
 SELL,  OFFER  FOR  SALE,  OR  DISTRIBUTE  INTO  THE  STATE ANY PACKAGING
 CONTAINING ANY OF THE FOLLOWING TOXIC  SUBSTANCES  OR  MATERIALS  AS  AN
 INTENTIONALLY ADDED SUBSTANCE:
   (I) ORTHO-PHTHALATES;
   (II) BISPHENOLS;
   (III) PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS);
   (IV)  HEAVY METALS AND COMPOUNDS, INCLUDING LEAD, HEXAVALENT CHROMIUM,
 CADMIUM, AND MERCURY,  BUT  EXCLUDING  COPPER  PHTHALOCYANINE  (CHEMICAL
 ABSTRACTS SERVICE REGISTRY NUMBER 147-14-8);
   (V) BENZOPHENONE AND ITS DERIVATIVES;
   (VI) HALOGENATED FLAME RETARDANTS;
   (VII) PERCHLORATE;
   (VIII) FORMALDEHYDE;
   (IX) TOLUENE;
   (X) ANTIMONY AND COMPOUNDS;
   (XI) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL);
   (XII) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE;
   (XIII) POLYSTYRENE BUT EXCLUDING EPS (EXPANDED POLYSTYRENE); OR
   (XIV) POLYCARBONATE.
   (B)  BEGINNING  FIVE  YEARS  AFTER THE PROMULGATION OF RULES AND REGU-
 LATIONS PURSUANT TO THIS TITLE, NO PERSON OR ENTITY  SHALL  SELL,  OFFER
 FOR  SALE,  OR DISTRIBUTE INTO THE STATE ANY PACKAGING CONTAINING ANY OF
 THE TOXIC SUBSTANCES LISTED IN PARAGRAPH (A) OF THIS  SUBDIVISION,  EVEN
 IF  THEY  ARE  NOT AN INTENTIONALLY ADDED SUBSTANCE, AT OR ABOVE A LEVEL
 THAT THE DEPARTMENT SHALL ESTABLISH BY REGULATION  THAT  IS  THE  LOWEST
 S. 1464                            22
 
 LEVEL THAT CAN FEASIBLY BE ACHIEVED; PROVIDED, HOWEVER, THAT THE DEPART-
 MENT  SHALL  REVIEW  SUCH LEVEL EVERY FIVE YEARS TO DETERMINE WHETHER IT
 SHOULD BE LOWERED.
   2. (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A TOXIC PACK-
 AGING  TASK  FORCE TO REVIEW THE TOXICITY IN PACKAGING IN THE STATE, AND
 TO RECOMMEND TO THE  DEPARTMENT  THE  DESIGNATION  OF  ADDITIONAL  TOXIC
 SUBSTANCES  WHICH  SHALL  BE  SUBJECT  TO  THE SAME PROHIBITION AS THOSE
 SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION.
   (B) THE TOXIC PACKAGING TASK FORCE SHALL HAVE  NINE  MEMBERS,  ONE  OF
 WHOM SHALL BE THE COMMISSIONER OR THEIR DESIGNEE WHO SHALL BE CHAIR, AND
 ONE  OF  WHOM SHALL BE THE COMMISSIONER OF HEALTH OR THEIR DESIGNEE. THE
 OTHER MEMBERS SHALL INCLUDE:   (I) A  REPRESENTATIVE  OF  THE  PACKAGING
 INDUSTRY;  (II)  A  REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE ORGANIZA-
 TION; (III) A REPRESENTATIVE FROM THE CHEMICAL INDUSTRY; (IV) A  PROFES-
 SIONAL  OR  ACADEMIC  EXPERT  IN  TOXICOLOGY;  AND (V) A PROFESSIONAL OR
 ACADEMIC EXPERT IN PUBLIC HEALTH RISK ASSESSMENT; ALL OF WHOM  SHALL  BE
 APPOINTED  BY  THE  COMMISSIONER. THE REMAINING MEMBERS SHALL BE PERSONS
 WITH SIGNIFICANT PROFESSIONAL OR ACADEMIC EXPERTISE IN MATERNAL OR CHILD
 HEALTH, EPIDEMIOLOGY, CHEMICAL SAFETY OR PUBLIC HEALTH  POLICY,  ONE  OF
 WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE
 OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.  APPOINTMENTS
 TO  THE  TOXIC PACKAGING TASK FORCE ARE TERM LIMITED TO FIVE CONSECUTIVE
 YEARS OF SERVICE.
   (C) THE TASK FORCE SHALL MEET AT LEAST TWICE PER YEAR  TO  REVIEW  AND
 RECOMMEND  TO  THE  DEPARTMENT  WHETHER  (I)  THERE ARE ADDITIONAL TOXIC
 SUBSTANCES OR CLASSES OF TOXIC SUBSTANCES  FOR  USE  IN  PACKAGING  THAT
 SHOULD  NO  LONGER  BE  SOLD, OFFERED FOR SALE, DISTRIBUTED FOR SALE, OR
 DISTRIBUTED FOR SUCH USE  IN  THIS  STATE,  AND  (II)  THERE  SHOULD  BE
 SUBSTANCE  OR  MATERIAL-SPECIFIC EXCEPTIONS TO THE PROHIBITIONS PROVIDED
 FOR IN SUBDIVISION ONE OF THIS SECTION, PROVIDED SUCH RECOMMENDATION MAY
 BE MADE ONLY UPON A DEMONSTRATION OF SUBSTANTIAL AND CONVINCING EVIDENCE
 THAT SUCH SUBSTANCE OR MATERIAL DOES NOT MEET THE CRITERIA  FOR  CLASSI-
 FICATION AS A TOXIC SUBSTANCE OR MATERIAL.
   3.  (A)  WITHIN  ONE  HUNDRED  EIGHTY DAYS OF THE TOXIC PACKAGING TASK
 FORCE RECOMMENDING THE DESIGNATION OF AN ADDITIONAL TOXIC SUBSTANCE, THE
 DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO DESIGNATE SUCH SUBSTANCE
 AS A TOXIC SUBSTANCE UNDER THIS SECTION AND PROHIBIT  THE  USE  OF  SUCH
 TOXIC  SUBSTANCE  IN  PACKAGING  IN  THE  SAME  MANNER  AS  THOSE  TOXIC
 SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION, WITH AN  EFFECTIVE
 DATE  NO  LATER  THAN  TWO  YEARS AFTER THE DATE OF SUCH RECOMMENDATION,
 UNLESS THE DEPARTMENT DETERMINES THAT  SUCH  TWO-YEAR  PERIOD  WOULD  BE
 UNDULY  BURDENSOME,  IN  WHICH  CASE  THE  DEPARTMENT SHALL ESTABLISH AN
 EFFECTIVE DATE FOR SUCH PROHIBITION NO LATER THAN FOUR YEARS  AFTER  THE
 DATE OF SUCH RECOMMENDATION.
   (B) THE DEPARTMENT MAY EVALUATE RECOMMENDATIONS FROM THE TOXIC PACKAG-
 ING  TASK  FORCE FOR EXCEPTIONS AS PROVIDED IN PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF THIS SECTION, AND UPON A DEMONSTRATION  OF  SUBSTANTIAL  AND
 CONVINCING  EVIDENCE  THAT  SUCH SUBSTANCE OR MATERIAL DOES NOT MEET THE
 CRITERIA FOR CLASSIFICATION AS A TOXIC SUBSTANCE OR MATERIAL, MAY  ADOPT
 RULES  AND  REGULATIONS TO EXCEPT SUCH SUBSTANCE AS A TOXIC SUBSTANCE OR
 MATERIAL.
   4. ANY PRODUCER THAT VIOLATES THIS SECTION,  OR  ANY  RULES  OR  REGU-
 LATIONS PROMULGATED PURSUANT TO THIS SECTION, SHALL BE SUBJECT TO A FINE
 FOR EACH VIOLATION NOT TO EXCEED TEN THOUSAND DOLLARS PER VIOLATION. FOR
 THE  PURPOSES  OF  THIS SECTION, EACH PRODUCT LINE THAT IS SOLD, OFFERED
 FOR SALE, OR DISTRIBUTED TO  CONSUMERS,  VIA  RETAIL  COMMERCE,  IN  THE
 S. 1464                            23
 
 STATE,  INCLUDING  THROUGH AN INTERNET TRANSACTION SHALL BE CONSIDERED A
 SEPARATE VIOLATION.
 § 27-3427. NON-REUSABLE PACKAGING REDUCTION STANDARDS.
   1.  EACH INDIVIDUAL PRODUCER IS REQUIRED TO MEET THE FOLLOWING PACKAG-
 ING REDUCTION REQUIREMENTS:
   (A) BEGINNING THREE YEARS AFTER THE PROGRAM  IMPLEMENTATION  DATE  SET
 FORTH  IN  SUBDIVISION  THREE OF SECTION 27-3407 OR JANUARY FIRST OF THE
 THIRD YEAR FOLLOWING THE DATE ON WHICH A PRODUCER FIRST  REGISTERS  WITH
 AN ORGANIZATION IF A PRODUCER REGISTERS AFTER THE PROGRAM IMPLEMENTATION
 DATE, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING
 MATERIAL,  AND THE AMOUNT OF ALL OTHER PACKAGING MATERIAL, IN EACH CASE,
 BY TEN PERCENT EITHER ON A COMPANY-WIDE BASIS OR BY UNIT WEIGHT, FOR ALL
 PACKAGING MATERIALS USED  TO  CONTAIN,  PROTECT,  DELIVER,  PRESENT,  OR
 DISTRIBUTE  THE  PRODUCTS  THEY  SELL, OFFER FOR SALE, OR DISTRIBUTE FOR
 SALE IN THE STATE.
   (B) BEGINNING FIVE YEARS AFTER THE  PROGRAM  IMPLEMENTATION  DATE  SET
 FORTH  IN  SUBDIVISION  THREE OF SECTION 27-3407 OR JANUARY FIRST OF THE
 FIFTH YEAR FOLLOWING THE DATE ON WHICH A PRODUCER FIRST  REGISTERS  WITH
 AN ORGANIZATION IF A PRODUCER REGISTERS AFTER THE PROGRAM IMPLEMENTATION
 DATE, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING
 MATERIAL,  AND THE AMOUNT OF ALL OTHER PACKAGING MATERIAL, IN EACH CASE,
 BY FIFTEEN PERCENT EITHER ON A COMPANY-WIDE BASIS OR BY UNIT WEIGHT, FOR
 ALL PACKAGING MATERIALS USED TO CONTAIN, PROTECT, DELIVER,  PRESENT,  OR
 DISTRIBUTE  THE  PRODUCTS  THEY  SELL, OFFER FOR SALE, OR DISTRIBUTE FOR
 SALE IN THE STATE.
   (C) BEGINNING EIGHT YEARS AFTER THE PROGRAM  IMPLEMENTATION  DATE  SET
 FORTH  IN  SUBDIVISION  THREE OF SECTION 27-3407 OR JANUARY FIRST OF THE
 EIGHTH YEAR FOLLOWING THE DATE ON WHICH A PRODUCER FIRST REGISTERS  WITH
 AN ORGANIZATION IF A PRODUCER REGISTERS AFTER THE PROGRAM IMPLEMENTATION
 DATE, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING
 MATERIAL,  AND THE AMOUNT OF ALL OTHER PACKAGING MATERIAL, FOR ALL MATE-
 RIALS USED TO CONTAIN, PROTECT,  DELIVER,  PRESENT,  OR  DISTRIBUTE  THE
 PRODUCTS  THEY  SELL,  OFFER  FOR  SALE, OR DISTRIBUTE FOR SALE INTO THE
 STATE, IN EACH CASE, BY TWENTY PERCENT EITHER ON A COMPANY-WIDE BASIS OR
 BY UNIT WEIGHT, FOR ALL PACKAGING MATERIALS USED  TO  CONTAIN,  PROTECT,
 DELIVER,  PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE,
 OR DISTRIBUTE FOR SALE IN THE STATE.
   (D) BEGINNING TEN YEARS AFTER  THE  PROGRAM  IMPLEMENTATION  DATE  SET
 FORTH  IN  SUBDIVISION  THREE OF SECTION 27-3407 OR JANUARY FIRST OF THE
 TENTH YEAR FOLLOWING THE DATE ON WHICH A PRODUCER FIRST  REGISTERS  WITH
 AN ORGANIZATION IF A PRODUCER REGISTERS AFTER THE PROGRAM IMPLEMENTATION
 DATE, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING
 MATERIAL,  AND THE AMOUNT OF ALL OTHER PACKAGING MATERIAL, FOR ALL MATE-
 RIALS USED TO CONTAIN, PROTECT,  DELIVER,  PRESENT,  OR  DISTRIBUTE  THE
 PRODUCTS  THEY  SELL,  OFFER  FOR  SALE, OR DISTRIBUTE FOR SALE INTO THE
 STATE, IN EACH CASE, BY TWENTY-FIVE PERCENT  EITHER  ON  A  COMPANY-WIDE
 BASIS  OR  BY  UNIT  WEIGHT FOR ALL PACKAGING MATERIALS USED TO CONTAIN,
 PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY  SELL,  OFFER
 FOR SALE, OR DISTRIBUTE FOR SALE IN THE STATE.
   (E)  BEGINNING  TWELVE YEARS AFTER THE PROGRAM IMPLEMENTATION DATE SET
 FORTH IN SUBDIVISION THREE OF SECTION 27-3407 OR JANUARY  FIRST  OF  THE
 TWELFTH YEAR FOLLOWING THE DATE ON WHICH A PRODUCER FIRST REGISTERS WITH
 AN ORGANIZATION IF A PRODUCER REGISTERS AFTER THE PROGRAM IMPLEMENTATION
 DATE, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING
 MATERIAL,  AND THE AMOUNT OF ALL OTHER PACKAGING MATERIAL, FOR ALL MATE-
 RIALS USED TO CONTAIN, PROTECT,  DELIVER,  PRESENT,  OR  DISTRIBUTE  THE
 S. 1464                            24
 
 PRODUCTS  THEY  SELL,  OFFER  FOR  SALE, OR DISTRIBUTE FOR SALE INTO THE
 STATE, IN EACH CASE, BY THIRTY PERCENT EITHER ON A COMPANY-WIDE BASIS OR
 BY UNIT WEIGHT, FOR ALL PACKAGING MATERIALS USED  TO  CONTAIN,  PROTECT,
 DELIVER,  PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE,
 OR DISTRIBUTE FOR SALE IN THE STATE.
   2. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL BE  MEASURED  AGAINST
 THE  PACKAGING  MATERIAL  THE  PRODUCER  USED DURING THE FIRST YEAR SUCH
 PRODUCER REGISTERED WITH AN ORGANIZATION.
   3. THESE REDUCTIONS SHALL BE ACHIEVED BY ELIMINATING SINGLE-USE  PACK-
 AGING  MATERIAL,  INCLUDING  SECONDARY  OR  TERTIARY PACKAGING MATERIAL,
 ELIMINATION OF PACKAGING MATERIAL  COMPONENTS,  REDUCTION  OF  PACKAGING
 MATERIAL COMPONENTS, OR BY TRANSITIONING TO REUSABLE OR REFILLABLE PACK-
 AGING  SYSTEMS.  REDUCTIONS MAY ALSO BE ACHIEVED BY SUBSTITUTING PLASTIC
 PACKAGING MATERIAL WITH NON-PLASTIC  PACKAGING  MATERIAL.  HOWEVER,  THE
 REDUCTIONS  REQUIRED BY THIS SECTION SHALL NOT BE ACHIEVED BY SUBSTITUT-
 ING NON-PLASTIC MATERIALS WITH PLASTIC MATERIALS OR SUBSTITUTING RECYCL-
 ABLE MATERIALS WITH NON-RECYCLABLE MATERIALS.
   4. IN THE CASE OF A PRODUCER FOR WHICH, AS OF THE  EFFECTIVE  DATE  OF
 THIS  TITLE  OR  UPON ENTRY INTO THE MARKET AFTER SUCH EFFECTIVE DATE, A
 PORTION OF ITS PACKAGING IS REUSABLE AND CONTAINED WITHIN  A  REUSE  AND
 REFILL  SYSTEM,  SUCH  PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER
 FROM THE PACKAGING REDUCTION REQUIREMENTS SET FORTH IN  SUBDIVISION  ONE
 OF  THIS  SECTION  WITH  RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY
 UNIT WEIGHT, WHICH IS CONTAINED WITHIN A REUSE AND REFILL SYSTEM.
   5. IN THE CASE OF A PRODUCER THAT DEMONSTRATES IN A  MANNER  SATISFAC-
 TORY TO THE DEPARTMENT THAT, FOR THE PERIOD BEGINNING TEN YEARS PRIOR TO
 THE  EFFECTIVE  DATE  OF  THIS TITLE AND ENDING ON THE DATE WHICH IS TWO
 YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, THE PRODUCER  REDUCED  THE
 AMOUNT  OF  PACKAGING  USED  TO  CONTAIN,  PROTECT, DELIVER, PRESENT, OR
 DISTRIBUTE THE PRODUCTS THE PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIB-
 UTES FOR SALE INTO THE STATE, SUCH  PRODUCER MAY APPLY TO THE DEPARTMENT
 FOR A WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS OF  THIS  SECTION
 WITH  RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY UNIT WEIGHT, WHICH
 WAS REDUCED DURING SUCH TWELVE-YEAR PERIOD.
   6. A PRODUCER MAY APPLY TO  THE  DEPARTMENT  FOR  A  WAIVER  FROM  THE
 REDUCTION  REQUIREMENTS  OF THIS SECTION IF COMPLIANCE IS IMPOSSIBLE DUE
 TO FEDERAL LAW OR OTHERWISE CONFLICTS WITH FEDERAL  LAW.    SUCH  WAIVER
 MUST  BE  APPLIED FOR ANNUALLY.   IN SUCH APPLICATION THE PRODUCER SHALL
 PROVIDE THE DEPARTMENT AND THE ADVISORY COUNCIL WITH SUFFICIENT INFORMA-
 TION, IN THE DETERMINATION OF THE DEPARTMENT IN  CONSULTATION  WITH  THE
 ADVISORY COUNCIL, TO MAKE A DETERMINATION ON SUCH APPLICATION, INCLUDING
 PROOF  THAT  THE  PRODUCER HAS TAKEN ALL FEASIBLE ACTIONS TO ACHIEVE THE
 REDUCTIONS REQUIRED BY THIS SECTION.
   7. NOTHING IN THIS SECTION SHALL PRECLUDE A PRODUCER FROM GOING BEYOND
 THE REDUCTION STANDARDS IN SUBDIVISION ONE OF THIS SECTION.
 § 27-3429. RECYCLED CONTENT STANDARDS.
   1. EACH INDIVIDUAL PRODUCER SHALL MEET THE RECYCLING  CONTENT  TARGETS
 CONTAINED IN THIS SECTION.
   2.  BEGINNING  TWO  YEARS  AFTER PROMULGATION OF RULES AND REGULATIONS
 PURSUANT TO THIS TITLE:
   (A) ALL GLASS CONTAINERS MANUFACTURED IN THE STATE USED BY THE PRODUC-
 ER SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST-CONSUMER
 RECYCLED CONTENT;
   (B) ALL PAPER CARRYOUT BAGS SOLD, OFFERED FOR SALE, OR GIVEN AWAY FREE
 IN THE STATE BY A PRODUCER SHALL CONTAIN, ON  AVERAGE,  AT  LEAST  FORTY
 PERCENT POST-CONSUMER RECYCLED CONTENT; EXCEPT THAT A PAPER CARRYOUT BAG
 S. 1464                            25
 
 THAT  HOLDS  EIGHT  POUNDS OR LESS SHALL ONLY BE REQUIRED TO CONTAIN, ON
 AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUMER RECYCLED CONTENT; AND
   (C)  ALL PLASTIC TRASH BAGS SOLD OR OFFERED FOR SALE IN THE STATE BY A
 PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUM-
 ER RECYCLED CONTENT.
   3. THE REQUIREMENTS OF THIS SECTION SHALL NOT  APPLY  TO  REUSABLE  OR
 REFILLABLE PACKAGING OR CONTAINERS.
   4.  BEGINNING  TWO  YEARS  AFTER  PLAN  IMPLEMENTATION  BEGINS FOR THE
 INITIAL ORGANIZATION, THE DEPARTMENT IS AUTHORIZED, IN CONSULTATION WITH
 THE ADVISORY COUNCIL, TO:
   (A) ESTABLISH CONTENT REQUIREMENTS FOR MATERIALS NOT LISTED IN  SUBDI-
 VISION TWO OF THIS SECTION; AND
   (B)  MODIFY THE POST-CONSUMER RECYCLED CONTENT TARGETS FOR THE MATERI-
 ALS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT  MODIFI-
 CATIONS  DO NOT RESULT IN A LESSER PERCENTAGE OR AN EARLIER YEAR FOR THE
 RESPECTIVE TARGET.
 § 27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIREMENTS.
   1. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS
 PURSUANT TO THIS TITLE, PACKAGING MATERIALS USED  BY  A  PRODUCER  SHALL
 MEET THE FOLLOWING RECYCLABILITY CRITERIA:
   (A)  BE  CAPABLE  OF  BEING SORTED BY ENTITIES THAT PROCESS RECYCLABLE
 MATERIAL GENERATED IN THE STATE;
   (B) HAVE A CONSISTENT REGIONAL MARKET FOR PURCHASE, BY  END  USERS  IN
 THE PRODUCTION OF NEW PRODUCTS;
   (C) NOT CONTAIN THE FOLLOWING:
   (I) OPAQUE OR PIGMENTED POLYETHYLENE TEREPHTHALATE;
   (II) OXO-DEGRADABLE ADDITIVES, INCLUDING OXO-BIODEGRADABLE ADDITIVES;
   (III) POLYETHYLENE TEREPHTHALATE GLYCOL IN RIGID PACKAGING;
   (IV)  LABEL  CONSTRUCTIONS,  INCLUDING  ADHESIVES, INKS, MATERIALS AND
 FORMATS, OR FEATURES THAT RENDER A PACKAGE NON-RECYCLABLE OR  DISRUPTIVE
 TO THE RECYCLING PROCESS; AND
   (V) DOPS - POLYSTYRENE, EXCLUDING EPS (EXPANDED POLYSTYRENE);
   (D) MEET THE POST-CONSUMER CONTENT REQUIREMENTS OF THIS TITLE; AND
   (E) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT.
   2.  EACH  INDIVIDUAL  PRODUCER SHALL BE REQUIRED TO MEET THE FOLLOWING
 RECYCLING RATE STANDARDS:
   (A) WITH RESPECT TO THE PRODUCER'S NON-PLASTIC PACKAGING:
   (I) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, A MINIMUM  OF  THIR-
 TY-FIVE  PERCENT  OF  PACKAGING  MATERIAL REPORTED BY THE PRODUCER OR AN
 ORGANIZATION AS SUPPLIED INTO THE STATE SHALL  BE  REUSED  OR  RECYCLED,
 WITH A MINIMUM OF FIVE PERCENT BEING REUSED;
   (II)  BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-SEVEN, A MINIMUM OF
 FIFTY PERCENT OF PACKAGING MATERIAL  REPORTED  BY  THE  PRODUCER  OR  AN
 ORGANIZATION  AS  SUPPLIED  INTO  THE STATE SHALL BE REUSED OR RECYCLED,
 WITH A MINIMUM OF TEN PERCENT BEING REUSED; AND
   (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY-TWO,  A  MINIMUM  OF
 SEVENTY-FIVE  PERCENT  OF PACKAGING MATERIAL REPORTED BY THE PRODUCER OR
 AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR  RECYCLED,
 WITH A MINIMUM OF TWENTY PERCENT BEING REUSED.
   (B) WITH RESPECT TO PLASTIC PACKAGING:
   (I)  BEGINNING  JANUARY FIRST, TWO THOUSAND THIRTY, A MINIMUM OF TWEN-
 TY-FIVE PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY  THE  PRODUCER
 OR  AN  ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECY-
 CLED;
   (II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-SEVEN, A MINIMUM  OF
 FIFTY  PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY THE PRODUCER OR
 S. 1464                            26
 
 AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR  RECYCLED;
 AND
   (III)  BEGINNING  JANUARY  FIRST, TWO THOUSAND FIFTY-TWO, A MINIMUM OF
 SEVENTY-FIVE PERCENT OF  PLASTIC  PACKAGING  MATERIAL  REPORTED  BY  THE
 PRODUCER  OR  AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED
 OR RECYCLED.
   3. THE DEPARTMENT MAY ADJUST THE RECYCLING RATES IN SUBDIVISION TWO OF
 THIS SECTION BY RULEMAKING BASED ON  INFORMATION  GATHERED  THROUGH  THE
 NEEDS ASSESSMENT OR PROVIDED IN PRODUCER PLANS AND REPORTS, AND/OR BASED
 ON CONSIDERATION OF ENVIRONMENTAL, TECHNICAL AND ECONOMIC CONDITIONS. AN
 ADJUSTMENT  TO THE STATEWIDE RECYCLING AND REUSE PERFORMANCE TARGETS MAY
 NOT ADJUST THE RECYCLING RATE TARGET TO LESS THAN THIRTY PERCENT OR MORE
 THAN SEVENTY-FIVE PERCENT.
   4. A PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER FROM THE  RECY-
 CLING  RATE REQUIREMENTS OF THIS SECTION IF COMPLIANCE IS IMPOSSIBLE DUE
 TO FEDERAL LAW OR OTHERWISE CONFLICTS WITH FEDERAL  LAW.    SUCH  WAIVER
 SHALL  BE  APPLIED  FOR ANNUALLY. IN SUCH APPLICATION THE PRODUCER SHALL
 PROVIDE THE DEPARTMENT AND THE ADVISORY COUNCIL WITH SUFFICIENT INFORMA-
 TION, IN THE DETERMINATION OF THE DEPARTMENT IN  CONSULTATION  WITH  THE
 ADVISORY COUNCIL, TO MAKE A DETERMINATION ON SUCH APPLICATION, INCLUDING
 PROOF  THAT  THE  PRODUCER HAS TAKEN ALL FEASIBLE ACTIONS TO ACHIEVE THE
 REDUCTIONS REQUIRED BY THIS SECTION.
   5. THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
 TO REUSABLE OR REFILLABLE PACKAGING OR CONTAINERS.
 § 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL.
   1. THE COMMISSIONER SHALL ESTABLISH AN INDEPENDENT OFFICE OF RECYCLING
 INSPECTOR GENERAL WITHIN THE DEPARTMENT. THE RECYCLING INSPECTOR GENERAL
 SHALL EVALUATE THE PROGRAMS AND ORGANIZATIONS CREATED PURSUANT  TO  THIS
 TITLE  ON AN ANNUAL BASIS AND SHALL ENSURE SUCH PROGRAMS ARE FUNCTIONING
 PROPERLY, AND THAT ALL ORGANIZATIONS AND  PRODUCERS  ARE  IN  COMPLIANCE
 WITH THE REQUIREMENTS OF THIS TITLE.
   2.  THE RECYCLING INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO INVES-
 TIGATE THE  COMPLIANCE  OF  PRODUCERS  AND  THE  ORGANIZATION  WITH  ALL
 PROVISIONS OF THIS TITLE AND TO BRING ENFORCEMENT ACTIONS FOR VIOLATIONS
 OF  THIS  TITLE  PURSUANT  TO  THE PROVISIONS OF SECTION 27-3435 OF THIS
 TITLE.  A VIOLATION BY THE ORGANIZATION AS THE RESULT OF ACTIONS BY  ONE
 OR MORE PRODUCERS SHALL BE ENFORCEABLE BY THE RECYCLING INSPECTOR GENER-
 AL AS VIOLATIONS AGAINST SUCH PRODUCERS.
 § 27-3435. PENALTIES AND ENFORCEMENT.
   1. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE SHALL SUBJECT
 THE  ORGANIZATION OR AN INDIVIDUAL PRODUCER TO PENALTIES FOR VIOLATIONS.
 THE DEPARTMENT, RECYCLING INSPECTOR GENERAL, OR  ATTORNEY  GENERAL,  MAY
 CONDUCT INVESTIGATIONS, INCLUDING INSPECTING OPERATIONS, FACILITIES, AND
 RECORDS OF PRODUCERS AND ORGANIZATIONS, AND PERFORMING AUDITS OF PRODUC-
 ERS AND ORGANIZATIONS, TO DETERMINE WHETHER SUCH PRODUCERS AND ORGANIZA-
 TIONS ARE COMPLYING WITH THE REQUIREMENTS OF THIS TITLE.
   2.  THE  DEPARTMENT,  THE RECYCLING INSPECTOR GENERAL, OR THE ATTORNEY
 GENERAL, SHALL NOTIFY AN ORGANIZATION OR  PRODUCER  OF  ANY  CONDUCT  OR
 PRACTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND OF
 ANY INCONSISTENCIES IDENTIFIED IN AN AUDIT.
   3.  THE  DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, AND THE ATTORNEY
 GENERAL, MAY ISSUE A NOTICE OF VIOLATION TO, AND IMPOSE  AN  ADMINISTRA-
 TIVE  CIVIL  PENALTY  NOT  TO  EXCEED  ONE  THOUSAND DOLLARS PER DAY PER
 VIOLATION ON ANY ENTITY NOT IN COMPLIANCE WITH THIS TITLE OR ANY OF  THE
 REGULATIONS  THE  DEPARTMENT  ADOPTS  TO  IMPLEMENT  THIS TITLE. FOR THE
 PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS  SOLD,  OFFERED  FOR
 S. 1464                            27

 SALE,  OR  DISTRIBUTED  TO  CONSUMERS  VIA RETAIL COMMERCE IN THE STATE,
 INCLUDING THROUGH AN INTERNET TRANSACTION, SHALL BE CONSIDERED  A  SEPA-
 RATE VIOLATION.
   4. 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.
 § 27-3437. RULES AND REGULATIONS.
   1. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  DEPARTMENT  SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS TITLE.
   2. WHEN PROMULGATING RULES PURSUANT TO THE PROVISIONS OF THIS SECTION,
 THE DEPARTMENT SHALL SOLICIT INPUT FROM THE PUBLIC OF ANY DRAFT RULE  OR
 REGULATION  TO  IMPLEMENT THIS SECTION, INCLUDING AT A MINIMUM A NINETY-
 DAY COMMENT PERIOD AND ONE PUBLIC HEARING ON SUCH DRAFT RULES.
 § 27-3439. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS
 OF PACKAGING REDUCTION  AND  RECYCLING  ORGANIZATIONS  RELATING  TO  THE
 RECOVERY  OF  PACKAGING MATERIALS SHALL, BY THIS TITLE, BE VESTED EXCLU-
 SIVELY IN THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL
 PRECLUDE ANY CITY, TOWN, VILLAGE OR  OTHER  LOCAL  PLANNING  UNITS  FROM
 DETERMINING  WHAT  MATERIALS  SHALL BE INCLUDED FOR RECYCLING IN A LOCAL
 GOVERNMENT RECYCLING COLLECTION PROGRAM OR  SHALL  PRECLUDE  ANY  PERSON
 FROM  COORDINATING,  FOR RECYCLING OR REUSE, THE COLLECTION OF PACKAGING
 MATERIALS AND PRODUCTS.
 § 27-3441. OTHER ASSISTANCE PROGRAMS.
   NOTHING IN THIS TITLE SHALL IMPACT ANY PRODUCER  ELIGIBILITY  FOR  ANY
 STATE  OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE OTHER-
 WISE ELIGIBLE.
 § 27-3443. ANTITRUST PROTECTIONS.
   A PRODUCER SHALL NOT BE LIABLE FOR ANY CLAIM OF A VIOLATION  OF  ANTI-
 TRUST, RESTRAINT OF TRADE, OR UNFAIR TRADE PRACTICE ARISING FROM CONDUCT
 UNDERTAKEN  IN  ORDER TO COMPLY WITH THIS TITLE; PROVIDED, HOWEVER, THIS
 SECTION SHALL NOT APPLY TO ANY AGREEMENT ESTABLISHING OR  AFFECTING  THE
 PRICE  OF  PACKAGING MATERIAL, OR THE OUTPUT OR PRODUCTION OF ANY AGREE-
 MENT RESTRICTING THE GEOGRAPHIC AREA OR  CUSTOMERS  TO  WHICH  PACKAGING
 MATERIAL WILL BE SOLD.
 § 27-3445. 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.  The  environmental  conservation law is amended by adding a new
 section 37-0202 to read as follows:
 § 37-0202. APPLICABILITY.
   THIS ARTICLE SHALL ONLY HAVE EFFECT TO THE EXTENT  THAT  THE  PROHIBI-
 TIONS  IN  THIS TITLE ARE NOT OTHERWISE SUBSTANTIALLY GIVEN EFFECT OR IN
 CONFLICT WITH THE PROVISIONS OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEV-
 EN OF THIS CHAPTER.
   § 4. This act shall take effect immediately.