S T A T E O F N E W Y O R K
________________________________________________________________________
9239--A
2009-2010 Regular Sessions
I N A S S E M B L Y
November 9, 2009
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
establishing a paint stewardship pilot program and to amend the state
finance law, in relation to establishing a product stewardship fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Declaration of legislative intent and findings. The legis-
2 lature finds and declares that it is in the public interest of the state
3 of New York for architectural paint producers to finance and manage an
4 environmentally sound, cost-effective architectural paint stewardship
5 pilot program, undertaking responsibility for the development and imple-
6 mentation of strategies to reduce the generation of post-consumer archi-
7 tectural paint, promote the reuse of post-consumer architectural paint
8 and collect, transport and process post-consumer architectural paint for
9 end-of-product-life management, including reuse and recycling.
10 S 2. Article 27 of the environmental conservation law is amended by
11 adding a new title 20 to read as follows:
12 TITLE 20
13 PAINT STEWARDSHIP PILOT PROGRAM
14 SECTION 27-2001. SHORT TITLE.
15 27-2003. DECLARATION OF POLICY.
16 27-2005. DEFINITIONS.
17 27-2007. PRODUCER COLLECTION.
18 27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
19 27-2011. RETAILER REQUIREMENTS.
20 27-2013. DEPARTMENT RESPONSIBILITIES.
21 27-2015. REPORTING REQUIREMENTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14800-02-0
A. 9239--A 2
1 S 27-2001. SHORT TITLE.
2 THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "NEW YORK STATE
3 PAINT STEWARDSHIP PILOT PROGRAM".
4 S 27-2003. DECLARATION OF POLICY.
5 IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THE STATE OF NEW YORK
6 TO PROMOTE THE DEVELOPMENT AND IMPLEMENTATION OF STRATEGIES TO REDUCE
7 THE GENERATION OF POST-CONSUMER ARCHITECTURAL PAINT, TO ENCOURAGE THE
8 REUSE OF POST-CONSUMER ARCHITECTURAL PAINT, AND TO MAXIMIZE THE
9 COLLECTION, TRANSPORT, AND PROCESS OF POST-CONSUMER ARCHITECTURAL PAINT
10 FOR END-OF-PRODUCT-LIFE MANAGEMENT.
11 S 27-2005. DEFINITIONS.
12 WHEN USED IN THIS TITLE:
13 1. "ARCHITECTURAL PAINT" MEANS INTERIOR AND EXTERIOR ARCHITECTURAL
14 COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
15 DOES NOT MEAN INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
16 2. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO OWNS OR USES
17 ARCHITECTURAL PAINT, INCLUDING BUT NOT LIMITED TO AN INDIVIDUAL, A BUSI-
18 NESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT ORGANIZATION, OR
19 GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED IN A WHOLE-
20 SALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
21 3. "DISTRIBUTOR" MEANS A COMPANY THAT HAS A CONTRACTUAL RELATIONSHIP
22 WITH ONE OR MORE PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
23 RETAILERS IN THIS STATE.
24 4. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, COMPA-
25 NY, CORPORATION, NOT-FOR-PROFIT CORPORATION, ASSOCIATION, GOVERNMENTAL
26 ENTITY, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, FIRM, ORGANIZA-
27 TION, OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY OFFICER OR EMPLOYEE OR
28 AGENT THEREOF.
29 5. "POST-CONSUMER ARCHITECTURAL PAINT" MEANS ARCHITECTURAL PAINT NOT
30 USED AND NO LONGER WANTED BY ITS PURCHASER.
31 6. "PRODUCER" MEANS A PERSON THAT MANUFACTURES ARCHITECTURAL PAINT
32 THAT IS SOLD OR OFFERED FOR SALE IN THIS STATE.
33 7. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
34 NENTS AND BY-PRODUCTS ARE TRANSFORMED INTO NEW USABLE OR MARKETABLE
35 MATERIALS IN A MANNER IN WHICH THE PRODUCTS MAY LOSE THEIR ORIGINAL
36 COMPOSITION. RECYCLING DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENER-
37 ATION BY MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS AND BY-PRO-
38 DUCTS WITH OR WITHOUT OTHER WASTE PRODUCTS FROM POST-CONSUMER ARCHITEC-
39 TURAL PAINT.
40 8. "RETAILER" MEANS ANY PERSON THAT SELLS OR OFFERS FOR SALE ARCHITEC-
41 TURAL PAINT AT RETAIL IN THIS STATE.
42 9. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
43 USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE USE OF THE PRODUCT,
44 WITHOUT A CHANGE IN THE PRODUCT'S ORIGINAL COMPOSITION.
45 10. "SELL" OR "SALE" MEANS ANY TRANSFER OF TITLE FOR CONSIDERATION,
46 INCLUDING REMOTE SALES CONDUCTED THROUGH SALES OUTLETS, CATALOGS OR THE
47 INTERNET OR THROUGH ANY OTHER SIMILAR ELECTRONIC MEANS.
48 S 27-2007. PRODUCER COLLECTION.
49 1. BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, A RETAILER/PRODUCER
50 SHALL ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE ARCHITECTURAL PAINT FOR
51 WHICH IT IS THE PRODUCER WITH THE PURCHASE OF ARCHITECTURAL PAINT BY A
52 CONSUMER.
53 2. BEGINNING JULY FIRST, TWO THOUSAND TWELVE, A RETAILER/PRODUCER
54 SHALL ACCEPT FOR DISPOSAL AND RECYCLING OR REUSE ANY/ALL ARCHITECTURAL
55 PAINT FOR WHICH IT IS THE PRODUCER.
56 S 27-2009. PRODUCER REGISTRATION AND RESPONSIBILITIES.
A. 9239--A 3
1 1. A PRODUCER SHALL SUBMIT A REGISTRATION TO THE DEPARTMENT BY JANUARY
2 FIRST, TWO THOUSAND ELEVEN, ALONG WITH A REGISTRATION FEE OF FIVE THOU-
3 SAND DOLLARS. SUCH REGISTRATION SHALL INCLUDE:
4 (A) THE PRODUCER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
5 (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
6 DESIGNATED AS THE PRODUCER'S CONTACT FOR PURPOSES OF THIS TITLE;
7 (C) A LIST IDENTIFYING THE PRODUCER'S BRANDS;
8 (D) A GENERAL DESCRIPTION OF THE MANNER IN WHICH THE PRODUCER WILL
9 COMPLY WITH SECTION 27-2007 OF THIS TITLE, INCLUDING SPECIFIC INFORMA-
10 TION ON THE PRODUCER'S ARCHITECTURAL PAINT ACCEPTANCE PROGRAM IN THE
11 STATE, AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS
12 MAY RETURN ARCHITECTURAL PAINT;
13 (E) SALES DATA FOR THE PRODUCER'S ARCHITECTURAL PAINT SOLD IN THIS
14 STATE FOR THE PREVIOUS THREE CALENDAR YEARS, IF THE PRODUCER CANNOT
15 PROVIDE ACCURATE STATE SALES DATA, IT SHALL EXPLAIN WHY SUCH DATA CANNOT
16 BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS NATIONAL
17 SALES DATA BY THE NATIONAL POPULATION ACCORDING TO THE MOST RECENT
18 CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF THE STATE, OR
19 (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT; AND
20 (F) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
21 2. A PRODUCER'S REGISTRATION SHALL BE UPDATED WITHIN THIRTY DAYS OF
22 ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED BY THE REGISTRATION.
23 3. ANY PERSON WHO BECOMES A PRODUCER ON OR AFTER JANUARY FIRST, TWO
24 THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING OR
25 OFFERING FOR SALE IN THE STATE ANY ARCHITECTURAL PAINT, AND MUST COMPLY
26 WITH THE REQUIREMENTS OF THIS TITLE.
27 4. NO LATER THAN JULY FIRST, TWO THOUSAND ELEVEN, A PRODUCER SHALL NOT
28 SELL OR OFFER FOR SALE ARCHITECTURAL PAINT IN THE STATE UNLESS THE
29 PRODUCER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS AN ARCHITEC-
30 TURAL PAINT ACCEPTANCE PROGRAM THROUGH WHICH THE PRODUCER, EITHER
31 DIRECTLY OR THROUGH AN AGENT OR DESIGNEE, ACCEPTS ARCHITECTURAL PAINT
32 FROM CONSUMERS IN THE STATE FOR DISPOSAL, REUSE OR RECYCLING. THE
33 PRODUCER SHALL ENSURE THAT RETAILERS ARE NOTIFIED OF SUCH REGISTRATION.
34 THE PRODUCER SHALL NOT IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION,
35 HANDLING AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT.
36 5. THE ARCHITECTURAL PAINT ACCEPTANCE PROGRAM SHALL INCLUDE, AT A
37 MINIMUM:
38 (A) COLLECTION, DISPOSAL AND RECYCLING OR REUSE OF ARCHITECTURAL PAINT
39 PRODUCED BY THE PRODUCER AND OFFERED FOR RETURN BY ANY CONSUMER IN THIS
40 STATE, FREE OF COST AND IN A MANNER CONVENIENT TO CONSUMERS. THE FOLLOW-
41 ING ACCEPTANCE METHODS SHALL BE CONSIDERED REASONABLY CONVENIENT: (I)
42 MAIL OR SHIP BACK RETURN PROGRAMS; (II) COLLECTION OR ACCEPTANCE EVENTS
43 CONDUCTED BY THE PRODUCER OR THE PRODUCER'S AGENT OR DESIGNEE, INCLUDING
44 EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS OR PRIVATE PARTIES; (III)
45 FIXED ACCEPTANCE LOCATIONS SUCH AS DEDICATED ACCEPTANCE SITES OPERATED
46 BY THE PRODUCER OR ITS AGENT OR DESIGNEE; (IV) AGREEMENTS WITH LOCAL
47 GOVERNMENTS, RETAIL STORES, SALES OUTLETS AND NOT-FOR-PROFIT ORGANIZA-
48 TIONS WHICH HAVE AGREED TO PROVIDE FACILITIES FOR THE COLLECTION OF
49 ARCHITECTURAL PAINT; (V) COMMUNITY COLLECTION EVENTS; AND (VI) ANY
50 COMBINATION OF THESE OR OTHER ACCEPTANCE METHODS WHICH EFFECTIVELY
51 PROVIDE FOR THE ACCEPTANCE OF ARCHITECTURAL PAINT FOR RECYCLING OR REUSE
52 THROUGH MEANS THAT ARE AVAILABLE AND REASONABLY CONVENIENT TO CONSUMERS
53 IN THE STATE. AT A MINIMUM, THE PRODUCER SHALL ENSURE THAT ALL COUNTIES
54 OF THE STATE AND ALL MUNICIPALITIES WHICH HAVE A POPULATION OF TEN THOU-
55 SAND OR GREATER HAVE AT LEAST ONE METHOD OF ACCEPTANCE THAT IS AVAILABLE
A. 9239--A 4
1 WITHIN THAT MUNICIPALITY. THE DEPARTMENT MAY ESTABLISH ADDITIONAL
2 REQUIREMENTS TO ENSURE CONVENIENT COLLECTION FROM CONSUMERS;
3 (B) A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE PRODUC-
4 ER'S ARCHITECTURAL PAINT ACCEPTANCE PROGRAM, INCLUDING AT A MINIMUM AN
5 INTERNET WEBSITE AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFORMA-
6 TION INCLUDED IN THE PACKAGE FOR, OR AT THE TIME OF SALE OF, ARCHITEC-
7 TURAL PAINT THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW A CONSUMER OF
8 ARCHITECTURAL PAINT TO LEARN HOW TO RETURN SUCH PAINT FOR DISPOSAL,
9 RECYCLING OR REUSE; AND
10 (C) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
11 WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
12 6. A PRODUCER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH THE
13 PROVISIONS OF THIS TITLE AND MAKE THEM AVAILABLE FOR AUDIT AND
14 INSPECTION BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS.
15 7. A PRODUCER MAY SATISFY THE ARCHITECTURAL PAINT COLLECTION REQUIRE-
16 MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A COLLECTIVE ARCHI-
17 TECTURAL PAINT ACCEPTANCE PROGRAM WITH OTHER PRODUCERS. ANY SUCH COLLEC-
18 TIVE ARCHITECTURAL PAINT ACCEPTANCE PROGRAM SHALL MEET THE SAME
19 REQUIREMENTS AS AN INDIVIDUAL PRODUCER. ANY ARCHITECTURAL ACCEPTANCE
20 PROGRAM SHALL INCLUDE A LIST OF PRODUCERS THAT ARE PARTICIPATING IN SUCH
21 PROGRAM ALONG WITH OTHER IDENTIFYING INFORMATION AS MAY BE REQUIRED BY
22 THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGISTRATION TO THE DEPART-
23 MENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND DOLLARS.
24 8. A PRODUCER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE
25 IMPLEMENTATION OF THE ARCHITECTURAL PAINT ACCEPTANCE PROGRAM.
26 S 27-2011. RETAILER REQUIREMENTS.
27 1. AT THE LOCATION OF SALE OF ARCHITECTURAL PAINT, A RETAILER SHALL
28 PROVIDE PURCHASERS OF ARCHITECTURAL PAINT WITH INFORMATION, IF ANY,
29 ABOUT OPPORTUNITIES FOR THE RETURN OF ARCHITECTURAL PAINT THAT HAS BEEN
30 PROVIDED TO THE RETAILER BY A PRODUCER.
31 2. NO RETAILER SHALL SELL OR OFFER FOR SALE IN THE STATE ANY ARCHITEC-
32 TURAL PAINT UNLESS THE PRODUCER AND THE PRODUCER'S BRANDS ARE REGISTERED
33 WITH THE DEPARTMENT PURSUANT TO SECTION 27-2009 OF THIS TITLE.
34 S 27-2013. DEPARTMENT RESPONSIBILITIES.
35 1. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS INCLUDING,
36 BUT NOT LIMITED TO, STANDARDS FOR REUSE AND ACCEPTABLE ALTERNATIVE METH-
37 ODS FOR THE DETERMINATION OF STATE SALES DATA.
38 2. THE DEPARTMENT SHALL (A) MAINTAIN A LIST OF PRODUCERS WHO ARE
39 REGISTERED PURSUANT TO SECTION 27-2009 OF THIS TITLE, (B) MAINTAIN A
40 LIST OF EACH SUCH PRODUCER'S BRANDS, AND (C) POST SUCH LISTS ON THE
41 DEPARTMENT'S WEBSITE.
42 S 27-2015. REPORTING REQUIREMENTS.
43 1. BEGINNING MARCH FIRST, TWO THOUSAND ELEVEN, FOR THE PREVIOUS CALEN-
44 DAR YEAR AND ANNUALLY THEREAFTER, A PRODUCER THAT OFFERS ARCHITECTURAL
45 PAINT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE DEPARTMENT ON
46 A FORM PRESCRIBED BY THE DEPARTMENT THAT INCLUDES THE FOLLOWING:
47 (A) SALES DATA FOR THE PRODUCER'S ARCHITECTURAL PAINT SOLD IN THIS
48 STATE FOR THE PREVIOUS THREE CALENDAR YEARS. IF THE PRODUCER CANNOT
49 PROVIDE ACCURATE STATE SALES DATA, IT SHALL EXPLAIN WHY SUCH DATA CANNOT
50 BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS NATIONAL
51 SALES DATA BY WEIGHT BY THE NATIONAL POPULATION ACCORDING TO THE MOST
52 RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF THE STATE,
53 OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
54 (B) THE QUANTITY OF ARCHITECTURAL PAINT COLLECTED FOR DISPOSAL, RECY-
55 CLING OR REUSE IN THIS STATE DURING THE PRECEDING CALENDAR YEAR AND THE
A. 9239--A 5
1 METHODS USED TO ACCEPT SUCH PAINT AND THE APPROXIMATE WEIGHT OF ARCHI-
2 TECTURAL PAINT ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
3 (C) INFORMATION DETAILING THE ACCEPTANCE METHODS MADE AVAILABLE TO
4 CONSUMERS IN MUNICIPALITIES WHICH HAVE A POPULATION OF GREATER THAN TEN
5 THOUSAND AND IN EACH COUNTY OF THE STATE;
6 (D) A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM INCLUDING THE
7 NUMBER OF VISITS TO THE INTERNET WEBSITE AND CALLS TO THE TOLL-FREE
8 TELEPHONE NUMBER PROVIDED BY THE PRODUCER AS REQUIRED BY SECTION 27-2009
9 OF THIS TITLE;
10 (E) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
11 (F) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
12 THE ACCURACY OF THE REPORT.
13 2. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
14 THOUSAND DOLLARS.
15 3. THE DEPARTMENT SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION
16 OF THIS TITLE IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL
17 FIRST, TWO THOUSAND ELEVEN AND EVERY TWO YEARS THEREAFTER. THE REPORT
18 MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF:
19 (A) THE ARCHITECTURAL PAINT STREAM IN THE STATE;
20 (B) DISPOSAL, RECYCLING AND REUSE RATES IN THE STATE FOR ARCHITECTURAL
21 PAINT;
22 (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
23 MENTS OF THIS TITLE; AND
24 (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
25 S 3. This act shall take effect immediately.