Bill Text: NY S04246 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "packaging reduction and recycling infrastructure act" to require companies selling, offering for sale, or distributing packaging materials and products to register with a packaging reduction organization to develop a packaging reduction and recycling plan.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Engrossed) 2024-06-07 - referred to ways and means [S04246 Detail]
Download: New_York-2023-S04246-Amended.html
Bill Title: Enacts the "packaging reduction and recycling infrastructure act" to require companies selling, offering for sale, or distributing packaging materials and products to register with a packaging reduction organization to develop a packaging reduction and recycling plan.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Engrossed) 2024-06-07 - referred to ways and means [S04246 Detail]
Download: New_York-2023-S04246-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4246--C 2023-2024 Regular Sessions IN SENATE February 6, 2023 ___________ Introduced by Sens. HARCKHAM, KAVANAGH, ADDABBO, BAILEY, BRESLIN, BRIS- PORT, BROUK, CHU, CLEARE, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON, KRUEGER, LIU, MAY, MAYER, MYRIE, PALUMBO, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SCARCELLA-SPANTON, SEPULVEDA, SERRANO, STAVISKY, THOMAS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "packaging reduction and recycling infrastructure act". 3 § 2. Article 27 of the environmental conservation law is amended by 4 adding a new title 34 to read as follows: 5 TITLE 34 6 PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT 7 Section 27-3401. Definitions. 8 27-3403. Selection of packaging reduction and recycling organ- 9 izations. 10 27-3405. Responsibilities of packaging reduction and recycling 11 organizations. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08868-16-4S. 4246--C 2 1 27-3407. Packaging reduction and recycling organization plan. 2 27-3409. Packaging reduction and recycling plan approval. 3 27-3411. Packaging reduction and recycling advisory council. 4 27-3413. Funding mechanism. 5 27-3415. Collection and convenience. 6 27-3417. Producer responsibilities. 7 27-3419. Department responsibilities. 8 27-3421. Statewide packaging reduction, reuse, and recycling 9 needs assessment. 10 27-3423. Education and outreach program. 11 27-3425. Prohibition on certain toxic substances and materials. 12 27-3427. Non-reusable packaging reduction standards. 13 27-3429. Recycled content standards. 14 27-3431. Recyclability criteria and packaging recycling require- 15 ments. 16 27-3433. Establishment of the office of recycling inspector 17 general. 18 27-3435. Penalties and enforcement. 19 27-3437. Rules and regulations. 20 27-3439. State preemption. 21 27-3441. Other assistance programs. 22 27-3443. Antitrust protections. 23 27-3445. Severability. 24 § 27-3401. Definitions. 25 As used in this title: 26 1. "Advisory council" or "council" means the packaging reduction and 27 recycling advisory council established under section 27-3411 of this 28 title. 29 2. "Affiliate" means a person who directly, or indirectly through one 30 or more intermediaries, controls, is controlled by, or is under common 31 control with a producer. 32 3. "Beverage container" shall have the same meaning as is set forth in 33 subdivision two of section 27-1003 of this article. 34 4. "Brand" means any mark, word, name, symbol, design, device, or 35 graphical element or a combination thereof, including a registered or 36 unregistered trademark, that identifies and distinguishes a product from 37 other products. 38 5. "Contamination" means: 39 (a) the presence of materials in a given collected material stream 40 that are not on the minimum recyclables list maintained by the depart- 41 ment; or 42 (b) the presence of materials in a given recycled material delivered 43 as a feedstock or commodity that are not specified or accepted as a 44 component of the feedstock or commodity. 45 6. "Control", including the terms "controlling", "controlled by" and 46 "under common control with", means the possession, directly or indirect- 47 ly, of the power to direct or cause the direction of (a) the management 48 and policies of a person, (b) the operation of a person, or (c) substan- 49 tially all of the assets of a person, whether through the ownership of 50 voting securities, by contract, or otherwise. 51 7. "Discarded", "discards", "generated" or "generation" means packag- 52 ing material that has been used for its intended purpose and is no long- 53 er needed by consumers, businesses, institutions, and other users, and 54 can be managed through reuse, recycling, or disposal. 55 8. "Disposal" means the landfilling or incineration of material or 56 products. "Disposal" shall also include energy recovery or energyS. 4246--C 3 1 generation by any means, including, but not limited to, incineration, 2 combustion, pyrolysis, gasification, or solvolysis, waste-to-energy, or 3 waste-to-fuel, or any other chemical conversion process. "Disposal" 4 shall also include the use of materials as landfill cover. 5 9. "Eco-modulation" means structuring program fees in a way to provide 6 producers with financial incentives to reduce waste at the source, 7 increase recyclability of packaging materials, promote reusable packag- 8 ing products, including those that are contained within a reuse and 9 refill system, discourage and decrease contamination, disincentivize 10 designs or practices that increase the costs and adverse environmental 11 impacts of managing the packaging materials, and encourage designs and 12 processes that improve and facilitate development of infrastructure and 13 systems for source reduction, reuse, recycling, and composting. 14 10. "Disadvantaged community" shall have the same meaning as is set 15 forth in subdivision five of 75-0101 of this chapter. 16 11. "Intentionally added substance" means a substance or material that 17 serves an intended function or technical effect in the product or prod- 18 uct component, including as an intentional breakdown product of an 19 added chemical that also has a functional or technical effect in the 20 product or product component. 21 12. "Local government" means any municipal corporation, governmental 22 subdivision of the state, local government unit, special district, 23 school, local or regional board, commission, or authority authorized by 24 law to plan or provide for waste management services for a specific 25 geographical area. 26 13. "Minimum recyclables list" means a list of those materials that, 27 identified by the department in regulations, must be managed through the 28 packaging reduction and recycling program and by the local governments 29 and service providers that receive funding or reimbursement from the 30 program as approved by the department in accordance with section 27-3419 31 of this title. 32 14. "Packaging material" or "material" means a discrete material or 33 category of material, regardless of recyclability, including but not 34 limited to such material types that are flexible, foam, or rigid materi- 35 al, including paper, cardboard, plastic, glass, metal, or multi-materi- 36 al, that is used for the containment, protection, handling, delivery, 37 transport, distribution, or presentation of another product that is 38 sold, offered for sale, imported, or distributed in the state, including 39 through an internet transaction, and single-use plastic products. Pack- 40 aging material does not include: 41 (a) Medical devices and packaging which are included with products 42 regulated as a drug, medical device, or dietary supplement by the United 43 States food and drug administration under the federal food, drug, and 44 cosmetic act, 21 U.S.C. 321 et seq., Sec. 3.2(E) of 21 U.S. code of 45 federal regulations, or the dietary supplement health and education act; 46 (b) Animal biologics, including vaccines, bacterins, antisera, diag- 47 nostic kits, and other products of biological origin, and other packag- 48 ing materials regulated by the United States department of agriculture 49 under the virus, serum, toxin act, 21 U.S.C. 151-159; 50 (c) Packaging regulated by the Federal Insecticide, Fungicide, and 51 Rodenticide Act, 7 U.S.C. Sec. 136 et seq. or other applicable federal 52 law, rule, or regulation; 53 (d) Packaging used to contain hazardous or flammable products regu- 54 lated by the 2012 federal Occupational Safety and Health Administration 55 Hazard Communications Standard, 29 C.F.R. 1910.1200;S. 4246--C 4 1 (e) Plastic packaging containers used to contain and ship products 2 that are classified for transportation as dangerous goods or hazardous 3 materials under 40 C.F.R. 178; 4 (f) Beverage containers subject to a returnable container deposit 5 under title ten of this article; 6 (g) Infant formula as defined in section 321(z) of title 21 of the 7 United States code of federal regulations; 8 (h) Medical foods as defined in section 360ee(b)(3) of title 21 of the 9 United States code of federal regulations; and 10 (i) Architectural paint containers collected and managed pursuant to 11 title twenty of this article. 12 15. "Packaging reduction and recycling organization" or "organization" 13 means a not-for-profit organization registered pursuant to 26 U.S.C. 14 501(c)(3) designated by the department for the initial organization, or 15 by a group of producers for subsequent organizations, to act as an agent 16 on behalf of each producer to develop and implement a packaging 17 reduction and recycling plan pursuant to section 27-3407 of this title 18 and comply with the organization's responsibilities under section 19 27-3405 of this title. 20 16. "Packaging reduction and recycling plan" or "plan" means a docu- 21 ment in which an organization describes the efforts it will undertake to 22 comply with the requirements of this title. 23 17. "Packaging reduction and recycling program" or "program" means the 24 program implemented by an organization, and overseen by the department, 25 to comply with and implement the provisions of this title. 26 18. "Post-consumer recycled material" means new material produced 27 using material resulting from recycling. 28 19. "Primary packaging" means the packaging in direct contact with the 29 product itself, also sometimes referred to as a consumer unit. 30 20. "Producer" means the following entities, other than local govern- 31 ments, state governments and the federal government, for compliance with 32 the requirements for packaging materials sold, offered for sale, or 33 distributed to consumers in or into this state: 34 (a) For products sold or served to consumers at a physical retail 35 location in this state which are not single use plastics: 36 (i) If the product is sold or served in or with packaging under the 37 product manufacturer's own brand or is sold or served in packaging mate- 38 rials that lack identification of a brand, the producer is the person 39 who manufactures the packaged product; 40 (ii) If there is no person to which subparagraph (i) of this paragraph 41 applies, the producer is the person who is licensed to manufacture and 42 sell or serve the packaged product under the brand or trademark of 43 another manufacturer or person, whether or not the trademark is regis- 44 tered in this state, unless the manufacturer of the packaging materials 45 has agreed to accept responsibility; 46 (iii) If there is no person to which subparagraph (i) or (ii) of this 47 paragraph applies, the producer is the brand owner of the product that 48 is packaged; 49 (iv) If there is no person described in subparagraph (i), (ii) or 50 (iii) of this paragraph within the United States, the producer is the 51 person who is the importer of record for the packaged product into the 52 United States for use in a commercial enterprise that sells, offers for 53 sale, or distributes the product in this state; or 54 (v) If there is no person to which subparagraph (i), (ii), (iii) or 55 (iv) of this paragraph applies, the producer is the person who first 56 distributes the packaged product in or into the state.S. 4246--C 5 1 (b) For single use plastics and for products sold or distributed to 2 consumers in packaging materials in or into this state via remote sale 3 or distribution: 4 (i) The producer of packaging materials used to directly protect or 5 contain the product is the same as the producer defined in paragraph (a) 6 of this subdivision. 7 (ii) For packaging materials used to ship the product to a consumer, 8 the producer is the person who packages the item to be shipped to the 9 consumer. 10 (c) For any single use plastic product: 11 (i) If the single use plastic product is sold under the manufacturer's 12 own brand, the producer is the person who manufactures the single use 13 plastic product; 14 (ii) If there is no person to which subparagraph (i) of this paragraph 15 applies, the producer is the person who is the owner or licensee of a 16 brand or trademark under which the single use plastic product is used in 17 a commercial enterprise, sold, offered for sale, or distributed in or 18 into this state, whether or not the trademark is registered in this 19 state; 20 (iii) If there is no person to which subparagraph (i) or (ii) of this 21 paragraph applies, the producer is the brand owner of the single use 22 plastic product; 23 (iv) If there is no person described in subparagraph (i), (ii), or 24 (iii) of this paragraph within the United States, the producer is the 25 person who imports the single use plastic product into the United States 26 for use in a commercial enterprise that sells, offers for sale, or 27 distributes the single use plastic product in this state; or 28 (v) If there is no person described in subparagraph (i), (ii), (iii) 29 or (iv) of this paragraph, the producer is the person who first distrib- 30 utes the single use plastic product in or into this state. 31 (d) Where the producer pursuant to paragraph (a) or (c) of this subdi- 32 vision is a business operated wholly or in part as a franchise, the 33 producer is the franchisor, if such franchisor has franchisees that have 34 a commercial presence in the state. 35 21. "Product line" means a group of related products all marketed 36 under a single brand that is sold by the same producer to distinguish 37 products from each other for better usability for customers. 38 22. "Recyclable" means a packaging material that meets the criteria in 39 subdivision one of section 27-3431 of this title. 40 23. "Recycled" means the use of discarded packaging materials or 41 products in the production of a new product or packaging in place of 42 virgin materials. "Recycled" material does not include contaminants, 43 residues, and other process losses or use of materials as landfill 44 cover. 45 24. "Recycling" means to separate, dismantle or process the materials, 46 components or commodities contained in discards for the purpose of 47 preparing the materials, components, or commodities for use or reuse in 48 new products or components. "Recycling" does not include: (a) energy 49 recovery or energy generation by any means, including but not limited 50 to, combustion, incineration, pyrolysis, gasification, solvolysis, or 51 waste-to-fuel; (b) any chemical conversion process; or (c) landfill 52 disposal. 53 25. "Recycling rate" means the percentage of any given material or 54 category of material that is ultimately recycled. The recycling rate for 55 any packaging material shall be calculated as the total weight of pack-S. 4246--C 6 1 aging material that is recycled in a given year divided by the total 2 weight of packaging material generated in that year. 3 26. "Reuse" means the return of packaging material back into the 4 economic stream for use in the same kind of application intended for the 5 original packaging, without effectuating a change in the original compo- 6 sition of the package, the identity of the product, or the components 7 thereof. 8 27. "Reuse and refill system" means a program or set of mechanisms 9 designed to facilitate multiple uses of packaging. Mechanisms may 10 include, but are not limited to, deposits, incentives, curbside 11 collection, collection kiosks, refill stations, dishwashing facilities, 12 and re-distribution networks. 13 28. "Reusable or refillable packaging and containers" means packaging 14 material and containers that are specifically designed and manufactured 15 to maintain shape and structure, and be materially durable for repeated 16 sanitizing, washing, and reuse; provided, however, that such packaging 17 and containers must comply with the high reuse and refill rate as set 18 forth in the plan and approved by the department. 19 29. "Single use plastic" means single use plastic products that 20 frequent the residential waste stream or are plastic products that have 21 the effect of disrupting recycling processes, including, but not limited 22 to, single use plastic items such as straws, utensils, cups, plates, and 23 plastic bags. 24 30. "Toxic packaging task force" means the toxic packaging task force 25 established by subdivision two of section 27-3425 of this title. 26 31. "Toxic substances" means a chemical or chemical class identified 27 by a state agency, federal agency, international intergovernmental agen- 28 cy, accredited research university, or other scientific entity deemed 29 authoritative by the department on the basis of credible scientific 30 evidence as being one or more of the following: 31 (a) A chemical or chemical class that is a carcinogen, mutagen, repro- 32 ductive toxicant, immunotoxin, neurotoxicant, or endocrine disruptor. 33 (b) A chemical or chemical class that is persistent or bioaccumula- 34 tive. 35 (c) A chemical or chemical class that may harm the normal development 36 of a fetus or child or cause other developmental toxicity in humans or 37 wildlife. 38 (d) A chemical or chemical class that may harm organs or cause other 39 systemic toxicity. 40 (e) A chemical or chemical class that may have adverse air quality 41 impacts, adverse ecological impacts, adverse soil quality impacts, or 42 adverse water quality impacts. 43 (f) A chemical or chemical class that the department has determined 44 has equivalent toxicity to the above criteria. 45 32. "Unit weight" means the weight of packaging material per unit of 46 product sold. 47 § 27-3403. Selection of packaging reduction and recycling organizations. 48 1. Until the date which is ten years after the effective date of this 49 title, there shall be only one packaging reduction organization and all 50 producers shall be required to register with such packaging reduction 51 organization. 52 2. Within six months of the effective date of this title, any not-for- 53 profit seeking to serve as the initial packaging reduction and recycling 54 organization shall submit an application on a form and format prescribed 55 by the department.S. 4246--C 7 1 3. Consistent with the requirements of this title, within nine months 2 of the effective date of this title, the department shall select a not- 3 for-profit organization applicant to act as the initial packaging 4 reduction and recycling organization to operate the packaging reduction 5 and recycling program, and such organization shall then register with 6 the department in the manner prescribed by the department. 7 4. Regulations promulgated pursuant to this title may provide for 8 additional organizations beginning ten years after the effective date of 9 this title if, after ten years and the recommendation by the advisory 10 council pursuant to subdivision ten of section 27-3411 of this title, 11 the department determines that it would be beneficial for there to be 12 additional organizations implementing the program, such regulations 13 shall ensure: 14 (a) consistency and coordination between all organizations; 15 (b) responsibilities carried out are consistent and seamless; 16 (c) local governments and service providers are reimbursed for recycl- 17 ing services as required under this chapter; and 18 (d) that packaging material requirements are not reported as gener- 19 ated, supplied or managed by more than one organization. 20 § 27-3405. Responsibilities of packaging reduction and recycling organ- 21 izations. 22 1. Producers shall register with a packaging reduction organization to 23 meet the responsibilities of the program pursuant to the provisions of 24 this section, and each organization shall be responsible for implementa- 25 tion of the program on behalf of producers registered with such organ- 26 ization. 27 2. Each organization involved in the administration of the program 28 shall: 29 (a) Develop a packaging reduction and recycling plan and submit such 30 plan to the advisory council for review and comment, and after any 31 modifications in response to such comments, submit the plan to the 32 commissioner for approval pursuant to section 27-3407 of this title; 33 (b) Collect and compile data from producers as required by section 34 27-3417 of this title; 35 (c) Calculate reimbursement rates through the objective formula 36 approved by the department as contemplated by paragraph (e) of subdivi- 37 sion five of section 27-3407 of this title for the costs associated 38 with this title, the implementation of reduction, refill, and reuse 39 programs, and the collection, transportation and recycling, or other 40 processing of packaging materials; 41 (d) Collect fees due from producers as required by section 27-3413 of 42 this title; 43 (e) Reimburse the department and any other relevant state agencies for 44 the costs associated with conducting the statewide needs assessment 45 required by section 27-3421 of this title, the administration of the 46 program by the department, and the expenses of the advisory council and 47 the toxic packaging task force; 48 (f) Distribute funds to reimburse local governments and private compa- 49 nies for the costs associated with this title, including the implementa- 50 tion of reduction, refill, and reuse programs, and the collection, 51 transportation and recycling, disposal or other processing of packaging 52 materials; 53 (g) Undertake an effective statewide education and public outreach 54 program as required by section 27-3423 of this title; 55 (h) Offer technical support to producers, with an emphasis on support 56 to small businesses, to assist them with compliance with the require-S. 4246--C 8 1 ments of this title, including information about procuring affordable 2 alternatives to non-compliant packaging material and reducing packaging 3 material; and 4 (i) Make recommendations to the department regarding investments in 5 reduction, refill, reuse, collection, transportation, recycling, 6 disposal, and other processing of packaging materials consistent with 7 this title. 8 3. Annually, each organization shall submit a report to the department 9 that, at a minimum, must include the following information: 10 (a) Contact information for the organization; 11 (b) A list of all (i) producers, (ii) brands, and (iii) products that 12 each producer sells, offers for sale, or distributes into the state that 13 are contained, protected, delivered, presented, or distributed in or 14 using packaging material, in each case identified by the Universal Prod- 15 uct Code (UPC) if the product has one; 16 (c) The total amount, by both weight and number of units, which may be 17 estimated if an exact amount is infeasible to provide, of each type of 18 packaging material used to contain, protect, handle, deliver, transport, 19 distribute, or present products sold, offered for sale, or distributed 20 into the state by each individual producer during the prior calendar 21 year; 22 (d) The total amount, by both weight and number of units, of each 23 material used to contain, protect, handle, deliver, transport, distrib- 24 ute, or present products sold, offered for sale, or distributed into the 25 state by all producers during the prior calendar year; 26 (e) The total amount, by weight, of each material category recycled as 27 a result of activities undertaken by the organization, either directly 28 or through reimbursement or contractual arrangement; 29 (f) A calculation of the recycling rate of each material category 30 which is derived by dividing the amount of each material category recy- 31 cled, as reported in paragraph (e) of this subdivision by the amount of 32 each material category generated, as reported in paragraph (d) of this 33 subdivision; 34 (g) A complete accounting of all payments made to and by the organiza- 35 tion during the prior calendar year; 36 (h) An analysis of the average time it took to reimburse munici- 37 palities during the prior calendar year; 38 (i) A list of producers reasonably believed to be out of compliance 39 with the requirements of this title, and the reason the organization 40 reasonably believes the producer to be out of compliance. Information 41 on non-compliant producers shall be provided to the commissioner and 42 recycling inspector general's office in a timely fashion and for possi- 43 ble enforcement action by the office; 44 (j) A description of the educational and outreach efforts made by the 45 organization in the prior calendar year, and how those efforts were 46 designed to reduce packaging waste, and increase reuse and recycling of 47 packaging materials; 48 (k) An assessment of whether the fee structure adopted by the organ- 49 ization pursuant to section 27-3413 of this title has been effective in 50 incentivizing improvements to the design of packaging material, includ- 51 ing actual reduction of packaging material, increases in reusable and 52 refillable packaging material, recycling rates for packaging materials, 53 and decreases in the amount of packaging material; 54 (l) A description of the reimbursements and expenditures, including 55 the timeliness of such reimbursements, made pursuant to section 27-3413 56 of this title;S. 4246--C 9 1 (m) A recommended minimum recyclables list that meets the requirements 2 of subdivision one of section 27-3431 of this title, based on the needs 3 assessment, information gathered from end markets, including commodity 4 brokers and manufacturers who purchase post-consumer materials for use 5 in manufacturing new products, and available collection and processing 6 infrastructure information; 7 (n) Audited financial statements; 8 (o) The results of the review conducted pursuant to subdivision five 9 of this section; and 10 (p) Any additional information required by the department. 11 4. Each organization shall conduct an annual review process to deter- 12 mine whether packaging materials are recyclable. This review shall be 13 conducted in consultation with representatives of end markets, including 14 recycled commodities brokers and manufacturers who purchase post-consum- 15 er material for use in manufacturing new products, and in consultation 16 with local governments. For the purposes of calculating producer 17 payments and local government reimbursements in accordance with this 18 title, this annual process shall include a transitional period between 19 the date the determination is finalized and the date it goes into 20 effect. 21 5. Each organization shall conduct public outreach and provide consum- 22 ers with educational and informational materials related to reducing the 23 amount of packaging discarded, recycled, and disposed of in the state as 24 outlined in section 27-3423 of this title. 25 6. Each organization shall operate a program that provides for 26 collection convenience as described in section 27-3415 of this title. 27 7. An organization shall not share, except with the department, the 28 advisory council, and the toxic packaging task force, or as required by 29 law, any proprietary information that is identified by a producer as 30 proprietary information without prior written consent. 31 § 27-3407. Packaging reduction and recycling organization plan. 32 1. Within two years of the effective date of this title, the initial 33 packaging reduction organization shall develop and submit a packaging 34 reduction and recycling plan for implementation of the rules and regu- 35 lations of this title, including ensuring timely disbursements to local 36 governments, to the department for approval. The plan shall be submitted 37 to the advisory council for review pursuant to section 27-3411 of this 38 title prior to the department's approval. Any subsequent or additional 39 organization shall develop and submit a packaging reduction and recycl- 40 ing plan and comply with all the requirements of this section, and have 41 such plan approved pursuant to section 27-3409 of this title. 42 2. The plan shall cover five years and be updated every five years 43 following the approval of the original plan. The department shall have 44 the discretion to require the plan to be reviewed or revised prior to 45 the five-year period pursuant to section 27-3419 of this title. 46 3. Each producer shall begin program implementation within six months 47 after the date the plan for the initial organization is approved and in 48 no event later than three years of the effective date of this title. If 49 no plan is approved by that timeframe, the department, in its 50 discretion, shall either approve a plan with conditions or specify 51 modifications that must be made within forty-five days to conform the 52 submitted plan to the requirements of this section. If a producer is 53 not making good faith efforts to comply with the requirements of this 54 title during such forty-five day period, the producer shall be subject 55 to penalties for noncompliance. 56 4. The submitted plan shall include, but not be limited to:S. 4246--C 10 1 (a) contact information, including the name, e-mail address, physical 2 address, and telephone number of the authorized representative of the 3 producer or producers; 4 (b) the identity of the producer or producers participating in the 5 plan; 6 (c) a comprehensive list of the types and brands of covered materials 7 for which the producer or producers are responsible for; 8 (d) a description of how the organization will implement the program, 9 including the mechanisms and processes for providing assistance to 10 producers to comply with the reporting requirements of this title; 11 (e) in relation to funding the program: 12 (i) a proposed budget outlining the anticipated costs of operating the 13 program and a description of the method by which the organization 14 intends to determine and collect producer payments during the initial 15 startup period; 16 (ii) a description of the proposed funding mechanism, identified in 17 section 27-3413 of this title, that meets the requirements of this 18 title; 19 (iii) a description of how the organization will maintain a financial 20 reserve sufficient to operate the program in a fiscally prudent and 21 responsible manner; and 22 (iv) a description of how the organization intends to manage and 23 account for all program related funds which pass through the organiza- 24 tion, including how timely reimbursements to local governments will be 25 provided; 26 (f) an objective formula establishing a reimbursement rate, which 27 covers obligations identified in the needs assessment and the minimum 28 recyclables list and takes into account variable regional costs, for 29 participating local governments or private sector service providers; 30 (g) a description of the process for participating local governments 31 or private sector service providers to recoup reasonable costs as estab- 32 lished by the objective formula, from the producer or organization, 33 including, as applicable, any administrative, sorting, collection, 34 transportation, public education, or processing costs, if the organiza- 35 tion uses existing services through a local government or obtains such 36 services from a private sector service provider; 37 (h) at a minimum, the following funding mechanism details shall be 38 provided in the plan: 39 (i) proposed program fees, provided as a table listing the rate paid 40 for each material category, including at a minimum those identified in 41 subdivision three of section 27-3413, which in sum, will generate suffi- 42 cient funding to cover obligations identified in the needs assessment 43 and the requirements of this title; and 44 (ii) proposed program fee adjustments to incorporate eco-modulation 45 factors; 46 (i) a description of the characteristics of each type of packaging 47 material that is relevant to the eco-modulating factors set forth pursu- 48 ant to section 27-3413 of this title; 49 (j) if the local government does not elect to provide service, a 50 description of the process used for contracting with a private sector 51 entity to provide such services and the recoupment of reasonable costs, 52 including procedures to ensure that such private sector entity is not 53 compensated for such services by both the organization and the consumer 54 for the same service, provided, however, that the packaging reduction 55 organization and any such private sector entity has entered into a labor 56 peace agreement with a bona-fide labor organization that is activelyS. 4246--C 11 1 engaged in representing or attempting to represent its employees and its 2 contractors' employees; 3 (k) a description of how the organization will work with existing 4 waste haulers, material recovery facilities, recyclers, and local 5 governments to operate or expand current collection programs to address 6 material collection methods, improve efficiency and yield of processing 7 materials from separate collection streams, and increase packaging 8 reduction and reuse; 9 (l) a description of how the organization will use open, competitive, 10 and fair procurement practices should they directly enter into contrac- 11 tual agreements with service providers, including municipalities and 12 private entities; 13 (m) a description of how a local government will participate, on a 14 voluntary basis, with collection and how existing local government recy- 15 cling processing and collection infrastructure will be used; 16 (n) a description of how the organization plans to meet the conven- 17 ience requirements set forth in this title; 18 (o) a description of the process for end-of-life management, including 19 recycling and disposal of residuals collected for recycling, using envi- 20 ronmentally sound management practices; 21 (p) a description of how the organization shall provide the option to 22 purchase recycled materials from processors; 23 (q) a description of how producers are complying with the waste 24 reduction, toxics, recycling and post-consumer content requirements of 25 this title, and the process for verifying compliance, including any 26 third party verification services; 27 (r) a description of how: (i) the organization will strategically 28 invest in existing and future reuse and recycling infrastructure and 29 market development in the state in consultation with the department and 30 in a manner not inconsistent with the needs assessment, including, but 31 not limited to, installing or upgrading equipment to improve the sorting 32 of covered materials or mitigating the impacts of materials on other 33 commodities at existing sorting and processing facilities, and capital 34 expenditures for new technology, equipment, and facilities; and (ii) how 35 the process to offer and select opportunities will be conducted in an 36 open, competitive, and fair manner; 37 (s) a description of how the organization's recycling infrastructure 38 and market development investments (i) were informed by the results of 39 the needs assessment, and (ii) will utilize the state's existing infras- 40 tructure; 41 (t) a process to address concerns and questions from customers and 42 residents; 43 (u) a description of the organization's public outreach education 44 program for consumers and other stakeholders; 45 (v) a description of how the comments of stakeholders were considered 46 and addressed in the development of the plan; 47 (w) a detailed description of how the organization consulted with the 48 advisory council, the public, and other stakeholders in the development 49 of the plan prior to its submission to the department, and to what 50 extent the organization specifically incorporated the advisory council's 51 input into the plan; 52 (x) a comprehensive contingency plan demonstrating how the activities 53 in the plan will continue to be carried out by some other entity, if 54 needed, such as an escrow company, until such time as a new plan is 55 submitted and approved by the department: 56 (i) upon the expiration of an approved plan;S. 4246--C 12 1 (ii) in the event that the organization has been notified by the 2 department that it must transfer implementation responsibility for the 3 plan to a different organization; 4 (iii) in the event that the organization notifies the department that 5 it will cease to implement an approved plan; or 6 (iv) in any other event that the organization can no longer carry out 7 plan implementation; and 8 (y) any other additional information required by the department. 9 5. The organization shall also provide the advisory council a reason- 10 able period of time to review and comment upon the draft plan prior to 11 its submission to the department in accordance with section 27-3409 of 12 this title which shall in no event be less than sixty days. The organ- 13 ization shall make an assessment of comments received and shall provide 14 a summary and an analysis of the issues raised by the advisory council 15 and significant changes suggested by any such comments, a statement of 16 the reasons why any significant changes were not incorporated into the 17 plan, and a description of any changes made to the plan as a result of 18 such comments. 19 § 27-3409. Packaging reduction and recycling plan approval. 20 1. Before approval or denial of a packaging reduction and recycling 21 plan can be made in accordance with this title, the producer or organ- 22 ization shall submit the plan to the packaging reduction and recycling 23 advisory council. The advisory council shall then make a recommendation 24 regarding approval or disapproval of the plan in accordance with section 25 27-3411 of this title. 26 2. Within sixty days of the advisory council making a recommendation 27 to the department, the department shall make a determination to approve 28 the plan as submitted; approve the plan with conditions; or deny the 29 plan, with reasons for the denial. 30 3. The department may establish additional plan requirements in addi- 31 tion to those identified herein to fulfill the intent of this title; 32 provided, however, that any additional requirements shall be established 33 one year prior to a required submission of a plan. 34 4. The department may rescind the approval of an approved plan at any 35 time for cause and with documented justification. 36 5. The maintenance of a labor peace agreement as contemplated by para- 37 graph (j) of subdivision four of section 27-3407 of this title shall be 38 an ongoing material condition of plan approval. 39 6. For the purposes of this title, "labor peace agreement" means an 40 agreement between an entity and labor organization that, at a minimum, 41 protects the state's proprietary interests by prohibiting labor organ- 42 izations and members from engaging in picketing, work stoppages, 43 boycotts, and any other economic interference. 44 § 27-3411. Packaging reduction and recycling advisory council. 45 1. There is hereby established within the department a packaging 46 reduction and recycling advisory council to receive and review the pack- 47 aging reduction and recycling plans required under section 27-3407 of 48 this title, to make recommendations to the department regarding approval 49 of the plans, to review the annual reports produced by organizations and 50 to make recommendations to the department and organizations as required 51 by this section. 52 2. The advisory council shall convene for the first time no later than 53 one year after the effective date of this title. The advisory council 54 shall be composed of seventeen members. Nine shall be appointed by the 55 commissioner, three shall be appointed by the speaker of the assembly, 56 one shall be appointed by the minority leader of the assembly, threeS. 4246--C 13 1 shall be appointed by the temporary president of the senate and one 2 shall be appointed by the minority leader of the senate. The advisory 3 council shall include at least one member from each of the following: 4 (a) a local government association or local government program, 5 including an additional local government representative from cities with 6 a population of one million or more residents; 7 (b) a statewide environmental organization; 8 (c) a representative of a disadvantaged community affected by solid 9 waste infrastructure; 10 (d) an environmental justice organization; 11 (e) a statewide waste disposal or recycling association; 12 (f) a materials recovery facility located within the state; 13 (g) a recycling collection provider; 14 (h) a manufacturer of packaging materials utilizing post-consumer 15 recycled content; 16 (i) a consumer advocate; 17 (j) a retailer; 18 (k) a public health specialist; 19 (l) a producer and an organization established under this title as 20 non-voting members; 21 (m) a representative of a labor organization representing waste 22 collection employees; and 23 (n) a representative of a labor organization representing municipal 24 solid waste and recycling processing employees. 25 3. Appointments to the advisory council are term-limited to ten 26 consecutive years of service; the chair shall be chosen through a major- 27 ity vote of its members and shall serve no longer than three consecutive 28 years. 29 4. Advisory council members shall serve without compensation, except 30 that a member of the committee who is a state officer or employee may 31 receive their regular compensation while engaging in the business of the 32 committee, but shall be entitled to receive reimbursement for any actu- 33 al, necessary expenses incurred in the course of performing business for 34 the committee. 35 5. All decisions made by the advisory council shall be decided by 36 voting and votes shall only be valid when a quorum is present. A quorum 37 shall exist when greater than fifty percent of voting members are pres- 38 ent. The advisory council shall meet at least once a year by the call of 39 the chair or by request of more than half the members. The decisions of 40 the advisory council shall be by vote of the majority of its membership. 41 6. The council shall determine whether the plan submitted under 42 section 27-3409 of this title meets the criteria and objectives under 43 such section in making its recommendation. 44 7. The advisory council shall, within sixty days of the submission of 45 a packaging reduction and recycling plan, either: 46 (a) forward the plan to the commissioner with its recommendation for 47 approval; or 48 (b) forward the plan to the commissioner with its disapproval and 49 stated reasons therefor, including any recommended changes to the plan 50 necessary for approval. 51 8. An organization may resubmit a packaging reduction and recycling 52 plan for approval at any time. Upon such resubmission, the advisory 53 council shall, within sixty days, forward the plan to the commissioner 54 with its recommendation for approval or disapproval. 55 9. The advisory council shall review the submitted annual reports and 56 make such recommendations to the department and the organization forS. 4246--C 14 1 improving future administration of the program and compliance with this 2 title. 3 10. Thirty months from the date the department adopts rules and regu- 4 lations pursuant to this title, and every three years thereafter, the 5 advisory council shall conduct a review of all relevant data, including 6 annual reports, the latest scientific data available, any pertinent 7 statewide waste and reuse data, and any other information deemed impor- 8 tant, to make recommendations to the following: 9 (a) organizations for any changes in the administration of the 10 program, including feedback on the education and outreach program as 11 outlined in section 27-3423 of this title; 12 (b) the department for any necessary changes to regulations, the fund- 13 ing mechanism, reimbursement and expenditure policies, or whether it 14 would be beneficial for there to be additional organizations implement- 15 ing the program; and 16 (c) the legislature for recommended statutory changes. Such recommen- 17 dations shall include a recommendation as to whether to modify the defi- 18 nition of recycling under this title. 19 § 27-3413. Funding mechanism. 20 1. An organization shall establish such program participation fees for 21 producers through the plan pursuant to section 27-3407 of this title, 22 which shall be sufficient to cover all costs of the program, including 23 administration, enforcement, the statewide needs assessment, and all 24 other state costs of the program and organizations' costs of the 25 program, including but not limited to those costs described in subdivi- 26 sion four of this section. 27 2. An organization shall structure program fees to provide producers 28 with financial incentives through eco-modulation, to reward waste and 29 source reduction and recycling compatibility innovations and practices, 30 and to disincentivize designs or practices that increase costs of manag- 31 ing the products or materials that contain toxic substances. 32 3. An organization may adjust fees to be paid by participating 33 producers based on factors that affect system costs. At a minimum, fees 34 shall be variable based on: 35 (a) The category of packaging material, provided that the list of such 36 packaging material categories for which there is a specific producer fee 37 shall include, at a minimum, the following material types: 38 (i) Paper; 39 (ii) Cardboard; 40 (iii) Corrugated cardboard; 41 (iv) Wood; 42 (v) Glass; 43 (vi) Polyethylene terephthalate (PET); 44 (vii) High density polyethylene (HDPE); 45 (viii) Expanded polystyrene (EPS); 46 (ix) Polystyrene; 47 (x) Bio-plastics; 48 (xi) Generic plastics; 49 (xii) Plastic film; 50 (xiii) Other plastics; 51 (xiv) Ferrous; 52 (xv) Aluminum; 53 (xvi) Tinplate; 54 (xvii) Generic metals; and 55 (xviii) Mixed materials including laminates and packaging containing 56 more than one of the above materials;S. 4246--C 15 1 (b) The quantity of each packaging material type, by weight, that the 2 producer sells, offers for sale, or distributes in the state; 3 (c) Eco-modulation, including as described in subdivision eight of 4 this section. 5 4. Producer fees shall be designed to cover, at minimum, the total 6 costs associated with: 7 (a) Providing curbside collection or other form of residential service 8 that is, at minimum, as convenient as is detailed in section 27-3415 of 9 this title; 10 (b) The department's and other state agencies' administration and 11 enforcement of this title; 12 (c) Organizations' administration of this title; 13 (d) The cost associated with the development of the needs assessment, 14 as required in section 27-3421 of this title; 15 (e) The costs associated with the advisory council and the toxic pack- 16 aging task force; 17 (f) The costs associated with establishing packaging reduction and 18 reuse infrastructure; 19 (g) The cost of reimbursement for, or providing, recycling services, 20 including the collection cost, processing cost for each recyclable mate- 21 rial, cost of handling non-recyclable material types collected as part 22 of a recycling operation, transportation cost of recycling for each 23 material type; and 24 (h) Any other factors determined by the department. 25 5. An organization may adjust producer fees based on factors that 26 affect system costs provided that the specific parameters of such 27 adjustments and fees are included in the plan approved by the depart- 28 ment. At a minimum, fees shall be variable based on: 29 (a) costs to provide curbside collection or another form of residen- 30 tial service that is, at minimum, as convenient as curbside collection 31 or as convenient as the previous recycling collection plan in the 32 particular jurisdiction should recycling collection not be provided; 33 (b) costs to process packaging materials for acceptance by secondary 34 material markets; 35 (c) whether the packaging material would typically be readily-recycla- 36 ble, except that as a consequence of the packaging design, the packaging 37 product has the effect of disrupting recycling processes or the product 38 includes labels, inks, and adhesives containing heavy metals or other 39 toxic substances that would result in contamination of the recycling 40 process; 41 (d) whether the packaging material is specifically designed to be 42 reusable or refillable and has high reuse or refill rate; and 43 (e) the commodity value of a packaging material, as defined by 44 published indices. 45 6. The fees shall be adjusted, or the producers may be provided a 46 credit, as detailed in the plan, based upon the percentage of post-con- 47 sumer recycled material content and such percentage of post-consumer 48 recycled content shall be verified by the organization or through an 49 independent third party approved to perform verification services to 50 ensure that such percentage exceeds the minimum requirements in the 51 packaging, as long as the recycled content does not disrupt the poten- 52 tial for future recycling. 53 7. In addition to the annual schedule of fees approved in the plan, an 54 organization fee schedule may include a special assessment on specific 55 categories of packaging materials, identified in the plan, if the nature 56 of the packaging material imposes unusual costs in collection or proc-S. 4246--C 16 1 essing or requires special actions to address effective access to recy- 2 cling or successful processing in local government recycling facilities. 3 8. The fees shall be structured to provide producers with financial 4 incentives to encourage: 5 (a) A reduction in total packaging as measured by unit weight used by 6 producers, and discarded by consumers, businesses, institutions, and 7 other users. Weight reductions shall not be achieved by substituting 8 plastic for other materials types; 9 (b) An increase in the proportion of a producer's total packaging that 10 is managed within a reuse and refill system; 11 (c) An increase in the proportion of a producer's total packaging that 12 is deemed recyclable as determined by an annual review process as 13 described in section 27-3405 of this title; 14 (d) An increase in the proportion of a producer's total packaging that 15 is ultimately recycled; 16 (e) A reduction in toxic components in packaging materials; and 17 (f) A reduction in litter from packaging materials. 18 9. An organization shall be responsible for calculating and disbursing 19 funding at a reasonable rate developed through an objective formula 20 approved by the department, and such reasonable rate may be varied based 21 on population density rates, for municipal services utilized by an 22 organization if the municipality elects to be compensated by the organ- 23 ization in the collection, recovery, recycling, and processing of 24 covered materials and products, whether such services are provided 25 directly by the municipality or through a contracted service provider. 26 10. If a municipality does not elect to provide service, the organiza- 27 tion shall be responsible for contracting with a private entity for 28 services and shall be responsible for calculating and disbursing funding 29 at a reasonable recycling program rate for collection, recycling, recov- 30 ery, and processing services provided by the private sector entity 31 contracted to provide such service. Any such contract shall be subject 32 to a labor peace agreement as contemplated by paragraph (j) of subdivi- 33 sion four of section 27-3407 of this title. 34 11. To facilitate an organization's cost reimbursement determination, 35 participating municipalities and private sector haulers contracting with 36 the organization shall report data related to their costs and the value 37 of materials to the organization. Cost calculations shall take into 38 consideration the amount received from the sale of source-separated 39 materials. 40 12. There shall be no fee assessed on reusable or refillable packaging 41 and containers contained within a reuse or refill system. 42 13. Any funds directly collected pursuant to this title shall not be 43 used to carry out lobbying activities on behalf of an organization. 44 14. No retailer may charge a point-of-sale or other fee to consumers 45 to facilitate a producer or organization to recoup the costs associated 46 with meeting the obligations under this title. 47 15. Nothing in this title shall require a local government to partic- 48 ipate in the program, provided that a local government must give at 49 least three months' notice of its intent to cease participation. 50 § 27-3415. Collection and convenience. 51 1. The program shall provide for widespread, convenient, and equitable 52 access to collection opportunities for recyclable packaging materials at 53 no additional cost. Such opportunities, including curbside recycling, 54 shall be provided to all residents of the state in a manner that is as 55 convenient as the collection of solid waste as provided to the consumer 56 as of the effective date of this title. Organizations shall ensureS. 4246--C 17 1 services continue for curbside recycling programs as of the effective 2 date of this title, either directly or through a contract to provide 3 services, and that such services are continued through such producer or 4 organization's plan pursuant to section 27-3405 of this title. 5 2. Participation in the program shall not restrict a jurisdiction's 6 consumer's ability to contract directly with third parties to obtain 7 recycling collection services if consumers have the option to enter into 8 such contracts as of the effective date of this title, as long as the 9 consumer still voluntarily chooses to contract directly with the third 10 party. The local government shall not provide disbursement to such 11 third party should the local government provide widespread recycling 12 services either directly or through a contract that is different from 13 the contract with such third party, and there shall be procedures in 14 place to ensure that no service provider is compensated more than once 15 for the same service. 16 3. Organizations may rely on a range of means to collect various cate- 17 gories of packaging materials so long as collection options include 18 curbside recycling collection services provided by municipal programs, 19 municipal contracted programs, solid waste collection companies, or 20 other approved entities as identified by the department if at a minimum: 21 (a) the category of packaging materials is on the minimum recyclables 22 list, is suitable for residential curbside recycling collection and can 23 be effectively sorted by the facilities receiving the curbside collected 24 material; 25 (b) the category of packaging materials is not handled through a 26 deposit and return scheme or buy back system that relies on a collection 27 system other than curbside or multi-family collection; 28 (c) the provider of the curbside recycling service agrees to the 29 organization's service provider costs arrangement; and 30 (d) any private contract for such services is subject to a labor peace 31 agreement as contemplated by paragraph (j) of subdivision four of 32 section 27-3407. 33 4. All local government or private recycling service providers shall 34 provide for the collection and recycling of all packaging materials 35 contained on the minimum recyclables lists, based on geographic regions, 36 in order to be eligible for reimbursement; provided, however, nothing 37 shall penalize a local government or private recycling service for 38 recovering and recycling materials that are generated in the local 39 government or geographic region that are not included on the minimum 40 recyclables lists as long as it can be demonstrated that such materials 41 have a consistent regional market for purchase as determined by the 42 department in consultation with the producer or organization. 43 5. Reimbursement shall cover collection, processing, transportation, 44 and recycling and disposal of all packaging materials so long as the 45 program includes at least the minimum recyclables list. The department 46 may grant an exception to the requirements in this subdivision upon a 47 written showing by the local government or private recycling service 48 that compliance with the requirements is not practicable for a specific 49 identified product or material and if the department finds it is in the 50 best interest of the intent of this title to grant an exception; 51 provided, however, that any such exception granted by the department 52 shall not exceed twelve months. 53 6. Program funds shall be used for investment in collection systems, 54 transportation systems, reuse systems, washing systems, redistribution 55 systems, technology for tracking and data collection, capital expendi- 56 tures on new and emerging technology that is focused on reusable andS. 4246--C 18 1 refillable packaging, as well as equipment, and facilities, and other 2 projects determined by the department to facilitate the goals and 3 objectives of this title. 4 7. Nothing in this title shall be deemed to automatically void or 5 nullify any collection contracts in effect as of the effective date of 6 this title. 7 § 27-3417. Producer responsibilities. 8 1. Beginning with the required program implementation date as contem- 9 plated by subdivision three of section 27-3407 of this title and in no 10 event later than three years after the effective date of this title, a 11 producer shall not sell, offer for sale, or distribute into the state a 12 product contained, protected, delivered, presented, or distributed in 13 packaging unless the producer is registered with an organization and in 14 full compliance with all requirements of this title. Producers shall 15 register with the initial organization within eighteen months of the 16 effective date of this title; provided, however, that any person who 17 becomes a producer thereafter shall register with an organization and 18 begin program implementation within six months thereof or be subject to 19 penalties for noncompliance. 20 2. Either when the producer registers, or within eighteen months of 21 the effective date of this title, whichever is later and annually there- 22 after, each producer shall provide the organization with the following 23 information: 24 (a) Contact information, including the name, e-mail address, physical 25 address, and telephone number of the authorized representative of the 26 producer; 27 (b) A comprehensive list of the categories and brands of packaging 28 materials for which the producer or producers are responsible; 29 (c) The total amount, in units and weight, of each category of packag- 30 ing material sold, offered for sale, or distributed for sale into the 31 state by the producer in the prior calendar year; and 32 (d) Any other information required by the department. 33 3. Producers are responsible for payment of fees, through an organiza- 34 tion, based on the quantity, category of packaging material used in the 35 state, and other factors. 36 4. Producers are responsible for meeting the toxic substances, packag- 37 ing material reduction, post-consumer content, and recycling standards 38 under this title. 39 5. A producer shall electronically submit annually, to both the 40 department and the packaging reduction and recycling organization, a 41 written declaration signed by its chief executive officer, verifying the 42 producer's compliance with: 43 (a) The packaging material reduction requirements of this title; 44 (b) The packaging material recycled content requirements of this 45 title; 46 (c) The packaging material recycling requirements of this title; and 47 (d) The toxic substance reduction requirements of this title. 48 (e) Their obligations to pay fees to the organization pursuant to 49 section 27-3413 of this title and subdivision three of this section. 50 (f) Any reimbursement obligations they have to local governments or 51 third party service providers in connection with this title. 52 6. A producer is exempt from the requirements and prohibitions of this 53 title in a calendar year in which: 54 (a) The producer and its affiliates collectively realized less than 55 five million dollars in total gross revenue during the prior calendar 56 year;S. 4246--C 19 1 (b) The producer and its affiliates collectively sold, offered for 2 sale, or distributed for sale products contained, protected, delivered, 3 presented, or distributed in or using less than two tons of packaging 4 material in total during the prior calendar year; 5 (c) The producer is a not-for-profit corporation that is primarily 6 engaged in preparing and delivering medically tailored meals and 7 medical nutrition therapy. As used in this paragraph, "medically 8 tailored meals and medical nutrition therapy" means nutritional assess- 9 ment, nutritional therapy, and nutritional counseling provided by a 10 certified dietician or certified nutritionist, and the provision of any 11 food indicated by such assessment, therapy or counseling and ordered by 12 a health care professional acting within their lawful scope of practice 13 under title eight of the education law, for the purpose of treating one 14 or more chronic conditions for an individual who is limited in their 15 activities of daily living; or 16 (d) is an agricultural cooperative with less than fifty employees 17 engaged in the production of dairy products. 18 7. A producer claiming an exemption pursuant to subdivision six of 19 this section shall provide the department with sufficient information to 20 demonstrate that the claimant is eligible for an exemption. 21 8. Nothing in this title shall impair a producer's eligibility for tax 22 credits or other business incentives for which they would otherwise 23 qualify. 24 § 27-3419. Department responsibilities. 25 1. Within eighteen months of the effective date of this title, the 26 department shall, in accordance with section 27-3435 of this title, 27 promulgate all rules and regulations necessary to implement, administer, 28 and enforce the provisions of this title, including setting standards 29 for consumer protection when the organization directly disburses funds 30 to third parties. These rules and regulations shall include prohibiting 31 certain toxics in packaging pursuant to section 27-3425 of this title 32 as of the dates set forth therein. 33 2. Beginning two years after the required program implementation date 34 as contemplated by subdivision three of section 27-3407 of this title 35 and in no event later than three years after the effective date of this 36 title, and annually thereafter, the department shall utilize this infor- 37 mation obtained pursuant to paragraphs (b), (c), (d), (e), (f) and (g) 38 of subdivision three of section 27-3405 of this title, and any other 39 information available to the department, with input from the advisory 40 council, to produce an annual report to be shared with the legislature 41 and posted publicly on the department's website. 42 3. The department shall establish and maintain the minimum recyclables 43 list by regulation. The department shall update this list annually, 44 after the initial organization's plan is first approved, considering 45 recommendations from organizations and the advisory council. The minimum 46 recyclables list may vary by geographic region depending on regional 47 markets and regional collection and processing infrastructure, but shall 48 in all cases meet the requirements of subdivision one of section 27-3431 49 of this title. 50 4. In the event that the department determines that the organization 51 no longer meets the requirements of this title, or fails to implement 52 and administer the requirements of this title in a manner that effectu- 53 ates the purposes of this title, after reasonable opportunity to cure 54 such deficiencies, the department shall revoke its approval of such 55 organization and, subject to the contingency plan contemplated by para-S. 4246--C 20 1 graph (w) of subdivision four of section 27-3407 of this title, shall 2 select a new organization pursuant to section 27-3403 of this title. 3 § 27-3421. Statewide packaging reduction, reuse, and recycling needs 4 assessment. 5 1. No later than one year after the effective date of this title and 6 every five years thereafter, the department shall complete or cause to 7 be completed a statewide packaging material reduction, reuse, and recy- 8 cling needs assessment to determine the current state of packaging mate- 9 rial reuse, recycling, and disposal, identify barriers and opportunities 10 to reduce the amount of packaging material discarded and disposed of, 11 and increase the reusability and recyclability of packaging material. 12 2. The needs assessment, at a minimum, shall cover the following: 13 (a) The current recycling rate for each type of packaging material; 14 (b) The amount, by weight and material type, of packaging material 15 recycled at each recycling facility that accepts discarded packaging 16 material generated in the state; 17 (c) The processing capacity, market conditions, and opportunities in 18 the state and regionally for recyclable materials generally, and packag- 19 ing material categories specifically; 20 (d) The net cost of end-of-life management of discarded packaging 21 material in the state, including the cost associated with the 22 collection, transportation, sortation, recycling, littering, landfill- 23 ing, or incineration of discarded packaging; 24 (e) The availability of opportunities in the recycling and reuse 25 system for minority- and women-owned businesses; 26 (f) Current barriers affecting recycling access and availability in 27 the state; 28 (g) Current barriers to the marketability of recyclable materials 29 generated in the state; 30 (h) Opportunities for the creation of packaging material reuse and 31 refill programs in the state; 32 (i) Opportunities for the improvement of packaging material recycling 33 in the state, including the development of end markets for recycled 34 packaging materials; 35 (j) Current barriers affecting the creation and implementation of 36 packaging material reuse and refill programs; 37 (k) Consumer education needs in the state with respect to packaging 38 material waste reduction, recycling, and reducing contamination in recy- 39 cling, and reuse and refill systems for packaging material; and 40 (l) Landfill capacity. 41 3. The cost incurred by the department associated with conducting the 42 needs assessment shall be paid for by the organization. 43 4. The department shall report the results of the needs assessment to 44 the public, the state legislature, and the governor, and shall post the 45 results on its website. 46 § 27-3423. Education and outreach program. 47 1. The organization shall develop and implement an educational 48 outreach program designed to educate the public about waste reduction 49 and improve the effectiveness of local government recycling and, at a 50 minimum, include: 51 (a) Educational and informational materials for consumers related to 52 reducing the amount of packaging discarded, recycled, and disposed of in 53 the state; 54 (b) A description of the environmental, social, economic, and environ- 55 mental justice impacts associated with improper disposal of packaging 56 material and failure to reuse or recycle packaging materials;S. 4246--C 21 1 (c) Information on the proper end-of-life management of packaging 2 material, including reuse, recycling, composting, and disposal; 3 (d) The location and availability of curbside collection and addi- 4 tional drop-off collection opportunities for packaging material, includ- 5 ing deposit and take-back programs; 6 (e) How to prevent litter of packaging material in the process of 7 collection; 8 (f) Recycling instructions that are consistent statewide, except as 9 necessary to take into account differences among local laws and process- 10 ing capabilities, easy to understand, and easily accessible; and 11 (g) Any other information required by the department. 12 2. The educational outreach program shall incorporate, at a minimum, 13 electronic, print, web-based and social media elements, including for 14 use by local governments at their discretion, as well as including a 15 variety of outreach and education tools. Such educational outreach 16 programs shall ensure materials are widely accessible and available in 17 multiple languages. 18 3. The educational outreach program shall be coordinated with and 19 assist local government programs, local government contracted programs, 20 solid waste collection companies, and other entities providing services. 21 4. The educational outreach program shall be developed to ensure 22 disadvantaged communities receive targeted outreach and support. 23 5. The educational outreach program shall include a plan to work with 24 producers to label or mark packaging material, in accordance with 25 reasonable labeling standards, with information to assist consumers in 26 responsibly managing and recycling covered products. 27 6. The organization shall consult with local governments on the devel- 28 opment of educational materials and may coordinate with local govern- 29 ments on outreach and communication. 30 7. The organization shall be authorized to provide producers and 31 retailers with educational materials related to the responsible 32 reduction, reuse, recycling, or disposal of discarded packaging materi- 33 al. The educational and informational materials provided to the retailer 34 under this subdivision may include, but need not be limited to, printed 35 materials, signage and templates of materials that can be reproduced by 36 retailers and provided thereby to consumers at the time of a product's 37 purchase, and advertising materials that promote and encourage consumers 38 to properly reuse, recycle, or dispose of packaging material. 39 8. The organization shall make information on relevant tax credits and 40 other business incentives available to producers. 41 § 27-3425. Prohibition on certain toxic substances and materials. 42 1. Notwithstanding title two of article thirty-seven of this chapter 43 to the contrary, (a) Beginning three years after the promulgation of 44 rules and regulations pursuant to this title, no person or entity shall 45 sell, offer for sale, or distribute into the state any packaging 46 containing any of the following toxic substances or materials as an 47 intentionally added substance: 48 (i) Ortho-phthalates; 49 (ii) Bisphenols; 50 (iii) Per- and polyfluoroalkyl substances (PFAS); 51 (iv) Heavy metals and compounds, including lead, hexavalent chromium, 52 cadmium, and mercury, but excluding copper phthalocyanine (chemical 53 abstracts service registry number 147-14-8); 54 (v) Benzophenone and its derivatives; 55 (vi) Halogenated flame retardants; 56 (vii) Perchlorate;S. 4246--C 22 1 (viii) Formaldehyde; 2 (ix) Toluene; 3 (x) Antimony and compounds; 4 (xi) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol); 5 (xii) Polyvinyl chloride, including polyvinylidene chloride; 6 (xiii) Polystyrene but exluding EPS (expanded polystyrene); or 7 (xiv) Polycarbonate. 8 (b) Beginning five years after the promulgation of rules and regu- 9 lations pursuant to this title, no person or entity shall sell, offer 10 for sale, or distribute into the state any packaging containing any of 11 the toxic substances listed in paragraph (a) of this subdivision, even 12 if they are not an intentionally added substance, at or above a level 13 that the department shall establish by regulation that is the lowest 14 level that can feasibly be achieved; provided, however, that the depart- 15 ment shall review such level every five years to determine whether it 16 should be lowered. 17 2. (a) There is hereby established within the department a toxic pack- 18 aging task force to review the toxicity in packaging in the state, and 19 to recommend to the department the designation of additional toxic 20 substances which shall be subject to the same prohibition as those 21 substances listed in subdivision one of this section. 22 (b) The toxic packaging task force shall have nine members, one of 23 whom shall be the commissioner or their designee who shall be chair, and 24 one of whom shall be the commissioner of health or their designee. The 25 other members shall include: (i) a representative of the packaging 26 industry; (ii) a representative of an environmental justice organiza- 27 tion; (iii) a representative from the chemical industry; (iv) a profes- 28 sional or academic expert in toxicology; and (v) a professional or 29 academic expert in public health risk assessment; all of whom shall be 30 appointed by the commissioner. The remaining members shall be persons 31 with significant professional or academic expertise in maternal or child 32 health, epidemiology, chemical safety or public health policy, one of 33 whom shall be appointed by the temporary president of the senate and one 34 of whom shall be appointed by the speaker of the assembly. Appointments 35 to the toxic packaging task force are term limited to five consecutive 36 years of service. 37 (c) The task force shall meet at least twice per year to review and 38 recommend to the department whether (i) there are additional toxic 39 substances or classes of toxic substances for use in packaging that 40 should no longer be sold, offered for sale, distributed for sale, or 41 distributed for such use in this state, and (ii) there should be 42 substance or material-specific exceptions to the prohibitions provided 43 for in subdivision one of this section, provided such recommendation may 44 be made only upon a demonstration of substantial and convincing evidence 45 that such substance or material does not meet the criteria for classi- 46 fication as a toxic substance or material. 47 3. (a) Within one hundred eighty days of the toxic packaging task 48 force recommending the designation of an additional toxic substance, the 49 department shall adopt rules and regulations to designate such substance 50 as a toxic substance under this section and prohibit the use of such 51 toxic substance in packaging in the same manner as those toxic 52 substances listed in subdivision one of this section, with an effective 53 date no later than two years after the date of such recommendation, 54 unless the department determines that such two-year period would be 55 unduly burdensome, in which case the department shall establish anS. 4246--C 23 1 effective date for such prohibition no later than four years after the 2 date of such recommendation. 3 (b) The department may evaluate recommendations from the toxic packag- 4 ing task force for exceptions as provided in paragraph (c) of subdivi- 5 sion two of this section, and upon a demonstration of substantial and 6 convincing evidence that such substance or material does not meet the 7 criteria for classification as a toxic substance or material, may adopt 8 rules and regulations to except such substance as a toxic substance or 9 material. 10 4. Any producer that violates this section, or any rules or regu- 11 lations promulgated pursuant to this section, shall be subject to a fine 12 for each violation not to exceed ten thousand dollars per violation. For 13 the purposes of this section, each product line that is sold, offered 14 for sale, or distributed to consumers, via retail commerce, in the 15 state, including through an internet transaction shall be considered a 16 separate violation. 17 § 27-3427. Non-reusable packaging reduction standards. 18 1. Each individual producer is required to meet the following packag- 19 ing reduction requirements: 20 (a) Beginning three years after the program implementation date set 21 forth in subdivision three of section 27-3407 or January first of the 22 third year following the date on which a producer first registers with 23 an organization if a producer registers after the program implementation 24 date, such producer shall reduce the amount of primary plastic packaging 25 material, and the amount of all other packaging material, in each case, 26 by ten percent either on a company-wide basis or by unit weight, for all 27 packaging materials used to contain, protect, deliver, present, or 28 distribute the products they sell, offer for sale, or distribute for 29 sale in the state. 30 (b) Beginning five years after the program implementation date set 31 forth in subdivision three of section 27-3407 or January first of the 32 fifth year following the date on which a producer first registers with 33 an organization if a producer registers after the program implementation 34 date, such producer shall reduce the amount of primary plastic packaging 35 material, and the amount of all other packaging material, in each case, 36 by fifteen percent either on a company-wide basis or by unit weight, for 37 all packaging materials used to contain, protect, deliver, present, or 38 distribute the products they sell, offer for sale, or distribute for 39 sale in the state. 40 (c) Beginning eight years after the program implementation date set 41 forth in subdivision three of section 27-3407 or January first of the 42 eighth year following the date on which a producer first registers with 43 an organization if a producer registers after the program implementation 44 date, such producer shall reduce the amount of primary plastic packaging 45 material, and the amount of all other packaging material, for all mate- 46 rials used to contain, protect, deliver, present, or distribute the 47 products they sell, offer for sale, or distribute for sale into the 48 state, in each case, by twenty percent either on a company-wide basis or 49 by unit weight, for all packaging materials used to contain, protect, 50 deliver, present, or distribute the products they sell, offer for sale, 51 or distribute for sale in the state. 52 (d) Beginning ten years after the program implementation date set 53 forth in subdivision three of section 27-3407 or January first of the 54 tenth year following the date on which a producer first registers with 55 an organization if a producer registers after the program implementation 56 date, such producer shall reduce the amount of primary plastic packagingS. 4246--C 24 1 material, and the amount of all other packaging material, for all mate- 2 rials used to contain, protect, deliver, present, or distribute the 3 products they sell, offer for sale, or distribute for sale into the 4 state, in each case, by twenty-five percent either on a company-wide 5 basis or by unit weight for all packaging materials used to contain, 6 protect, deliver, present, or distribute the products they sell, offer 7 for sale, or distribute for sale in the state. 8 (e) Beginning twelve years after the program implementation date set 9 forth in subdivision three of section 27-3407 or January first of the 10 twelfth year following the date on which a producer first registers with 11 an organization if a producer registers after the program implementation 12 date, such producer shall reduce the amount of primary plastic packaging 13 material, and the amount of all other packaging material, for all mate- 14 rials used to contain, protect, deliver, present, or distribute the 15 products they sell, offer for sale, or distribute for sale into the 16 state, in each case, by thirty percent either on a company-wide basis or 17 by unit weight, for all packaging materials used to contain, protect, 18 deliver, present, or distribute the products they sell, offer for sale, 19 or distribute for sale in the state. 20 2. The reductions required by this section shall be measured against 21 the packaging material the producer used during the first year such 22 producer registered with an organization. 23 3. These reductions shall be achieved by eliminating single-use pack- 24 aging material, including secondary or tertiary packaging material, 25 elimination of packaging material components, reduction of packaging 26 material components, or by transitioning to reusable or refillable pack- 27 aging systems. Reductions may also be achieved by substituting plastic 28 packaging material with non-plastic packaging material. However, the 29 reductions required by this section shall not be achieved by substitut- 30 ing non-plastic materials with plastic materials or substituting recycl- 31 able materials with non-recyclable materials. 32 4. The department may adjust the reduction performance requirements in 33 subdivision one of this section by rulemaking based on information gath- 34 ered through the needs assessment or provided in producer plans and 35 reports, and/or based on consideration of environmental, technical and 36 economic conditions. An adjustment to the reduction performance targets 37 may not adjust the reduction requirement to less than ten percent or 38 more than thirty percent. 39 5. In the case of a producer for which, as of the effective date of 40 this title or upon entry into the market after such effective date, a 41 portion of its packaging is reusable and contained within a reuse and 42 refill system, such producer may apply to the department for a waiver 43 from the packaging reduction requirements set forth in subdivision one 44 of this section with respect to that percentage of its packaging, by 45 unit weight, which is contained within a reuse and refill system. 46 6. In the case of a producer that demonstrates in a manner satisfac- 47 tory to the department that, for the period beginning ten years prior to 48 the effective date of this title and ending on the date which is two 49 years after the effective date of this title, the producer reduced the 50 amount of packaging used to contain, protect, deliver, present, or 51 distribute the products the producer sells, offers for sale, or distrib- 52 utes for sale into the state, such producer may apply to the department 53 for a waiver from the packaging reduction requirements of this section 54 with respect to that percentage of its packaging, by unit weight, which 55 was reduced during such twelve-year period.S. 4246--C 25 1 7. A producer may apply to the department for a waiver from the 2 reduction requirements of this section if compliance is impossible due 3 to federal law or otherwise conflicts with federal law. Such waiver 4 must be applied for annually. In such application the producer shall 5 provide the department and the advisory council with sufficient informa- 6 tion, in the determination of the department in consultation with the 7 advisory council, to make a determination on such application, including 8 proof that the producer has taken all feasible actions to achieve the 9 reductions required by this section. 10 8. Nothing in this section shall preclude a producer from going beyond 11 the reduction standards in subdivision one of this section. 12 § 27-3429. Recycled content standards. 13 1. Each individual producer shall meet the recycling content targets 14 contained in this section. 15 2. Beginning two years after promulgation of rules and regulations 16 pursuant to this title: 17 (a) all glass containers manufactured in the state used by the produc- 18 er shall contain, on average, at least thirty-five percent post-consumer 19 recycled content; 20 (b) all paper carryout bags sold, offered for sale, or given away free 21 in the state by a producer shall contain, on average, at least forty 22 percent post-consumer recycled content; except that a paper carryout bag 23 that holds eight pounds or less shall only be required to contain, on 24 average, at least twenty percent post-consumer recycled content; and 25 (c) all plastic trash bags sold or offered for sale in the state by a 26 producer shall contain, on average, at least twenty percent post-consum- 27 er recycled content. 28 3. The requirements of this section shall not apply to reusable or 29 refillable packaging or containers. 30 4. Beginning two years after plan implementation begins for the 31 initial organization, the department is authorized, in consultation with 32 the advisory council, to: 33 (a) establish content requirements for materials not listed in subdi- 34 vision two of this section; and 35 (b) modify the post-consumer recycled content targets for the materi- 36 als set forth in subdivision two of this section, provided that modifi- 37 cations do not result in a lesser percentage or an earlier year for the 38 respective target. 39 § 27-3431. Recyclability criteria and packaging recycling requirements. 40 1. Beginning two years after the promulgation of rules and regulations 41 pursuant to this title, packaging materials used by a producer shall 42 meet the following recyclability criteria: 43 (a) be capable of being sorted by entities that process recyclable 44 material generated in the state; 45 (b) have a consistent regional market for purchase, by end users in 46 the production of new products; 47 (c) not contain the following: 48 (i) opaque or pigmented polyethylene terephthalate; 49 (ii) oxo-degradable additives, including oxo-biodegradable additives; 50 (iii) polyethylene terephthalate glycol in rigid packaging; 51 (iv) label constructions, including adhesives, inks, materials and 52 formats, or features that render a package non-recyclable or disruptive 53 to the recycling process; and 54 (v) DoPS - polystyrene, excluding EPS (expanded polystyrene); 55 (d) meet the post-consumer content requirements of this title; and 56 (e) any other criteria determined by the department.S. 4246--C 26 1 2. Each individual producer shall be required to meet the following 2 recycling rate standards: 3 (a) With respect to the producer's non-plastic packaging: 4 (i) Beginning January first, two thousand twenty-nine, a minimum of 5 thirty-five percent of packaging material reported by the producer or an 6 organization as supplied into the state shall be reused or recycled, 7 with a minimum of five percent being reused; 8 (ii) Beginning January first, two thousand thirty-six, a minimum of 9 fifty percent of packaging material reported by the producer or an 10 organization as supplied into the state shall be reused or recycled, 11 with a minimum of ten percent being reused; and 12 (iii) Beginning January first, two thousand fifty-one, a minimum of 13 seventy-five percent of packaging material reported by the producer or 14 an organization as supplied into the state shall be reused or recycled, 15 with a minimum of twenty percent being reused. 16 (b) With respect to plastic packaging: 17 (i) Beginning January first, two thousand twenty-nine, a minimum of 18 twenty-five percent of plastic packaging material reported by the 19 producer or an organization as supplied into the state shall be reused 20 or recycled; 21 (ii) Beginning January first, two thousand thirty-six, a minimum of 22 fifty percent of plastic packaging material reported by the producer or 23 an organization as supplied into the state shall be reused or recycled; 24 and 25 (iii) Beginning January first, two thousand fifty-one, a minimum of 26 seventy-five percent of plastic packaging material reported by the 27 producer or an organization as supplied into the state shall be reused 28 or recycled. 29 3. The department may adjust the recycling rates in subdivision two of 30 this section by rulemaking based on information gathered through the 31 needs assessment or provided in producer plans and reports, and/or based 32 on consideration of environmental, technical and economic conditions. An 33 adjustment to the statewide recycling and reuse performance targets may 34 not adjust the recycling rate target to less than thirty percent or more 35 than seventy-five percent. 36 4. A producer may apply to the department for a waiver from the recy- 37 cling rate requirements of this section if compliance is impossible due 38 to federal law or otherwise conflicts with federal law. Such waiver 39 shall be applied for annually. In such application the producer shall 40 provide the department and the advisory council with sufficient informa- 41 tion, in the determination of the department in consultation with the 42 advisory council, to make a determination on such application, including 43 proof that the producer has taken all feasible actions to achieve the 44 reductions required by this section. 45 5. The requirements of subdivision two of this section shall not apply 46 to reusable or refillable packaging or containers. 47 § 27-3433. Establishment of the office of recycling inspector general. 48 1. The commissioner shall establish an independent office of recycling 49 inspector general within the department. The recycling inspector general 50 shall evaluate the programs and organizations created pursuant to this 51 title on an annual basis and shall ensure such programs are functioning 52 properly, and that all organizations and producers are in compliance 53 with the requirements of this title. 54 2. The recycling inspector general shall have the authority to inves- 55 tigate the compliance of producers and the organization with all 56 provisions of this title and to bring enforcement actions for violationsS. 4246--C 27 1 of this title pursuant to the provisions of section 27-3435 of this 2 title. A violation by the organization as the result of actions by one 3 or more producers shall be enforceable by the recycling inspector gener- 4 al as violations against such producers. 5 § 27-3435. Penalties and enforcement. 6 1. Failure to comply with the requirements of this title shall subject 7 the organization or an individual producer to penalties for violations. 8 The department, recycling inspector general, or attorney general, may 9 conduct investigations, including inspecting operations, facilities, and 10 records of producers and organizations, and performing audits of produc- 11 ers and organizations, to determine whether such producers and organiza- 12 tions are complying with the requirements of this title. 13 2. The department, the recycling inspector general, or the attorney 14 general, shall notify an organization or producer of any conduct or 15 practice that does not comply with the requirements of this title and of 16 any inconsistencies identified in an audit. 17 3. The department, the recycling inspector general, and the attorney 18 general, may issue a notice of violation to, and impose an administra- 19 tive civil penalty not to exceed one thousand dollars per day per 20 violation on any entity not in compliance with this title or any of the 21 regulations the department adopts to implement this title. For the 22 purposes of this section, each product line that is sold, offered for 23 sale, or distributed to consumers via retail commerce in the state, 24 including through an internet transaction, shall be considered a sepa- 25 rate violation. 26 4. Civil penalties under this section shall be assessed by the depart- 27 ment after an opportunity to be heard pursuant to the provisions of 28 section 71-1709 of this chapter, or by the court in any action or 29 proceeding pursuant to section 71-2727 of this chapter, and in addition 30 thereto, such person or entity may by similar process be enjoined from 31 continuing such violation and any permit, registration or other approval 32 issued by the department may be revoked or suspended or a pending 33 renewal denied. 34 § 27-3437. Rules and regulations. 35 1. Within eighteen months after the effective date of this section, 36 the department shall promulgate all rules and regulations necessary to 37 implement, administer, and enforce the provisions of this title. 38 2. When promulgating rules pursuant to the provisions of this section, 39 the department shall solicit input from the public of any draft rule or 40 regulation to implement this section, including at a minimum a ninety- 41 day comment period and one public hearing on such draft rules. 42 § 27-3439. State preemption. 43 Jurisdiction in all matters pertaining to costs and funding mechanisms 44 of packaging reduction and recycling organizations relating to the 45 recovery of packaging materials shall, by this title, be vested exclu- 46 sively in the state; provided, however, that nothing in this title shall 47 preclude any city, town, village or other local planning units from 48 determining what materials shall be included for recycling in a local 49 government recycling collection program or shall preclude any person 50 from coordinating, for recycling or reuse, the collection of packaging 51 materials and products. 52 § 27-3441. Other assistance programs. 53 Nothing in this title shall impact any producer eligibility for any 54 state or local incentive or assistance program to which they are other- 55 wise eligible. 56 § 27-3443. Antitrust protections.S. 4246--C 28 1 A producer shall not be liable for any claim of a violation of anti- 2 trust, restraint of trade, or unfair trade practice arising from conduct 3 undertaken in order to comply with this title; provided, however, this 4 section shall not apply to any agreement establishing or affecting the 5 price of packaging material, or the output or production of any agree- 6 ment restricting the geographic area or customers to which packaging 7 material will be sold. 8 § 27-3445. Severability. 9 The provisions of this title shall be severable and if any phrase, 10 clause, sentence or provision of this title or the applicability thereof 11 to any person or circumstance shall be held invalid, the remainder of 12 this title and the application thereof shall not be affected thereby. 13 § 3. The environmental conservation law is amended by adding a new 14 section 37-0202 to read as follows: 15 § 37-0202. Applicability. 16 This article shall only have effect to the extent that the prohibi- 17 tions in this title are not otherwise substantially given effect or in 18 conflict with the provisions of title thirty-four of article twenty-sev- 19 en of this chapter. 20 § 4. This act shall take effect immediately.
