Bill Text: NY S04926 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to establishing the paint stewardship program, minimizing the public sector involvement in the management of post-consumer paint, and negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Engrossed - Dead) 2016-06-06 - referred to environmental conservation [S04926 Detail]
Download: New_York-2015-S04926-Introduced.html
Bill Title: Relates to establishing the paint stewardship program, minimizing the public sector involvement in the management of post-consumer paint, and negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Engrossed - Dead) 2016-06-06 - referred to environmental conservation [S04926 Detail]
Download: New_York-2015-S04926-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4926
2015-2016 Regular Sessions
I N S E N A T E
April 23, 2015
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing the paint stewardship program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 20 to read as follows:
3 TITLE 20
4 PAINT STEWARDSHIP PROGRAM
5 SECTION 27-2001. DEFINITIONS.
6 27-2003. PAINT STEWARDSHIP PROGRAM.
7 27-2005. REGULATIONS.
8 27-2007. REPORTING.
9 S 27-2001. DEFINITIONS.
10 WHEN USED IN THIS TITLE:
11 1. "ARCHITECTURAL PAINT" MEANS INTERIOR AND EXTERIOR ARCHITECTURAL
12 COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
13 DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
14 2. "DISTRIBUTOR" MEANS A PERSON THAT HAS A CONTRACTUAL RELATIONSHIP
15 WITH ONE OR MORE PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
16 RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
17 3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS PROCEDURES FOR
18 THE COLLECTION, STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
19 OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE REPRESENTATIVE ORGAN-
20 IZATION OR SUCH REPRESENTATIVE ORGANIZATION'S CONTRACTED PARTNERS TO
21 ENSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS,
22 REGULATIONS AND ORDINANCES AND THE PROTECTION OF HUMAN HEALTH AND THE
23 ENVIRONMENT. ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES INCLUDE, BUT ARE
24 NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCUMENTING OF THE FATE
25 OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE STATE, AND ENVIRONMENTAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05196-01-5
S. 4926 2
1 LIABILITY COVERAGE FOR PROFESSIONAL SERVICES AND FOR THE OPERATIONS OF
2 THE CONTRACTORS WORKING ON BEHALF OF THE REPRESENTATIVE ORGANIZATION.
3 4. "PAINT STEWARDSHIP ASSESSMENT" MEANS THE AMOUNT ADDED TO THE
4 PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT IS NECES-
5 SARY TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST-
6 CONSUMER PAINT BY THE REPRESENTATIVE ORGANIZATION PURSUANT TO THE PAINT
7 STEWARDSHIP PROGRAM.
8 5. "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS NOT USED
9 AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
10 6. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT WHO SELLS,
11 OFFERS FOR SALE, DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL
12 PAINT IN THE STATE.
13 7. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
14 COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
15 THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT OR
16 THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
17 8. "REPRESENTATIVE ORGANIZATION" MEANS THE NONPROFIT ORGANIZATION
18 CREATED BY PRODUCERS TO IMPLEMENT THE PAINT STEWARDSHIP PROGRAM
19 DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
20 9. "RETAILER" MEANS ANY PERSON WHO OFFERS ARCHITECTURAL PAINT FOR SALE
21 AT RETAIL IN THE STATE.
22 10. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
23 USE IN THE SAME KIND OF APPLICATION AS THE PRODUCT WAS ORIGINALLY
24 INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
25 11. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
26 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
27 ING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
28 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
29 MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
30 S 27-2003. PAINT STEWARDSHIP PROGRAM.
31 1. ON OR BEFORE MARCH FIRST, TWO THOUSAND SIXTEEN, EACH PRODUCER SHALL
32 JOIN THE REPRESENTATIVE ORGANIZATION AND SUCH REPRESENTATIVE ORGANIZA-
33 TION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF A PAINT STEWARDSHIP
34 PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE PROGRAM SHALL MINIMIZE THE
35 PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
36 REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGOTIATING AGREEMENTS
37 TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR BURN FOR ENERGY RECOVERY
38 AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER PAINT USING ENVIRON-
39 MENTALLY SOUND MANAGEMENT PRACTICES. THE PROGRAM SHALL MINIMIZE THE
40 PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-CONSUMER PAINT BY
41 REDUCING THE GENERATION OF POST-CONSUMER PAINT, NEGOTIATING AGREEMENTS
42 TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST FOR ENERGY RECOV-
43 ERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING PERMITTEES,
44 POST-CONSUMER PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
45 2. THE PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
46 COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT LEAST
47 ONE PERMANENT COLLECTION SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
48 ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN THE STATE;
49 AND ONE ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
50 PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE DEPART-
51 MENT. WHERE A PERMANENT COLLECTION SITE CANNOT BE LOCATED WITHIN A
52 FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED PLACE,
53 THE PROGRAM SHALL PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
54 THE PROGRAM SHALL NOT CHARGE A FEE TO THE CONSUMER AT THE TIME OF
55 COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
S. 4926 3
1 3. THE PLAN SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS SECTION
2 SHALL:
3 (A) IDENTIFY EACH PRODUCER PARTICIPATING IN THE PAINT STEWARDSHIP
4 PROGRAM AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED
5 BY THE PROGRAM;
6 (B) IDENTIFY HOW THE REPRESENTATIVE ORGANIZATION WILL PROVIDE CONVEN-
7 IENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
8 (C) SET FORTH THE PROCESS BY WHICH AN INDEPENDENT AUDITOR WILL BE
9 SELECTED AND IDENTIFY THE CRITERIA USED BY THE REPRESENTATIVE ORGANIZA-
10 TION IN SELECTING AN INDEPENDENT AUDITOR;
11 (D) IDENTIFY, IN DETAIL, THE EDUCATIONAL AND OUTREACH PROGRAM THAT
12 WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
13 HOW TO PARTICIPATE;
14 (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS FOR INTERACTING WITH
15 RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
16 (F) INCLUDE THE PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN
17 THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
18 (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
19 (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT, STORAGE, TRANS-
20 PORTATION AND DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON-
21 SUMER PAINT; AND
22 (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
23 EACH PRODUCER AND TEN THOUSAND DOLLARS FOR EACH PRODUCT STEWARDSHIP
24 ORGANIZATION TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT
25 AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER THE REVIEW
26 OF SAID PLAN BY THE DEPARTMENT.
27 4. THE COMMISSIONER SHALL APPROVE OR REJECT A PLAN SUBMITTED UNDER
28 THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF REJECTED, INFORM
29 THE PRODUCER OR PRODUCT STEWARDSHIP ORGANIZATION IN WRITING AS TO ANY
30 DEFICIENCIES IN SAID PLAN. A PRODUCER OR PRODUCT STEWARDSHIP ORGANIZA-
31 TION SHALL AMEND AND RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION
32 WITHIN SIXTY DAYS OF NOTIFICATION OF THE REJECTION OF SAID PLAN. THE
33 COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF
34 RESUBMISSION. A PLAN SHALL BE APPROVED BY THE COMMISSIONER IF IT MEETS
35 THE REQUIRED ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
36 5. NOT LATER THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED,
37 THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT THE PAINT STEWARDSHIP
38 PROGRAM.
39 6. ON OR BEFORE MARCH FIRST, TWO THOUSAND SIXTEEN, THE PROPOSED
40 UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
41 THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
42 ASSESSMENT IS CONSISTENT WITH THE BUDGET OF THE PAINT STEWARDSHIP
43 PROGRAM DESCRIBED IN THIS SECTION AND THE INDEPENDENT AUDITOR SHALL
44 RECOMMEND AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE DEPART-
45 MENT. THE DEPARTMENT SHALL APPROVE THE PAINT STEWARDSHIP ASSESSMENT
46 BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. THE DEPARTMENT
47 SHALL BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS-
48 MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF THE PAINT
49 STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
50 THIS SECTION IS PROPOSED TO BE CHANGED, THE REPRESENTATIVE ORGANIZATION
51 SHALL SUBMIT THE NEW, ADJUSTED UNIFORM PAINT STEWARDSHIP ASSESSMENT TO
52 AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS BEEN COMPLETED,
53 THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT THE RESULTS OF SAID AUDI-
54 TOR'S REVIEW AND A PROPOSAL TO AMEND THE PAINT STEWARDSHIP ASSESSMENT TO
55 THE DEPARTMENT FOR REVIEW. THE DEPARTMENT SHALL REVIEW AND APPROVE, IN
56 WRITING, THE ADJUSTED PAINT STEWARDSHIP ASSESSMENT BEFORE THE NEW
S. 4926 4
1 ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED CHANGES TO THE PAINT
2 STEWARDSHIP ASSESSMENT SHALL BE SUBMITTED TO THE DEPARTMENT NO LATER
3 THAN SIXTY DAYS PRIOR TO THE DATE THE REPRESENTATIVE ORGANIZATION ANTIC-
4 IPATES THE ADJUSTED ASSESSMENT TO TAKE EFFECT.
5 7. ON AND AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
6 PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
7 BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD TO RETAILERS AND
8 DISTRIBUTORS IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
9 TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD THE
10 AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
11 ARCHITECTURAL PAINT SOLD IN THE STATE.
12 8. ANY RETAILER MAY PARTICIPATE, ON A VOLUNTARY BASIS, AS A PAINT
13 COLLECTION POINT PURSUANT TO SUCH PAINT STEWARDSHIP PROGRAM AND IN
14 ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
15 9. EACH PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
16 FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW OR UNFAIR
17 TRADE PRACTICE IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
18 EXTENT SUCH PRODUCER OR REPRESENTATIVE ORGANIZATION IS EXERCISING
19 AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
20 10. NOT LATER THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
21 PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING PRODUCERS
22 AND THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
23 PROGRAM ON ITS WEBSITE.
24 11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
25 PROGRAM, NO PRODUCER, DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
26 SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE PRODUCER OF
27 SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
28 TION.
29 (B) NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
30 THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE ARCHITECTURAL PAINT
31 WAS ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT
32 BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S WEBSITE IN
33 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
34 12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
35 ERS WITH EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
36 MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED AT THE POINT OF
37 SALE TO THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
38 TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT OPTIONS FOR
39 ARCHITECTURAL PAINT OFFERED THROUGH THE PAINT STEWARDSHIP PROGRAM AND
40 INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE OPERATION OF
41 SUCH PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
42 ARCHITECTURAL PAINT SOLD IN THE STATE.
43 13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND SEVENTEEN, AND ANNU-
44 ALLY THEREAFTER, THE REPRESENTATIVE ORGANIZATION SHALL SUBMIT A REPORT
45 TO THE COMMISSIONER THAT DETAILS THE PAINT STEWARDSHIP PROGRAM FOR THE
46 PRIOR YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH. SAID REPORT
47 SHALL INCLUDE A COPY OF THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH (D)
48 OF THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
49 (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT
50 AND PROCESS POST-CONSUMER PAINT IN THE STATE INCLUDING DETAILING
51 COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE
52 PROGRAM'S COLLECTION CONVENIENCE;
53 (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
54 (C) THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE STATE
55 BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND OTHER METHODS
56 OF PROCESSING OR DISPOSAL;
S. 4926 5
1 (D) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
2 INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
3 (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
4 (F) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OF
5 ARCHITECTURAL PAINT AND RETAILERS;
6 (G) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
7 METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
8 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
9 AND
10 (H) THE ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF
11 THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
12 ACCOUNT, ESTABLISHED PURSUANT TO SECTION 72-1009 OF THIS CHAPTER TO
13 COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
14 14. THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED,
15 WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A NEW PLAN OR
16 AMENDMENT WILL BE REQUIRED TO BE SUBMITTED TO THE DEPARTMENT FOR
17 APPROVAL WHEN:
18 (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
19 (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
20 (C) THERE IS A REVISION OF THE PRODUCT STEWARDSHIP ORGANIZATION'S
21 GOALS; OR
22 (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
23 THE REPRESENTATIVE ORGANIZATION SHALL NOTIFY THE DEPARTMENT ANNUALLY,
24 IN WRITING, IF THERE ARE NO CHANGES PROPOSED TO THE PROGRAM AND THE
25 REPRESENTATIVE ORGANIZATION INTENDS TO CONTINUE IMPLEMENTATION OF THE
26 PROGRAM AS PREVIOUSLY APPROVED BY THE DEPARTMENT.
27 S 27-2005. REGULATIONS.
28 THE DEPARTMENT IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
29 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
30 THIS TITLE.
31 S 27-2007. REPORTING.
32 NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND EIGHTEEN, AND BIENNIAL-
33 LY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE
34 AND THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE PAINT
35 STEWARDSHIP PROGRAM AS ENACTED PURSUANT TO THIS TITLE INCLUDING ANY
36 RECOMMENDATIONS TO IMPROVE THE FUNCTIONING AND EFFICIENCY OF THE PAINT
37 STEWARDSHIP PROGRAM, AS NECESSARY.
38 S 2. The environmental conservation law is amended by adding a new
39 section 71-2730 to read as follows:
40 S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
41 1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
42 SIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
43 PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE ASSESSED BY
44 THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
45 TION TO ANY CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
46 THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
47 LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
48 2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
49 TO THE COMMISSIONER FOR DEPOSIT TO THE ENVIRONMENTAL PROTECTION FUND
50 ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
51 S 3. This act shall take effect immediately.
