Bill Text: NY A01749 | 2025-2026 | General Assembly | Introduced
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 61-2)
Status: (Introduced) 2025-01-14 - referred to environmental conservation [A01749 Detail]
Download: New_York-2025-A01749-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1749 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. GLICK, BURDICK, ROSENTHAL, PAULIN, SHIMSKY, COLTON, REYES, R. CARROLL, RAJKUMAR, GONZALEZ-ROJAS, LUNSFORD, GALLAGHER, BURKE, STECK, KELLES, LEVENBERG, RAGA, SIMON, CUNNINGHAM, SIMONE, SHRESTHA, DE LOS SANTOS, TAPIA, EACHUS, SEAWRIGHT, DINOWITZ, EPSTEIN, HEVESI, ALVAREZ, FORREST, OTIS, GIBBS, STIRPE, RIVERA, CRUZ, ANDERSON, RAMOS, WEPRIN, ZINERMAN, MAMDANI, MITAYNES, BICHOTTE HERME- LYN, LEE, BARRETT, JACOBSON, STERN, McMAHON, KIM, TAYLOR, CLARK, SAYEGH, BENEDETTO, JACKSON, MEEKS, CONRAD, DAVILA, WILLIAMS, BORES, K. BROWN, BRONSON, LUCAS, DILAN, DeSTEFANO -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to enacting the packaging reduction and recycling infrastructure act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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. 12 27-3407. Packaging reduction and recycling organization plan. 13 27-3409. Packaging reduction and recycling plan approval. 14 27-3411. Packaging reduction and recycling advisory council. 15 27-3413. Funding mechanism. 16 27-3415. Collection and convenience. 17 27-3417. Producer responsibilities. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04197-01-5A. 1749 2 1 27-3419. Department responsibilities. 2 27-3421. Statewide packaging reduction, reuse, and recycling 3 needs assessment. 4 27-3423. Education and outreach program. 5 27-3425. Prohibition on certain toxic substances and materials. 6 27-3427. Non-reusable packaging reduction standards. 7 27-3429. Recycled content standards. 8 27-3431. Recyclability criteria and packaging recycling require- 9 ments. 10 27-3433. Establishment of the office of recycling inspector 11 general. 12 27-3435. Penalties and enforcement. 13 27-3437. Rules and regulations. 14 27-3439. State preemption. 15 27-3441. Other assistance programs. 16 27-3443. Antitrust protections. 17 27-3445. Severability. 18 § 27-3401. Definitions. 19 As used in this title: 20 1. "Advisory council" or "council" means the packaging reduction and 21 recycling advisory council established under section 27-3411 of this 22 title. 23 2. "Affiliate" means a person who directly, or indirectly through one 24 or more intermediaries, controls, is controlled by, or is under common 25 control with a producer. 26 3. "Beverage container" shall have the same meaning as is set forth in 27 subdivision two of section 27-1003 of this article. 28 4. "Brand" means any mark, word, name, symbol, design, device, or 29 graphical element or a combination thereof, including a registered or 30 unregistered trademark, that identifies and distinguishes a product from 31 other products. 32 5. "Contamination" means: 33 (a) the presence of materials in a given collected material stream 34 that are not on the minimum recyclables list maintained by the depart- 35 ment; or 36 (b) the presence of materials in a given recycled material delivered 37 as a feedstock or commodity that are not specified or accepted as a 38 component of the feedstock or commodity. 39 6. "Control", including the terms "controlling", "controlled by" and 40 "under common control with", means the possession, directly or indirect- 41 ly, of the power to direct or cause the direction of (a) the management 42 and policies of a person, (b) the operation of a person, or (c) substan- 43 tially all of the assets of a person, whether through the ownership of 44 voting securities, by contract, or otherwise. 45 7. "Discarded", "discards", "generated" or "generation" means packag- 46 ing material that has been used for its intended purpose and is no long- 47 er needed by consumers, businesses, institutions, and other users, and 48 can be managed through reuse, recycling, or disposal. 49 8. "Disposal" means the landfilling or incineration of material or 50 products. "Disposal" shall also include energy recovery or energy 51 generation by any means, including, but not limited to, incineration, 52 combustion, pyrolysis, gasification, or solvolysis, waste-to-energy, or 53 waste-to-fuel, or any other chemical conversion process. "Disposal" 54 shall also include the use of materials for landfill cover. 55 9. "Eco-modulation" means structuring program fees in a way to provide 56 producers with financial incentives to reduce waste at the source,A. 1749 3 1 increase recyclability of packaging materials, promote reusable packag- 2 ing products, including those that are contained within a reuse and 3 refill system, discourage and decrease contamination, disincentivize 4 designs or practices that increase the costs and adverse environmental 5 impacts of managing the packaging materials, and encourage designs and 6 processes that improve and facilitate development of infrastructure and 7 systems for source reduction, reuse, recycling, and composting. 8 10. "Disadvantaged community" shall have the same meaning as is set 9 forth in subdivision five of 75-0101 of this chapter. 10 11. "Intentionally added substance" means a substance or material that 11 serves an intended function or technical effect in the product or prod- 12 uct component, including as an intentional breakdown product of an 13 added chemical that also has a functional or technical effect in the 14 product or product component. 15 12. "Local government" means any municipal corporation, governmental 16 subdivision of the state, local government unit, special district, 17 school, local or regional board, commission, or authority authorized by 18 law to plan or provide for waste management services for a specific 19 geographical area. 20 13. "Minimum recyclables list" means a list of those materials that, 21 identified by the department in regulations, must be managed through the 22 packaging reduction and recycling program and by the local governments 23 and service providers that receive funding or reimbursement from the 24 program as approved by the department in accordance with section 27-3419 25 of this title. 26 14. "Packaging material" or "material" means a discrete material or 27 category of material, regardless of recyclability, including but not 28 limited to such material types that are flexible, foam, or rigid materi- 29 al, including paper, cardboard, plastic, glass, metal, or multi-materi- 30 al, that is used for the containment, protection, handling, delivery, 31 transport, distribution, or presentation of another product that is 32 sold, offered for sale, imported, or distributed in the state, including 33 through an internet transaction, and single-use plastic products. Pack- 34 aging material does not include: 35 (a) Medical devices and packaging which are included with products 36 regulated as a drug, medical device, or dietary supplement by the United 37 States food and drug administration under the federal food, drug, and 38 cosmetic act, 21 U.S.C. 321 et seq., Sec. 3.2(E) of 21 U.S. code of 39 federal regulations, or the dietary supplement health and education act; 40 (b) Animal biologics, including vaccines, bacterins, antisera, diag- 41 nostic kits, and other products of biological origin, and other packag- 42 ing materials regulated by the United States department of agriculture 43 under the virus, serum, toxin act, 21 U.S.C. 151-159; 44 (c) Packaging regulated by the Federal Insecticide, Fungicide, and 45 Rodenticide Act, 7 U.S.C. Sec. 136 et seq. or other applicable federal 46 law, rule, or regulation; 47 (d) Packaging used to contain hazardous or flammable products regu- 48 lated by the 2012 federal Occupational Safety and Health Administration 49 Hazard Communications Standard, 29 C.F.R. 1910.1200; 50 (e) Plastic packaging containers used to contain and ship products 51 that are classified for transportation as dangerous goods or hazardous 52 materials under 40 C.F.R. 178; 53 (f) Beverage containers subject to a returnable container deposit 54 under title ten of this article; 55 (g) Infant formula as defined in section 321(z) of title 21 of the 56 United States code of federal regulations;A. 1749 4 1 (h) Medical foods as defined in section 360ee(b)(3) of title 21 of the 2 United States code of federal regulations; and 3 (i) Architectural paint containers collected and managed pursuant to 4 title twenty of this article. 5 15. "Packaging reduction and recycling organization" or "organization" 6 means a not-for-profit organization registered pursuant to 26 U.S.C. 7 501(c)(3) designated by the department for the initial organization, or 8 by a group of producers for subsequent organizations, to act as an agent 9 on behalf of each producer to develop and implement a packaging 10 reduction and recycling plan pursuant to section 27-3407 of this title 11 and comply with the organization's responsibilities under section 12 27-3405 of this title. 13 16. "Packaging reduction and recycling plan" or "plan" means a docu- 14 ment in which an organization describes the efforts it will undertake to 15 comply with the requirements of this title. 16 17. "Packaging reduction and recycling program" or "program" means the 17 program implemented by an organization, and overseen by the department, 18 to comply with and implement the provisions of this title. 19 18. "Post-consumer recycled material" means new material produced 20 using material resulting from recycling. 21 19. "Primary packaging" means the packaging in direct contact with the 22 product itself, also sometimes referred to as a consumer unit. 23 20. "Producer" means the following entities, other than local govern- 24 ments, state governments and the federal government, for compliance with 25 the requirements for packaging materials sold, offered for sale, or 26 distributed to consumers in or into this state: 27 (a) For products sold or served to consumers at a physical retail 28 location in this state which are not single use plastics: 29 (i) If the product is sold or served in or with packaging under the 30 product manufacturer's own brand or is sold or served in packaging mate- 31 rials that lack identification of a brand, the producer is the person 32 who manufactures the packaged product; 33 (ii) If there is no person to which subparagraph (i) of this paragraph 34 applies, the producer is the person who is licensed to manufacture and 35 sell or serve the packaged product under the brand or trademark of 36 another manufacturer or person, whether or not the trademark is regis- 37 tered in this state, unless the manufacturer of the packaging materials 38 has agreed to accept responsibility; 39 (iii) If there is no person to which subparagraph (i) or (ii) of this 40 paragraph applies, the producer is the brand owner of the product that 41 is packaged; 42 (iv) If there is no person described in subparagraph (i), (ii) or 43 (iii) of this paragraph within the United States, the producer is the 44 person who is the importer of record for the packaged product into the 45 United States for use in a commercial enterprise that sells, offers for 46 sale, or distributes the product in this state; or 47 (v) If there is no person to which subparagraph (i), (ii), (iii) or 48 (iv) of this paragraph applies, the producer is the person who first 49 distributes the packaged product in or into the state. 50 (b) For single use plastics and for products sold or distributed to 51 consumers in packaging materials in or into this state via remote sale 52 or distribution: 53 (i) The producer of packaging materials used to directly protect or 54 contain the product is the same as the producer defined in paragraph (a) 55 of this subdivision.A. 1749 5 1 (ii) For packaging materials used to ship the product to a consumer, 2 the producer is the person who packages the item to be shipped to the 3 consumer. 4 (c) For any single use plastic product: 5 (i) If the single use plastic product is sold under the manufacturer's 6 own brand, the producer is the person who manufactures the single use 7 plastic product; 8 (ii) If there is no person to which subparagraph (i) of this paragraph 9 applies, the producer is the person who is the owner or licensee of a 10 brand or trademark under which the single use plastic product is used in 11 a commercial enterprise, sold, offered for sale, or distributed in or 12 into this state, whether or not the trademark is registered in this 13 state; 14 (iii) If there is no person to which subparagraph (i) or (ii) of this 15 paragraph applies, the producer is the brand owner of the single use 16 plastic product; 17 (iv) If there is no person described in subparagraph (i), (ii), or 18 (iii) of this paragraph within the United States, the producer is the 19 person who imports the single use plastic product into the United States 20 for use in a commercial enterprise that sells, offers for sale, or 21 distributes the single use plastic product in this state; or 22 (v) If there is no person described in subparagraph (i), (ii), (iii) 23 or (iv) of this paragraph, the producer is the person who first distrib- 24 utes the single use plastic product in or into this state. 25 (d) Where the producer pursuant to paragraph (a) or (c) of this subdi- 26 vision is a business operated wholly or in part as a franchise, the 27 producer is the franchisor, if such franchisor has franchisees that have 28 a commercial presence in the state. 29 21. "Product line" means a group of related products all marketed 30 under a single brand that is sold by the same producer to distinguish 31 products from each other for better usability for customers. 32 22. "Recyclable" means a packaging material that meets the criteria in 33 subdivision one of section 27-3431 of this title. 34 23. "Recycled" means the use of discarded packaging materials or 35 products in the production of a new product or packaging in place of 36 virgin materials. "Recycled" material does not include contaminants, 37 residues, and other process losses or use of materials as landfill 38 cover. 39 24. "Recycling" means to separate, dismantle or process the materials, 40 components or commodities contained in discards for the purpose of 41 preparing the materials, components, or commodities for use or reuse in 42 new products or components. "Recycling" does not include: (a) energy 43 recovery or energy generation by any means, including but not limited 44 to, combustion, incineration, pyrolysis, gasification, solvolysis, or 45 waste-to-fuel; (b) any chemical conversion process; or (c) landfill 46 disposal. 47 25. "Recycling rate" means the percentage of any given material or 48 category of material that is ultimately recycled. The recycling rate for 49 any packaging material shall be calculated as the total weight of pack- 50 aging material that is recycled in a given year divided by the total 51 weight of packaging material generated in that year. 52 26. "Reuse" means the return of packaging material back into the 53 economic stream for use in the same kind of application intended for the 54 original packaging, without effectuating a change in the original compo- 55 sition of the package, the identity of the product, or the components 56 thereof.A. 1749 6 1 27. "Reuse and refill system" means a program or set of mechanisms 2 designed to facilitate multiple uses of packaging. Mechanisms may 3 include, but are not limited to, deposits, incentives, curbside 4 collection, collection kiosks, refill stations, dishwashing facilities, 5 and re-distribution networks. 6 28. "Reusable or refillable packaging and containers" means packaging 7 material and containers that are specifically designed and manufactured 8 to maintain shape and structure, and be materially durable for repeated 9 sanitizing, washing, and reuse; provided, however, that such packaging 10 and containers must comply with the high reuse and refill rate as set 11 forth in the plan and approved by the department. 12 29. "Single use plastic" means single use plastic products that 13 frequent the residential waste stream or are plastic products that have 14 the effect of disrupting recycling processes, including, but not limited 15 to, single use plastic items such as straws, utensils, cups, plates, and 16 plastic bags. 17 30. "Toxic packaging task force" means the toxic packaging task force 18 established by subdivision two of section 27-3425 of this title. 19 31. "Toxic substances" means a chemical or chemical class identified 20 by a state agency, federal agency, international intergovernmental agen- 21 cy, accredited research university, or other scientific entity deemed 22 authoritative by the department on the basis of credible scientific 23 evidence as being one or more of the following: 24 (a) A chemical or chemical class that is a carcinogen, mutagen, repro- 25 ductive toxicant, immunotoxin, neurotoxicant, or endocrine disruptor. 26 (b) A chemical or chemical class that is persistent or bioaccumula- 27 tive. 28 (c) A chemical or chemical class that may harm the normal development 29 of a fetus or child or cause other developmental toxicity in humans or 30 wildlife. 31 (d) A chemical or chemical class that may harm organs or cause other 32 systemic toxicity. 33 (e) A chemical or chemical class that may have adverse air quality 34 impacts, adverse ecological impacts, adverse soil quality impacts, or 35 adverse water quality impacts. 36 (f) A chemical or chemical class that the department has determined 37 has equivalent toxicity to the above criteria. 38 32. "Unit weight" means the weight of packaging material per unit of 39 product sold. 40 § 27-3403. Selection of packaging reduction and recycling organizations. 41 1. Until the date which is ten years after the effective date of this 42 title, there shall be only one packaging reduction organization and all 43 producers shall be required to register with such packaging reduction 44 organization. 45 2. Within six months of the effective date of this title, any not-for- 46 profit seeking to serve as the initial packaging reduction and recycling 47 organization shall submit an application on a form and format prescribed 48 by the department. 49 3. Consistent with the requirements of this title, within nine months 50 of the effective date of this title, the department shall select a not- 51 for-profit organization applicant to act as the initial packaging 52 reduction and recycling organization to operate the packaging reduction 53 and recycling program, and such organization shall then register with 54 the department in the manner prescribed by the department. 55 4. Regulations promulgated pursuant to this title may provide for 56 additional organizations beginning ten years after the effective date ofA. 1749 7 1 this title if, after ten years and the recommendation by the advisory 2 council pursuant to subdivision ten of section 27-3411 of this title, 3 the department determines that it would be beneficial for there to be 4 additional organizations implementing the program, such regulations 5 shall ensure: 6 (a) consistency and coordination between all organizations; 7 (b) responsibilities carried out are consistent and seamless; 8 (c) local governments and service providers are reimbursed for recycl- 9 ing services as required under this title; and 10 (d) that packaging material requirements are not reported as gener- 11 ated, supplied or managed by more than one organization. 12 § 27-3405. Responsibilities of packaging reduction and recycling organ- 13 izations. 14 1. Producers shall register with a packaging reduction organization to 15 meet the responsibilities of the program pursuant to the provisions of 16 this section, and each organization shall be responsible for implementa- 17 tion of the program on behalf of producers registered with such organ- 18 ization. 19 2. Each organization involved in the administration of the program 20 shall: 21 (a) Develop a packaging reduction and recycling plan and submit such 22 plan to the advisory council for review and comment, and after any 23 modifications in response to such comments, submit the plan to the 24 commissioner for approval pursuant to section 27-3407 of this title; 25 (b) Collect and compile data from producers as required by section 26 27-3417 of this title; 27 (c) Calculate reimbursement rates through the objective formula 28 approved by the department as contemplated by paragraph (e) of subdivi- 29 sion four of section 27-3407 of this title for the costs associated 30 with this title, the implementation of reduction, refill, and reuse 31 programs, and the collection, transportation and recycling, or other 32 processing of packaging materials; 33 (d) Collect fees due from producers as required by section 27-3413 of 34 this title; 35 (e) Reimburse the department and any other relevant state agencies for 36 the costs associated with conducting the statewide needs assessment 37 required by section 27-3421 of this title, the administration of the 38 program by the department, and the expenses of the advisory council and 39 the toxic packaging task force; 40 (f) Distribute funds to reimburse local governments and private compa- 41 nies for the costs associated with this title, including the implementa- 42 tion of reduction, refill, and reuse programs, and the collection, 43 transportation and recycling, disposal or other processing of packaging 44 materials; 45 (g) Undertake an effective statewide education and public outreach 46 program as required by section 27-3423 of this title; 47 (h) Offer technical support to producers, with an emphasis on support 48 to small businesses, to assist them with compliance with the require- 49 ments of this title, including information about procuring affordable 50 alternatives to non-compliant packaging material and reducing packaging 51 material; and 52 (i) Make recommendations to the department regarding investments in 53 reduction, refill, reuse, collection, transportation, recycling, 54 disposal, and other processing of packaging materials consistent with 55 this title.A. 1749 8 1 3. Annually, each organization shall submit a report to the department 2 that, at a minimum, must include the following information: 3 (a) Contact information for the organization; 4 (b) A list of all (i) producers, (ii) brands, and (iii) products that 5 each producer sells, offers for sale, or distributes into the state that 6 are contained, protected, delivered, presented, or distributed in or 7 using packaging material, in each case identified by the Universal Prod- 8 uct Code (UPC) if the product has one; 9 (c) The total amount, by both weight and number of units, which may be 10 estimated if an exact amount is infeasible to provide, of each type of 11 packaging material used to contain, protect, handle, deliver, transport, 12 distribute, or present products sold, offered for sale, or distributed 13 into the state by each individual producer during the prior calendar 14 year; 15 (d) The total amount, by both weight and number of units, of each 16 material used to contain, protect, handle, deliver, transport, distrib- 17 ute, or present products sold, offered for sale, or distributed into the 18 state by all producers during the prior calendar year; 19 (e) The total amount, by weight, of each material category recycled as 20 a result of activities undertaken by the organization, either directly 21 or through reimbursement or contractual arrangement; 22 (f) A calculation of the recycling rate of each material category 23 which is derived by dividing the amount of each material category recy- 24 cled, as reported in paragraph (e) of this subdivision by the amount of 25 each material category generated, as reported in paragraph (d) of this 26 subdivision; 27 (g) A complete accounting of all payments made to and by the organiza- 28 tion during the prior calendar year; 29 (h) An analysis of the average time it took to reimburse munici- 30 palities during the prior calendar year; 31 (i) A list of producers reasonably believed to be out of compliance 32 with the requirements of this title, and the reason the organization 33 reasonably believes the producer to be out of compliance. Information 34 on non-compliant producers shall be provided to the commissioner and 35 recycling inspector general's office in a timely fashion and for possi- 36 ble enforcement action by the office; 37 (j) A description of the educational and outreach efforts made by the 38 organization in the prior calendar year, and how those efforts were 39 designed to reduce packaging waste, and increase reuse and recycling of 40 packaging materials; 41 (k) An assessment of whether the fee structure adopted by the organ- 42 ization pursuant to section 27-3413 of this title has been effective in 43 incentivizing improvements to the design of packaging material, includ- 44 ing actual reduction of packaging material, increases in reusable and 45 refillable packaging material, recycling rates for packaging materials, 46 and decreases in the amount of packaging material; 47 (l) A description of the reimbursements and expenditures, including 48 the timeliness of such reimbursements, made pursuant to section 27-3413 49 of this title; 50 (m) A recommended minimum recyclables list that meets the requirements 51 of subdivision one of section 27-3431 of this title, based on the needs 52 assessment, information gathered from end markets, including commodity 53 brokers and manufacturers who purchase post-consumer materials for use 54 in manufacturing new products, and available collection and processing 55 infrastructure information; 56 (n) Audited financial statements;A. 1749 9 1 (o) The results of the review conducted pursuant to subdivision four 2 of this section; and 3 (p) Any additional information required by the department. 4 4. Each organization shall conduct an annual review process to deter- 5 mine whether packaging materials are recyclable. This review shall be 6 conducted in consultation with representatives of end markets, including 7 recycled commodities brokers and manufacturers who purchase post-consum- 8 er material for use in manufacturing new products, and in consultation 9 with local governments. For the purposes of calculating producer 10 payments and local government reimbursements in accordance with this 11 title, this annual process shall include a transitional period between 12 the date the determination is finalized and the date it goes into 13 effect. 14 5. Each organization shall conduct public outreach and provide consum- 15 ers with educational and informational materials related to reducing the 16 amount of packaging discarded, recycled, and disposed of in the state as 17 outlined in section 27-3423 of this title. 18 6. Each organization shall operate a program that provides for 19 collection convenience as described in section 27-3415 of this title. 20 7. An organization shall not share, except with the department, the 21 advisory council, and the toxic packaging task force, or as required by 22 law, any proprietary information that is identified by a producer as 23 proprietary information without prior written consent. 24 § 27-3407. Packaging reduction and recycling organization plan. 25 1. Within two years of the effective date of this title, the initial 26 packaging reduction organization shall develop and submit a packaging 27 reduction and recycling plan for implementation of the rules and regu- 28 lations of this title, including ensuring timely disbursements to local 29 governments, to the department for approval. The plan shall be submitted 30 to the advisory council for review pursuant to section 27-3411 of this 31 title prior to the department's approval. Any subsequent or additional 32 organization shall develop and submit a packaging reduction and recycl- 33 ing plan and comply with all the requirements of this section, and have 34 such plan approved pursuant to section 27-3409 of this title. 35 2. The plan shall cover five years and be updated every five years 36 following the approval of the original plan. The department shall have 37 the discretion to require the plan to be reviewed or revised prior to 38 the five-year period pursuant to section 27-3419 of this title. 39 3. Each producer shall begin program implementation within six months 40 after the date the plan for the initial organization is approved and in 41 no event later than three years of the effective date of this title. If 42 no plan is approved by that timeframe, the department, in its 43 discretion, shall either approve a plan with conditions or specify 44 modifications that must be made within forty-five days to conform the 45 submitted plan to the requirements of this section. If a producer is 46 not making good faith efforts to comply with the requirements of this 47 title during such forty-five day period, the producer shall be subject 48 to penalties for noncompliance. 49 4. The submitted plan shall include, but not be limited to: 50 (a) contact information, including the name, e-mail address, physical 51 address, and telephone number of the authorized representative of the 52 producer or producers; 53 (b) the identity of the producer or producers participating in the 54 plan; 55 (c) a comprehensive list of the types and brands of covered materials 56 for which the producer or producers are responsible for;A. 1749 10 1 (d) a description of how the organization will implement the program, 2 including the mechanisms and processes for providing assistance to 3 producers to comply with the reporting requirements of this title; 4 (e) in relation to funding the program: 5 (i) a proposed budget outlining the anticipated costs of operating the 6 program and a description of the method by which the organization 7 intends to determine and collect producer payments during the initial 8 startup period; 9 (ii) a description of the proposed funding mechanism, identified in 10 section 27-3413 of this title, that meets the requirements of this 11 title; 12 (iii) a description of how the organization will maintain a financial 13 reserve sufficient to operate the program in a fiscally prudent and 14 responsible manner; and 15 (iv) a description of how the organization intends to manage and 16 account for all program related funds which pass through the organiza- 17 tion, including how timely reimbursements to local governments will be 18 provided; 19 (f) an objective formula establishing a reimbursement rate, which 20 covers obligations identified in the needs assessment and the minimum 21 recyclables list and takes into account variable regional costs, for 22 participating local governments or private sector service providers; 23 (g) a description of the process for participating local governments 24 or private sector service providers to recoup reasonable costs as estab- 25 lished by the objective formula, from the producer or organization, 26 including, as applicable, any administrative, sorting, collection, 27 transportation, public education, or processing costs, if the organiza- 28 tion uses existing services through a local government or obtains such 29 services from a private sector service provider; 30 (h) at a minimum, the following funding mechanism details shall be 31 provided in the plan: 32 (i) proposed program fees, provided as a table listing the rate paid 33 for each material category, including at a minimum those identified in 34 subdivision three of section 27-3413, which in sum, will generate suffi- 35 cient funding to cover obligations identified in the needs assessment 36 and the requirements of this title; and 37 (ii) proposed program fee adjustments to incorporate eco-modulation 38 factors; 39 (i) a description of the characteristics of each type of packaging 40 material that is relevant to the eco-modulating factors set forth pursu- 41 ant to section 27-3413 of this title; 42 (j) if the local government does not elect to provide service, a 43 description of the process used for contracting with a private sector 44 entity to provide such services and the recoupment of reasonable costs, 45 including procedures to ensure that such private sector entity is not 46 compensated for such services by both the organization and the consumer 47 for the same service, provided, however, that the packaging recycling 48 and reduction organization and any such private sector entity has 49 entered into a labor peace agreement with a bona-fide labor organization 50 that is actively engaged in representing or attempting to represent its 51 employees and its contractors' employees; 52 (k) a description of how the organization will work with existing 53 waste haulers, material recovery facilities, recyclers, and local 54 governments to operate or expand current collection programs to address 55 material collection methods, improve efficiency and yield of processingA. 1749 11 1 materials from separate collection streams, and increase packaging 2 reduction and reuse; 3 (l) a description of how the organization will use open, competitive, 4 and fair procurement practices should they directly enter into contrac- 5 tual agreements with service providers, including municipalities and 6 private entities; 7 (m) a description of how a local government will participate, on a 8 voluntary basis, with collection and how existing local government recy- 9 cling processing and collection infrastructure will be used; 10 (n) a description of how the organization plans to meet the conven- 11 ience requirements set forth in this title; 12 (o) a description of the process for end-of-life management, including 13 recycling and disposal of residuals collected for recycling, using envi- 14 ronmentally sound management practices; 15 (p) a description of how the organization shall provide the option to 16 purchase recycled materials from processors; 17 (q) a description of how producers are complying with the waste 18 reduction, toxics, recycling and post-consumer content requirements of 19 this title, and the process for verifying compliance, including any 20 third party verification services; 21 (r) a description of how: (i) the organization will strategically 22 invest in existing and future reuse and recycling infrastructure and 23 market development in the state in consultation with the department and 24 in a manner not inconsistent with the needs assessment, including, but 25 not limited to, installing or upgrading equipment to improve the sorting 26 of covered materials or mitigating the impacts of materials on other 27 commodities at existing sorting and processing facilities, and capital 28 expenditures for new technology, equipment, and facilities; and (ii) how 29 the process to offer and select opportunities will be conducted in an 30 open, competitive, and fair manner; 31 (s) a description of how the organization's recycling infrastructure 32 and market development investments (i) were informed by the results of 33 the needs assessment, and (ii) will utilize the state's existing infras- 34 tructure; 35 (t) a process to address concerns and questions from customers and 36 residents; 37 (u) a description of the organization's public outreach education 38 program for consumers and other stakeholders; 39 (v) a description of how the comments of stakeholders were considered 40 and addressed in the development of the plan; 41 (w) a detailed description of how the organization consulted with the 42 advisory council, the public, and other stakeholders in the development 43 of the plan prior to its submission to the department, and to what 44 extent the organization specifically incorporated the advisory council's 45 input into the plan; 46 (x) a comprehensive contingency plan demonstrating how the activities 47 in the plan will continue to be carried out by some other entity, if 48 needed, such as an escrow company, until such time as a new plan is 49 submitted and approved by the department: 50 (i) upon the expiration of an approved plan; 51 (ii) in the event that the organization has been notified by the 52 department that it must transfer implementation responsibility for the 53 plan to a different organization; 54 (iii) in the event that the organization notifies the department that 55 it will cease to implement an approved plan; orA. 1749 12 1 (iv) in any other event that the organization can no longer carry out 2 plan implementation; and 3 (y) any other additional information required by the department. 4 5. The organization shall also provide the advisory council a reason- 5 able period of time to review and comment upon the draft plan prior to 6 its submission to the department in accordance with section 27-3409 of 7 this title which shall in no event be less than sixty days. The organ- 8 ization shall make an assessment of comments received and shall provide 9 a summary and an analysis of the issues raised by the advisory council 10 and significant changes suggested by any such comments, a statement of 11 the reasons why any significant changes were not incorporated into the 12 plan, and a description of any changes made to the plan as a result of 13 such comments. 14 § 27-3409. Packaging reduction and recycling plan approval. 15 1. Before approval or denial of a packaging reduction and recycling 16 plan can be made in accordance with this title, the producer or organ- 17 ization shall submit the plan to the packaging reduction and recycling 18 advisory council. The advisory council shall then make a recommendation 19 regarding approval or disapproval of the plan in accordance with section 20 27-3411 of this title. 21 2. Within sixty days of the advisory council making a recommendation 22 to the department, the department shall make a determination to approve 23 the plan as submitted; approve the plan with conditions; or deny the 24 plan, with reasons for the denial. 25 3. The department may establish additional plan requirements in addi- 26 tion to those identified herein to fulfill the intent of this title; 27 provided, however, that any additional requirements shall be established 28 one year prior to a required submission of a plan. 29 4. The department may rescind the approval of an approved plan at any 30 time for cause and with documented justification. 31 5. The maintenance of a labor peace agreement as contemplated by para- 32 graph (j) of subdivision four of section 27-3407 of this title shall be 33 an ongoing material condition of plan approval. 34 6. For the purposes of this title, "labor peace agreement" means an 35 agreement between an entity and labor organization that, at a minimum, 36 protects the state's proprietary interests by prohibiting labor organ- 37 izations and members from engaging in picketing, work stoppages, 38 boycotts, and any other economic interference. 39 § 27-3411. Packaging reduction and recycling advisory council. 40 1. There is hereby established within the department a packaging 41 reduction and recycling advisory council to receive and review the pack- 42 aging reduction and recycling plans required under section 27-3407 of 43 this title, to make recommendations to the department regarding approval 44 of the plans, to review the annual reports produced by organizations and 45 to make recommendations to the department and organizations as required 46 by this section. 47 2. The advisory council shall convene for the first time no later than 48 one year after the effective date of this title. The advisory council 49 shall be composed of seventeen members. Nine shall be appointed by the 50 commissioner, three shall be appointed by the speaker of the assembly, 51 one shall be appointed by the minority leader of the assembly, three 52 shall be appointed by the temporary president of the senate and one 53 shall be appointed by the minority leader of the senate. The advisory 54 council shall include at least one member from each of the following:A. 1749 13 1 (a) a local government association or local government program, 2 including an additional local government representative from cities with 3 a population of one million or more residents; 4 (b) a statewide environmental organization; 5 (c) a representative of a disadvantaged community affected by solid 6 waste infrastructure; 7 (d) an environmental justice organization; 8 (e) a statewide waste disposal or recycling association; 9 (f) a materials recovery facility located within the state; 10 (g) a recycling collection provider; 11 (h) a manufacturer of packaging materials utilizing post-consumer 12 recycled content; 13 (i) a consumer advocate; 14 (j) a retailer; 15 (k) a public health specialist; 16 (l) a producer and an organization established under this title as 17 non-voting members; 18 (m) a representative of a labor organization representing waste 19 collection employees; and 20 (n) a representative of a labor organization representing municipal 21 solid waste and recycling processing employees. 22 3. Appointments to the advisory council are term-limited to ten 23 consecutive years of service; the chair shall be chosen through a major- 24 ity vote of its members and shall serve no longer than three consecutive 25 years. 26 4. Advisory council members shall serve without compensation, except 27 that a member of the committee who is a state officer or employee may 28 receive their regular compensation while engaging in the business of the 29 committee, but shall be entitled to receive reimbursement for any actu- 30 al, necessary expenses incurred in the course of performing business for 31 the committee. 32 5. All decisions made by the advisory council shall be decided by 33 voting and votes shall only be valid when a quorum is present. A quorum 34 shall exist when greater than fifty percent of voting members are pres- 35 ent. The advisory council shall meet at least once a year by the call of 36 the chair or by request of more than half the members. The decisions of 37 the advisory council shall be by vote of the majority of its membership. 38 6. The council shall determine whether the plan submitted under 39 section 27-3409 of this title meets the criteria and objectives under 40 such section in making its recommendation. 41 7. The advisory council shall, within sixty days of the submission of 42 a packaging reduction and recycling plan, either: 43 (a) forward the plan to the commissioner with its recommendation for 44 approval; or 45 (b) forward the plan to the commissioner with its disapproval and 46 stated reasons therefor, including any recommended changes to the plan 47 necessary for approval. 48 8. An organization may resubmit a packaging reduction and recycling 49 plan for approval at any time. Upon such resubmission, the advisory 50 council shall, within sixty days, forward the plan to the commissioner 51 with its recommendation for approval or disapproval. 52 9. The advisory council shall review the submitted annual reports and 53 make such recommendations to the department and the organization for 54 improving future administration of the program and compliance with this 55 title.A. 1749 14 1 10. Thirty months from the date the department adopts rules and regu- 2 lations pursuant to this title, and every three years thereafter, the 3 advisory council shall conduct a review of all relevant data, including 4 annual reports, the latest scientific data available, any pertinent 5 statewide waste and reuse data, and any other information deemed impor- 6 tant, to make recommendations to the following: 7 (a) organizations for any changes in the administration of the 8 program, including feedback on the education and outreach program as 9 outlined in section 27-3423 of this title; 10 (b) the department for any necessary changes to regulations, the fund- 11 ing mechanism, reimbursement and expenditure policies, or whether it 12 would be beneficial for there to be additional organizations implement- 13 ing the program; and 14 (c) the legislature for recommended statutory changes. Such recommen- 15 dations shall include a recommendation as to whether to modify the defi- 16 nition of recycling under this title. 17 § 27-3413. Funding mechanism. 18 1. An organization shall establish such program participation fees for 19 producers through the plan pursuant to section 27-3407 of this title, 20 which shall be sufficient to cover all costs of the program, including 21 administration, enforcement, the statewide needs assessment, and all 22 other state costs of the program and organizations' costs of the 23 program, including but not limited to those costs described in subdivi- 24 sion four of this section. 25 2. An organization shall structure program fees to provide producers 26 with financial incentives through eco-modulation, to reward waste and 27 source reduction and recycling compatibility innovations and practices, 28 and to disincentivize designs or practices that increase costs of manag- 29 ing the products or materials that contain toxic substances. 30 3. An organization may adjust fees to be paid by participating 31 producers based on factors that affect system costs. At a minimum, fees 32 shall be variable based on: 33 (a) The category of packaging material, provided that the list of such 34 packaging material categories for which there is a specific producer fee 35 shall include, at a minimum, the following material types: 36 (i) Paper; 37 (ii) Cardboard; 38 (iii) Corrugated cardboard; 39 (iv) Wood; 40 (v) Glass; 41 (vi) Polyethylene terephthalate (PET); 42 (vii) High density polyethylene (HDPE); 43 (viii) Expanded polystyrene (EPS); 44 (ix) Polystyrene; 45 (x) Bio-plastics; 46 (xi) Generic plastics; 47 (xii) Plastic film; 48 (xiii) Other plastics; 49 (xiv) Ferrous metals; 50 (xv) Aluminum; 51 (xvi) Tinplate; 52 (xvii) Generic metals; and 53 (xviii) Mixed materials including laminates and packaging containing 54 more than one of the above materials; 55 (b) The quantity of each packaging material type, by weight, that the 56 producer sells, offers for sale, or distributes in the state;A. 1749 15 1 (c) Eco-modulation, including as described in subdivision two of this 2 section. 3 4. Producer fees shall be designed to cover, at minimum, the total 4 costs associated with: 5 (a) Providing curbside collection or other form of residential service 6 that is, at minimum, as convenient as is detailed in section 27-3415 of 7 this title; 8 (b) The department's and other state agencies' administration and 9 enforcement of this title; 10 (c) Organizations' administration of this title; 11 (d) The cost associated with the development of the needs assessment, 12 as required in section 27-3421 of this title; 13 (e) The costs associated with the advisory council and the toxic pack- 14 aging task force; 15 (f) The costs associated with establishing packaging reduction and 16 reuse infrastructure; 17 (g) The cost of reimbursement for, or providing, recycling services, 18 including the collection cost, processing cost for each recyclable mate- 19 rial, cost of handling non-recyclable material types collected as part 20 of a recycling operation, transportation cost of recycling for each 21 material type; and 22 (h) Any other factors determined by the department. 23 5. An organization may adjust producer fees based on factors that 24 affect system costs provided that the specific parameters of such 25 adjustments and fees are included in the plan approved by the depart- 26 ment. At a minimum, fees shall be variable based on: 27 (a) costs to provide curbside collection or another form of residen- 28 tial service that is, at minimum, as convenient as curbside collection 29 or as convenient as the previous recycling collection plan in the 30 particular jurisdiction should recycling collection not be provided; 31 (b) costs to process packaging materials for acceptance by secondary 32 material markets; 33 (c) whether the packaging material would typically be readily-recycla- 34 ble, except that as a consequence of the packaging design, the packaging 35 product has the effect of disrupting recycling processes or the product 36 includes labels, inks, and adhesives containing heavy metals or other 37 toxic substances that would result in contamination of the recycling 38 process; 39 (d) whether the packaging material is specifically designed to be 40 reusable or refillable and has high reuse or refill rate; and 41 (e) the commodity value of a packaging material, as defined by 42 published indices. 43 6. The fees shall be adjusted, or the producers may be provided a 44 credit, as detailed in the plan, based upon the percentage of post-con- 45 sumer recycled material content and such percentage of post-consumer 46 recycled content shall be verified by the organization or through an 47 independent third party approved to perform verification services to 48 ensure that such percentage exceeds the minimum requirements in the 49 packaging, as long as the recycled content does not disrupt the poten- 50 tial for future recycling. 51 7. In addition to the annual schedule of fees approved in the plan, an 52 organization fee schedule may include a special assessment on specific 53 categories of packaging materials, identified in the plan, if the nature 54 of the packaging material imposes unusual costs in collection or proc- 55 essing or requires special actions to address effective access to recy- 56 cling or successful processing in local government recycling facilities.A. 1749 16 1 8. The fees shall be structured to provide producers with financial 2 incentives to encourage: 3 (a) A reduction in total packaging as measured by unit weight used by 4 producers, and discarded by consumers, businesses, institutions, and 5 other users. Weight reductions shall not be achieved by substituting 6 plastic for other materials types; 7 (b) An increase in the proportion of a producer's total packaging that 8 is managed within a reuse and refill system; 9 (c) An increase in the proportion of a producer's total packaging that 10 is deemed recyclable as determined by an annual review process as 11 described in section 27-3405 of this title; 12 (d) An increase in the proportion of a producer's total packaging that 13 is ultimately recycled; 14 (e) A reduction in toxic components in packaging materials; and 15 (f) A reduction in litter from packaging materials. 16 9. An organization shall be responsible for calculating and disbursing 17 funding at a reasonable rate developed through an objective formula 18 approved by the department, and such reasonable rate may be varied based 19 on population density rates, for municipal services utilized by an 20 organization if the municipality elects to be compensated by the organ- 21 ization in the collection, recovery, recycling, and processing of 22 covered materials and products, whether such services are provided 23 directly by the municipality or through a contracted service provider. 24 10. If a municipality does not elect to provide service, the organiza- 25 tion shall be responsible for contracting with a private entity for 26 services and shall be responsible for calculating and disbursing funding 27 at a reasonable recycling program rate for collection, recycling, recov- 28 ery, and processing services provided by the private sector entity 29 contracted to provide such service. Any such contract shall be subject 30 to a labor peace agreement as contemplated by paragraph (j) of subdivi- 31 sion four of section 27-3407 of this title. 32 11. To facilitate an organization's cost reimbursement determination, 33 participating municipalities and private sector haulers contracting with 34 the organization shall report data related to their costs and the value 35 of materials to the organization. Cost calculations shall take into 36 consideration the amount received from the sale of source-separated 37 materials. 38 12. There shall be no fee assessed on reusable or refillable packaging 39 and containers contained within a reuse or refill system. 40 13. Any funds directly collected pursuant to this title shall not be 41 used to carry out lobbying activities on behalf of an organization. 42 14. No retailer may charge a point-of-sale or other fee to consumers 43 to facilitate a producer or organization to recoup the costs associated 44 with meeting the obligations under this title. 45 15. Nothing in this title shall require a local government to partic- 46 ipate in the program, provided that a local government must give at 47 least three months' notice of its intent to cease participation. 48 § 27-3415. Collection and convenience. 49 1. The program shall provide for widespread, convenient, and equitable 50 access to collection opportunities for recyclable packaging materials at 51 no additional cost. Such opportunities, including curbside recycling, 52 shall be provided to all residents of the state in a manner that is as 53 convenient as the collection of solid waste as provided to the consumer 54 as of the effective date of this title. Organizations shall ensure 55 services continue for curbside recycling programs as of the effective 56 date of this title, either directly or through a contract to provideA. 1749 17 1 services, and that such services are continued through such producer or 2 organization's plan pursuant to section 27-3405 of this title. 3 2. Participation in the program shall not restrict a jurisdiction's 4 consumer's ability to contract directly with third parties to obtain 5 recycling collection services if consumers have the option to enter into 6 such contracts as of the effective date of this title, as long as the 7 consumer still voluntarily chooses to contract directly with the third 8 party. The local government shall not provide disbursement to such 9 third party should the local government provide widespread recycling 10 services either directly or through a contract that is different from 11 the contract with such third party, and there shall be procedures in 12 place to ensure that no service provider is compensated more than once 13 for the same service. 14 3. Organizations may rely on a range of means to collect various cate- 15 gories of packaging materials so long as collection options include 16 curbside recycling collection services provided by municipal programs, 17 municipal contracted programs, solid waste collection companies, or 18 other approved entities as identified by the department if at a minimum: 19 (a) the category of packaging materials is on the minimum recyclables 20 list, is suitable for residential curbside recycling collection and can 21 be effectively sorted by the facilities receiving the curbside collected 22 material; 23 (b) the category of packaging materials is not handled through a 24 deposit and return scheme or buy back system that relies on a collection 25 system other than curbside or multi-family collection; 26 (c) the provider of the curbside recycling service agrees to the 27 organization's service provider costs arrangement; and 28 (d) any private contract for such services is subject to a labor peace 29 agreement as contemplated by paragraph (j) of subdivision four of 30 section 27-3407. 31 4. All local government or private recycling service providers shall 32 provide for the collection and recycling of all packaging materials 33 contained on the minimum recyclables lists, based on geographic regions, 34 in order to be eligible for reimbursement; provided, however, nothing 35 shall penalize a local government or private recycling service for 36 recovering and recycling materials that are generated in the local 37 government or geographic region that are not included on the minimum 38 recyclables lists as long as it can be demonstrated that such materials 39 have a consistent regional market for purchase as determined by the 40 department in consultation with the producer or organization. 41 5. Reimbursement shall cover collection, processing, transportation, 42 and recycling and disposal of all packaging materials so long as the 43 program includes at least the minimum recyclables list. The department 44 may grant an exception to the requirements in this subdivision upon a 45 written showing by the local government or private recycling service 46 that compliance with the requirements is not practicable for a specific 47 identified product or material and if the department finds it is in the 48 best interest of the intent of this title to grant an exception; 49 provided, however, that any such exception granted by the department 50 shall not exceed twelve months. 51 6. Program funds shall be used for investment in collection systems, 52 transportation systems, reuse systems, washing systems, redistribution 53 systems, technology for tracking and data collection, capital expendi- 54 tures on new and emerging technology that is focused on reusable and 55 refillable packaging, as well as equipment, and facilities, and otherA. 1749 18 1 projects determined by the department to facilitate the goals and 2 objectives of this title. 3 7. Nothing in this title shall be deemed to automatically void or 4 nullify any collection contracts in effect as of the effective date of 5 this title. 6 § 27-3417. Producer responsibilities. 7 1. Beginning with the required program implementation date as contem- 8 plated by subdivision three of section 27-3407 of this title and in no 9 event later than three years after the effective date of this title, a 10 producer shall not sell, offer for sale, or distribute into the state a 11 product contained, protected, delivered, presented, or distributed in 12 packaging unless the producer is registered with an organization and in 13 full compliance with all requirements of this title. Producers shall 14 register with the initial organization within eighteen months of the 15 effective date of this title; provided, however, that any person who 16 becomes a producer thereafter shall register with an organization and 17 begin program implementation within six months thereof or be subject to 18 penalties for noncompliance. 19 2. Either when the producer registers, or within eighteen months of 20 the effective date of this title, whichever is later and annually there- 21 after, each producer shall provide the organization with the following 22 information: 23 (a) Contact information, including the name, e-mail address, physical 24 address, and telephone number of the authorized representative of the 25 producer; 26 (b) A comprehensive list of the categories and brands of packaging 27 materials for which the producer or producers are responsible; 28 (c) The total amount, in units and weight, of each category of packag- 29 ing material sold, offered for sale, or distributed for sale into the 30 state by the producer in the prior calendar year; and 31 (d) Any other information required by the department. 32 3. Producers are responsible for payment of fees, through an organiza- 33 tion, based on the quantity, category of packaging material used in the 34 state, and other factors. 35 4. Producers are responsible for meeting the toxic substances, packag- 36 ing material reduction, post-consumer content, and recycling standards 37 under this title. 38 5. A producer shall electronically submit annually, to both the 39 department and the packaging reduction and recycling organization, a 40 written declaration signed by its chief executive officer, verifying the 41 producer's compliance with: 42 (a) The packaging material reduction requirements of this title; 43 (b) The packaging material recycled content requirements of this 44 title; 45 (c) The packaging material recycling requirements of this title; 46 (d) The toxic substance reduction requirements of this title; 47 (e) Their obligations to pay fees to the organization pursuant to 48 section 27-3413 of this title and subdivision three of this section; and 49 (f) Any reimbursement obligations they have to local governments or 50 third party service providers in connection with this title. 51 6. A producer is exempt from the requirements and prohibitions of this 52 title in a calendar year in which: 53 (a) The producer and its affiliates collectively realized less than 54 five million dollars in total gross revenue during the prior calendar 55 year;A. 1749 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 the 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-A. 1749 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;A. 1749 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;A. 1749 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 excluding 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 anA. 1749 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 packagingA. 1749 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. In the case of a producer for which, as of the effective date of 33 this title or upon entry into the market after such effective date, a 34 portion of its packaging is reusable and contained within a reuse and 35 refill system, such producer may apply to the department for a waiver 36 from the packaging reduction requirements set forth in subdivision one 37 of this section with respect to that percentage of its packaging, by 38 unit weight, which is contained within a reuse and refill system. 39 5. In the case of a producer that demonstrates in a manner satisfac- 40 tory to the department that, for the period beginning ten years prior to 41 the effective date of this title and ending on the date which is two 42 years after the effective date of this title, the producer reduced the 43 amount of packaging used to contain, protect, deliver, present, or 44 distribute the products the producer sells, offers for sale, or distrib- 45 utes for sale into the state, such producer may apply to the department 46 for a waiver from the packaging reduction requirements of this section 47 with respect to that percentage of its packaging, by unit weight, which 48 was reduced during such twelve-year period. 49 6. A producer may apply to the department for a waiver from the 50 reduction requirements of this section if compliance is impossible due 51 to federal law or otherwise conflicts with federal law. Such waiver 52 must be applied for annually. In such application the producer shall 53 provide the department and the advisory council with sufficient informa- 54 tion, in the determination of the department in consultation with the 55 advisory council, to make a determination on such application, includingA. 1749 25 1 proof that the producer has taken all feasible actions to achieve the 2 reductions required by this section. 3 7. Nothing in this section shall preclude a producer from going beyond 4 the reduction standards in subdivision one of this section. 5 § 27-3429. Recycled content standards. 6 1. Each individual producer shall meet the recycling content targets 7 contained in this section. 8 2. Beginning two years after promulgation of rules and regulations 9 pursuant to this title: 10 (a) all glass containers manufactured in the state used by the produc- 11 er shall contain, on average, at least thirty-five percent post-consumer 12 recycled content; 13 (b) all paper carryout bags sold, offered for sale, or given away free 14 in the state by a producer shall contain, on average, at least forty 15 percent post-consumer recycled content; except that a paper carryout bag 16 that holds eight pounds or less shall only be required to contain, on 17 average, at least twenty percent post-consumer recycled content; and 18 (c) all plastic trash bags sold or offered for sale in the state by a 19 producer shall contain, on average, at least twenty percent post-consum- 20 er recycled content. 21 3. The requirements of this section shall not apply to reusable or 22 refillable packaging or containers. 23 4. Beginning two years after plan implementation begins for the 24 initial organization, the department is authorized, in consultation with 25 the advisory council, to: 26 (a) establish content requirements for materials not listed in subdi- 27 vision two of this section; and 28 (b) modify the post-consumer recycled content targets for the materi- 29 als set forth in subdivision two of this section, provided that modifi- 30 cations do not result in a lesser percentage or an earlier year for the 31 respective target. 32 § 27-3431. Recyclability criteria and packaging recycling requirements. 33 1. Beginning two years after the promulgation of rules and regulations 34 pursuant to this title, packaging materials used by a producer shall 35 meet the following recyclability criteria: 36 (a) be capable of being sorted by entities that process recyclable 37 material generated in the state; 38 (b) have a consistent regional market for purchase, by end users in 39 the production of new products; 40 (c) not contain the following: 41 (i) opaque or pigmented polyethylene terephthalate; 42 (ii) oxo-degradable additives, including oxo-biodegradable additives; 43 (iii) polyethylene terephthalate glycol in rigid packaging; 44 (iv) label constructions, including adhesives, inks, materials and 45 formats, or features that render a package non-recyclable or disruptive 46 to the recycling process; and 47 (v) DoPS - polystyrene, excluding EPS (expanded polystyrene); 48 (d) meet the post-consumer content requirements of this title; and 49 (e) any other criteria determined by the department. 50 2. Each individual producer shall be required to meet the following 51 recycling rate standards: 52 (a) With respect to the producer's non-plastic packaging: 53 (i) Beginning January first, two thousand thirty, a minimum of thir- 54 ty-five percent of packaging material reported by the producer or an 55 organization as supplied into the state shall be reused or recycled, 56 with a minimum of five percent being reused;A. 1749 26 1 (ii) Beginning January first, two thousand thirty-seven, a minimum of 2 fifty percent of packaging material reported by the producer or an 3 organization as supplied into the state shall be reused or recycled, 4 with a minimum of ten percent being reused; and 5 (iii) Beginning January first, two thousand fifty-two, a minimum of 6 seventy-five percent of packaging material reported by the producer or 7 an organization as supplied into the state shall be reused or recycled, 8 with a minimum of twenty percent being reused. 9 (b) With respect to plastic packaging: 10 (i) Beginning January first, two thousand thirty, a minimum of twen- 11 ty-five percent of plastic packaging material reported by the producer 12 or an organization as supplied into the state shall be reused or recy- 13 cled; 14 (ii) Beginning January first, two thousand thirty-seven, a minimum of 15 fifty percent of plastic packaging material reported by the producer or 16 an organization as supplied into the state shall be reused or recycled; 17 and 18 (iii) Beginning January first, two thousand fifty-two, a minimum of 19 seventy-five percent of plastic packaging material reported by the 20 producer or an organization as supplied into the state shall be reused 21 or recycled. 22 3. The department may adjust the recycling rates in subdivision two of 23 this section by rulemaking based on information gathered through the 24 needs assessment or provided in producer plans and reports, and/or based 25 on consideration of environmental, technical and economic conditions. An 26 adjustment to the statewide recycling and reuse performance targets may 27 not adjust the recycling rate target to less than thirty percent or more 28 than seventy-five percent. 29 4. A producer may apply to the department for a waiver from the recy- 30 cling rate requirements of this section if compliance is impossible due 31 to federal law or otherwise conflicts with federal law. Such waiver 32 shall be applied for annually. In such application the producer shall 33 provide the department and the advisory council with sufficient informa- 34 tion, in the determination of the department in consultation with the 35 advisory council, to make a determination on such application, including 36 proof that the producer has taken all feasible actions to achieve the 37 reductions required by this section. 38 5. The requirements of subdivision two of this section shall not apply 39 to reusable or refillable packaging or containers. 40 § 27-3433. Establishment of the office of recycling inspector general. 41 1. The commissioner shall establish an independent office of recycling 42 inspector general within the department. The recycling inspector general 43 shall evaluate the programs and organizations created pursuant to this 44 title on an annual basis and shall ensure such programs are functioning 45 properly, and that all organizations and producers are in compliance 46 with the requirements of this title. 47 2. The recycling inspector general shall have the authority to inves- 48 tigate the compliance of producers and the organization with all 49 provisions of this title and to bring enforcement actions for violations 50 of this title pursuant to the provisions of section 27-3435 of this 51 title. A violation by the organization as the result of actions by one 52 or more producers shall be enforceable by the recycling inspector gener- 53 al as violations against such producers. 54 § 27-3435. Penalties and enforcement. 55 1. Failure to comply with the requirements of this title shall subject 56 the organization or an individual producer to penalties for violations.A. 1749 27 1 The department, recycling inspector general, or attorney general, may 2 conduct investigations, including inspecting operations, facilities, and 3 records of producers and organizations, and performing audits of produc- 4 ers and organizations, to determine whether such producers and organiza- 5 tions are complying with the requirements of this title. 6 2. The department, the recycling inspector general, or the attorney 7 general, shall notify an organization or producer of any conduct or 8 practice that does not comply with the requirements of this title and of 9 any inconsistencies identified in an audit. 10 3. The department, the recycling inspector general, and the attorney 11 general, may issue a notice of violation to, and impose an administra- 12 tive civil penalty not to exceed one thousand dollars per day per 13 violation on any entity not in compliance with this title or any of the 14 regulations the department adopts to implement this title. For the 15 purposes of this section, each product line that is sold, offered for 16 sale, or distributed to consumers via retail commerce in the state, 17 including through an internet transaction, shall be considered a sepa- 18 rate violation. 19 4. Civil penalties under this section shall be assessed by the depart- 20 ment after an opportunity to be heard pursuant to the provisions of 21 section 71-1709 of this chapter, or by the court in any action or 22 proceeding pursuant to section 71-2727 of this chapter, and in addition 23 thereto, such person or entity may by similar process be enjoined from 24 continuing such violation and any permit, registration or other approval 25 issued by the department may be revoked or suspended or a pending 26 renewal denied. 27 § 27-3437. Rules and regulations. 28 1. Within eighteen months after the effective date of this section, 29 the department shall promulgate all rules and regulations necessary to 30 implement, administer, and enforce the provisions of this title. 31 2. When promulgating rules pursuant to the provisions of this section, 32 the department shall solicit input from the public of any draft rule or 33 regulation to implement this section, including at a minimum a ninety- 34 day comment period and one public hearing on such draft rules. 35 § 27-3439. State preemption. 36 Jurisdiction in all matters pertaining to costs and funding mechanisms 37 of packaging reduction and recycling organizations relating to the 38 recovery of packaging materials shall, by this title, be vested exclu- 39 sively in the state; provided, however, that nothing in this title shall 40 preclude any city, town, village or other local planning units from 41 determining what materials shall be included for recycling in a local 42 government recycling collection program or shall preclude any person 43 from coordinating, for recycling or reuse, the collection of packaging 44 materials and products. 45 § 27-3441. Other assistance programs. 46 Nothing in this title shall impact any producer eligibility for any 47 state or local incentive or assistance program to which they are other- 48 wise eligible. 49 § 27-3443. Antitrust protections. 50 A producer shall not be liable for any claim of a violation of anti- 51 trust, restraint of trade, or unfair trade practice arising from conduct 52 undertaken in order to comply with this title; provided, however, this 53 section shall not apply to any agreement establishing or affecting the 54 price of packaging material, or the output or production of any agree- 55 ment restricting the geographic area or customers to which packaging 56 material will be sold.A. 1749 28 1 § 27-3445. Severability. 2 The provisions of this title shall be severable and if any phrase, 3 clause, sentence or provision of this title or the applicability thereof 4 to any person or circumstance shall be held invalid, the remainder of 5 this title and the application thereof shall not be affected thereby. 6 § 3. The environmental conservation law is amended by adding a new 7 section 37-0202 to read as follows: 8 § 37-0202. Applicability. 9 This article shall only have effect to the extent that the prohibi- 10 tions in this title are not otherwise substantially given effect or in 11 conflict with the provisions of title thirty-four of article twenty-sev- 12 en of this chapter. 13 § 4. This act shall take effect immediately.
