Bill Text: NY A02242 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes a paint stewardship program; promotes strategies to reduce generation of post-consumer architectural paint; requires establishment of a recycling program of architectural paint by retailers and/or producers.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2018-04-19 - advanced to third reading cal.736 [A02242 Detail]
Download: New_York-2017-A02242-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2242--A 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES, MOSLEY, SKOUFIS, LUPARDO, L. ROSENTHAL, COLTON, SEPULVEDA, WILLIAMS, OTIS, JEAN-PIERRE -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to establishing a paint stewardship program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Declaration of legislative intent and findings. The legis- 2 lature finds and declares that it is in the public interest of the state 3 of New York for architectural paint producers to finance and manage an 4 environmentally sound, cost-effective architectural paint stewardship 5 program, undertaking responsibility for the development and implementa- 6 tion of strategies to reduce the generation of post-consumer architec- 7 tural paint, promote the reuse of post-consumer architectural paint and 8 collect, transport and process post-consumer architectural paint for 9 end-of-product-life management, including reuse and recycling. 10 § 2. Article 27 of the environmental conservation law is amended by 11 adding a new title 20 to read as follows: 12 TITLE 20 13 PAINT STEWARDSHIP PROGRAM 14 Section 27-2001. Short title. 15 27-2003. Declaration of policy. 16 27-2005. Definitions. 17 27-2007. Producer collection. 18 27-2009. Producer registration and responsibilities. 19 27-2011. Retailer requirements. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05546-02-8A. 2242--A 2 1 27-2013. Department responsibilities. 2 27-2015. Reporting requirements. 3 27-2017. Collective participation. 4 § 27-2001. Short title. 5 This title shall be known as and may be cited as the "New York state 6 paint stewardship program". 7 § 27-2003. Declaration of policy. 8 It is hereby declared to be the public policy of the state of New York 9 to promote the development and implementation of strategies to reduce 10 the generation of post-consumer architectural paint, to encourage the 11 reuse of post-consumer architectural paint, and to maximize the 12 collection, transport, and process of post-consumer architectural paint 13 for end-of-product-life management. 14 § 27-2005. Definitions. 15 When used in this title: 16 1. "architectural paint" means interior and exterior architectural 17 coatings sold in containers of five gallons or less. Architectural paint 18 does not mean industrial, original equipment or specialty coatings. 19 2. "consumer" means a person located in the state who owns or uses 20 architectural paint, including but not limited to an individual, a busi- 21 ness, corporation, limited partnership, not-for-profit organization, or 22 governmental entity, but does not include an entity involved in a whole- 23 sale transaction between a distributor and retailer. 24 3. "distributor" means a company that has a contractual relationship 25 with one or more producers to market and sell architectural paint to 26 retailers in this state. 27 4. "post-consumer architectural paint" means architectural paint not 28 used and no longer wanted by its purchaser. 29 5. "producer" means a person that manufactures architectural paint 30 that is sold or offered for sale in this state. 31 6. "recycling" means any process by which discarded products, compo- 32 nents and by-products are transformed into new usable or marketable 33 materials in a manner in which the products may lose their original 34 composition. Recycling does not include energy recovery or energy gener- 35 ation by means of combusting discarded products, components and by-pro- 36 ducts with or without other waste products from post-consumer architec- 37 tural paint. 38 7. "retailer" means any person that sells or offers for sale architec- 39 tural paint at retail in this state. 40 8. "reuse" means the return of a product into the economic stream for 41 use in the same kind of application intended for the use of the product, 42 without a change in the product's original composition. 43 9. "sell" or "sale" means any transfer of title for consideration, 44 including remote sales conducted through sales outlets, catalogs or the 45 internet or through any other similar electronic means. 46 § 27-2007. Producer collection. 47 Beginning December thirty-first, two thousand nineteen, a producer 48 shall accept for disposal and recycling or reuse post-consumer architec- 49 tural paint. 50 § 27-2009. Producer registration and responsibilities. 51 1. A producer shall individually or cooperatively with one or more 52 other producers, submit a registration to the department by July first, 53 two thousand nineteen, along with a registration fee of five thousand 54 dollars. Such registration shall include: 55 (a) the producer's name, address, and telephone number;A. 2242--A 3 1 (b) the name and title of an officer, director, or other individual 2 designated as the producer's contact for purposes of this title; 3 (c) a list identifying the producer's brands; 4 (d) a general description of the manner in which the producer will 5 comply with section 27-2007 of this title, including specific informa- 6 tion on the producer's architectural paint acceptance program in the 7 state, intended treatment, storage, transportation and disposal options 8 and a current list of locations within the state where consumers may 9 return architectural paint; 10 (e) targeted annual collection rates; 11 (f) educational and outreach program that will be implemented to 12 inform consumers and retailers of the program and how to participate; 13 and 14 (g) any other information as the department may require. 15 2. A producer's registration shall be updated within thirty days of 16 any material change to the information required by the registration. 17 3. Any person who becomes a producer on or after January first, two 18 thousand twenty shall register with the department prior to selling or 19 offering for sale in the state any architectural paint, and must comply 20 with the requirements of this title. 21 4. No later than January first, two thousand twenty, a producer shall 22 not sell or offer for sale architectural paint in the state unless the 23 producer has registered with the department and maintains an architec- 24 tural paint acceptance program through which the producer, either 25 directly or through an agent or designee, accepts architectural paint 26 from consumers in the state for disposal, reuse or recycling. The 27 producer shall ensure that retailers are notified of such registration. 28 The producer shall not impose a fee on consumers for the collection, 29 handling and recycling or reuse of architectural paint. 30 5. The architectural paint acceptance program shall include, at a 31 minimum: 32 (a) collection, disposal and recycling or reuse of architectural paint 33 produced by the producer and offered for return by any consumer in this 34 state, free of cost and in a manner convenient to consumers. The follow- 35 ing acceptance methods shall be considered reasonably convenient: (i) 36 collection or acceptance events conducted by the producer or the produc- 37 er's agent or designee, including events conducted through local govern- 38 ments or private parties; (ii) fixed acceptance locations such as dedi- 39 cated acceptance sites operated by the producer or its agent or 40 designee; (iii) agreements with local governments, retail stores, sales 41 outlets and not-for-profit organizations which have agreed to provide 42 facilities for the collection of architectural paint; (iv) community 43 collection events; and (v) any combination of these or other acceptance 44 methods which effectively provide for the acceptance of architectural 45 paint for recycling or reuse through means that are available and 46 reasonably convenient to consumers in the state. At a minimum, the 47 producer shall ensure that all counties of the state and all munici- 48 palities which have a population of ten thousand or greater have at 49 least one permanent collection site and one additional permanent 50 collection site for every thirty thousand people located in those areas, 51 unless otherwise approved by the department, or unless the producer is a 52 small business taxpayer as defined in paragraph (f) of subdivision one 53 of section two hundred ten of the tax law. Such producers shall conduct 54 no less than one collection event annually. The department may estab- 55 lish additional requirements to ensure convenient collection from 56 consumers;A. 2242--A 4 1 (b) a public education program to inform consumers about the produc- 2 er's architectural paint acceptance program, including at a minimum an 3 internet website and a toll-free telephone number and written informa- 4 tion included in the package for, or at the time of sale of, architec- 5 tural paint that provides sufficient information to allow a consumer of 6 architectural paint to learn how to return such paint for disposal, 7 recycling or reuse; and 8 (c) any other information as required by the department in accordance 9 with regulations promulgated pursuant to this article. 10 6. A producer shall maintain records demonstrating compliance with the 11 provisions of this title and make them available for audit and 12 inspection by the department for a period of three years. 13 7. A producer may satisfy the architectural paint collection require- 14 ments of this section by agreeing to participate in a collective archi- 15 tectural paint acceptance program with other producers. Any such collec- 16 tive architectural paint acceptance program shall meet the same 17 requirements as an individual producer. Any architectural acceptance 18 program shall include a list of producers that are participating in such 19 program along with other identifying information as may be required by 20 the department. Such program shall submit a registration to the depart- 21 ment along with a registration fee of ten thousand dollars. 22 8. A producer shall be responsible for all costs associated with the 23 implementation of the architectural paint acceptance program. 24 § 27-2011. Retailer requirements. 25 1. At the location of sale of architectural paint, a retailer shall 26 provide purchasers of architectural paint with information about oppor- 27 tunities for the return of architectural paint that has been provided to 28 the retailer by a producer. 29 2. No later than July first, two thousand twenty no retailer shall 30 sell or offer for sale in the state any architectural paint unless the 31 producer and the producer's brands are registered with the department 32 pursuant to section 27-2009 of this title. 33 § 27-2013. Department responsibilities. 34 1. The department shall promulgate all necessary rules and regulations 35 including, but not limited to, standards for reuse. 36 2. The department shall (a) maintain a list of producers who are 37 registered pursuant to section 27-2009 of this title, (b) maintain a 38 list of each such producer's brands, and (c) post such lists on the 39 department's website. 40 § 27-2015. Reporting requirements. 41 1. Beginning March first, two thousand twenty-one, for the previous 42 calendar year and annually thereafter, a producer that offers architec- 43 tural paint for sale in this state shall submit a report to the depart- 44 ment on a form prescribed by the department that includes the following: 45 (a) the quantity of architectural paint collected for disposal, recy- 46 cling or reuse in this state during the preceding calendar year and the 47 methods used to accept such paint and the approximate weight and volume 48 of architectural paint accepted by each method used to the extent known; 49 (b) information detailing the acceptance methods made available to 50 consumers; 51 (c) a brief description of its public education program and samples of 52 any materials, the number of visits to the internet website and calls to 53 the toll-free telephone number provided by the producer as required by 54 section 27-2009 of this title; 55 (d) any other information as required by the department; andA. 2242--A 5 1 (e) a signature by an officer, director, or other individual affirming 2 the accuracy of the report. 3 2. The report shall be accompanied by an annual reporting fee of three 4 thousand dollars. 5 3. The department shall submit a report regarding the implementation 6 of this title in this state to the governor and legislature by April 7 first, two thousand twenty-one and every two years thereafter. The 8 report must include, at a minimum, an evaluation of: 9 (a) the architectural paint stream in the state; 10 (b) disposal, recycling and reuse rates in the state for architectural 11 paint; 12 (c) a discussion of compliance and enforcement related to the require- 13 ments of this title; and 14 (d) recommendations for any changes to this title. 15 § 27-2017. Collective participation. 16 A producer may satisfy the requirements of this article by agreeing to 17 participate in a collective acceptance program with any other producer 18 or producers. Any such collective acceptance program must meet the same 19 requirements as an individual producer. Any collective acceptance 20 program must include a list of producers that are participating in such 21 program along with other identifying information as may be required by 22 the department. Such program shall submit a registration to the depart- 23 ment along with a registration fee of ten thousand dollars. 24 § 3. This act shall take effect immediately.
