§ 27-2003. Postconsumer paint collection program.\n 1. No later than July first, two thousand twenty, a producer, either\nindividually or cooperatively, or a representative organization shall\nsubmit to the department for the department's approval a plan for the\nestablishment of a postconsumer paint collection program. Such plan\nshall be accompanied by a fee of five thousand dollars for an individual\nproducer or, in the case of a representative organization or producers\nacting collectively, a fee of ten thousand dollars. The program will\nminimize public sector involvement in the management of postconsumer\npaint by reducing its generation, promoting its reuse and recycling and\nnegotiating and executing agreements to collect, transport, reuse,\nrecycle and properly dispose of postcon
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§ 27-2003. Postconsumer paint collection program.\n 1. No later than July first, two thousand twenty, a producer, either\nindividually or cooperatively, or a representative organization shall\nsubmit to the department for the department's approval a plan for the\nestablishment of a postconsumer paint collection program. Such plan\nshall be accompanied by a fee of five thousand dollars for an individual\nproducer or, in the case of a representative organization or producers\nacting collectively, a fee of ten thousand dollars. The program will\nminimize public sector involvement in the management of postconsumer\npaint by reducing its generation, promoting its reuse and recycling and\nnegotiating and executing agreements to collect, transport, reuse,\nrecycle and properly dispose of postconsumer paint using environmentally\nsound management practices.\n 2. A producer may satisfy the postconsumer paint collection program\nrequirement of this section by agreeing to participate collectively with\nother producers. Any such collective postconsumer paint collection\nprogram shall meet the same requirements as an individual producer. Such\nprogram shall submit a registration to the department along with a\nregistration fee of ten thousand dollars.\n 3. The plan submitted by the producer or representative organization\nto the department under this section shall:\n (a) provide a list of each participating producer and brands covered\nby the program.\n (b) provide information on the architectural paint products covered\nunder the program.\n (c) describe how the producer or representative organization will\ncollect, transport, recycle, and process postconsumer paint for\nend-of-life management, including recycling and disposal, using\nenvironmentally sound management practices.\n (d) describe how it will provide for convenient and cost-effective\nstatewide collection of postconsumer paint in the state. The producer or\nrepresentative organization may coordinate the program with existing\nmunicipal waste collection infrastructure as is mutually agreeable. A\npaint retailer may participate, on a voluntary basis, as a paint\ncollection site if the paint retailer volunteers to act as such and\ncomplies with all applicable laws and regulations.\n (e) provide geographic modeling to determine the number and\ndistribution of sites for collection of postconsumer paint based on the\nfollowing criteria (i) at least ninety percent of New York residents\nshall have a collection site within a fifteen mile radius; and (ii) one\nadditional collection site will be established for every fifty thousand\nresidents of an urbanized area (as defined by the United States Census\nBureau), unless the producer is a small business taxpayer as defined in\nparagraph (f) of subdivision one of section two hundred ten of the tax\nlaw or unless otherwise approved by the commissioner.\n (f) describe the intended treatment, storage, transportation and\ndisposal options and methods for the collection of postconsumer paint.\nThe management of paint under the program shall promote reuse and\nrecycling.\n (g) describe in detail education and outreach efforts to inform\nconsumers and retailers about the program. These materials should\ninclude (i) information about collection opportunities for postconsumer\npaint; (ii) information about the charge for the operation of the\nprogram that shall be included by the producer in the price charged to\nthe retailer of all architectural paint sold in the state; and (iii)\nefforts to promote the source reduction, reuse, and recycling of\narchitectural paint.\n (h) set forth the process by which an independent financial auditor\nwill be selected and identify the criteria used by the producer or\nrepresentative organization in selecting an independent auditor.\n (i) identify, in detail, the operational plans for interacting with\nretailers on the proper handling and management of postconsumer paint.\n (j) include the targeted annual collection rate.\n (k) be reviewed by an independent financial auditor to assure that any\nadded cost to paint sold in the state as a result of the postconsumer\npaint collection program does not exceed the costs of the program. The\nindependent auditor shall verify that the amount added to each unit of\npaint will cover the costs of the postconsumer paint collection program.\n 4. The independent financial auditor may be selected by the department\nand the department shall review the work product of any such independent\nauditor. The department may terminate the services of any such\nindependent auditor. The cost of any work performed by such independent\nauditor shall be funded by the program.\n 5. The department shall approve or reject a plan submitted under this\nsection within sixty days of submission and, if rejected, inform the\nproducer or representative organization in writing as to any\ndeficiencies in said plan. A producer or representative organization\nshall amend and resubmit any rejected plans for reconsideration within\nsixty days of notification of the rejection of said plan. The department\nshall approve or reject said plan within thirty days of resubmission.\n 6. Beginning not later than January first, two thousand twenty-one or\nsix months after the plan is approved under subdivision five of this\nsection, whichever occurs later, the producer or representative\norganization shall implement the postconsumer paint collection program\nutilizing collection sites established pursuant to paragraph (e) of\nsubdivision three of this section.\n 7. Not later than the implementation date of the program, information\nregarding the approved plan, the names of participating producers, and\nthe brands of architectural paint covered by the program shall be posted\non the department's website and on the website of the producer and\nrepresentative organization.\n 8. Upon implementation of the program, each producer shall include in\nthe price of any architectural paint sold to retailers and distributors\nin the state the per container amount in the approved program plan. A\nretailer or distributor shall not deduct this amount from the purchase\nprice.\n 9. A producer or retailer shall not sell, or offer for sale,\narchitectural paint to any person in the state unless the producer and\nthe producer's brands are registered with the department pursuant to\nsection 27-2003 of this title on and after the date of implementation of\nthe postconsumer paint collection program.\n 10. (a) A retailer shall be in compliance with this section if, on the\ndate the architectural paint was offered for sale, the producer is\nlisted on the department's website as implementing or participating in\nan approved program or if the paint brand is listed on the department's\nwebsite as being included in the program.\n (b) A paint collection site authorized under the provisions of this\nsection shall not charge any additional amount for the disposal of paint\nwhen it is offered for disposal.\n 11. (a) A producer or the representative organization that organizes\nthe collection, transport and processing of postconsumer paint, in an\naction solely to increase the recycling of architectural paint by a\nproducer, representative organization, or retailer that affects the\ntypes and quantities being recycled or the cost and structure of any\nreturn program shall not be liable for any claim of a violation of\nantitrust, restraint of trade or unfair trade practice arising from\nconduct undertaken in accordance with the program pursuant to this\nsection.\n (b) Provided however, paragraph (a) of this subdivision shall not\napply to any agreement establishing or affecting the price of paint\nexcept for the postconsumer paint collection assessment or the output or\nproduction of paint or any agreement restricting the geographic area or\ncustomers to which paint will be sold.\n 12. The operator of the postconsumer paint collection program shall\nupdate the plan, as needed, when there are changes proposed to the\ncurrent program. A new plan or amendment will be required to be\nsubmitted to the department for approval when:\n (a) there is an addition to the products covered under the program; or\n (b) there is a revision of the program's goals; or\n (c) every four years from the date of approval of a previous plan.\n The operator of the postconsumer paint collection program shall notify\nthe department annually, in writing, if there are no changes proposed to\nthe program and the producer or representative organization intends to\ncontinue implementation of the program as previously approved by the\ndepartment.\n 13. Any person who becomes a producer after July first, two thousand\ntwenty shall submit a plan to the department prior to selling or\noffering for sale in the state any architectural paint, and must comply\nwith the requirements of this title.\n