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SENATE BILL 1185

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S1185  by FINANCE COMMITTEE
APPROPRIATIONS – HEALTH AND WELFARE – MEDICAID – Relates to the appropriation to the Department of Health and Welfare for fiscal year 2022.
  03/15 Introduced; read first time; referred to JR for Printing 
  03/16 Reported Printed; referred to Finance 
  Reported out of Committee with Do Pass Recommendation; Filed for second reading 
  03/17 Read second time; filed for Third Reading 
  03/18 Read third time in full – PASSED - 29-6-0
AYES – Agenbroad, Anthon, Bair, Burgoyne, Burtenshaw, Cook, Crabtree, Grow, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Lent, Lodge, Martin, Nelson, Nye, Patrick, Rabe, Rice, Riggs, Souza, Stennett, Ward-Engelking, Winder, Wintrow, Woodward
NAYS – Bayer, Den Hartog, Ricks, Thayn, Vick, Zito
Absent and excused – None
Floor Sponsor - Agenbroad
Title apvd - to House
 
  04/06 Received from the Senate, Filed for First Reading 
  Read First Time, Filed for Second Reading 
  04/07 Read second time; Filed for Third Reading 
  04/08 U.C. to hold place on third reading calendar one legislative day 
  04/09 U.C. to hold place on third reading calendar until Monday, April 12, 2021 
  04/12 U.C. to hold place on third reading calendar one legislative day 
  04/13 U.C. to hold place on third reading calendar one legislative day 
  04/14 U.C. to hold place on third reading calendar one legislative day 
  04/15 U.C. to hold place on third reading calendar one legislative day 
  04/16 U.C. to hold place on third reading calendar until Monday, April 19, 2021 
  04/19 U.C. to hold place on third reading calendar one legislative day 
  04/20 U.C. to hold place on third reading calendar one legislative day 
  04/21 U.C. to hold place on third reading calendar one legislative day 
  04/22 U.C. to hold place on third reading calendar one legislative day 
  04/23 U.C. to hold place on third reading calendar until Monday, April 26, 2021 
  04/26 U.C. to hold place on third reading calendar one legislative day 
  04/27 Read Third Time in Full – Previously Read in Full – PASSED - 36-34-0
AYES – Addis, Amador, Berch, Blanksma, Bundy, Chaney, Chew, Clow, Davis(Burns), Erickson, Furniss, Gannon, Gibbs, Green(Morales), Hartgen, Horman, Kauffman, Kingsley, Lickley, Manwaring, Marshall, Mathias, McCrostie, Mitchell, Moyle, Nash, Necochea, Rubel, Ruchti, Syme, Toone, Troy, Wood, Yamamoto, Youngblood, Mr. Speaker
NAYS – Adams, Andrus, Armstrong, Barbieri, Boyle, Cannon, Christensen, Crane, DeMordaunt, Dixon, Ehardt, Ferch, Galloway, Gestrin, Giddings, Hanks, Harris, Holtzclaw, Kerby, Mendive, Monks, Moon, Nate, Nichols, Okuniewicz, Palmer, Scott, Shepherd, Skaug, Vander Woude, von Ehlinger, Weber, Wisniewski, Young
Absent – None
Floor Sponsor - Amador
Title apvd - to Senate
 
  04/30 Returned From House Passed; referred to enrolling 
  05/03 Reported enrolled; signed by President; to House for signature of Speaker 
  Received from Senate; Signed by Speaker; Returned to Senate 
  05/04 Reported signed by the Speaker & ordered delivered to Governor 
  Reported delivered to Governor at 12:52 p.m. on 05/04/21 
  05/05 Signed by Governor on 05/05/21
    Session Law Chapter 303
    Effective: 07/01/2021
 
Sours: https://legislature.idaho.gov/sessioninfo/2021/legislation/S1185/

24900.
 (a) A law enforcement agency, as defined in subdivision (d), shall (c), shall, by January 1, 2020, adopt a written procedure to account for all firearms that are owned, acquired, maintained, sold, loaned, lost, stolen, stolen from, or in any way possessed by that agency, or by an employee of that agency that are used or carried for purposes of carrying out the official duties of his or her employment. agency. The procedure shall, at a minimum, include all of the following:

(1) The maintenance and accurate written accounting inventory of all agency firearms and also firearms used or carried by an employee within the course of his or her employment that are not owned by the agency, firearms, including a method for updating the written accounting inventory on a regular basis as firearms are destroyed, acquired, sold, loaned, lost, or stolen.

(2) Reconciliation of the written accounting inventory required by paragraph (1) and firearms that are in possession of the agency or its employees, or both. agency. The reconciliation shall occur no less than once every year.

(3) A requirement that agency employees report to the agency those lost or stolen firearms owned by the agency, or used or carried by an employee within the course of his or her employment that are not owned by the agency, within five days of the date they know or reasonably should have known that the firearms were lost or stolen. This report shall satisfy the reporting requirement in subdivision (a) of Section 25255.

(4) A process for disciplining agency employees who fail to report lost or stolen firearms that is consistent with current disciplinary procedures.

(b)A law enforcement agency shall have adopted, and shall be in compliance with, the written procedure described in subdivision (a) by the following date:

(1)For a law enforcement agency that employs fewer than 1,000 peace officers, by no later than July 1, 2019.

(2)For a law enforcement agency that employs 1,000 or more peace officers, by no later than January 1, 2020.

(c)

(b) Within 10 days of the date that a firearm that is owned, acquired, maintained, or in any way possessed by that agency, or owned, acquired, maintained, or in any way possessed by an employee of that agency and used by that employee in carrying out his or her duties, is lost, stolen, or otherwise disposed of by the law enforcement agency, or by an employee of the law enforcement agency, a record of that disposition shall be entered into the AFS via the CLETS by the law enforcement agency. An agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via the system.

(d)

(c) For purposes of this section, the following definitions apply:

(1) “Law enforcement agency” means every district attorney, municipal police department, sheriff’s department, district attorney’s office, county probation department, and social services agency, the Department of Justice, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, the police department of any campus of the University of California, the California State University, or community college, and every agency of a school, port, harbor, or transit district.

(2) “Firearm” has the same meaning as used in Section 16520.

Sours: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1185
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Bill Information

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An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for Pennsylvania Housing Tax Credit.

Re-referred to APPROPRIATIONS, Oct. 3, 2018 [Senate]

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Sours: https://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2017&sInd=0&body=S&type=B&bn=1185
Senator Moorlach presents Senate Bill 1185

(1) Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources.

Existing law establishes one or more hearing boards with a specified membership in each air district for the purposes of performing specified functions, including, among others, issuing specified emergency variances without notice or a hearing.

This bill would require a facility permittee applying for an emergency variance with an air district hearing board to demonstrate that the permitted emergency backup generator is using the cleanest, feasible, available backup power source sufficient to meet the facility’s electrical service demand during a deenergization event, as specified. By expanding the information required for an air district hearing board to review when issuing this type of emergency variance, the bill would impose a state-mandated local program.

This bill would authorize an air district to adopt, or revise, a rule to specify that hours for usage due to the loss of normal electrical service during a deenergization event, as defined, by a permitted natural-gas-powered emergency backup generator that is either federally compliant, as defined, or state board designated are prohibited from counting toward that permit’s conditions for usage.

(2) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Electrical cooperatives are subject to the regulatory authority of the commission, except as specified. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires each local publicly owned electric utility and electrical cooperative to annually prepare a wildfire mitigation plan and to verify that the wildfire mitigation plan complies with all applicable rules, regulations, and standards, as appropriate. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications infrastructure. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of a potential deenergization event. Existing law requires that an electrical cooperative and a local publicly owned electric utility consider these matters when developing and implementing a wildfire mitigation plan.

If an electrical corporation, electrical cooperative, or local publicly owned electric utility has undertaken a deenergization event during a calendar year, this bill would require the electrical corporation, electrical cooperative, or local publicly owned electric utility, by January 30 of the following calendar year, to submit a report with specified information to each air district affected by the deenergization event and to the state board.

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because this bill would require action by the commission to implement its requirements, and a violation of that action by an electrical corporation or electrical cooperative would be a crime, the bill would impose a state-mandated local program by creating a new crime. By requiring local publicly owned electric utilities to report matters to air districts the bill would impose a state-mandated local program.

(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(4)

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Sours: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB1185

1185 sb

Bill Subjects

Emergency Backup Generators: Operation During Deenergization Events.

Abstract

(1) Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. This bill would authorize an air district to adopt, or revise, a rule to specify that hours for usage due to the loss of normal electrical service during a deenergization event, as defined, by a permitted natural-gas-powered emergency backup generator that is either federally compliant, as defined, or state board designated are prohibited from counting toward that permit's conditions for usage. (2) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Electrical cooperatives are subject to the regulatory authority of the commission, except as specified. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires each local publicly owned electric utility and electrical cooperative to annually prepare a wildfire mitigation plan and to verify that the wildfire mitigation plan complies with all applicable rules, regulations, and standards, as appropriate. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications infrastructure. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of a potential deenergization event. Existing law requires that an electrical cooperative and a local publicly owned electric utility consider these matters when developing and implementing a wildfire mitigation plan. If an electrical corporation, electrical cooperative, or local publicly owned electric utility has undertaken a deenergization event during a calendar year, this bill would require the electrical corporation, electrical cooperative, or local publicly owned electric utility, by January 30 of the following calendar year, to submit a report with specified information to each air district affected by the deenergization event and to the state board. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because this bill would require action by the commission to implement its requirements, and a violation of that action by an electrical corporation or electrical cooperative would be a crime, the bill would impose a state-mandated local program by creating a new crime. By requiring local publicly owned electric utilities to report matters to air districts the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Sponsors (1)

Votes


Actions


Jul 27, 2020

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on NAT. RES.

Jun 22, 2020

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 33. Noes 3. Page 3795.) Ordered to the Assembly.

Jun 09, 2020

Senate

Read second time. Ordered to third reading.

Jun 08, 2020

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

Jun 03, 2020

Senate

Set for hearing June 9.

May 29, 2020

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3622.) (May 29). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

May 26, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on EQ.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on EQ.

May 22, 2020

Senate

Set for hearing May 29.

May 12, 2020

Senate

Referral to Com. on E., U. & C. rescinded due to the shortened 2020 Legislative Calendar.

Apr 17, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on EQ.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on EQ.

Mar 18, 2020

Senate

April 1 hearing postponed by committee.

Mar 10, 2020

Senate

Set for hearing April 1.

Feb 21, 2020

Senate

From printer. May be acted upon on or after March 22.

Feb 20, 2020

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text VersionsFormat
SB1185HTML
02/20/20 - IntroducedPDF
04/17/20 - Amended SenatePDF
05/26/20 - Amended SenatePDF
07/27/20 - Amended AssemblyPDF

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Sources

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Sours: https://openstates.org/ca/bills/20192020/SB1185/
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S T A T E O F N E W Y O R K ________________________________________________________________________ 1185--A 2021-2022 Regular Sessions I N S E N A T E January 8, 2021 ___________ Introduced by Sens. KAMINSKY, HINCHEY, COMRIE, HOYLMAN, JACKSON, KAPLAN, KRUEGER, LIU, MAY, RAMOS, REICHLIN-MELNICK, SERRANO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the environmental conservation law, in relation to establishing the extended producer responsibility act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds the weight of waste generated in New York is a threat to the environment. The legisla- ture further finds and declares that it is in the public interest of the state of New York for covered material and product producers to under- take the responsibility for the development and implementation of strat- egies to promote recycling, reuse and recovery of covered material and products through investments in the end-of-product-life management of products, printed paper, and product packaging. § 2. Article 27 of the environmental conservation law is amended by adding a new title 33 to read as follows: TITLE 33 EXTENDED PRODUCER RESPONSIBILITY ACT SECTION 27-3301. DEFINITIONS. 27-3303. PRODUCER RESPONSIBILITIES. 27-3305. FUNDING MECHANISM. 27-3307. PRODUCER RESPONSIBILITY PLAN. 27-3309. PRODUCER RESPONSIBILITY PLAN APPROVAL. 27-3311. COLLECTION AND CONVENIENCE. 27-3313. OUTREACH AND EDUCATION. 27-3315. REPORTING REQUIREMENTS AND AUDITS. 27-3317. ANTITRUST PROTECTIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD01205-02-1 S. 1185--A 2 27-3319. PENALTIES. 27-3321. STATE PREEMPTION. 27-3323. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. 27-3325. SEVERABILITY. § 27-3301. DEFINITIONS. 1. "COVERED MATERIALS AND PRODUCTS" SHALL MEAN ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF RECYCLABILITY OR COMPOSTABILITY, THAT INCLUDES MATERIAL THAT IS USED FOR THE CONTAINMENT, PROTECTION, HANDL- ING, DELIVERY, AND PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION. COVERED MATERIALS AND PRODUCTS INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING CLASSES OF MATERIALS: (A) CONTAINERS AND PACKAGING: THIS CLASS INCLUDES ALL FLEXIBLE FOAM OR RIGID MATERIAL, INCLUDING BUT NOT LIMITED TO PAPER, CARTON, PLASTIC, GLASS, OR METAL, AND ANY COMBINATION OF SUCH MATERIALS THAT: (I) IS USED TO CONTAIN, PROTECT, WRAP OR PRESENT PRODUCTS AT ANY STAGE IN THE MOVEMENT OF THE PRODUCT FROM THE RESPONSIBLE PARTY TO THE ULTI- MATE USER OR CONSUMER, INCLUDING TERTIARY PACKAGING USED FOR TRANSPORTA- TION OR DISTRIBUTION DIRECTLY TO A CONSUMER; (II) IS INTENDED FOR A SINGLE OR SHORT-TERM USE AND DESIGNED TO CONTAIN, PROTECT OR WRAP PRODUCTS, INCLUDING SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET; OR (III) DOES NOT INCLUDE PACKAGING USED FOR THE LONG-TERM PROTECTION OR STORAGE OF A PRODUCT OR WITH A LIFE OF NOT LESS THAN FIVE YEARS. (B) PAPER PRODUCTS: THIS CLASS INCLUDES: (I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOOKS, AND MATERIALS IN THE NEWSPA- PERS CLASS OF MATERIALS; (II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY TO THE ULTIMATE CONSUMER OR RECIPIENT; (III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: (1) FLYERS; (2) BROCHURES; (3) BOOKLETS; (4) CATALOGS; (5) TELEPHONE DIRECTORIES; (6) NEWSPAPERS; (7) MAGAZINES; (8) PAPER FIBER; AND (9) PAPER USED FOR WRITING OR ANY OTHER PURPOSE. (C) PLASTICS: THIS CLASS INCLUDES ANY PLASTIC AS DETERMINED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO: (I) RIGID PLASTICS: (1) POLYETHYLENE TEREPHTHALATE (PET); (2) POLYETHYLENE (PE); (3) POLYVINYL CHLORIDE (PVC); (4) POLYPROPYLENE (PP); (5) POLYSTYRENE (PS); (6) POLY COATED FIBER; (7) MULTI-LAYERED PLASTICS; (8) OTHER (BPA, COMPOSTABLE PLASTICS, POLYCARBONATE AND LEXAN); (II) FLEXIBLE PLASTICS: (1) POLYETHYLENE (PE); (2) POLYVINYL CHLORIDE (PVC); (3) POLYPROPYLENE (PP); (4) POLY COATED FIBER; S. 1185--A 3 (5) MULTI-LAYERED PLASTICS; (6) OTHER (BPA, COMPOSTABLE PLASTICS, POLYCARBONATE AND LEXAN). (D) FOR THE PURPOSE OF THIS TITLE, THE PRODUCTS COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING: (I) PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE; (II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS; AND (III) BEVERAGE CONTAINERS AS DEFINED IN SECTION 27-1003 OF THIS ARTI- CLE. 2. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES SINGLE AND MULTI-FAMILY RESIDENTIAL UNITS, SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS THAT IS OPERATED BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE MUNICIPALITY, PRIVATE ENTITY, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS. 3. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT MADE OF RECYCLED MATERIALS DERIVED FROM POST-CONSUMER RECYCLED MATERIALS OR FEEDSTOCK. 4. "PRODUCER" MEANS: (A) THE PERSON WHO MANUFACTURES THE COVERED MATE- RIAL OR PRODUCT UNDER SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE THE COVERED MATERIAL OR PRODUCT IN THE STATE; OR (B) THE PERSON WHO IMPORTS THE COVERED MATERIAL OR PRODUCT AS THE OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE COVERED MATE- RIAL OR PRODUCT IS SOLD OR DISTRIBUTED IN THE STATE; OR (C) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIBUTES THE COVERED MATERIAL OR PRODUCT IN THE STATE. A PRODUCER SHALL NOT INCLUDE A MUNICIPALITY OR A LOCAL GOVERNMENT PLANNING UNIT, OR A REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE ORGANIZATION. 5. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PRODUCER RESPONSIBIL- ITY PLAN, OR A REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE ORGANIZATION 6. "READILY-RECYCLABLE" MEANS PACKAGING THAT CAN BE SORTED BY ENTITIES PROCESSING RECYCLABLES FROM NEW YORK AND FOR WHICH, DURING THE PREVIOUS TWO CALENDAR YEARS, THERE WAS A CONSISTENT MARKET, MEANING RECYCLERS WERE WILLING TO ACCEPT SORTED MATERIAL AT THE DOOR OF THEIR FACILITIES. READILY-RECYCLABLE DOES NOT INCLUDE MATERIAL TYPES THAT RECYCLERS ACCEPT IN LOW QUANTITIES OR SORT OUT OF MATERIAL DURING ADDITIONAL PROCESSING STEPS; IF MATERIAL RECYCLERS DO NOT DESIRE A FULL BALE OF A SPECIFIC MATERIAL TYPE, THAT MATERIAL TYPE IS NOT READILY RECYCLABLE. READILY-RE- CYCLABLE ALSO DOES NOT INCLUDE MATERIALS THAT CONTAIN HARMFUL CHEMICAL, PHYSICAL, BIOLOGICAL, OR RADIOLOGICAL SUBSTANCES THAT POSE A THREAT TO HUMAN HEALTH OR THE ENVIRONMENT FOR ITS INTENDED OR LIKE MANNER OF USE. 7. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS, COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE PURPOSE OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE IN NEW PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY MEANS OF COMBUSTION, OR LANDFILL DISPOSAL OF DISCARDED COVERED PRODUCTS OR DISCARDED PRODUCT COMPONENT MATERIALS. 8. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS TITLE, AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED COVERED PRODUCTS COLLECTED AND RECYCLED OR REUSED BY THE TOTAL AMOUNT OF DISCARDED COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR. S. 1185--A 4 9. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS ORIGINAL PURPOSE. 10. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE A PRODUCT TO A CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO BE DELIVERED TO A CONSUMER IN THE STATE. § 27-3303. PRODUCER RESPONSIBILITIES. 1. WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE COVERED MATERIALS OR PRODUCTS FOR USE IN NEW YORK UNLESS THE PRODUCER, OR A PRODUCER RESPON- SIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, HAS A PRODUCER RESPONSIBILITY PLAN APPROVED BY THE DEPARTMENT. PRODUCERS MAY SATISFY PARTICIPATION OBLIGATIONS INDIVIDUALLY OR JOINTLY WITH OTHER PRODUCERS OR THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION. 2. WITHIN ONE YEAR AFTER THE DEPARTMENT APPROVES A PRODUCER RESPONSI- BILITY PLAN, PRODUCERS SHALL BE REQUIRED TO MEET THE MINIMUM POST-CON- SUMER RECYCLED MATERIAL CONTENT RATE AND MINIMUM RECYCLING RATE FOR A COVERED MATERIAL OR PRODUCT AS APPROVED BY THE DEPARTMENT IN THE PRODUC- ER RESPONSIBILITY PLAN. 3. A PRODUCER SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE IF THE PRODUCER: (A) GENERATES LESS THAN ONE MILLION DOLLARS IN ANNUAL REVENUES; (B) GENERATES LESS THAN ONE TON OF COVERED MATERIALS OR PRODUCTS SUPPLIED TO NEW YORK STATE RESIDENTS PER YEAR; OR (C) OPERATES AS A SINGLE POINT OF RETAIL SALE AND IS NOT SUPPLIED OR OPERATED AS PART OF A FRANCHISE. 4. RETAILERS THAT ARE NOT PRODUCERS ARE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE. 5. PRODUCERS MAY COMPLY INDIVIDUALLY OR MAY FORM A PRODUCER RESPONSI- BILITY ORGANIZATION AND DISCHARGE THEIR RESPONSIBILITIES TO SUCH ORGAN- IZATION. § 27-3305. FUNDING MECHANISM. 1. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR AGENT SHALL ESTABLISH PROGRAM PARTICIPATION CHARGES, SUCH AS THROUGH THE USE OF ECO-MODULATED FEES, FOR PRODUCERS THROUGH THE PRODUCER RESPONSI- BILITY PLAN PURSUANT TO SECTION 27-3307 OF THIS TITLE WHICH SHALL BE SUFFICIENT TO COVER ALL PROGRAM COSTS. 2. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL STRUCTURE PROGRAM CHARGES TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES, TO REWARD WASTE REDUCTION AND RECYCLING COMPATIBILITY INNOVATIONS AND PRACTICES, AND TO DISCOURAGE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PRODUCTS. THE PRODUCER RESPONSIBILITY ORGANIZATION MAY ADJUST CHARGES TO BE PAID BY PARTICIPATING PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, CHARGES SHALL BE VARIABLE BASED ON: (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER LEVEL OF CONSUMER SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVIOUS RECYCLING COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION OR AS CONVENIENT AS THE PREVIOUS REFUSE COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION SHOULD RECYCLING COLLECTION NOT BE PROVIDED; (B) COSTS TO PROCESS A PRODUCER'S COVERED MATERIALS OR PRODUCTS FOR ACCEPTANCE BY SECONDARY MATERIAL MARKETS; (C) WHETHER THE COVERED MATERIAL OR PRODUCT WOULD TYPICALLY BE READI- LY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN, THE PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT S. 1185--A 5 INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY METALS OR OTHER HAZARDOUS WASTE AS DEFINED BY THE DEPARTMENT IN REGULATIONS THAT WOULD CONTAMINATE THE RECYCLING PROCESS; (D) WHETHER THE COVERED MATERIALS OR PRODUCT ARE NONFOOD CONTACT CONTAINERS AND OTHER NONFOOD CONTACT PACKAGING THAT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE. 3. THE CHARGES SHALL BE ADJUSTED BASED UPON THE PERCENTAGE OF POST- CONSUMER RECYCLED MATERIAL CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT SHALL BE VERIFIED EITHER BY THE PRODUCER RESPONSIBILITY ORGANIZATION THROUGH AN INDEPENDENT THIRD PARTY APPROVED OR DESIGNATED BY THE DEPARTMENT TO PERFORM VERIFICATION SERVICES TO ENSURE THAT SUCH PERCENTAGE EXCEEDS THE MINIMUM REQUIREMENTS IN THE COVERED MATERIAL, AS LONG AS THE RECYCLED CONTENT DOES NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING. 4. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE FOR CALCULATING AND DISPERSING FUNDING FOR MUNICIPAL SERVICES UTILIZED BY A PRODUCER RESPONSIBILITY ORGANIZATION IF THE MUNICIPALITY ELECTS TO BE COMPENSATED BY THE PRODUCER RESPONSIBILITY ORGANIZATION IN THE RECOVERY, RECYCLING, AND PROCESSING OF COVERED MATERIALS, WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY BY THE MUNICIPALITY OR THROUGH A CONTRACTED SERVICE PROVIDER. THE PROGRAM FUNDING MECHANISM SHALL BE BASED ON THE COST OF RESIDENTIAL CURBSIDE COLLECTION, INCLUDING THE COST OF CURBSIDE CONTAINERS WHERE RELEVANT, AS WELL AS PROCESSING COST FOR EACH READILY- RECYCLABLE MATERIAL, COST OF HANDLING NON-READILY RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF A RECYCLING OPERATION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL TYPE, AND ANY OTHER COST FACTORS AS DETER- MINED BY THE DEPARTMENT. TO FACILITATE THE PRODUCER RESPONSIBILITY ORGANIZATION'S DETERMINATION OF THE COST OF RECYCLING, PARTICIPATING MUNICIPALITIES SHALL REPORT DATA RELATED TO THEIR COSTS AND THE VALUE OF MATERIALS TO THE PRODUCER RESPONSIBILITY ORGANIZATION. COST CALCU- LATIONS SHALL TAKE INTO CONSIDERATION REVENUE GENERATED FROM RECYCLABLE MATERIALS. 5. NO PRODUCER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS TO RECOUP THE COSTS OF MEETING PRODUCER OBLIGATIONS UNDER THIS TITLE. 6. NOTHING IN THIS TITLE SHALL REQUIRE A MUNICIPALITY TO PARTICIPATE IN A PRODUCER RESPONSIBILITY PROGRAM. 7. THE DEPARTMENT SHALL MAKE SUCH RULES AND REGULATIONS WHICH MAY BE NECESSARY FOR A PRODUCER RESPONSIBILITY ORGANIZATION TO DEVELOP AND MANAGE A FUNDING MECHANISM AND ACTIVITY-BASED COSTS. § 27-3307. PRODUCER RESPONSIBILITY PLAN. 1. PRODUCERS, OR A PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, SHALL DEVELOP AND SUBMIT A PRODUCER RESPONSIBIL- ITY PLAN TO THE DEPARTMENT NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE. SUCH PLAN SHALL BE FOR FIVE YEARS AND SHALL BE REVIEWED AND UPDATED EVERY FIVE YEARS FOLLOWING THE APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO THE FIVE YEAR PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM POST-CONSUMER RECYCLED MATE- RIAL CONTENT RATES, MINIMUM RECYCLING RATES, OR OTHER FACTORS OF THE PLAN ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER, OR PRODUCER RESPON- SIBILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT WARRANTS REVISION OF THE PLAN. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) CONTACT INFORMATION OF THE PRODUCER RESPONSIBILITY ORGANIZATION AND THE PRODUCER OR PRODUCERS COVERED UNDER THE PLAN; S. PRODUCERS OR THE PRODUCER RESPONSI- BILITY ORGANIZATION SHALL PROVIDE SUCH STAKEHOLDERS WITH AN OPPORTUNITY TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT. PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED BY STAKEHOLDERS AND SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE PLAN, AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH COMMENTS. (G) A PROPOSED MINIMUM POST-CONSUMER RECYCLED MATERIAL CONTENT RATE REQUIREMENT AND MINIMUM RECYCLING RATE FOR COVERED MATERIALS. 1185--A 7 (N) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRAC- TICES; (O) A DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE PACKAGING THROUGH PRODUCT DESIGN AND PROGRAM INNOVATIONS; (P) A DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL INVEST IN REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVELOPMENT IN THE STATE, INCLUDING, BUT NOT LIMITED TO, INSTALLING OR UPGRADING EQUIP- MENT TO IMPROVE SORTING OF COVERED PRODUCTS OR MITIGATING THE IMPACTS OF COVERED PRODUCTS TO OTHER COMMODITIES AT EXISTING SORTING AND PROCESSING FACILITIES, AND CAPITAL EXPENDITURES FOR NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES. (Q) A PROCESS TO ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND CONSUMERS; AND (R) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT THROUGH REGU- LATIONS. 2. THE DEPARTMENT SHALL PROMULGATE A REGISTRATION FEE SCHEDULE TO COVER ADMINISTRATIVE COSTS, INCLUDING A SCHEDULE FOR RE-EVALUATING THE FEE STRUCTURE ON AN ANNUAL BASIS. § 27-3309. PRODUCER RESPONSIBILITY PLAN APPROVAL. 1. NO LATER THAN NINETY DAYS AFTER THE SUBMISSION OF THE PRODUCER RESPONSIBILITY PLAN, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE PLAN. SUCH RATES SHALL TAKE INTO CONSIDERATION CURRENT STATE AND FEDERAL RATES; (E) THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVIOUS WASTE COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION. (F) THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI- TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE INTENT OF THIS TITLE. 2. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, SHALL IMPLEMENT THE S. 1185--A 8 APPROVED PLAN. THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY TIME. § 27-3311. COLLECTION AND CONVENIENCE. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR WIDESPREAD, CONVENIENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES FOR THE COVERED PRODUCTS IDENTIFIED UNDER THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S PLAN. A PRODUCER RESPONSIBILITY ORGANIZA- TION SHALL ENSURE SERVICES CONTINUE FOR ALL SINGLE AND MULTI-FAMILY RESIDENTIAL UNITS THAT A MUNICIPALITY SERVES AS OF THE EFFECTIVE DATE OF THIS ARTICLE, EITHER DIRECTLY OR THROUGH A CONTRACT TO PROVIDE SERVICES, AND THAT SUCH SERVICES ARE CONTINUED THROUGH THE PLAN. A PRODUCER RESPONSIBILITY ORGANIZATION MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS CATEGORIES OF COVERED MATERIALS OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, CURBSIDE COLLECTION, DEPOT DROP-OFF, AND RETAILER TAKE-BACK SO LONG AS COVERED MATERIALS AND PRODUCTS COLLECTION OPTIONS INCLUDE CURBSIDE OR MULTI-FAMILY RECYCLING COLLECTION SERVICES PROVIDED BY MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, OR OTHER APPROVED ENTITIES AS IDENTIFIED BY THE DEPARTMENT IF: 1. THE CATEGORY OF COVERED MATERIALS AND PRODUCTS IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED MATERIAL; 2. THE CATEGORY OF PAPER IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCL- ING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED MATERIAL; 3. THE RECYCLING FACILITY PROVIDING PROCESSING AND SORTING SERVICE AGREES TO INCLUDE THE CATEGORY OF COVERED MATERIALS AND PRODUCTS AS AN ACCEPTED MATERIAL; 4. THE COVERED MATERIALS AND PRODUCTS CATEGORY IS NOT HANDLED THROUGH A DEPOSIT AND RETURN SCHEME OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND 5. THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES TO THE PRODUCER RESPONSIBILITY ORGANIZATION SERVICE PROVIDER COSTS ARRANGEMENT. § 27-3313. OUTREACH AND EDUCATION. 1. THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, SHALL PROVIDE EFFECTIVE OUTREACH, EDUCATION, AND COMMUNICATIONS TO CONSUMERS THROUGHOUT NEW YORK STATE REGARDING: (A) PROPER END-OF-LIFE MANAGEMENT OF COVERED PRODUCTS AND MATERIALS; (B) THE LOCATION AND AVAILABILITY OF CURBSIDE AND DROP-OFF COLLECTION OPPORTUNITIES; (C) HOW TO PREVENT LITTER OF COVERED PRODUCTS MATERIALS; AND (D) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE- WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY ACCES- SIBLE. 2. THE OUTREACH AND EDUCATION REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL: (A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF COVERED PRODUCTS UNDER THIS TITLE, INCLUDING THE PREVENTION OF CONTAMINATION OF COVERED PRODUCTS; (B) INCORPORATE, AT A MINIMUM, ELECTRONIC, PRINT, WEB-BASED, AND SOCIAL MEDIA ELEMENTS THAT MUNICIPALITIES COULD UTILIZE AT THEIR DISCRETION; (C) BE COORDINATED ACROSS PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; S. 1185--A 9 (D) INCLUDE, AT A MINIMUM: CONSULTING ON EDUCATION, OUTREACH, AND COMMUNICATIONS WITH LOCAL GOVERNMENTS AND OTHER STAKEHOLDERS; COORDINAT- ING WITH AND ASSISTING LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES; AND DEVELOPING AND PROVIDING OUTREACH AND EDUCATION TO THE DIVERSE ETHNIC POPULATIONS IN THE STATE; AND (E) A PLAN TO WORK WITH PARTICIPATING PRODUCERS TO LABEL COVERED PRODUCTS WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS. 3. THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL CONSULT WITH MUNICIPALITIES ON THE DEVELOPMENT OF EDUCATIONAL MATERIALS AND MAY COORDINATE WITH MUNICIPALITIES ON OUTREACH AND COMMUNICATION. 4. THE DEPARTMENT SHALL DETERMINE THE EFFECTIVENESS OF OUTREACH AND EDUCATION EFFORTS UNDER THIS SECTION TO DETERMINE WHETHER CHANGES ARE NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION EFFORTS AND DEVELOP INFORMATION THAT MAY BE USED TO IMPROVE OUTREACH AND EDUCATION EFFORTS UNDER THIS SECTION. 5. THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE OUTREACH, EDUCATION, AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR EXCEEDING THE MINIMUM POST-CONSUMER CONTENT AND RECOVERY RATES. § 27-3315. REPORTING REQUIREMENTS AND AUDITS. 1. ON OR BEFORE ONE YEAR AFTER A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S FIRST PLAN IS APPROVED, AND ANNUALLY THEREAFTER, EACH PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIG- NATED AGENT, SHALL SUBMIT A REPORT TO THE COMMISSIONER THAT DETAILS THE PROGRAM FOR THE PRIOR YEAR'S PROGRAM. THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND ON THE WEBSITE OF THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT. 1185--A 10 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND (K) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVELOPMENT. 2. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN- TIAL INFORMATION THAT THE DEPARTMENT FINDS TO BE PROTECTED PROPRIETARY INFORMATION. FOR PURPOSES OF THIS TITLE, PROTECTED PROPRIETARY INFORMA- TION SHALL MEAN INFORMATION THAT, IF MADE PUBLIC, WOULD DIVULGE COMPET- ITIVE BUSINESS INFORMATION, METHODS OR PROCESSES ENTITLED TO PROTECTION AS TRADE SECRETS OF SUCH PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA- TION OR INFORMATION THAT WOULD REASONABLY HINDER THE PRODUCER OR PRODUC- ER RESPONSIBILITY ORGANIZATION'S COMPETITIVE ADVANTAGE IN THE MARKET- PLACE. § 27-3317. ANTITRUST PROTECTIONS. A PRODUCER RESPONSIBILITY ORGANIZATION, INCLUDING OFFICERS, MEMBERS, EMPLOYEES AND AGENTS THEREOF, SHALL BE IMMUNE FROM LIABILITY FOR CONDUCT UNDER STATE LAWS RELATING TO ANTITRUST, RESTRAINT OF TRADE, UNFAIR TRADE PRACTICES, AND OTHER REGULATION OF TRADE OR COMMERCE ONLY TO THE EXTENT NECESSARY TO PLAN AND IMPLEMENT COMPLIANCE WITH THIS SECTION. § 27-3319. PENALTIES. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION- ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. 2. (A) ANY PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION, THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION, THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWENTY THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. (B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA- TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE SEVENTY-ONE OF THIS CHAPTER. 3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART- MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM S. 1185--A 11 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL DENIED. 4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW. § 27-3321. STATE PREEMPTION. § 27-3323. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE COMMISSIONER SHALL HAVE THE POWER TO PROMULGATE RULES AND REGU- LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE. § 27-3325. SEVERABILITY. THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Sours: https://www.nysenate.gov/legislation/bills/2021/s1185

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