§ 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 ann
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