N.Y. Environmental Conservation Law 27-2005 – Reporting requirements
§ 27-2005. Reporting requirements.
Terms Used In N.Y. Environmental Conservation Law 27-2005
- architectural paint: means interior and exterior architectural coatings sold in containers of five gallons or less; provided, however, that "architectural paint" shall not include industrial, original equipment or specialty coatings. See N.Y. Environmental Conservation Law 27-2001
- commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 27-2001
- department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 27-2001
- postconsumer paint: means architectural paint not used and no longer wanted by a consumer. See N.Y. Environmental Conservation Law 27-2001
- producer: means a manufacturer of architectural paint who sells, offers for sale or distributes the architectural paint in the state. See N.Y. Environmental Conservation Law 27-2001
- program: means the postconsumer paint collection program established pursuant to section 27-2003 of this title. See N.Y. Environmental Conservation Law 27-2001
- recycling: means a process by which discarded products, components and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity. See N.Y. Environmental Conservation Law 27-2001
- representative organization: means a not-for-profit organization established by producers to implement the postconsumer paint collection program. See N.Y. Environmental Conservation Law 27-2001
- Reuse: means the return of a product into the economic stream for use in the same kind of application as the product was originally intended to be used, without a change in the product's identity. See N.Y. Environmental Conservation Law 27-2001
1. On or before October fifteenth, two thousand twenty-one, and annually thereafter, each operator of a program shall submit a report to the commissioner that details the postconsumer paint collection program for the prior year's program from July first to June thirtieth. The report shall be posted on the department's website. The report shall be posted on the website of the producer and representative organization. Said report shall include a copy of the independent audit detailed in paragraph (d) of this subdivision. Such annual report shall include:
(a) a detailed description of the methods used to collect, transport and process postconsumer paint in the state including detailing collection methods made available to consumers and an evaluation of the program's collection convenience;
(b) the overall volume of postconsumer paint collected in the state;
(c) the volume and type of postconsumer paint collected in the state by method of disposition, including reuse, recycling and other methods of processing or disposal;
(d) the total cost of implementing the program, as determined by an independent financial audit, as performed by an independent auditor;
(e) samples of all educational materials provided to consumers of architectural paint and retailers; and
(f) a detailed list of efforts undertaken and an evaluation of the methods used to disseminate such materials including recommendations, if any, for how the educational component of the program can be improved.
2. The department shall submit a report regarding the implementation of this title in this state to the governor and legislature by April first, two thousand twenty-two and every two years thereafter. The report must include, at a minimum, an evaluation of:
(a) the architectural and postconsumer paint stream in the state;
(b) disposal, recycling and reuse rates in the state for architectural paint;
(c) a discussion of compliance and enforcement related to the requirements of this title; and
(d) recommendations for any changes to this title.