1. Meeting Agenda 1.I. March 17, 2025 | Agenda/Active Calendar - Amended 0310 Documents: 25 AGENDA-ACTIVE CALENDAR 0317 - AMENDED 0310.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. March 17, 2025 | Supporting Legislation - Amended 0310 Documents: 250317 SUPPORTING LEGISLATION - AMENDED 0310.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. March 17, 2025 | Active Legislation - Amended 0310 Documents: 250317 ACTIVE LEGISLATION - AMENDED 0310.PDF 4. Majority Consent (MC) 5. Supporting Document 5.I. March 17, 2025 | Senate Bill 237 (Bigger Better Bottle) Documents: SENATE BILL 237 - BIGGER BETTER BOTTLE (ORIGINAL).PDF 5.II. March 17, 2025 | Senate Bill 4246A (Packaging Reduction And Recycling Infrastructure) Documents: SENATE BILL 4246A - PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT.PDF 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, March 17, 2025 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held remotely and in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12:00 noon on the day of the meeting or provided in-person immediately prior to the meeting. Members of the public who wish to provide public comment remotely are asked to submit the public comment request through the public comment form on the Common Council webpage. All comments are memorialized on our Facebook page, website, and are subject to ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment (Revised 3/10/2025) Page 1 of 10 NOTICE OF PUBLIC HEARING Notice is hereby given that a Common Council Public Hearing will be held on March 17, 2025 at 7:00PM and will be held in advance of the potential passage of the following ordinance. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matters: ORDINANCE 65.111.24,, Sponsored by Council Member Balarin AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS Documents may be inspected between the hours of 8:30 AM and 5:00 PM, Monday through Friday, in the office of the Common Council, 24 Eagle St., Rm. 206, Albany, NY 12207. Efforts will also be made to make documents available for viewing online at: https://www.albanyny.gov/2187/Albany-Common-Council. This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the ordinance before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by March 17, 2025. Anyone wishing to be heard will have an opportunity to be heard at the above stated time and location. (Revised 3/10/2025) Page 2 of 10 Albany Common Council Active Calendar Monday, March 17, 2025 The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action. Legislation Prime Sponsor Subject Ordinances Held Flynn AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE 29.102.24 REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES Pending Discussion at the General Services, Health & Environment Committee Meeting on Tuesday, March 11, 2025 Ordinances Held Balarin AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED 65.111.24 SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO *As Amended* REQUIREMENTS FOR SIGNS⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ Resolutions Introduced Conti A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING 17.32.25R TRANSGENDER DAY OF VISIBILITY AND AFFIRMING ITS SUPPORT OF THE TRANS COMMUNITY Resolutions Introduced Anane A RESOLUTION OF THE COMMON COUNCIL URGING THE 18.32.25R NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN, THE BIGGER BETTER BOTTLE BILL (SENATE BILL 237-A/ ASSEMBLY BILL 6353) AND THE PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT (SENATE BILL 4246-A/ASSEMBLY BILL 5322-A) Resolutions Introduced Anane A RESOLUTION OF THE COMMON COUNCIL IN SUPPORT 19.32.25R OF THE EFFORTS OF THE PINE HILLS LAND AUTHORITY IN THEIR REDEVELOPMENT AND SALE OF THE FORMER COLLEGE OF SAINT ROSE CAMPUS (Revised 3/10/2025) Page 3 of 10 Local Laws Held 1 Johnson Local Law C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety | Discussed: 6/9/2022* 2 Balarin Local Law G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use | Discussed: 12/21/2022* 3 Romero Local Law I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to Joint Finance and Human Rights Committee | Discussed: 5/13/2024* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety | Discussed: 9/28/2022* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety | Discussed: 9/28/2022* 6 Kimbrough Local Law L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety | Discussed: 9/28/2022* 7 Adams Local Law F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 8 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* (Revised 3/10/2025) Page 4 of 10 9 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 10 Flynn Local Law G of 2024 A LOCAL LAW AMENDING SECTIONS 301 AND 403 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO THE DEPUTY MAYOR *Referred to Law, Buildings & Code Enforcement* 11 Robinson Local Law I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS *Referred to Human Resources & Human Rights* 12 Keegan Local Law J of 2024 A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF ENGINEERING AND POSITION OF COMMISSIONER OF THE DEPARTMENT OF ENGINEERING, AND PRESCRIBING THE DUTIES THEREOF *Referred to General Services, Health & Environment | Discussion: 3/11/2025* 13 Anane Local Law L of 2024 A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT *Referred to Law, Buildings & Code Enforcement* (Revised 3/10/2025) Page 5 of 10 Ordinances Held 1 Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings & Code Enforcement* 2 Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations & Ethics* 3 Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety* 4 Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement | Discussed: 6/26/2023* 5 Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights | Discussed: 9/14/2023* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Passed the General Services, Health & Environment Committee | Discussed: 7/31/2023* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation | Discussed: 9/18/2023* 9 Adams Ordinance 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 3/10/2025) Page 6 of 10 10 Romero Ordinance 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 11 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* 12 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 13 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 14 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 15 Flynn Ordinance 17.53.24 AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS), PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS), AND CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REVISING REQUIREMENTS FOR CABARET AND ACCESSORY ENTERTAINMENT *Referred to Planning, Economic Development & Land Use | Discussed: 11/19/2024* 16 Farrell Ordinance 18.61.24 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PILOT PROGRAM FOR STREET PERFORMERS *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 17 Romero Ordinance 20.62.24 AN ORDINANCE AMENDING SECTION 357-74 (“ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT SYSTEM”) OF CHAPTER 359 (“VEHICLES AND TRAFFIC”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MODIFYING THE BOUNDARIES OF THE RESIDENTIAL PARKING PERMIT SYSTEM *Referred to Planning, Economic Development & Land Use* 18 Frederick Ordinance 21.71.24 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRUCK PARKING RESTRICTIONS *Referred to Law, Buildings & Code Enforcement* (Revised 3/10/2025) Page 7 of 10 19 Keegan Ordinance 22.72.24 AN ORDINANCE AMENDING ARTICLE IX (PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE DEFINITIONS OF AGGRESSIVE SOLICITATION *Referred to Public Safety | Discussed: 1/28/2025* 20 Anane Ordinance 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE- UNIT DETACHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT *Passed the Planning, Economic Development & Land Use Committee | Discussed: 10/28/2024* 21 Farrell Ordinance 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 22 Farrell Ordinance 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW *Referred to Finance, Assessment and Taxation* 23 Kimbrough Ordinance 26.91.24 AN ORDINANCE AMENDING ARTICLE IIA (HONORARY STREET NAMINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING AND CLARIFYING HONORARY STREET NAMINGS BY ELECTED OFFICIALS *Referred to General Services, Health & Environment* 24 Flynn *Under Consideration* Ordinance 29.102.24 AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES *Referred to General Services, Health & Environment | Discussion: 3/11/2025* 25 Balarin *Under Consideration* Ordinance 65.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Passed the Planning, Economic Development & Land Use Committee | Discussed: 1/27/2025* 26 Anane Ordinance 68.121.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS *Referred to Planning, Economic Development & Land Use* 27 Conti Ordinance 1.22.25 AN ORDINANCE AMENDING ARTICLE VIII (RESIDENTIAL PARKING PERMIT SYSTEM) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING PERMIT PARKING ONLY SPACES IN KNOX ALLEY *Referred to Planning, Economic Development & Land Use* (Revised 3/10/2025) Page 8 of 10 Resolutions Introduced 1 Adams Resolution 15.32.25R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION TO PLACE PROPERTY OWNED BY PRAISE TABERNACLE CHURCH OF GOD ON THE EXEMPT PORTIONS OF THE 2021, 2022, AND 2023 ASSESSMENT ROLLS AND TO EXEMPT SUCH PROPERTY FROM TAXES BASED ON THOSE ROLLS 2 Love Resolution 16.32.25R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF WINNIE MAE EVERETT AND RENAMING A PORTION OF SHERIDAN AVENUE IN HER HONOR 3 Conti *Under Consideration* Resolution 17.32.25R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING TRANSGENDER DAY OF VISIBILITY AND AFFIRMING ITS SUPPORT OF THE TRANS COMMUNITY 4 Anane *Under Consideration* Resolution 18.32.25R A RESOLUTION OF THE COMMON COUNCIL URGING THE NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN, THE BIGGER BETTER BOTTLE BILL (SENATE BILL 237-A/ ASSEMBLY BILL 6353) AND THE PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT (SENATE BILL 4246-A/ASSEMBLY BILL 5322-A) 5 Anane *Under Consideration* Resolution 19.32.25R A RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE EFFORTS OF THE PINE HILLS LAND AUTHORITY IN THEIR REDEVELOPMENT AND SALE OF THE FORMER COLLEGE OF SAINT ROSE CAMPUS (Revised 3/10/2025) Page 9 of 10 Resolutions Held 1 Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation & Family Services* 2 Clarke Resolution 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee | Discussed: 2/15/2023* 3 Adams Resolution 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 4 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussed: 2/13/2024* 5 Frederick Resolution 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/23/2024* 6 Robinson Resolution 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* (Revised 3/10/2025) Page 10 of 10 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION MARCH 17, 2025 RESOLUTIONS 15.32.25R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION TO PLACE PROPERTY OWNED BY PRAISE TABERNACLE CHURCH OF GOD ON THE EXEMPT PORTIONS OF THE 2021, 2022, AND 2023 ASSESSMENT ROLLS AND TO EXEMPT SUCH PROPERTY FROM TAXES BASED ON THOSE ROLLS 16.32.25R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF WINNIE MAE EVERETT AND RENAMING A PORTION OF SHERIDAN AVENUE IN HER HONOR 17.32.25R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING TRANSGENDER DAY OF VISIBILITY AND AFFIRMING ITS SUPPORT FOR THE TRANS COMMUNITY 18.32.25R A RESOLUTION OF THE COMMON COUNCIL URGING THE NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN, THE BIGGER BETTER BOTTLE BILL (SENATE BILL 237-A/ASSEMBLY BILL 6353) AND TH EPACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT (SENATE BILL 4246-A/ASSEMBLY BILL 5322-A) 19.32.25R A RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE EFFORTS OF THE PINE HILLS LAND AUTHORITY IN THEIR REDEVELOPMENT AND SALE OF THE FORMER COLLEGE OF SAINT ROSE CAMPUS Council Member Adams introduced the following: RESOLUTION 15.32.25R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION TO PLACE PROPERTY OWNED BY PRAISE TABERNACLE CHURCH OF GOD ON THE EXEMPT PORTIONS OF THE 2021, 2022, AND 2023 ASSESSMENT ROLLS AND TO EXEMPT SUCH PROPERTY FROM TAXES BASED ON THOSE ROLLS WHEREAS, Praise Tabernacle Church of God, also known as Albany Church of God (the “Church”) is a religious not-for-profit corporation; and WHEREAS, the Church owns 453 Delaware Avenue in the City of Albany, also known as tax map parcel number 75.68-2-1 (the “Property”); and WHEREAS, in order to enjoy an exemption, the owner of property must typically submit an application to the assessor’s office annually, prior to the taxable status date each year; and WHEREAS, the Church did not file such an application to the assessor’s office in 2021, 2022, or 2023, and the Property was not, therefore, granted an exemption on the 2021, 2022, or 2023 assessment rolls; and WHEREAS, the State Legislature, by Senate Bill 9163-A (L. 2024, ch. 404), signed into law by Governor Hochul on September 27, 2024, authorized the Commissioner of the City’s Department of Assessment and Taxation (the “Assessor”) to accept from the Church “an application for exemption from real property taxes pursuant to section 420-a of the real property tax law with respect to the 2021-2022, 2022-2023, and 2023-2024 assessment rolls, for all of the school taxes and all of the general taxes of such rolls for…” the Property, and that, if accepted, the Assessor shall review the application “as if it had been received on or before the taxable status dates established for such rolls; and WHEREAS, the state legislation further provides that if the Assessor is “satisfied that such organization would otherwise be entitled to such exemption if such organization had filed an application for exemption by the appropriate taxable status dates, the assessor, upon approval from the common council of the city of Albany, may grant exemption from all taxation and make appropriate corrections to the subject rolls.”; and WHEREAS, the Assessor is satisfied that the Church would be entitled to an exemption for its property at 453 Delaware Avenue; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby authorizes the Commissioner of the Department of Assessment and Taxation to grant real property tax exemptions to the Church for its property at 453 Delaware Avenue for the 2021, 2022, and 2023 tax years. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Deputy Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: March 7, 2025 Sponsor: Council Member Adams RESOLUTION 15.32.25R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION TO PLACE PROPERTY OWNED BY PRAISE TABERNACLE CHURCH OF GOD ON THE EXEMPT PORTIONS OF THE 2021, 2022, AND 2023 ASSESSMENT ROLLS AND TO EXEMPT SUCH PROPERTY FROM TAXES BASED ON THOSE ROLLS GENERAL PURPOSE OF LEGISLATION Praise Tabernacle Church, which owns 453 Delaware Avenue and uses the property for exempt purposes, could have applied for, and been granted, a property tax exemption for the property in 2021, 2022, and 2023. Since it failed to apply, no such exemption was granted and taxes were levied on the property. By special act of the State Legislature, Praise Tabernacle Church has been allowed to apply, belatedly, for an exemption in each of the three years. The Assessor is satisfied that, had the Church applied in a timely manner, the Property would have been exempt. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The state legislation, included herewith requires that the Assessor receive the approval of the Common Council before placing the Property on the exempt portion of the 2021, 2022, and 2023 assessment rolls and exempting the Property from taxation, ex post facto, for each of those years. This resolution expresses the Council’s approval. FISCAL IMPACT The Church paid $9,646.64 in taxes in 2022, based off the 2021 assessment roll. The Church may be entitled to a refund of this amount. Council Member Love introduced the following: RESOLUTION 16.32.25R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF WINNIE MAE EVERETT AND RENAMING A PORTION OF SHERIDAN AVENUE IN HER HONOR WHEREAS, the Sheridan Hollow community lost a beacon of love, generosity, and wisdom on November 16, 2025 with the passage of Winnie Mae Everett; and WHEREAS, Winnie Mae Everett was born in Isney, Alabama but found a home in the City of Albany in 1955 during the Great Migration, reuniting with her husband Edd Everett, Jr. and subsequently raising seven children; and WHEREAS, her community roots grew deep through the offering of support and services to her community, including free childcare and food; and WHEREAS, her door was open to all, always lending an ear, advice, and comfort to her neighbors even after the passing of her mother; and WHEREAS, Winnie Mae Everett extended her care and support to her clients as a home health aide, providing the same tenderness she showed family; and WHEREAS, despite all that she did for her community, she still found time to participate in her choir at Mount Pleasant Baptist Church, where she was a long-time member and worshiped; and WHEREAS, finding the joy in life seemed to come easy to Winnie Mae Everett, whose infectious laugh and warm personality touched all and will continue to be remembered; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany honors the life, contributions, and legacy of Winnie Mae Everett by renaming the portion of Sheridan Avenue between Henry Johnson Boulevard and Lark Street – where she opened her home to her community – in her honor; and BE IT FURTHER RESOLVED, that the Common Council directs that two signs shall be produced reading "Winnie Mae Everett Lane" which shall be placed in consultation with the Division of Traffic Engineering. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Legislative Director Re: Common Council Legislation Supporting Memorandum Date: March 4, 2025 Sponsor: Council Member Love RESOLUTION 16.32.25R TITLE A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF WINNIE MAE EVERETT AND RENAMING A PORTION OF SHERIDAN AVENUE IN HER HONOR GENERAL PURPOSE OF LEGISLATION This resolution officially recognizes the life, legacy, and contributions to the City of Albany made by Winnie Mae Everett and directs the creation of honorary street signs at the proposed locations. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Per Code § 323-63.2 (B), the Council shall effectuate honorary street renamings “through the adoption of a resolution of the Common Council.” FISCAL IMPACT None. MAP OF PROPOSED HONORARY STREET SIGNS Council Members Conti, Farrell, Flynn, Hoey, Keegan, Kimbrough, Love, and Zamer offered the following: RESOULTION NUMBER 17.32.25R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING TRANSGENDER DAY OF VISIBILITY AND AFFIRMING ITS SUPPORT FOR THE TRANS COMMUNITY WHEREAS, the City of Albany values the diversity of its community; and WHEREAS, March 31st is an annual day designated to show support for the trans community; and WHEREAS, such day is designated as Transgender Day of Visibility, which seeks to bring attention to the accomplishments of transgender people everywhere while fighting cissexism and transphobia by spreading understanding of trans people; and WHEREAS, such day is meant to be a day of empowerment; and WHEREAS, in light of recent federal actions which seek to stigmatize and erase the trans community to advance a divisive political agenda; and WHEREAS, these actions create anxiety and seek to deny trans and gender nonconforming people the equal opportunity to succeed and be accepted as their true selves; and WHEREAS, the Common Council and the City of Albany have been in the forefront of recognizing and supporting the trans community, including through the adoption of gender expression and gender identity non-discrimination laws long before adoption of statewide protections; and WHEREAS, the City of Albany seeks to be a welcoming community; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council reaffirms its support and recognition of the trans community as an essential part of the City of Albany’s diversity; and BE IT FURTHER RESOVED, that the Common Council celebrates the accomplishments and contributions of the trans community to our city; and BE IT FURTHER RESOLVED, that the Common Council recognizes Transgender Day of Visibility and further urges, as part of this recognition, that the Mayor direct the flying of the Transgender Pride Flag over City Hall on March 31, 2025; and BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to In Our Own Voices and The Pride Center of the Capital Region. To: Shaniqua Jackson, City Clerk From: Council Member Conti Re: Request for Common Council Legislation Supporting Memorandum Date: March 5, 2025 Sponsor: Council Member Conti RESOLUTION 17.32.25R TITLE: RESOLUTION OF THE COMMON COUNCIL RECOGNIZING TRANSGENDER DAY OF VISIBILITY AND AFFIRMING ITS SUPPORT FOR THE TRANS COMMUNITY GENERAL PUROE OF LEGISLATION: To recognize Transgender Day of Visibility. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISITING LAW: To recognize Transgender Day of Visibility and reaffirm the Common Council’s and City of Albany’s support for the trans community. FISCAL IMPACT: None Council Member Anane introduced the following: RESOLUTION 18.32.25R A RESOLUTION OF THE COMMON COUNCIL URGING THE NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN, THE BIGGER BETTER BOTTLE BILL (SENATE BILL 237-A/ ASSEMBLY BILL 6353) AND THE PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT (SENATE BILL 4246-A/ASSEMBLY BILL 5322-A) WHEREAS, an average of 6.8 million tons of packaging waste is produced every year in just New York State, yet a vast majority (approximately 91%) of plastics are never recycled, even when placed into the correct bin; and WHEREAS, legislation that intervenes in the production of plastic and promotes recycling supports environmental justice and public health while saving taxpayers hundreds of millions of dollars in operational costs; and WHEREAS, the Packaging Reduction and Recycling Infrastructure Act (Senate Bill 4246-A/Assembly Bill 5322-A) and the Bigger Better Bottle Bill (Senate Bill 237-A/ Assembly Bill 6353) are two critical policies that support these efforts; and WHEREAS, the New York State Returnable Container Act, the original “Bottle Bill”, has proven to be an incredibly effective tool for reducing litter and increasing recycling rates in New York State through requiring refundable deposits to be placed on eligible beverage containers; and WHEREAS, despite this, the New York State Returnable Container Act has only been amended to expand its impact once since its passage in 1982, when in 2009 the legislation was amended to include plastic water bottles; and WHEREAS, the original “Bottle Bill” is nearly a half-century old and has not been updated in over 15 years, which has not allowed the legislation to adjust with the development of new products as the worldwide use of plastic has grown 20-fold over the past 50 years; and WHEREAS, an expansion of the New York State Returnable Container Act through the Bigger Better Bottle Bill to broaden the scope of accepted containers and increase the deposit amount is a logical development for this legislation; and WHEREAS, the Bigger Better Bottle Bill (Senate Bill 237-A/Assembly Bill 6353) is an evidence-driven policy that will yield greater increases recycling which will coincide with increased plastics usage; and WHEREAS, recycling alone will not solve the single-use plastics crisis—an upstream intervention that mitigates plastic pollution is necessary to address the prevalence of waste; and WHEREAS, of the 376 million metric tons of plastics produced globally in 2019, approximately 35% were produced for single-use packaging, which come with a steep environmental price as they are mindlessly discarded; and WHEREAS, under existing waste management infrastructure, New York taxpayers currently carry the burden of supporting the costs of handling this amount of unnecessary, excess municipal solid waste; and WHEREAS, residents also pay for wasteful industry practices with their health; recent research has found that discarded plastics progressively erode into mirco- and nanoplastics that have been linked to endocrine disruption, weight gain, reproductive issues, and cancer; and WHEREAS, the Packaging Reduction and Recycling Infrastructure Act (Senate Bill 4246-A/Assembly Bill 5322-A) seeks rectify the plastics issue at its source through requiring companies to develop a packaging reduction and recycling plan; and WHEREAS, the Packaging Reduction and Recycling Infrastructure Act pairs this recycling initiative with a plan to massively reduce overall plastic packaging incrementally, approaching the issue of plastic packaging waste at its source; and WHEREAS, exorbitant plastics production, use, and waste is a global issue that has observable impacts within the City of Albany—lawmakers owe their constituents legislation that will tangibly better their environment, health, and their quality of life; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany calls upon the Legislature of New York to pass, and the Governor of New York to sign, the Bigger Better Bottle Bill (S237-A/A 6353) and the Packaging Reduction and Recycling Infrastructure Act (S4246-A/A 5322-A). To: Shaniqua Jackson, City Clerk From: Alyssa Kamara, Junior Policy Analyst Re: Request for Common Council Legislation Supporting Memorandum Date: February 28, 2025 Sponsor: Council Member Anane RESOLUTION 18.32.25R TITLE A RESOLUTION OF THE COMMON COUNCIL URGING THE NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN THE BIGGER BETTER BOTTLE BILL (SENATE BILL 237-A/ ASSEMBLY BILL 6353) AND THE PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT (SENATE BILL 4246- A/ASSEMBLY BILL 5322-A) GENERAL PURPOSE OF LEGISLATION The purpose of this legislation is to express support for the Bigger Better Bottle Bill (S237- A/A6353) and the Packaging Reduction and Recycling Infrastructure Act (Senate Bill 4246- A/Assembly Bill 5322-A), urge the New York State Legislature to pass both, and encourage Governor Kathy Hochul to sign the two critical bills this year. The current political climate causing inaction and reversal of climate and environmental policy on the federal level necessitates increased leadership from state and local governments. The passage of S237-A/A6353 and S4246-A/5322-A would make New York a national leader in reducing plastic pollution and holding large corporations accountable for their impacts on our planet. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW None. FISCAL IMPACT(S) None. Council Member Anane introduced the following: RESOLUTION 19.32.25R A RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE EFFORTS OF THE PINE HILLS LAND AUTHORITY IN THEIR REDEVELOPMENT AND SALE OF THE FORMER COLLEGE OF SAINT ROSE CAMPUS WHEREAS, on November 30, 2023, the College of Saint Rose voted to close its doors after the coming semester, bringing the future management of the College’s forty acre Pine Hills campus in the center of the City of Albany to the forefront; and WHEREAS, the Pine Hills Land Authority was subsequently created to offer the Pine Hills neighborhood a better new beginning for the campus with significant public input into development; and WHEREAS, the Authority successfully outbid interested purchasers who would have taken the campus apart piecemeal in December of 2024, quickly assuming its responsibility to plan, operate, and develop the campus with public interest in mind; and WHEREAS, the Authority’s long-term goals are to satisfy the college’s outstanding monetary responsibilities, redevelop the property, and support economic development while maintaining with the character of the neighborhood; and WHEREAS, the establishment of the Authority was a massive legislative success that has secured the future of the former College of Saint Rose campus, however, there is crucial assistance required from City of Albany departments as it undertakes its responsibilities; and WHEREAS, the work undertaken by the Pine Hills Land Authority will enhance the character and value of Pine Hills; investment in the former College of Saint Rose campus is an investment in the 10th Ward, the City of Albany, and Albany County as a whole; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany encourages all City and Albany County officials to fully support the efforts of the Pine Hills Land Authority in their redevelopment and sale of the former College of Saint Rose campus; and BE IT FURTHER RESOLVED, that the Common Council urges the Department of Buildings & Regulatory Compliance, Department of Fire and Emergency Services, Department of General Services, Albany Police Department, and all other city departments to utilize their resources to the best of their ability in supporting maintenance and development of the campus. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Legislative Director Alyssa Kamara, Junior Policy Analyst Re: Request for Common Council Legislation Supporting Memorandum Date: March 3, 2025 Sponsor: Council Member Anane RESOLUTION 19.32.25R TITLE A RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE EFFORTS OF THE PINE HILLS LAND AUTHORITY IN THEIR REDEVELOPMENT AND SALE OF THE FORMER COLLEGE OF SAINT ROSE CAMPUS GENERAL PURPOSE OF LEGISLATION The purpose of this resolution is to support the Pine Hill Land Authority in its efforts to redevelop and sell the former College of Saint Rose Campus. This resolution further encourages city and county officials to also support the Authority’s operations. The devastating loss of the College of Saint Rose has made investment in the management, redevelopment, and sale of their campus crucial for the economic wellbeing of Pine Hills, the City of Albany, and Albany County. City of Albany and Albany County Officials must support the work of the Pine Hills Land Authority to ensure the swift and responsible use of this property. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW None. FISCAL IMPACT(S) None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION MARCH 17, 2025 ORDINANCES 29.102.24 AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES 65.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Flynn, on behalf of the General Services, Health and Environment Committee, introduced the following: ORDINANCE 29.102.24 AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 171-58 (Notice to remove unnecessary utility poles) of article IV (Utility Pole Regulations) of chapter 171 (Electricity) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: A. Damaged Poles. When the Department or its duly authorized agent determines that a utility pole in a City road right-of-way is damaged and poses a potential threat to public safety, the Department, or its duly authorized agent, shall notify any public utility with a plant on the damaged pole that it must remove its plant from the pole or be subject to a penalty. A public utility must remove its plant from the damaged pole within 15 days of receiving such notification from the Department or its duly authorized agent. After all plants have been removed from the damaged pole, the owner of the damaged pole shall remove said pole with 60 days after receiving notification from the Department or its duly authorized agent. B. Double Poles. When the Department, or its duly authorized agent, determines that a double pole is in a City road right-of-way, the Department or its duly authorized agent will notify the public utility which has the top plant on the double pole that the plant owner of the pole that the pole must be removed within 90180 days or be subject to penalty. Upon removal of the top plant, each subsequent public utility with a plant on a double pole will have 90 days to remove such plant from the date it receives notification from the Department or its duly authorized agent. Upon the owner’s receipt of this notice, the owner must send written notification to all interested parties to remove their plants from the pole within 45 days. Copies of all notices sent to interested parties must also be forwarded to the Department. The owner’s notice to interested parties must also include the following language: “Failure to remove your plant from this pole within 45 days of receipt of this notice will result in fines from the City of Albany not to exceed $1,000 per day that the violation continues. This is a required notice under Albany City Code § 171-58.” The owner of such double pole shall remove said pole within 180 days from receipt of notice from the Department, provided all plants have been properly and timely removed. If all plants have not been removed, despite proper notice to the plant owner(s), the owner of the pole must submit to the Department information identifying which parties have failed to comply with the removal notice, at which point the Department shall issue a notice informing the noncompliant party of their duty to remove the plant as well as the fine amount per day of continued noncompliance. For noncompliance continuing more than 45 days after the 180 Matter in strikethrough to be deleted. Matter underlined is new material. day deadline has passed, the Department will remove the plant and send an invoice to the responsible party for the cost of removal. C. After all plants have been removed from the double pole, the public utility which owns the double pole shall remove said pole within 60 days after receiving notification from the Department or its duly authorized agent. This The provisions of this section shall not nullify or limit any private agreement between and among public utilities that assign responsibility for pole removal. Section 2. This ordinance shall take effect immediately after enactment. APPROVED AS TO FORM THIS 11TH DAY OF OCTOBER, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jason R. Thomas, Esq., Assistant Corporation Counsel Brett T. Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 10, 2023 Sponsor: Council Member Flynn, on behalf of the committee on General Services, Health and Environment ORDINANCE 29.102.24 TITLE AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES GENERAL PURPOSE OF LEGISLATION This ordinance alters how notifications are handled for the removal of double utility poles in Albany. In the past, the City of Albany was tasked with notifying all parties involved when a double pole needed to be removed. This included trying to inform parties that the City couldn't easily identify, which was often challenging and time-consuming. The new ordinance shifts this responsibility to the owners of the poles instead. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Currently, the City is unable to effectively have double poles removed as the information relating to whose fixtures are on what poles is unavailable. Additionally, utilities regularly shift blame unto one another when told to remove fixtures in order to remove a pole. Placing this burden on the owner will greatly expedite this process, as utilities will be receiving notice from the pole’s owner, not the City, to remove their plants or face fines. Additionally, this creates much needed pressure on businesses to adhere to the terms of their initial permits, which also require the removal of double poles, but have not been followed or enforced due to the constraints of the current law. FISCAL IMPACT(S) This ordinance will increase the amount of fines the City is able to levy against public utilities and utility pole owners. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Balarin, on behalf of the Committee on Planning, Economic Development and Land Use, introduced the following: ORDINANCE 65.111.24 (As Amended 2/20/2025) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-clause (7) of clause (C) of subparagraph (iv) (Convenience retail) of paragraph (f) (Retail) of subsection (4) (Commercial uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: 7. Ensure that in compliance with § 375-409(4)(e) 375-409(7)(a)(iv), window signs do not obstruct more than 15% of any individual window, or collectively more than 10% of the window area on any story of the building, exclusive of any notices required by federal, state, or local law. Section 2. Section 375-409 (Signs) of Article IV (Development Standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 375-409 Signs. (1) General. Purpose and Intent. (a) Purpose. The purpose of the regulations in this § 375-409 is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. More specifically, these regulations are intended to: (i) Protect property values; (ii) Create a more attractive economic and business climate; (iii) Enhance and protect the physical appearance of the community; (iv) Preserve the scenic and natural beauty; (v) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents; (vi) Reduce hazards that may be caused by signs overhanging or projecting over public rights- of-way; and Matter in strikethrough to be deleted. Matter underlined is new material. (vii) Curb the deterioration of the community's appearance and attractiveness. (b) Intent. It is the intent of the City to comply with all applicable laws, statutes, regulations, and federal and state court decisions regarding the regulation of signs, and not to engage in any form of content-based regulation of sign messages prohibited by federal or state constitutions, statutes, or court decisions. (c) Substitution. Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any legally nonconforming sign under this USDO. (d) Severability. If any decision, subsection, sentence, phrase or portion of this § 375-409 is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and any such holding shall not affect the validity or constitutionality of the remaining portions of this § 375-409, which shall remain in full force and effect. (2) Applicability. (a) This § 375-409 shall apply to the erection or continuation of all signs located outside of, or located within but designed to be viewed from outside of, a structure, in all zoning districts, unless specifically exempted by this USDO. (b) In addition to the provisions of this § 375-409, additional sign regulations listed in Article II (Zoning Districts) or § 375-303 (Use-specific standards), and the Manual on Uniform Traffic Control Devices (MUTCD) may apply. If there is a conflict between any sign regulation in § 375- 206 (Overlay Districts) and any other sign regulation, the provisions of § 375-206 shall apply. If there is any other conflict between two or more sign regulations in this USDO, the stricter provision shall apply. (c) Notwithstanding the provisions of Subsection (2)(a) and (b) above, the provisions of this § 375-409 shall not apply to any sign erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply with these provisions to the maximum extent practicable. If there is a conflict between any sign regulation in § 375-206 (Overlay Districts) and any other sign regulation, the provisions of § 375-206 shall apply. If there is any other conflict between two or more sign regulations in this USDO, the stricter provision shall apply. (d) Any sign legally erected prior to the adoption of this USDO that is no longer in compliance with the standards in this § 375-409 may be retained in use subject to the provisions of § 375-506 (Preexisting development and nonconformities). (e) These standards shall apply to all form-based districts unless addressed within the form- based standards, in which case the form-based standards will prevail. (3) Standards applicable to all signs. Matter in strikethrough to be deleted. Matter underlined is new material. (a) No sign or part of a sign shall be located on any property without the consent of the owner, holder, lessee, agent or trustee or other party controlling the use of such property. (b) No sign may contain flashing, intermittent rotating or moving lights, except: (i) Signs located along Central Avenue, between King Avenue and the City line; (ii) Signs located within the MU-CH Zoning District, subject to the limitations in § 375- 409(5)(a)(ii)A3; and (iii) Those signs permitted by § 375-409(5)(a)(ii)A3. (c) Internally illuminated or backlit signs (except for neon tubing) shall be prohibited unless light passes only through sign copy. Any background shall remain opaque and light transmission shall be blocked. (d) No sign shall be constructed that resembles any official marker erected by the City, the State of New York or any governmental agency or that by reason of positioning, shape or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic. (e) [Image] On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle. (f) No sign or sign support shall be placed upon the roof of any building. (g) No signage shall contain any obscene wording or images. (h) Any part of a sign extending over a public right-of-way shall require the approval of the City and shall have a minimum vertical clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface. (i) Any part of a sign extending over a privately owned pedestrian traffic area shall require the approval of the owner of the property containing the pedestrian traffic area, and shall have a minimum clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface. (j) All signage shall be constructed of durable material and maintained in good condition and repair, shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections, and shall be constructed to withstand expected wind loads appropriate to design and installation. (k) All building-mounted signs shall be placed and anchored to avoid or minimize damage to Matter in strikethrough to be deleted. Matter underlined is new material. any historic surface or character-defining features of a building, and so that the character-defining features of the building are not obscured. (l) Notwithstanding any other provision of this § 375-409, applications for signs to be located on property in the HR-O District shall be referred to the Chief Planning Official or Historic Resources Commission for review and recommendation as to appropriateness with and conformity to such areas' aesthetic, historic and/or architectural integrity. (3) Sign measurement. (a) Sign Area. Sign area is measured as the total area of a sign, as follows: (i) For signs on a background, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. (ii) For signs consisting of freestanding letters or features, the sign area is calculated as the total area of each rectangle that encompasses each individual letter or feature. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face. (iii) The sign area of a three-dimensional, free-form or sculptural (non-planar) sign is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the sign. Matter in strikethrough to be deleted. Matter underlined is new material. (iv) If a sign has two or more faces, the area of all faces is included in determining the area of the sign, unless the two sign faces are placed back to back and are no more than two feet apart. In such case, the sign area is calculated as the area of one face. If the two faces are unequal in area, the area of the larger face is used to calculate sign area. (b) Sign Height. Sign height is measured as the vertical distance from the base of a sign or sign structure, to the highest point of the sign or sign structure. Matter in strikethrough to be deleted. Matter underlined is new material. (c) Vertical Clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk level to the lowest point of the sign. (4) Signs that may be erected without a permit. The following signs may be erected and maintained on private property without a permit or fee, provided that such signs comply with all standards applicable to that type of sign. (a) One nonilluminated sign or marker cut into the masonry surface of a building, not to exceed four square feet in area. (b) Flags not exceeding 60 square feet in area and mounted not more than 50 feet above grade. (c) Directional or warning signs for the convenience and safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade. (d) One nonilluminated sign attached to the front facade of any principal and accessory building, not exceeding one square foot in area and mounted not more than 10 feet above grade. (e) Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zoning district and that, collectively, do not cover more than 10% of the total window area by story of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law). (f) Up to two temporary signs or banners. In the residential zoning districts, each sign or banner shall not exceed six square feet in area, and shall not be mounted more than six feet above grade. In mixed-use and special purpose zoning districts, each sign or banner shall not exceed 20 square feet in area, signs shall not be mounted more than 10 feet above grade, and banners shall not be mounted above the second story of the building. In all zoning districts, the temporary signs shall be limited to a period of six consecutive months in each calendar year. All temporary signs that related to a specific event or activity shall be removed within seven days of the end of the Matter in strikethrough to be deleted. Matter underlined is new material. event or activity to which they relate. (g) A-frame or sandwich-type sidewalk signs in front of establishments in the mixed-use districts that are no taller than three feet, that are located so as to maintain at least a four-foot clear pedestrian passage area on any sidewalk, and that are removed from the sidewalk area when the adjacent establishment is closed for business. (h) Seasonal holiday decorations and lighting. (4) Sign types. (a) Attached signs. An attached sign shall mean a sign that is attached to a building (including any building component, such as a column, marquee or canopy) and that uses the building as its primary support. The following are specific types of signs that are categorized as attached signs: (i) Awning sign. Any sign or graphic attached to, painted on or applied to an awning, awning canopy or fuel canopy. (ii) Marquee sign. Any sign which is located on a marquee, or a permanent roofed structure attached to and supported by the building and projecting over public property. Matter in strikethrough to be deleted. Matter underlined is new material. (iii)Projecting sign. Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall. (iv) Wall sign. Any sign attached to the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of said wall, not extending beyond the ends or over the top of the wall to which the sign is attached, nor more than nine inches from the face of the building or structure to which the sign is attached. (b) Detached sign. Any sign that is connected to the ground, and that is not attached to a building or a component of a building. The following are specific types of signs that are categorized as detached signs: Matter in strikethrough to be deleted. Matter underlined is new material. (i) Pole sign. Any freestanding sign in which the sign face is supported by a single post, pole or support, and the area between the sign face and the ground is not opaque or enclosed, so that the sign face support structure is visible. (ii) Post-and-panel. Any freestanding sign in which the sign face is supported by two poles, posts, or supports, generally located at or near either end of the sign face, and between which poles, posts, or supports the sign face is visible. Matter in strikethrough to be deleted. Matter underlined is new material. (iii) Monument sign. Signage constructed on a monument base identifying the name of the business or retail center on the premises upon which the sign is placed. A sign face manufactured and constructed clearly to be a portable sign shall not be used in any form to be made into a permanent sign. (5) On premises signs that require a sign permit. (a) The following types of on premises signs may be erected, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign: (i) Type, size, and locations. Table 375.409.1 Type, Size, and Locations of Signs Residential Special Purpose Type of Sign Standard Mixed-Use Districts Districts Districts MU-NE Maximum number per MU-NC Freestanding 1[1] 1 1 street frontage MU-CI MU-CU Matter in strikethrough to be deleted. Matter underlined is new material. MU-CH MU-DT MU-FW MU-FC 0 MU-FS MU-FM MU-CU MU-CH 64[3] Maximum size (square MU-CI 6[1] 64 feet) MU-DT MU-NC 20 MU-NE MU-CU MU-CH 8[3] MU-CI Maximum height (feet) 5 6 MU-DT MU-NC 5 MU-NE External Illumination Yes[4] Yes[4] only[1] Maximum number per street frontage or 1[1] 1[5] [8] 1 shopfront[7] MU-CU MU-CH 32[3] [5] MU-CI MU-DT Wall MU-NC MU-NE MU-FW 24 MU-FC MU-FS MU-FM Illumination No Yes[4] Yes[4] Maximum number per street frontage or 0 1[6] 1[6] Projecting shopfront[7] N/A MU-CU 32 32 Matter in strikethrough to be deleted. Matter underlined is new material. MU-CH MU-CI MU-DT MU-NE Maximum size (square MU-NC feet) MU-FW 24 MU-FC MU-FS MU-FM Illumination N/A Yes[4] Yes[4] Maximum number per street frontage or 0 1[6] 1[6] shopfront7 Awning Maximum size of sign N/A 24 24 area (square feet) Illumination N/A Yes[4] Yes[4] NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. Buildings with commercial use or shopfront may be approved for a wall sign of up to 10 [2] square feet, provided that the proposed sign is consistent with the character of the building and neighborhood in which it is located, as determined by the Chief Planning Official. In the MU-CH and MU-CI Districts, a freestanding directory sign of up to 100 square feet is [3] permitted for multi-tenanted properties that have more than 200 linear feet of street frontage. [4] Applicable signs are subject to the provisions of §§ 375-408 and 375-409(3). Additional signs permitted above top row of windows on buildings at least 9 stories in height [5] may not extend across more than 50% of building facade width. [6] Permitted only as alternative to a wall sign. Where more than one sign is allowed for multiple shopfronts, the sign for each shopfront [7] shall not exceed the width of the shopfront. (ii) Standards for specific types of signs. The following regulations shall apply to the specific types of signs listed below: A. Freestanding signs. 1. Freestanding signs shall be monument, or post-and-panel signs. 2. No freestanding sign shall be located less than five feet from the side lot line. Matter in strikethrough to be deleted. Matter underlined is new material. 3. In the MU-NC, MU-CU and special purpose districts, up to 20% of the permitted freestanding sign area may be electronically or manually changeable copy. In the MU-CH District, up to 50% of the permitted freestanding sign area may be electronically or manually changeable copy, provided that any electronically changeable copy: a. Does not change images or symbols more than four times each minute, and each change of image takes place in less than one second; and b. The maximum illumination of the electronic copy is not more than 5,000 nits from dawn to dusk or 500 nits from dusk to dawn; and c. Is located perpendicular to a street fronting the property. B. Wall signs. 1. Wall signs shall not extend beyond the ends or over the top of the wall to which the sign is attached. 2. Wall signs shall not project more than nine inches from the face of the building to which the sign is attached. C. Projecting signs. 1. Projecting signs shall not have more than two faces unless located at the corner of a building on a corner lot. 2. The exterior edge of a projecting sign shall not extend more than five feet perpendicular from the building face or 1/3 the width of the sidewalk, whichever is less. D. Awning signs. Awning sign messages shall be integrated into or painted on the awning. No sign shall project outward from an awning surface. (5) Standards applicable to all signs. (a) General Standards. (i) Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any legally nonconforming sign under this USDO. (ii) No sign or part of a sign shall be located on any property without the consent of the owner, holder, lessee, agent or trustee or other party controlling the use of such property. (iii) No sign shall be constructed that resembles any official marker erected by the City, the State of New York or any governmental agency or that by Matter in strikethrough to be deleted. Matter underlined is new material. reason of positioning, shape or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic. (iv) No sign or sign support shall be placed upon the roof of any building. (v) No signage shall contain any obscene wording or images. (vi) Any part of a sign extending over a public right-of-way shall require the approval of the City. (vii) Notwithstanding any other provision of this § 375-409, applications for signs to be located on property in the HR-O District shall be referred to the Chief Planning Official or Historic Resources Commission for review and recommendation as to appropriateness with and conformity to such areas' aesthetic, historic and/or architectural integrity. (b) Sign construction. (i) All signage shall be constructed of durable material and maintained in good condition and repair, shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections, and shall be constructed to withstand expected wind loads appropriate to design and installation. (ii) Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically feasible. (iii) If a raceway is necessary, it must not extend in width or height beyond the area of the sign. A raceway must be finished to match the background surface to which it is attached, or integrated into the overall design of the sign. (iv) Conduits and other electrical components must be designed as an integral part of the overall sign structure and hidden from view to the extent technically feasible. Visible transformers are prohibited. (v) When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation. (c) Sign location. (i) Location on building. A. Signs must not be located so that they cover architectural features of the building, including, but not limited to, transoms, insignias, or any other architectural feature. B. All building-mounted signs shall be placed and anchored to avoid or minimize damage to any historic surface or character-defining features of a building, and so that the character-defining Matter in strikethrough to be deleted. Matter underlined is new material. features of the building are not obscured. (ii) Location on site. A. On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle. B. Vertical clearance. Any part of a sign shall have a minimum clearance of eight feet above any pedestrian traffic area, sidewalk or walkway and a minimum clearance of 10 feet above any vehicle driving surface. (d) Illumination. (i) Only external light sources are permitted in residential zone districts. (ii) External light sources intended to illuminate the sign face must be fully shielded and placed close to, and directed upon, the sign face. (iii) Internally illuminated or backlit signs (except for neon tubing) shall be prohibited. Internal illumination is limited to letters, numbers, symbols, and accents. The remaining area of the sign face must remain opaque. (iv) No sign shall contain flashing, blinking, fluttering, or strobe-light effects. (6) Other displays on walls, structures, or sites. (a) General provisions. This § 375-409(6) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that exceed the height, size, duration, or another physical standard in this section for an attached sign in the zoning district where the wall or structure is located. (b) Special review required. (i) Applications for approval of a display under this § 375-409(6) shall be reviewed by the Planning Board, unless the Planning Board has delegated such duties to the Albany Arts Commission, pursuant to the review criteria in § 375-409(6)(c). (ii) A decision on the application shall be made within 60 days after the City's receipt of a complete application. (iii) An approved special display expands the number, size, and duration of signs otherwise permitted on the property. Any approval of a special display shall not affect the ability of the applicant to erect or maintain any other signs on the property permitted by this § 375-409. Matter in strikethrough to be deleted. Matter underlined is new material. (c) Review criteria. The Planning Board may approve an application for a special display if it finds that the proposed display: (i) Is a form of speech or expression protected by the First Amendment to the United States Constitution and/or the New York Constitution; (ii) Will be created, constructed, erected, or displayed in a way that is visually distinct from other permitted signs on the property; (iii) Serves to activate or enhance a public space or streetscape; (iv) Does not exceed the dimensions of any surface upon which it is mounted; (v) Will be treated to address vandalism and exposure to sun; (vi) Will not require extensive or repeated maintenance, or the applicant has provided adequate assurance (including financial assurance) that maintenance and repairs will be timely performed; (vii) Does not create a threat to public health or safety or to vehicular, bicycle, or pedestrian traffic safety or congestion; (viii) Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, or odor impacts on nearby properties; and (ix) Does not impair the performance of required City functions (6) Standards for specific types of signs. The following regulations shall apply to the specific types of signs listed below: (a) Detached signs. (i) Detached signs shall be monument, or post-and-panel signs. Pole signs shall be prohibited. (ii) No detached sign shall be located less than five feet from the side lot line. (iii) In the MU-NC and MU-CU districts, up to 30% of the permitted detached sign area may be electronically or manually changeable copy. In the MU-CH, MU-CI and special purpose districts, up to 70% of the permitted detached sign area may be electronically or manually changeable copy, provided that any electronically changeable copy: A. Does not change images or symbols more than once every 10 seconds; B. Changes in an instantaneous manner, without scrolling, fading in, dropping in, or similar moving copy changes; C. Does not exceed the maximum illumination of 5,000 nits from dawn to dusk or 500 nits Matter in strikethrough to be deleted. Matter underlined is new material. from dusk to dawn; D. Shall have automatic dimming capabilities that are equipped with a photocell that detects ambient light and automatically adjusts brightness levels to the limits set here within; E. Does not employ the use of audio; and F. Is located perpendicular to a street fronting the property. (b) Wall signs. (i) Wall signs shall not extend beyond the ends or over the top of the wall to which the sign is attached. (ii) Wall signs shall not project more than nine inches from the face of the building to which the sign is attached. (c) Projecting signs. (i) Projecting signs shall not have more than two faces unless located at the corner of a building on a corner lot. (ii) The exterior edge of a projecting sign shall not extend more than five feet perpendicular from the building face or 1/3 the width of the sidewalk, whichever is less. (d) Awning signs. (i) Awning sign messages shall be integrated into or painted on the awning. No sign shall project outward from an awning surface. (e) Menu board signs. (i) A maximum of two menu boards are permitted per drive aisle of a drive-in or drive-through facility. (ii) A menu board shall not exceed 50 square feet. (iii) The sign area for a menu board shall not be counted in the total cumulative sign area for attached or detached signs. (iv) Menu boards shall be located a minimum of 15 feet from any residentially zoned property. (v) The sign area for a menu board shall not be counted in the total cumulative sign area for attached or detached signs. (vi) Menu boards shall not be counted in the total cumulative number of allowed attached or Matter in strikethrough to be deleted. Matter underlined is new material. detached signs. (7) Off-premises signs that require a permit. The following types and numbers of off-premises signs may be erected in the following locations, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign (a) Maximum type, number and permitted locations. (i) Unless otherwise limited by this USDO, off premises monument, post and panel, and pole signs are permitted. (ii) There shall not be constructed, relocated or otherwise erected in the City any off-premises signs or sign faces that would result in more than 95 off-premises sign faces existing in the City. (iii) Off-premises signage, including billboards, is prohibited except in the following designated areas: A. The area along Interstate 90 bounded by its intersection with the City line to the east and its intersection with Central Avenue to the west, not to exceed a distance of 75 feet from the state right-of-way. B. The area along Interstate 787 bounded on the south by a line drawn in a generally easterly direction from its intersection with Clinton Avenue and the City line north, not to exceed a distance of 75 feet from the state right-of-way. C. The area along Interstate 787 bounded by its intersection with Route 9 to Madison Avenue on the north, not to exceed a distance of 75 feet from the state right-of-way. (iv) Notwithstanding the provisions of Subsection (7)(a)(ii) above, no off-premises sign visible from a public right-of-way shall be constructed at any location having principal frontage on any street within 150 feet of any property that is used for public parks, schools and churches, having its principal frontage on the same street. (b) Maximum size and height. (i) The maximum area for any one face of an off-premises sign shall be 700 square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. Cutouts not exceeding 20% of the maximum areas may be added to each face of an off- premises sign. (ii) The maximum height for any off-premises sign, exclusive of cutouts, shall be 60 feet. All measurements are to be taken from the grade level at which the sign is located. (c) Relocation. Off-premises signage removed from the prohibited areas in accordance with the provisions of this § 375-409(7) may be relocated and reconstructed in the areas listed in Subsection (7)(a) above. Matter in strikethrough to be deleted. Matter underlined is new material. (d) Legally nonconforming off-premises signs. (i) Off-premises signs in existence on the effective date, December 7, 1992, of this § 375- 409(7) that have been legally erected and maintained, but that do not comply with the provisions this § 375-409(7), may continue to be maintained and repaired in place, so long as the size of the sign is not increased in terms of faces, length, height, or illumination levels. (ii) Legally preexisting nonconforming signage that is removed for reasons other than being illegal pursuant to this § 375-409(7) may be removed and relocated in accordance with Subsection (7)(c) above, provided that the style and type of the sign is not changed. (7) Signs that may be erected without a permit. The following signs may be erected and maintained on private property without a permit or fee, provided that such signs comply with all standards applicable to that type of sign. (a) Permanent exempt signs. (i) Any sign erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply with these provisions to the maximum extent practicable. (ii) One nonilluminated sign or marker cut into the masonry surface of a building, not to exceed four square feet in area. (iii) Flags not exceeding 60 square feet in area and mounted not more than 50 feet above grade. (iv) Directional or warning signs for the convenience and safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade. (v) One nonilluminated sign attached to the front facade of any principal and accessory building, not exceeding one square foot in area and mounted not more than 10 feet above grade. (vi) Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zoning district and that, collectively, do not cover more than 10% of the total window area by story of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law). (vii) A-frame or sandwich-type sidewalk signs in front of establishments in the mixed-use districts that are no taller than three feet, that are located so as to maintain at least a four-foot clear pedestrian passage area on any sidewalk, and that are removed from the sidewalk area when the adjacent establishment is closed for business. (viii) Seasonal holiday decorations and lighting. (ix) One ATM sign which is incorporated into and designed as part of an automatic teller Matter in strikethrough to be deleted. Matter underlined is new material. machine (ATM). The advertisement upon the ATM sign must be limited to the term “ATM” and the name and logo of the financial institution rendering the ATM service. (x) Signage affixed directly upon a vehicle charging station or fueling pump. (b) Temporary exempt signs. (i) Up to two temporary signs or banners shall be permitted. A. In the residential zoning districts, each sign or banner shall not exceed six square feet in area, and shall not be mounted more than six feet above grade. B. In mixed-use and special purpose zoning districts, each sign or banner shall not exceed 20 square feet in area, signs shall not be mounted more than 10 feet above grade, and banners shall not be mounted above the second story of the building. C. In all zoning districts, the temporary signs shall be limited to a period of six consecutive months in each calendar year. All temporary signs that related to a specific event or activity shall be removed within seven days of the end of the event or activity to which they relate. (ii) A maximum of one construction sign is permitted per frontage. A construction sign is a temporary sign intended to provide information about current construction on a site and the parties involved in the project. A. A construction sign may identify the developer, builder, architect, contractor, subcontractor, material supplier, elected officials, participating government agencies, and/or project description for an on-premises construction project. B. The area of a temporary construction sign shall not exceed 40 square feet. C. A construction sign shall only be erected after approval of a building permit for the associated work, and must be removed within seven days of issuance of a certificate of occupancy or expiration of the permit. (8) On-premises signs. The following on-premises signs may be erected, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign: (a) Attached signs: location, number, and size. Table 375.409.1 Attached Signs: Number and Size SF = Square Feet Maximum Number of Maximum Individual Cumulative Size of all Zoning District Attached Signs Per Sign Illumination Sign Size (SF) Attached Signs (SF) Shopfront or Frontage Matter in strikethrough to be deleted. Matter underlined is new material. R-1L, R-1M, R-2 1 [1] [2] 6 SF 6 SF Not Permitted R-T, R-M 1 [1] [2] 10 SF 10 SF External Only R-V 1 [1] 20 SF 50 SF External Only MU-NE, MU-NC, 2 24 SF 32 SF External & Internal [3] MU-FM, MU-FC MU-CU, MU-DT, 2 32 SF [4] 40 SF External & Internal [3] MU-FS, MU-FW 1 SF for each linear foot MU-CH Not Limited of building frontage, 200 SF External & Internal [3] not to exceed 64 SF. MU-CI 1 per 125 ft. of frontage 64 SF [4] 400 SF External & Internal [3] I-1 1 per 250 ft. of frontage 64 SF 100 SF External & Internal [3] I-2 1 per 100 ft. of frontage 64 SF 100 SF External & Internal [3] LC 1 per 250 ft. of frontage 25 SF n/a External Only NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. Buildings with a shopfront may be approved for a wall sign of up to 20 square feet, provided that [2] the proposed sign is consistent with the character of the building and neighborhood in which it is located, as determined by the Chief Planning Official. [3] Refer to section 375-409(5)(d), Illumination, for the standards applicable to sign illumination. Additional signs permitted above top row of windows on buildings at least 9 stories in height may [4] not extend across more than 50% of building facade width. (b) Detached signs: location, number, and size. Table 375.409.2 Detached Signs: Number, Size, and Height SF = Square Feet FT = Feet Maximum Number of Maximum Cumulative Size of Detached Zoning District Detached Signs Per Individual all Detached Signs Sign Illumination Shopfront or Frontage Sign Size (SF) (SF) Height (FT) R-1L, R-1M, R-2 1 [1] 6 SF 6 SF 4 ft. Not Permitted R-T, R-M 1 [1] [2] 10 SF 10 SF 5 ft. External Only R-V 1 per 250 ft. of frontage [1] 32 SF 64 SF 5 ft. External Only MU-NE, MU-NC 1 [2] 24 SF 24 SF 5 ft. External & Internal [3] MU-DT, MU-FW, MU- 1 [2] 32 SF 32 SF 5 ft. External Only FC, MU-FS, MU-FM Matter in strikethrough to be deleted. Matter underlined is new material. MU-CU 1 50 SF 64 6 ft. External & Internal [3] MU-CH 1 per 100 ft. of frontage [4] 100 SF 200 SF 15 ft. External & Internal [3] MU-CI 1 per 125 ft. of frontage [4] 64 SF 400 SF 10 ft. External & Internal [3] I-1 1 per 250 ft. of frontage 64 SF 200 SF 6 ft. External & Internal [3] I-2 1 per 100 ft. of frontage 100 SF 300 SF 8 ft. External & Internal [3] LC 1 per 250 ft. of frontage 25 SF n/a 6 ft. External Only NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. A detached sign shall only be permitted on a lot where the front yard setback of an existing principal [2] building is greater than 20 feet. [3] Refer to section 375-409(5)(d), Illumination, for the standards applicable to sign illumination. In the MU-CH and MU-CI Districts, an additional detached directory sign of up to 100 square feet is [4] permitted for multi-tenanted properties that have more than 200 linear feet of street frontage. (9) Other displays on wall, structures, or sites. (a) General provisions. This § 375-409(9) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that exceed the height, size, duration, or another physical standard in this section for an attached sign in the zoning district where the wall or structure is located. (b) Special review required. (i) Applications for approval of a display under this § 375-409(9) shall be reviewed by the Planning Board, unless the Planning Board has delegated such duties to the Albany Arts Commission, pursuant to the re-view criteria in § 375-409(9)(c). (ii) A decision on the application shall be made within 60 days after the City's receipt of a complete application. (iii) An approved special display expands the number, size, and duration of signs otherwise permitted on the property. Any approval of a special display shall not affect the ability of the applicant to erect or maintain any other signs on the property permitted by this § 375-409. (c) Review criteria. The Planning Board may approve an application for a special display if it finds that the pro-posed display: (i) Is a form of speech or expression protected by the First Amendment to the United States Constitution and/or the New York Constitution; (ii) Will be created, constructed, erected, or displayed in a way that is visually distinct from other permitted signs on the property; Matter in strikethrough to be deleted. Matter underlined is new material. (iii) Serves to activate or enhance a public space or streetscape; (iv) Does not exceed the dimensions of any surface upon which it is mounted; (v) Will be treated to address vandalism and exposure to sun; (vi) Will not require extensive or repeated maintenance, or the applicant has provided adequate assurance (including financial assurance) that maintenance and repairs will be timely performed; (vii) Does not create a threat to public health or safety or to vehicular, bicycle, or pedestrian traffic safety or congestion; (viii) Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, or odor impacts on nearby properties; and (ix) Does not impair the performance of required City functions on or around the property. (10) Off-premises signs. The following types and numbers of off-premises signs may be erected in the following locations, provided that the applicant obtains a sign permit pursuant to § 375- 505(15) (Sign permit) and a building permit authorizing the erection of the sign. (a) Maximum type, number and permitted locations. (i) Unless otherwise limited by this USDO, off-premises monument, post-and-panel, and pole signs are permitted. (ii) There shall not be constructed, relocated or otherwise erected in the City any off-premises signs or sign faces that would result in more than 95 off-premises sign faces existing in the City. (iii) Off-premises signage, including billboards, is prohibited except in the following designated areas: A. The area along Interstate 90 bounded by its intersection with the City line to the east and its intersection with Central Avenue to the west, not to exceed a distance of 75 feet from the state right-of-way. B. The area along Interstate 787 bounded on the south by a line drawn in a generally easterly direction from its intersection with Clinton Avenue and the City line north, not to exceed a distance of 75 feet from the state right-of-way. C. The area along Interstate 787 bounded by its intersection with Route 9 to Madison Avenue on the north, not to exceed a distance of 75 feet from the state right-of-way. (iv) Notwithstanding the provisions of Subsection (7)(a)(ii) above, no off-premises sign visible from a public right-of-way shall be constructed at any location having principal frontage on any street within 150 feet of any property that is used for public parks, schools and churches, having Matter in strikethrough to be deleted. Matter underlined is new material. its principal frontage on the same street. (b) Maximum size and height. (i) The maximum area for any one face of an off-premises sign shall be 700 square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. Cutouts not exceeding 20% of the maximum areas may be added to each face of an off- premises sign. (ii) The maximum height for any off-premises sign, exclusive of cutouts, shall be 60 feet. All measurements are to be taken from the grade level at which the sign is located. (11) Severability. If any decision, subsection, sentence, phrase or portion of this § 375-409 is for any reason held in-valid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and any such holding shall not affect the validity or constitutionality of the remaining portions of this § 375-409, which shall remain in full force and effect. Section 3. Subparagraph (ii) of paragraph (a) (Applicability) of subsection (15) (Sign permit) of section 375-505 (Specific procedures) of Article V (Administration and Enforcement) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: (ii) A sign permit is not required for those signs listed in § 375-409(4) 375-409(7)(a)(iv) (Signs that may be erected without a permit). Section 4. Subsection (6) (Legally nonconforming signs) of section 375-506 (Preexisting development and nonconformities) of Article V (Administration and Enforcement) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: (6) Legally nonconforming signs (a) All signs that have been lawfully erected shall be deemed to be legal and lawful signs and shall be maintained or repaired subject to the provisions of this section. (b) On-premises signs legally erected before the adoption of this USDO that do not conform to the provisions of § 375-409 may continue to be maintained as long as the specific business or use to which any sign pertains continues to operate at the same property; however, they shall not be enlarged, increased in height, redesigned or altered in any way, unless to conform to the requirements of this USDO remain in use, provided that the sign is not altered to increase the degree of nonconformity or to create a new nonconformity. A nonconforming sign may be otherwise maintained or repaired, and the sign face and sign message may be changed, so long as such alterations do not increase the size, height, or degree of illumination of the sign. Matter in strikethrough to be deleted. Matter underlined is new material. (c) A pole sign, as defined in § 375-602, legally erected prior to the adoption of this USDO, may continue to be maintained as long as the specific business or use to which the sign pertains continues to operate at the same property; however, they shall not be enlarged, increased in height, redesigned or altered in any way, unless to conform to the requirements of this USDO. (d) No nonconforming sign may be relocated in whole or in part to any other location on the same lot or any other lot, unless the sign conforms to the standards of this USDO Section 5. The definition of “Sign” in section 375-602 (Definitions) of Article VI (Rules of Construction; Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: SIGN Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any business or persons when the same is placed in view of the general public. (1) AWNING SIGN Any sign or graphic attached to, painted on or applied to an awning, awning canopy or fuel canopy MENU BOARD SIGN A permanently mounted variable-message sign used to display items and prices for a drive- through facility. (2) FREESTANDING SIGN Any sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or any other structure. (3) MONUMENT SIGN Signage constructed on a monument base identifying the name of the business or retail center on the premises upon which the sign is placed. A sign face manufactured and constructed clearly to be a portable sign shall not be used in any form to be made into a permanent sign. (4) POLE SIGN Any freestanding sign in which the sign face is supported by a single post, pole or support, and the area between the sign face and the ground is not opaque or enclosed, so that the sign face support structure is visible. (5) OFF-PREMISES SIGN A sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. Matter in strikethrough to be deleted. Matter underlined is new material. (6) POST-AND-PANEL SIGN Any freestanding sign in which the sign face is supported by two poles, posts, or supports, generally located at or near either end of the sign face, and between which poles, posts, or supports the sign face is visible. (7) PROJECTING SIGN Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall. (8) WALL SIGN A sign attached to the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of said wall, not extending beyond the ends or over the top of the wall to which the sign is attached, nor more than nine inches from the face of the building or structure to which the sign is attached. Section 6. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 23RD DAY OF OCTOBER, 2024 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 23, 2024 Sponsor: Balarin, on behalf of the Committee on Planning, Economic Development and Land Use ORDINANCE 65.111.24 (Pending Amendment 02/20/2025) TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS GENERAL PURPOSE OF LEGISLATION This ordinance clarifies existing signage regulations in the USDO by removing ambiguities and providing clear methods for calculating sign area across different sign types. While maintaining essential standards, these revisions introduce measured flexibility to better address varying building sizes and street frontages, ensuring that signage is appropriately scaled without compromising the integrity of the city's zoning goals. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The sharp increase in area variance requests for signage—95 since 2021, with over 80% approved—points to challenges with the current regulations. The proposed changes aim to reduce the need for variances by addressing common difficulties and misconceptions in the code, creating a more balanced approach that upholds zoning objectives while responding to practical needs. FISCAL IMPACT None. S T A T E O F N E W Y O R K ________________________________________________________________________ 237--A 2023-2024 Regular Sessions I N S E N A T E (PREFILED) January 4, 2023 ___________ Introduced by Sens. MAY, BRESLIN, BRISPORT, GONZALEZ, HOYLMAN-SIGAL, JACKSON, KRUEGER, RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to returnable bottles and to retention and use of funds for the beverage container assistance program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 27-1003 of the environmental conservation law, as amended by section 2 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: 1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS, NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED PERCENT FRUIT OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED FRUIT BEVERAGES, CARBONATED WATER, NONCARBONATED water, beer, other malt beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND wine [product] PRODUCTS as defined in [subdivision thirty-six-a of] section three of the alcoholic beverage control law. "Malt beverages" means any beverage obtained by the alcoholic fermentation or infusion or decoction of barley, malt, hops, or other wholesome grain or cereal and water including, but not limited to ale, stout or malt liquor. "Water" means any beverage identified through the use of letters, words or symbols on its product label as a type of water, including any flavored water or nutritionally enhanced water[, provided, however, that "water" does not include any beverage identified as a type of water to which a sugar has been added]. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00531-04-3 S. 237--A 2 § 2. Subdivision 12 of section 27-1003 of the environmental conserva- tion law, as added by section 3 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: 12. "Reverse vending machine" means an automated device that uses a laser scanner, microprocessor, or other technology to accurately recog- nize the universal product code (UPC) on containers to determine if the container is redeemable and accumulates information regarding containers redeemed, including the number of such containers redeemed, thereby enabling the reverse vending machine to accept containers from redeemers and to issue a scrip or receipt for their refund value. SUCH DEFINITION SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-1007 OF THIS TITLE. § 3. Section 27-1007 of the environmental conservation law, as added by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b) of subdivision 1 as amended by chapter 459 of the laws of 2011, and subdivision 12 as added by section 3 of part F of chapter 58 of the laws of 2013, is amended to read as follows: § 27-1007. Mandatory acceptance. Except as provided in section 27-1009 of this title: 1. (a) A dealer shall accept at his or her place of business from a redeemer any empty beverage containers of the design, shape, size, color, composition and brand sold or offered for sale by the dealer, and shall pay to the redeemer the refund value of each such beverage container as established in section 27-1005 of this title. Redemptions of refund value must be in legal tender, or a scrip or receipt from a reverse vending machine, provided that the scrip or receipt can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods. IN THE EVENT SUCH SCRIP OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT SHALL INDICATE ANY EXPIRATION DATE AND THE DEALER SHALL POST A CONSPICUOUS SIGN INDICATING HOW MANY DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR LEGAL TENDER. IF SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE FULL REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres- ence of a reverse vending machine shall not relieve a dealer of any obligations imposed pursuant to this section. If a dealer utilizes a reverse vending machine to redeem containers, the dealer shall provide redemption of beverage containers when the reverse vending machine is full, broken, under repair or does not accept a type of beverage container sold or offered for sale by such dealer and may not limit the hours or days of redemption except as provided by subdivision three of this section. (b) Beginning March first, two thousand ten, a dealer whose place of business is part of a chain engaged in the same general field of busi- ness which operates ten or more units in this state under common owner- ship and whose business has at least: (i) forty thousand but less than sixty thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain at least two reverse vend- ing machines at the dealer's place of business; (ii) sixty thousand but less than eighty-five thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain at least three reverse vending machines at the dealer's place of business; or (iii) eighty-five thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain at least four reverse vending machines at the dealer's place of business. The requirements of [paragraph (b) of] this subdivision to install and main- S. 237--A 3 tain reverse vending machines shall not apply to a dealer that: (i) sells only beverage containers of twenty ounces or less where such beverage containers are packaged in quantities fewer than six; (ii) sells beverage containers and devotes no more than five percent of its floor space to the display and sale of consumer commodities, as defined in section two hundred fourteen-h of the agriculture and markets law; or (iii) obtains a waiver from the commissioner authorizing dealers to provide consumers with an alternative technology that: (A) determines if the container is redeemable, (B) provides protections against fraud through a system that validates each container redeemed by reading the universal product code and, except with respect to refillable contain- ers, renders the container unredeemable, (C) accumulates information regarding containers redeemed, and (D) issues legal tender, or a scrip, receipt, or other form of credit for the refund value, that can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods AND INCLUDES ANY EXPIRA- TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT. Notwithstand- ing the foregoing, if the alternative technology does not allow consum- ers to immediately obtain the refund value of the redeemed container, a dealer shall be permitted to deploy such alternative technology only if it also offers an alternative that allows consumers to conveniently and immediately obtain such refund value through a reverse vending machine or other alternative method. (c) A dealer to which paragraph (b) of this subdivision does not apply and whose place of business is at least forty thousand square feet which does not utilize reverse vending machines to process empty beverage containers for redemption shall: (i) establish and maintain a dedicated area within such business to accept beverage containers for redemption; (ii) adequately staff such area to facilitate efficient acceptance and processing of such containers during business hours; and (iii) post one or more conspicuous signs conforming to the size and color requirements described in subdivision two of this section at each public entrance to the business which describes where in the business the redemption area is located. The commissioner may establish in rules and regulations additional standards for the efficient processing of beverage containers by such dealers. (d) For the purposes of this subdivision on any day that a dealer is open for less than twenty-four hours, the dealer may restrict or refuse the payment of refund values during the first and last hour the dealer is open for business. 2. A dealer shall post a conspicuous sign, at the point of sale, that states: "NEW YORK BOTTLE BILL OF RIGHTS STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER ACT: THE RIGHT to return your empties for refund to any dealer who sells the same brand, type and size, whether you bought the beverage from the dealer or not. It is illegal to return containers for refund that you did not pay a deposit on in New York state. THE RIGHT to get your deposit refund in cash, without proof of purchase. S. 237--A 4 THE RIGHT to return your empties any day, any hour, except for the first and last hour of the dealer's business day (empty containers may be redeemed at any time in 24-hour stores). THE RIGHT to return your containers if they are empty and intact. Washing containers is not required by law, but is strongly recommended to maintain sanitary conditions. The New York state returnable container act can be enforced by the New York state department of environmental conservation, the New York state department of agriculture and markets, the New York state department of taxation and finance, the New York state attorney general and/or by your local government." Such sign must be no less than eight inches by ten inches in size and have lettering a minimum of one quarter inch high, and of a color which contrasts with the background. The department shall maintain a toll free telephone number for a "bottle bill complaint line" that shall be avail- able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of violations of this title. The telephone number shall be listed on any sign required by this section. 3. On or after June first, two thousand nine, a dealer may limit the number of empty beverage containers to be accepted for redemption at the dealer's place of business to no less than seventy-two containers per visit, per redeemer, per day, provided that: (a) The dealer has a written agreement with a redemption center, be it either at a fixed physical location [within the same county and within one-half mile of the dealer's place of business], or a mobile redemption center[,] operated by a redemption center[, that is located within one- quarter mile of the dealer's place of business]. The redemption center must have a written agreement with the dealer to accept containers on behalf of the dealer; and the redemption center's hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of a mobile redemption center, the hours of operation must cover at least four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The deal- er must post a conspicuous, permanent sign, meeting the size and color specifications set forth in subdivision two of this section, open to public view, identifying the location and hours of operation of the affiliated redemption center or mobile redemption center; and (b) The dealer provides, at a minimum, a consecutive two hour period between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up to two hundred forty containers, per redeemer, per day, and posts a conspicuous, permanent sign, meeting the size and color specifications set forth in subdivision two of this section, open to public view, iden- tifying those hours. The dealer may not change the hours of redemption without first posting a thirty day notice; and (c) The dealer's primary business is the sale of food or beverages for consumption off-premises, and the dealer's place of business is less than ten thousand square feet in size. 4. A deposit initiator shall accept from a dealer or operator of a redemption center any empty beverage container of the design, shape, size, color, composition and brand sold or offered for sale by the deposit initiator, and shall pay the dealer or operator of a redemption center the refund value of each such beverage container as established by section 27-1005 of this title. A deposit initiator shall accept and redeem all such empty beverage containers from a dealer or redemption center without limitation on quantity. 5. A deposit initiator's or distributor's failure to pick up empty beverage containers, including containers processed in a reverse vending S. 237--A 5 machine, from a redemption center, dealer or the operator of a reverse vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS SHALL BE PROVIDED BY THE DEPARTMENT PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a violation of this title. 6. In addition to the refund value of a beverage container as estab- lished by section 27-1005 of this title, a deposit initiator shall pay to any dealer or operator of a redemption center a handling fee of [three and one-half] SIX cents for each beverage container accepted by the deposit initiator from such dealer or operator of a redemption center. Payment of the handling fee shall be as compensation for collecting, sorting and packaging of empty beverage containers for transport back to the deposit initiator or its designee. Payment of the handling fee may not be conditioned on the purchase of any goods or services, nor may such payment be made out of the refund value account established pursuant to section 27-1012 of this title. A distributor who does not initiate deposits on a type of beverage container is considered a dealer only for the purpose of receiving a handling fee from a deposit initiator. 7. A deposit initiator on a brand shall accept from a distributor who does not initiate deposits on that brand any empty beverage containers of that brand accepted by the distributor from a dealer or operator of a redemption center and shall reimburse the distributor the refund value of each such beverage container, as established by section 27-1005 of this title. In addition, the deposit initiator shall reimburse such distributor for each such beverage container the handling fee estab- lished under subdivision six of this section. Without limiting the rights of the department or any person, firm or corporation under this subdivision or any other provision of this section, a distributor shall have a civil right of action to enforce this subdivision, including, upon three days notice, the right to apply for temporary and preliminary injunctive relief against continuing violations, and until arrangements for collection and return of empty containers or reimbursement of such distributor for such deposits and handling fees are made. 8. It shall be the responsibility of the deposit initiator or distrib- utor to provide to a dealer or redemption center a sufficient number of bags, cartons, or other suitable containers, at no cost, for the packag- ing, handling and pickup of empty beverage containers that are not redeemed through a reverse vending machine. The bags, cartons, or containers must be provided by the deposit initiator or distributor on a schedule that allows the dealer or redemption center sufficient time to sort the empty beverage containers prior to pick up by the deposit initiator or distributor. In addition: (a) When picking up empty beverage containers, a deposit initiator or distributor shall not require a dealer or redemption center to load their own bags, cartons or containers onto or into the deposit initi- ator's or distributor's vehicle or vehicles or provide the staff or equipment needed to do so. HOWEVER, WHERE PALLETS OR SKIDS, BAGS, CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR SIMILAR EQUIPMENT, A DEPOSIT INITIATOR OR DISTRIBUTOR MAY REQUIRE A DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY AVAILABLE. (b) A deposit initiator or distributor shall not require empty containers to be counted at a location other than the redemption center S. 237--A 6 or dealer's place of business. The dealer or redemption center shall have the right to be present at the count. IN THE EVENT OF A DISCREPANCY BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF THE DEPOSIT INITIATOR OR DISTRIBUTOR FOR CONTAINERS NOT PROCESSED THROUGH A REVERSE VENDING MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT. (c) A deposit initiator or distributor shall pick up empty beverage containers from the dealer or redemption center IN A TIMELY MANNER AND at reasonable times [and intervals] as SHALL BE determined in rules or regulations promulgated by department NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT AMENDED THIS PARAGRAPH. 9. No person shall return or assist another to return to a dealer or redemption center an empty beverage container for its refund value if such container had previously been accepted for redemption by a dealer, redemption center, or deposit initiator who initiates deposits on bever- age containers of the same brand. 10. A redeemer, dealer, distributor or redemption center shall not knowingly redeem an empty beverage container on which a deposit was never paid in New York state. 11. Notwithstanding the provisions of subdivision two of section 27-1009 of this title, a deposit initiator or distributor shall accept and redeem beverage containers as provided in this title, if the dealer or operator of a redemption center shall have accepted and paid the refund value of such beverage containers. 12. No person shall intentionally program, tamper with, render inaccu- rate, or circumvent the proper operation of a reverse vending machine to wrongfully elicit deposit monies when no valid, redeemable beverage container has been placed in and properly processed by the reverse vend- ing machine. 13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE SHALL BE AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE. 14. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY BEVER- AGE CONTAINER: (A) AT THE PREMISES OF A BREWERY, FARM BREWERY, CIDERY, FARM CIDERY, DISTILLERY, FARM DISTILLERY, MEADERY, FARM MEADERY, WINERY, OR MICRO- WINERY WHERE SUCH DEALER IS LICENSED TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION OFF SUCH PREMISES; (B) AT ANY PREMISES SELLING ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION PURSUANT TO A SEVEN DAY LICENSE OR TEMPORARY LICENSE UNDER THIS CHAPTER; OR (C) AT A FARMERS MARKET, AS SUCH TERM IS DEFINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. § 4. Paragraph c of subdivision 3 of section 27-1012 of the environ- mental conservation law, as added by section 8 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: c. all withdrawals from the refund value account during such quarter, including all reimbursements paid pursuant to subdivision two of this section, all service charges on the account, PROVIDED THAT SUCH SERVICE CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER, and all payments made pursuant to subdivision four of this section; and S. 237--A 7 § 5. Section 27-1014 of the environmental conservation law, as amended by section 10 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: § 27-1014. Authority to promulgate rules and regulations. In addition to the authority of the commissioner, under sections 27-1007, 27-1009, 27-1012, and 27-1013 of this title, the commissioner shall have the power to promulgate rules and regulations necessary and appropriate for the administration of this title. § 6. Section 27-1005 of the environmental conservation law, as added by section 4 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: § 27-1005. Refund value. No person shall sell or offer for sale a beverage container in this state unless the deposit on such beverage container is or has been collected by a registered deposit initiator and unless such container has a refund value of not less than [five] TEN cents which is clearly indicated thereon as provided in section 27-1011 of this title. § 7. Subdivision 5 of section 27-1012 of the environmental conserva- tion law, as amended by section 2 of part JJ of chapter 58 of the laws of 2017, is amended to read as follows: 5. All moneys collected or received by the department of taxation and finance pursuant to this title shall be deposited to the credit of the comptroller with such responsible banks, banking houses or trust compa- nies as may be designated by the comptroller. Such deposits shall be kept separate and apart from all other moneys in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the total revenue collected, the comptroller shall retain the amount determined by the commissioner of taxation and finance to be necessary for refunds out of which the comptroller must pay any refunds to which a deposit initiator may be entitled. OF THE TOTAL REVENUE COLLECTED, THE COMPTROLLER SHALL RETAIN AN AMOUNT EQUAL TO TWO PERCENT OF THE TOTAL OF SUCH REVENUES COLLECTED IN THE PRIOR CALENDAR YEAR, TO BE DISTRIBUTED TO THE COMMISSIONER, AS NEEDED, FOR USE UNDER THE BEVERAGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1018 OF THIS TITLE. After reserving the [amount] AMOUNTS to pay refunds AND FOR USE UNDER THE BEVERAGE CONTAINER ASSISTANCE PROGRAM, the comptroller must, by the tenth day of each month, pay into the state treasury to the credit of the general fund the revenue deposited under this subdivision during the preceding calendar month and remaining to the comptroller's credit on the last day of that preceding month; provided, however, that, beginning April first, two thousand thirteen, nineteen million dollars, and all fiscal years thereafter, twenty-three million dollars plus all funds received from the payments due each fiscal year pursuant to subdi- vision four of this section in excess of the greater of the amount received from April first, two thousand twelve through March thirty- first, two thousand thirteen or one hundred twenty-two million two hundred thousand dollars, shall be deposited to the credit of the envi- ronmental protection fund established pursuant to section ninety-two-s of the state finance law. § 8. Section 27-1018 of the environmental conservation law, as added by section 13 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: § 27-1018. Beverage container assistance program. Notwithstanding any other provision of law to the contrary, WITHIN THE AMOUNTS RETAINED BY THE COMPTROLLER FOR USE UNDER THE BEVERAGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SUBDIVISION FIVE OF SECTION 27-1012 OF S. 237--A 8 THIS TITLE, AND within the limits of ANY ADDITIONAL appropriations therefor, the commissioner shall make state assistance payments to muni- cipalities, businesses and not-for-profit organizations located in the state, UPON REQUEST OR OTHERWISE PURSUANT TO THE DISCRETION OF THE COMMISSIONER, for the cost of reverse vending machines located or to be located in the state. Such state assistance payments shall not exceed fifty percent of the costs of equipment, and/or the acquisition and/or rehabilitation of real property or structures located or to be located in the state related to the collecting, sorting, and packaging of empty beverage containers subject to the provisions of this title. Such payments may include costs related to the establishment of redemption centers, including mobile redemption centers. For the purposes of this section, municipalities and not-for-profit organizations shall have the meaning as defined in section 54-0101 of this chapter and businesses shall mean a dealer, distributor or redemption center as defined in this title [that employs less than fifty employees]. § 9. This act shall take effect immediately; provided, however, that sections one, two, three, four, five, and six of this act shall take effect one year after the date upon which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date. S T A T E O F N E W Y O R K ________________________________________________________________________ 4246--A 2023-2024 Regular Sessions I N S E N A T E February 6, 2023 ___________ Introduced by Sens. HARCKHAM, KAVANAGH, ADDABBO, BRESLIN, BROUK, CHU, CLEARE, COMRIE, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, KRUEGER, LIU, MAY, MAYER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said commit- tee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to enacting the packaging reduction and recycling infrastructure act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "packaging reduction and recycling infrastructure act". § 2. Article 27 of the environmental conservation law is amended by adding a new title 34 to read as follows: TITLE 34 PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT SECTION 27-3401. DEFINITIONS. 27-3403. SELECTION OF THE PACKAGING REDUCTION ORGANIZATION. 27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION ORGANIZATION. 27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN. 27-3409. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL. 27-3411. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL. 27-3413. FUNDING MECHANISM. 27-3415. COLLECTION AND CONVENIENCE. 27-3417. PRODUCER RESPONSIBILITIES. 27-3419. DEPARTMENT RESPONSIBILITIES. 27-3421. STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT. 27-3423. EDUCATION AND OUTREACH PROGRAM. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08868-07-3 S. 4246--A 2 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS. 27-3427. NON-REUSABLE PACKAGING REDUCTION STANDARDS. 27-3429. RECYCLED CONTENT STANDARDS. 27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIRE- MENTS. 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL. 27-3435. PENALTIES AND ENFORCEMENT. 27-3437. RULES AND REGULATIONS. 27-3439. STATE PREEMPTION. 27-3441. OTHER ASSISTANCE PROGRAMS. 27-3443. SEVERABILITY. § 27-3401. DEFINITIONS. AS USED IN THIS TITLE: 1. "ADVISORY COUNCIL" OR "COUNCIL" MEANS THE PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL ESTABLISHED UNDER SECTION 27-3411 OF THIS TITLE. 2. "BEVERAGE CONTAINER" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN SUBDIVISION TWO OF SECTION 27-1003 OF THIS ARTICLE. 3. "BRAND" MEANS ANY MARK, WORD, NAME, SYMBOL, DESIGN, DEVICE, OR GRAPHICAL ELEMENT OR A COMBINATION THEREOF, INCLUDING A REGISTERED OR UNREGISTERED TRADEMARK, THAT IDENTIFIES AND DISTINGUISHES A PRODUCT FROM OTHER PRODUCTS. 4. "CONTAMINATION" MEANS: (A) THE PRESENCE OF MATERIALS IN A GIVEN COLLECTED MATERIAL STREAM THAT ARE NOT ON THE MINIMUM RECYCLABLES LIST MAINTAINED BY THE DEPART- MENT; OR (B) THE PRESENCE OF MATERIALS IN A GIVEN RECYCLED MATERIAL DELIVERED AS A FEEDSTOCK OR COMMODITY THAT ARE NOT SPECIFIED OR ACCEPTED AS A COMPONENT OF THE FEEDSTOCK OR COMMODITY. 5. "DISCARDED", "DISCARDS", "GENERATED" OR "GENERATION" MEANS PACKAG- ING MATERIAL THAT HAS BEEN USED FOR ITS INTENDED PURPOSE AND IS NO LONG- ER NEEDED BY CONSUMERS, BUSINESSES, INSTITUTIONS, AND OTHER USERS, AND CAN BE MANAGED THROUGH REUSE, RECYCLING, OR DISPOSAL. 6. "DISPOSAL" MEANS THE LANDFILLING OR INCINERATION OF MATERIAL OR PRODUCTS. "DISPOSAL" SHALL ALSO INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, INCINERATION, COMBUSTION, PYROLYSIS, GASIFICATION, OR SOLVOLYSIS, WASTE-TO-ENERGY, OR WASTE-TO-FUEL, OR ANY OTHER CHEMICAL CONVERSION PROCESS. "DISPOSAL" SHALL ALSO INCLUDE THE USE OF MATERIALS AS LANDFILL COVER. 7. "ECO-MODULATION" MEANS STRUCTURING PROGRAM FEES IN A WAY TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES TO REDUCE WASTE AT THE SOURCE, INCREASE RECYCLABILITY OF PACKAGING MATERIALS, PROMOTE REUSABLE PACKAG- ING PRODUCTS, INCLUDING THOSE THAT ARE CONTAINED WITHIN A REUSE AND REFILL SYSTEM, DISCOURAGE AND DECREASE CONTAMINATION, DISINCENTIVIZE DESIGNS OR PRACTICES THAT INCREASE THE COSTS AND ADVERSE ENVIRONMENTAL IMPACTS OF MANAGING THE PACKAGING MATERIALS, AND ENCOURAGE DESIGNS AND PROCESSES THAT IMPROVE AND FACILITATE DEVELOPMENT OF INFRASTRUCTURE AND SYSTEMS FOR SOURCE REDUCTION, REUSE, RECYCLING, AND COMPOSTING. 8. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN SUBDIVISION FIVE OF 75-0101 OF THIS CHAPTER. 9. "LOCAL GOVERNMENT" MEANS ANY MUNICIPAL CORPORATION, GOVERNMENTAL SUBDIVISION OF THE STATE, LOCAL GOVERNMENT UNIT, SPECIAL DISTRICT, SCHOOL, LOCAL OR REGIONAL BOARD, COMMISSION, OR AUTHORITY AUTHORIZED BY LAW TO PLAN OR PROVIDE FOR WASTE MANAGEMENT SERVICES FOR A SPECIFIC GEOGRAPHICAL AREA. S. 4246--A 3 10. "PACKAGING MATERIAL" OR "MATERIAL" MEANS A DISCRETE MATERIAL OR CATEGORY OF MATERIAL, REGARDLESS OF RECYCLABILITY, INCLUDING BUT NOT LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEXIBLE, FOAM, OR RIGID MATERI- AL, INCLUDING PAPER, CARDBOARD, PLASTIC, GLASS, METAL, OR MULTI-MATERI- AL, THAT IS USED FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION, OR PRESENTATION OF ANOTHER PRODUCT THAT IS SOLD, OFFERED FOR SALE, IMPORTED, OR DISTRIBUTED IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION, AND SINGLE-USE PLASTIC PRODUCTS THAT FREQUENT THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC PRODUCTS THAT HAVE THE EFFECT OF DISRUPTING RECYCLING PROCESSES, INCLUDING, BUT NOT LIMITED TO, SINGLE-USE PLASTIC ITEMS SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND PLASTIC BAGS. PACKAGING MATERIAL DOES NOT INCLUDE: (A) MEDICAL DEVICES AND PACKAGING WHICH ARE INCLUDED WITH PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE, OR DIETARY SUPPLEMENT BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E) OF 21 U.S. CODE OF FEDERAL REGULATIONS, OR THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT; (B) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG- NOSTIC KITS, AND OTHER PRODUCTS OR BIOLOGICAL ORIGIN, AND OTHER PACKAG- ING MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159; (C) PACKAGING REGULATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7 U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE, OR REGULATION; (D) PACKAGING USED TO CONTAIN HAZARDOUS OR FLAMMABLE PRODUCTS REGU- LATED BY THE 2012 FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION HAZARD COMMUNICATIONS STANDARD (29 C.F.R. 1910.1200); (E) BEVERAGE CONTAINERS SUBJECT TO A RETURNABLE CONTAINER DEPOSIT UNDER TITLE TEN OF THIS ARTICLE; (F) INFANT FORMULA AS DEFINED IN SECTION 321(Z) OF TITLE 21 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS; (G) MEDICAL FOODS AS DEFINED IN SECTION 360EE(B)(3) OF TITLE 21 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS; AND (H) ARCHITECTURAL PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO TITLE TWENTY OF THIS ARTICLE. 11. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION" MEANS A REGISTERED 501(C)(3) NOT-FOR-PROFIT CHARITABLE ORGANIZATION, PURSUANT TO 26 U.S.C. 501(C)(3) UNDER CONTRACT WITH THE DEPARTMENT AND AUTHORIZED TO COLLECT PRODUCER FEES, ASSIST PRODUCERS WITH COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, PROVIDE TECHNICAL ASSISTANCE TO PRODUCERS AND IMPLEMENT THE PROGRAM. 12. "PACKAGING REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS A DOCU- MENT IN WHICH AN ORGANIZATION DESCRIBES THE EFFORTS IT WILL UNDERTAKE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE. 13. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM" MEANS THE PROGRAM IMPLEMENTED BY AN ORGANIZATION, AND OVERSEEN BY THE DEPARTMENT, TO COMPLY WITH AND IMPLEMENT THE PROVISIONS OF THIS TITLE. 14. "POST-CONSUMER RECYCLED MATERIAL" MEANS NEW MATERIAL PRODUCED USING MATERIAL RESULTING FROM RECYCLING. 15. "PRIMARY PACKAGING" MEANS THE PACKAGING IN DIRECT CONTACT WITH THE PRODUCT ITSELF, ALSO SOMETIMES REFERRED TO AS A CONSUMER UNIT. 16. "PRODUCER" MEANS THE FOLLOWING ENTITIES, OTHER THAN LOCAL GOVERN- MENTS, STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT, FOR COMPLIANCE WITH THE REQUIREMENTS FOR PACKAGING MATERIALS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN OR INTO THIS STATE: S. 4246--A 4 (A) FOR PACKAGING MATERIALS SOLD OR SERVED TO CONSUMERS AT A PHYSICAL RETAIL LOCATION IN THIS STATE: (I) IF THE PACKAGING MATERIALS ARE SOLD OR SERVED UNDER THE MANUFAC- TURER'S OWN BRAND OR ARE SOLD OR SERVED IN PACKAGING MATERIALS THAT LACK IDENTIFICATION OF A BRAND, THE PRODUCER OF THE PACKAGING MATERIALS IS THE PERSON THAT MANUFACTURES THE PRODUCT; (II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, THE PRODUC- ER OF THE PACKAGING MATERIALS IS THE PERSON THAT IS THE LICENSEE OF A BRAND OR TRADEMARK UNDER WHICH A PRODUCT IS SOLD OR SERVED TO A CONSUMER IN OR INTO THIS STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED IN THIS STATE, UNLESS THE MANUFACTURER OF THE PACKAGING MATERIALS HAS AGREED TO ACCEPT RESPONSIBILITY; WHERE THE PRODUCER IS A BUSINESS OPER- ATED WHOLLY OR IN PART AS A FRANCHISE, THE PRODUCER IS THE FRANCHISOR, IF SUCH FRANCHISOR HAS FRANCHISEES THAT ARE RESIDENT IN THE STATE; (III) IF THERE IS NO PERSON AS DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH WITHIN THE UNITED STATES, THE PRODUCER OF THE PACKAG- ING MATERIAL IS THE PERSON WHO IMPORTS THE PRODUCT INTO THE UNITED STATES FOR USE IN A COMMERCIAL ENTERPRISE THAT SELLS, OFFERS FOR SALE, OR DISTRIBUTES THE PRODUCT TO CONSUMERS IN THIS STATE. (B) FOR PRODUCTS SOLD OR DISTRIBUTED TO CONSUMERS IN PACKAGING MATERI- ALS IN OR INTO THIS STATE VIA REMOTE SALE OR DISTRIBUTION: (I) THE PRODUCER OF PACKAGING MATERIALS USED TO DIRECTLY PROTECT OR CONTAIN THE PRODUCT IS THE SAME AS THE PRODUCER DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION. (II) THE PRODUCER OF PACKAGING MATERIALS USED TO SHIP THE PRODUCT TO A CONSUMER IS THE PERSON THAT MANUFACTURERS THE SHIPPING MATERIAL. 17. "PRODUCT LINE" MEANS A GROUP OF RELATED PRODUCTS ALL MARKETED UNDER A SINGLE BRAND THAT IS SOLD BY THE SAME PRODUCER TO DISTINGUISH PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS. 18. "RECYCLABLE" MEANS A PACKAGING MATERIAL THAT MEETS THE CRITERIA IN SECTION 27-3431 OF THIS TITLE. 19. "RECYCLED" MEANS THE USE OF DISCARDED PACKAGING MATERIALS OR PRODUCTS IN THE PRODUCTION OF A NEW PRODUCT OR PACKAGING IN PLACE OF VIRGIN MATERIALS. "RECYCLED" MATERIAL DOES NOT INCLUDE CONTAMINANTS, RESIDUES, AND OTHER PROCESS LOSSES OR USE OF MATERIALS AS LANDFILL COVER. 20. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS, COMPONENTS OR COMMODITIES CONTAINED IN DISCARDS FOR THE PURPOSE OF PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE IN NEW PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE: (A) ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING BUT NOT LIMITED TO, COMBUSTION, INCINERATION, PYROLYSIS, GASIFICATION, SOLVOLYSIS, OR WASTE-TO-FUEL; (B) ANY CHEMICAL CONVERSION PROCESS; OR (C) LANDFILL DISPOSAL. 21. "RECYCLING RATE" MEANS THE PERCENTAGE OF ANY GIVEN PACKAGING TYPE THAT IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR ANY PACKAGING MATE- RIAL SHALL BE CALCULATED AS THE TOTAL WEIGHT OF PACKAGING THAT IS RECY- CLED IN A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF PACKAGING MATERIAL GENERATED IN THAT YEAR. MATERIAL LOSSES, INCLUDING CONTAMINANTS AND RESIDUES, ACCRUING DURING COLLECTION, PROCESSING AND MANUFACTURING NEW PRODUCTS DO NOT COUNT AS RECYCLED AND SHALL NOT BE INCLUDED IN THE NUMERATOR OF THE EQUATION. 22. "REUSE" MEANS THE RETURN OF PACKAGING BACK INTO THE ECONOMIC STREAM FOR USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE ORIGINAL PACKAGING, WITHOUT EFFECTUATING A CHANGE IN THE ORIGINAL COMPOSITION OF THE PACKAGE, THE IDENTITY OF THE PRODUCT, OR THE COMPONENTS THEREOF. S. 4246--A 5 23. "REUSE AND REFILL SYSTEM" MEANS A PROGRAM OR SET OF MECHANISMS DESIGNED TO FACILITATE MULTIPLE USES OF PACKAGING. MECHANISMS MAY INCLUDE, BUT ARE NOT LIMITED TO, DEPOSITS, INCENTIVES, CURBSIDE COLLECTION, COLLECTION KIOSKS, REFILL STATIONS, DISHWASHING FACILITIES, AND RE-DISTRIBUTION NETWORKS. 24. "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS PACKAGING MATERIAL AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND MANUFACTURED TO MAINTAIN SHAPE AND STRUCTURE, AND BE MATERIALLY DURABLE FOR REPEATED SANITIZING, WASHING, AND REUSE. 25. "TOXIC PACKAGING TASK FORCE" MEANS THE TOXIC PACKAGING TASK FORCE ESTABLISHED BY SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE. 26. "TOXIC SUBSTANCES" MEANS A CHEMICAL OR CHEMICAL CLASS IDENTIFIED BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERNMENTAL AGEN- CY, ACCREDITED RESEARCH UNIVERSITY, OR OTHER SCIENTIFIC ENTITY DEEMED AUTHORITATIVE BY THE DEPARTMENT ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS BEING ONE OR MORE OF THE FOLLOWING: (A) A CHEMICAL OR CHEMICAL CLASS THAT IS A CARCINOGEN, MUTAGEN, REPRO- DUCTIVE TOXICANT, IMMUNOTOXIN, NEUROTOXICANT, OR ENDOCRINE DISRUPTOR. (B) A CHEMICAL OR CHEMICAL CLASS THAT IS PERSISTENT OR BIOACCUMULA- TIVE. (C) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM THE NORMAL DEVELOPMENT OF A FETUS OR CHILD OR CAUSE OTHER DEVELOPMENTAL TOXICITY IN HUMANS OR WILDLIFE. (D) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM ORGANS OR CAUSE OTHER SYSTEMIC TOXICITY. (E) A CHEMICAL OR CHEMICAL CLASS THAT MAY HAVE ADVERSE AIR QUALITY IMPACTS, ADVERSE ECOLOGICAL IMPACTS, ADVERSE SOIL QUALITY IMPACTS, OR ADVERSE WATER QUALITY IMPACTS. (F) A CHEMICAL OR CHEMICAL CLASS THAT THE DEPARTMENT HAS DETERMINED HAS EQUIVALENT TOXICITY TO THE ABOVE CRITERIA. § 27-3403. SELECTION OF THE PACKAGING REDUCTION ORGANIZATION. 1. UNTIL THE DATE WHICH IS TEN YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, THERE SHALL BE ONLY ONE PACKAGING REDUCTION ORGANIZATION AND ALL PRODUCERS SHALL BE REQUIRED TO REGISTER WITH SUCH PACKAGING REDUCTION ORGANIZATION. 2. CONSISTENT WITH THE REQUIREMENTS OF THIS TITLE, WITHIN FIFTEEN MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL SELECT AND ENTER INTO A CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION TO ACT AS THE INITIAL ORGANIZATION IN ORDER TO OPERATE THE PACKAGING REDUCTION AND RECYCLING PROGRAM. 3. WITHIN NINE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AND CONSIST- ENT WITH APPLICABLE COMPETITIVE BIDDING REQUIREMENTS UNDER STATE PURCHASING LAWS, THE DEPARTMENT SHALL ISSUE A REQUEST FOR PROPOSALS FOR THE OPERATION OF THE PACKAGING REDUCTION AND RECYCLING PROGRAM. THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION: (A) A DESCRIPTION OF HOW THE BIDDER WILL ADMINISTER THE PROGRAM, INCLUDING THE MECHANISMS AND PROCESSES FOR PROVIDING ASSISTANCE TO PRODUCERS TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS TITLE; (B) THE MECHANISMS AND PROCESSES THE BIDDER WILL USE TO COMPILE INFOR- MATION FROM PRODUCERS; (C) HOW THE BIDDER INTENDS TO MANAGE AND ACCOUNT FOR ALL PROGRAM RELATED FUNDS WHICH PASS THROUGH THE ORGANIZATION, INCLUDING HOW TIMELY REIMBURSEMENTS TO LOCAL GOVERNMENTS WILL BE PROVIDED; (D) A FINANCIAL ASSURANCE PLAN THAT ENSURES ALL PROGRAM FUNDS HELD BY THE ORGANIZATION ARE IMMEDIATELY AND EXCLUSIVELY FORFEITED AND TRANS- S. 4246--A 6 FERRED TO OR OTHERWISE MADE IMMEDIATELY AVAILABLE TO THE DEPARTMENT IF THE ORGANIZATION'S CONTRACT WITH THE DEPARTMENT IS TERMINATED BY THE DEPARTMENT, OR EXPIRES; (E) A PROPOSED BUDGET OUTLINING THE ANTICIPATED COSTS OF OPERATING THE PROGRAM AND A DESCRIPTION OF THE METHOD BY WHICH THE BIDDER INTENDS TO DETERMINE AND COLLECT PRODUCER PAYMENTS DURING THE INITIAL STARTUP PERI- OD; AND (F) ANY OTHER ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT. 4. IF, AT THE CLOSE OF THE COMPETITIVE BIDDING PROCESS UNDER SUBDIVI- SION THREE OF THIS SECTION, THE DEPARTMENT DETERMINES THAT NO BIDDER HAS SUBMITTED, IN ACCORDANCE WITH SUCH SUBDIVISION, A PROPOSAL THAT MEETS THE REQUIREMENTS OF THIS SECTION, THE DEPARTMENT SHALL OPERATE THE PROGRAM BY ITSELF OR DESIGNATE A STATE PUBLIC BODY TO OPERATE THE PROGRAM. 5. IF AFTER RECOMMENDATION BY THE ADVISORY COUNCIL PURSUANT TO SUBDI- VISION TEN OF SECTION 27-3411 OF THIS TITLE THE DEPARTMENT DETERMINES THAT IT WOULD BE BENEFICIAL FOR THERE TO BE ADDITIONAL ORGANIZATIONS IMPLEMENTING THE PROGRAM, BEGINNING TEN YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT MAY ISSUE A REQUEST FOR PROPOSALS FOR ADDITIONAL ORGANIZATIONS IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS SECTION. SHOULD THE DEPARTMENT DETERMINE TO HAVE ADDITIONAL ORGAN- IZATIONS, THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ENSURE CONSISTENCY AND COORDINATION BETWEEN ALL ORGANIZATIONS. § 27-3405. RESPONSIBILITIES OF PACKAGING REDUCTION ORGANIZATION. 1. PRODUCERS SHALL REGISTER WITH A PACKAGING REDUCTION ORGANIZATION TO MEET THE RESPONSIBILITIES OF THE PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION. 2. EACH PACKAGING REDUCTION ORGANIZATION SHALL: (A) DEVELOP A PACKAGING REDUCTION AND RECYCLING PLAN AND SUBMIT SUCH PLAN TO THE ADVISORY COUNCIL FOR REVIEW AND COMMENT, AND AFTER ANY MODIFICATIONS IN RESPONSE TO SUCH COMMENTS, SUBMIT THE PLAN TO THE COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE; (B) COLLECT AND COMPILE DATA FROM PRODUCERS AS REQUIRED BY SECTION 27-3417 OF THIS TITLE; (C) COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3413 OF THIS TITLE; (D) REIMBURSE THE DEPARTMENT AND ANY OTHER RELEVANT STATE AGENCIES FOR THE COSTS ASSOCIATED WITH CONDUCTING THE STATEWIDE NEEDS ASSESSMENT REQUIRED BY SECTION 27-3421 OF THIS TITLE, THE ADMINISTRATION OF THE PROGRAM BY THE DEPARTMENT, AND THE EXPENSES OF THE ADVISORY COUNCIL AND THE TOXIC PACKAGING TASK FORCE; (E) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA- NIES FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF REDUCTION, REFILL, AND REUSE PROGRAMS, AND THE COLLECTION, TRANSPORTATION AND RECY- CLING, DISPOSAL OR OTHER PROCESSING OF PACKAGING MATERIALS; (F) OFFER TECHNICAL SUPPORT TO PRODUCERS, WITH AN EMPHASIS ON SUPPORT TO SMALL BUSINESSES, TO ASSIST THEM WITH COMPLIANCE WITH THE REQUIRE- MENTS OF THIS TITLE, INCLUDING INFORMATION ABOUT PROCURING AFFORDABLE ALTERNATIVES TO NON-COMPLIANT PACKAGING AND REDUCING PACKAGING. 3. ANNUALLY, EACH ORGANIZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT, AT A MINIMUM, MUST INCLUDE THE FOLLOWING INFORMATION: (A) CONTACT INFORMATION FOR THE ORGANIZATION; (B) A LIST OF ALL (I) PRODUCERS, (II) BRANDS, AND (III) PRODUCTS THAT EACH PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES INTO THE STATE THAT ARE CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN OR S. 4246--A 7 USING PACKAGING, IN EACH CASE IDENTIFIED BY THE UNIVERSAL PRODUCT CODE (UPC) IF THE PRODUCT HAS ONE; (C) THE TOTAL AMOUNT, BY BOTH WEIGHT AND NUMBER OF UNITS, OF EACH TYPE OF PACKAGING MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANS- PORT, DISTRIBUTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED INTO THE STATE BY EACH INDIVIDUAL PRODUCER DURING THE PRIOR CALENDAR YEAR; (D) THE TOTAL AMOUNT, BY BOTH WEIGHT AND NUMBER OF UNITS, OF EACH MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANSPORT, DISTRIB- UTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED INTO THE STATE BY ALL PRODUCERS DURING THE PRIOR CALENDAR YEAR; (E) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA- TION DURING THE PRIOR CALENDAR YEAR; (F) A LIST OF PRODUCERS REASONABLY BELIEVED TO BE OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, AND THE REASON THE ORGANIZATION REASONABLY BELIEVES THE PRODUCER TO BE OUT OF COMPLIANCE. INFORMATION ON NON-COMPLIANT PRODUCERS SHALL BE PROVIDED TO THE COMMISSIONER AND RECYCLING INSPECTOR GENERAL'S OFFICE IN A TIMELY FASHION AND FOR POSSI- BLE ENFORCEMENT ACTION BY THE OFFICE; (G) A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY THE ORGANIZATION IN THE PRIOR CALENDAR YEAR, AND HOW THOSE EFFORTS WERE DESIGNED TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING OF PACKAGING MATERIALS; (H) AN ASSESSMENT OF WHETHER THE FEE STRUCTURE ADOPTED BY THE DEPART- MENT PURSUANT TO SECTION 27-3413 OF THIS TITLE HAS BEEN EFFECTIVE IN INCENTIVIZING IMPROVEMENTS TO THE DESIGN OF PACKAGING MATERIAL, INCLUD- ING ACTUAL REDUCTION OF PACKAGING, INCREASES IN REUSABLE AND REFILLABLE PACKAGING, RECYCLING RATES FOR PACKAGING MATERIALS, AND DECREASES IN THE AMOUNT OF PACKAGING; (I) A DESCRIPTION OF THE REIMBURSEMENTS AND EXPENDITURES MADE PURSUANT TO SECTION 27-3413 OF THIS TITLE; (J) AUDITED FINANCIAL STATEMENTS; (K) THE RESULTS OF THE REVIEW CONDUCTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND (L) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT. 4. EACH ORGANIZATION SHALL CONDUCT AN ANNUAL REVIEW PROCESS TO DETER- MINE WHETHER PACKAGING MATERIALS ARE RECYCLABLE. THIS REVIEW SHALL BE CONDUCTED IN CONSULTATION WITH REPRESENTATIVES OF END MARKETS, INCLUDING RECYCLED COMMODITIES BROKERS AND MANUFACTURERS WHO PURCHASE POST-CONSUM- ER MATERIAL FOR USE IN MANUFACTURING NEW PRODUCTS, AND IN CONSULTATION WITH LOCAL GOVERNMENTS. FOR THE PURPOSES OF CALCULATING PRODUCER PAYMENTS AND LOCAL GOVERNMENT REIMBURSEMENTS IN ACCORDANCE WITH THIS TITLE, THIS ANNUAL PROCESS SHALL INCLUDE A TRANSITIONAL PERIOD BETWEEN THE DATE THE DETERMINATION IS FINALIZED AND THE DATE IT GOES INTO EFFECT. 5. EACH ORGANIZATION SHALL CONDUCT PUBLIC OUTREACH AND PROVIDE CONSUM- ERS WITH EDUCATIONAL AND INFORMATIONAL MATERIALS RELATED TO REDUCING THE AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN THE STATE AS OUTLINED IN SECTION 27-3423 OF THIS TITLE. 6. EACH ORGANIZATION SHALL OPERATE A PROGRAM THAT PROVIDES FOR COLLECTION CONVENIENCE AS DESCRIBED IN SECTION 27-3415 OF THIS TITLE. 7. EACH ORGANIZATION SHALL NOT SPEND FUNDS ON LOBBYING OR CAMPAIGN CONTRIBUTIONS TO ANY CANDIDATES RUNNING FOR OFFICE. 8. AN ORGANIZATION SHALL NOT SHARE, EXCEPT WITH THE DEPARTMENT, THE ADVISORY COUNCIL, AND THE TOXIC PACKAGING TASK FORCE, OR AS REQUIRED BY S. 4246--A 8 LAW, ANY PROPRIETARY INFORMATION THAT IS IDENTIFIED BY A PRODUCER AS PROPRIETARY INFORMATION. § 27-3407. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN. 1. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE, THE INITIAL PACKAGING REDUCTION ORGANIZATION, SHALL DEVELOP AND SUBMIT A PACKAGING REDUCTION AND RECYCLING PLAN ON IMPLEMENTATION OF THE RULES AND REGU- LATIONS OF THIS TITLE, INCLUDING ENSURING TIMELY DISBURSEMENTS TO LOCAL GOVERNMENTS, TO THE DEPARTMENT FOR APPROVAL. THE PLAN SHALL BE SUBMITTED TO THE ADVISORY COUNCIL FOR REVIEW PURSUANT TO SECTION 27-3411 OF THIS TITLE PRIOR TO THE DEPARTMENT'S APPROVAL. ANY SUBSEQUENT OR ADDITIONAL ORGANIZATION SHALL DEVELOP AND SUBMIT A PACKAGING REDUCTION AND RECYCL- ING PLAN AND COMPLY WITH ALL THE REQUIREMENTS OF THIS SECTION, AND HAVE SUCH PLAN APPROVED PURSUANT TO SECTION 27-3409 OF THIS TITLE. 2. THE PLAN SHALL COVER FIVE YEARS AND BE 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 PURSUANT TO SECTION 27-3419 OF THIS TITLE. 3. EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS AFTER THE DATE THE PLAN FOR THE INITIAL ORGANIZATION IS APPROVED AND IN NO EVENT LATER THAN THREE YEARS OF THE EFFECTIVE DATE OF THIS TITLE. IF NO PLAN IS APPROVED BY THAT TIMEFRAME, THE PRODUCER SHALL BE SUBJECT TO PENALTIES FOR NONCOMPLIANCE. 4. ANY PERSON THAT BECOMES A PRODUCER AFTER THE PLAN FOR THE INITIAL ORGANIZATION IS APPROVED SHALL REGISTER WITH A PACKAGING REDUCTION ORGANIZATION AND BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS THEREOF OR BE SUBJECT TO PENALTIES FOR NONCOMPLIANCE. 5. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) CONTACT INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE PRODUCER OR PRODUCERS; (B) THE IDENTITY OF THE PRODUCER OR PRODUCERS PARTICIPATING IN THE PLAN; (C) A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF COVERED MATERIALS FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR; (D) A DESCRIPTION OF (I) THE PROPOSED FUNDING MECHANISM, IDENTIFIED IN SECTION 27-3413 OF THIS TITLE, THAT MEETS THE REQUIREMENTS OF THIS TITLE, AND (II) HOW THE ORGANIZATION WILL MAINTAIN A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A FISCALLY PRUDENT AND RESPONSIBLE MANNER; (E) AN OBJECTIVE FORMULA ESTABLISHING A REIMBURSEMENT RATE, WHICH COVERS OBLIGATIONS IDENTIFIED IN THE NEEDS ASSESSMENT AND TAKES INTO ACCOUNT VARIABLE REGIONAL COSTS, FOR PARTICIPATING LOCAL GOVERNMENTS OR PRIVATE SECTOR SERVICE PROVIDERS; (F) A DESCRIPTION OF THE PROCESS FOR PARTICIPATING LOCAL GOVERNMENTS OR PRIVATE SECTOR SERVICE PROVIDERS TO RECOUP REASONABLE COSTS AS ESTAB- LISHED BY THE OBJECTIVE FORMULA, FROM THE PRODUCER OR ORGANIZATION, INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, SORTING, COLLECTION, TRANSPORTATION, PUBLIC EDUCATION, OR PROCESSING COSTS, IF THE ORGANIZA- TION USES EXISTING SERVICES THROUGH A LOCAL GOVERNMENT OR OBTAINS SUCH SERVICES FROM A PRIVATE SECTOR SERVICE PROVIDER, WHICH PROCESS AND RECOUPMENT MAY BE STRUCTURED TO INCENTIVIZE IMPROVEMENTS IN MANAGEMENT OF MATERIALS INCLUDING WITHOUT LIMITATION IN THE MANNER DESCRIBED IN PARAGRAPH (I) OF THIS SUBDIVISION; (G) A DESCRIPTION OF THE CHARACTERISTICS OF EACH TYPE OF PACKAGING MATERIAL THAT IS RELEVANT TO THE ECO-MODULATING FACTORS SET FORTH PURSU- ANT TO SECTION 27-3413 OF THIS TITLE; S. 4246--A 9 (H) IF THE LOCAL GOVERNMENT DOES NOT ELECT TO PROVIDE SERVICE, A DESCRIPTION OF THE PROCESS USED FOR CONTRACTING WITH A PRIVATE SECTOR ENTITY TO PROVIDE SUCH SERVICES AND THE RECOUPMENT OF REASONABLE COSTS, INCLUDING PROCEDURES TO ENSURE THAT SUCH PRIVATE SECTOR ENTITY IS NOT COMPENSATED FOR SUCH SERVICES BY BOTH THE ORGANIZATION AND THE CONSUMER FOR THE SAME SERVICE; (I) HOW THE PRODUCERS AND/OR ORGANIZATION WILL WORK WITH EXISTING WASTE HAULERS, MATERIAL RECOVERY FACILITIES, RECYCLERS, AND LOCAL GOVERNMENTS TO OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL COLLECTION METHODS, IMPROVE EFFICIENCY AND YIELD OF PROCESSING MATERIALS FROM SEPARATE COLLECTION STREAMS, AND INCREASE PACKAGING REDUCTION AND REUSE; (J) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION WILL USE OPEN, COMPETITIVE, AND FAIR PROCUREMENT PRACTICES SHOULD THEY DIRECTLY ENTER INTO CONTRACTUAL AGREEMENTS WITH SERVICE PROVIDERS, INCLUDING MUNICI- PALITIES AND PRIVATE ENTITIES; (K) A DESCRIPTION OF HOW A LOCAL GOVERNMENT WILL PARTICIPATE, ON A VOLUNTARY BASIS, WITH COLLECTION AND HOW EXISTING LOCAL GOVERNMENT RECY- CLING PROCESSING AND COLLECTION INFRASTRUCTURE WILL BE USED; (L) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION PLANS TO MEET THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE; (M) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI- RONMENTALLY SOUND MANAGEMENT PRACTICES; (N) A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM PROCESSORS; (O) A DESCRIPTION OF HOW PRODUCERS ARE COMPLYING WITH AND EXCEEDING THE WASTE REDUCTION, TOXICS, RECYCLING AND POST-CONSUMER CONTENT REQUIREMENTS OF THE TITLE; (P) A DESCRIPTION OF HOW THE ORGANIZATION WILL STRATEGICALLY INVEST IN EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVEL- OPMENT IN THE STATE IN CONSULTATION WITH THE DEPARTMENT AND IN A MANNER NOT INCONSISTENT WITH THE NEEDS ASSESSMENT, INCLUDING, BUT NOT LIMITED TO, INSTALLING OR UPGRADING EQUIPMENT TO IMPROVE SORTING OF COVERED MATERIALS OR MITIGATING THE IMPACTS OF MATERIALS 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 RESIDENTS; (R) A DESCRIPTION OF THE ORGANIZATION'S PUBLIC OUTREACH EDUCATION PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS; (S) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND ADDRESSED IN THE DEVELOPMENT OF THE PLAN; AND (T) A DETAILED DESCRIPTION OF HOW THE ORGANIZATION CONSULTED WITH THE ADVISORY COUNCIL, THE PUBLIC, AND OTHER STAKEHOLDERS IN THE DEVELOPMENT OF THE PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT, AND TO WHAT EXTENT THE ORGANIZATION SPECIFICALLY INCORPORATED THE ADVISORY COUNCIL'S INPUT INTO THE PLAN. 6. THE ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY COUNCIL A REASON- ABLE PERIOD OF TIME TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT IN ACCORDANCE WITH SECTION 27-3409 OF THIS TITLE WHICH SHALL IN NO EVENT BE LESS THAN SIXTY DAYS. THE ORGAN- IZATION SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY COUNCIL AND SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE S. 4246--A 10 PLAN, AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH COMMENTS. § 27-3409. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL. 1. BEFORE APPROVAL OR DENIAL OF A PACKAGING REDUCTION AND RECYCLING PLAN CAN BE MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER OR ORGAN- IZATION SHALL SUBMIT THE PLAN TO THE PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL. THE ADVISORY COUNCIL SHALL THEN MAKE A RECOMMENDATION REGARDING APPROVAL OR DISAPPROVAL OF THE PLAN IN ACCORDANCE WITH SECTION 27-3411 OF THIS TITLE. 2. WITHIN SIXTY DAYS OF THE ADVISORY COUNCIL MAKING A RECOMMENDATION TO THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE PLAN, WITH REASONS FOR THE DENIAL. 3. THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI- TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE INTENT OF THIS TITLE; PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN UNLESS SUCH ADDITIONAL REQUIREMENTS ARE IN RELATION TO THE POWER GRANTED TO THE DEPARTMENT SECTION 27-3419 OF THIS TITLE. 4. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE ORGANIZATION SHALL IMPLEMENT THE APPROVED PLAN. THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY TIME FOR CAUSE AND WITH DOCUMENTED JUSTIFICATION. § 27-3411. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL TO RECEIVE AND REVIEW THE PACK- AGING REDUCTION AND RECYCLING PLANS REQUIRED UNDER SECTION 27-3407 OF THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL OF THE PLANS, AND TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZATIONS AND TO MAKE RECOMMENDATIONS TO THE DEPARTMENT AND ORGANIZATIONS AS REQUIRED BY THIS SECTION. 2. THE ADVISORY COUNCIL SHALL CONVENE FOR THE FIRST TIME NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE. THE ADVISORY COUNCIL SHALL BE COMPOSED OF THIRTEEN MEMBERS. SEVEN SHALL BE APPOINTED BY THE COMMISSIONER, THREE SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND THREE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE ADVISORY COUNCIL SHALL INCLUDE AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING: (A) A LOCAL GOVERNMENT ASSOCIATION OR LOCAL GOVERNMENT PROGRAM, INCLUDING AN ADDITIONAL LOCAL GOVERNMENT REPRESENTATIVE FROM CITIES WITH A POPULATION OF ONE MILLION OR MORE RESIDENTS; (B) A STATEWIDE ENVIRONMENTAL ORGANIZATION; (C) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY AFFECTED BY SOLID WASTE INFRASTRUCTURE; (D) AN ENVIRONMENTAL JUSTICE ORGANIZATION; (E) A STATEWIDE WASTE DISPOSAL OR RECYCLING ASSOCIATION; (F) A MATERIALS RECOVERY FACILITY LOCATED WITHIN THE STATE; (G) A RECYCLING COLLECTION PROVIDER; (H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER RECYCLED CONTENT; (I) A CONSUMER ADVOCATE; (J) A RETAILER; (K) A PUBLIC HEALTH SPECIALIST; AND (L) A PRODUCER AND AN ORGANIZATION ESTABLISHED UNDER THIS TITLE AS NON-VOTING MEMBERS. S. 4246--A 11 3. APPOINTMENTS TO THE ADVISORY COUNCIL ARE TERM-LIMITED TO TEN CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR- ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN THREE CONSECUTIVE YEARS. 4. ADVISORY COUNCIL MEMBERS SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT A MEMBER OF THE COMMITTEE WHO IS A STATE OFFICER OR EMPLOYEE MAY RECEIVE HIS OR HER REGULAR COMPENSATION WHILE ENGAGING IN THE BUSINESS OF THE COMMITTEE, BUT SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR ANY ACTUAL, NECESSARY EXPENSES INCURRED IN THE COURSE OF PERFORMING BUSINESS FOR THE COMMITTEE. 5. ALL DECISIONS MADE BY THE ADVISORY COUNCIL SHALL BE DECIDED BY VOTING AND VOTES SHALL ONLY BE VALID WHEN A QUORUM IS PRESENT. A QUORUM SHALL EXIST WHEN GREATER THAN FIFTY PERCENT OF VOTING MEMBERS ARE PRES- ENT. THE ADVISORY COUNCIL SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF THE CHAIR OR BY REQUEST OF MORE THAN HALF THE MEMBERS. THE DECISIONS OF THE ADVISORY COUNCIL SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP. 6. THE COUNCIL SHALL DETERMINE WHETHER THE PLAN SUBMITTED UNDER SECTION 27-3409 OF THIS TITLE MEETS THE CRITERIA AND OBJECTIVES UNDER SUCH SECTION IN MAKING ITS RECOMMENDATION. 7. THE ADVISORY COUNCIL SHALL, WITHIN NINETY DAYS OF THE SUBMISSION OF A PACKAGING REDUCTION AND RECYCLING PLAN, EITHER: (A) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL; OR (B) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS DISAPPROVAL AND STATED REASONS THEREFOR, INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN NECESSARY FOR APPROVAL. 8. AN ORGANIZATION MAY RESUBMIT A PACKAGING REDUCTION AND RECYCLING PLAN FOR APPROVAL AT ANY TIME. UPON SUCH RESUBMISSION, THE ADVISORY COUNCIL SHALL, WITHIN NINETY DAYS, FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL. 9. THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE ORGANIZATION FOR IMPROVING FUTURE ADMINISTRATION OF THE PROGRAM AND COMPLIANCE WITH THIS TITLE. 10. THIRTY MONTHS FROM THE DATE THE DEPARTMENT ADOPTS RULES AND REGU- LATIONS PURSUANT TO THIS TITLE, AND EVERY THREE YEARS THEREAFTER, THE ADVISORY COUNCIL SHALL CONDUCT A REVIEW OF ALL RELEVANT DATA, INCLUDING ANNUAL REPORTS, THE LATEST SCIENTIFIC DATA AVAILABLE, ANY PERTINENT STATEWIDE WASTE AND REUSE DATA, AND ANY OTHER INFORMATION DEEMED IMPOR- TANT, TO MAKE RECOMMENDATIONS TO THE FOLLOWING: (A) ORGANIZATIONS FOR ANY CHANGES IN ADMINISTRATION OF THE PROGRAM, INCLUDING FEEDBACK ON THE EDUCATION AND OUTREACH PROGRAM AS OUTLINED IN SECTION 27-3423 OF THIS TITLE; (B) THE DEPARTMENT FOR ANY NECESSARY CHANGES TO REGULATIONS, THE FUND- ING MECHANISM, REIMBURSEMENT AND EXPENDITURE POLICIES OR WHETHER IT WOULD BE BENEFICIAL FOR THERE TO BE ADDITIONAL ORGANIZATIONS IMPLEMENT- ING THE PROGRAM; AND (C) THE LEGISLATURE FOR RECOMMENDED STATUTORY CHANGES. SUCH RECOMMEN- DATIONS SHALL INCLUDE A RECOMMENDATION AS TO WHETHER TO MODIFY THE DEFI- NITION OF RECYCLING UNDER THIS TITLE. § 27-3413. FUNDING MECHANISM. 1. ALL COSTS OF THE PROGRAM, INCLUDING ADMINISTRATION, ENFORCEMENT, AND ALL OTHER STATE COSTS OF THE PROGRAM AND ORGANIZATIONS' COSTS OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO THOSE COSTS DESCRIBED IN SUBDIVI- SION THREE OF THIS SECTION SHALL BE COVERED BY PRODUCER PAYMENTS. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS IN THE MANNER REQUIRED S. 4246--A 12 BY SECTION 27-3419 OF THIS TITLE SETTING FORTH THE MANNER IN WHICH PRODUCER PAYMENTS ON PACKAGING MATERIALS SHALL BE CALCULATED AND ASSESSED. PAYMENTS SHALL BE CALCULATED BASED ON: (A) THE PACKAGING MATERIAL TYPE; (B) THE QUANTITY OF EACH PACKAGING MATERIAL TYPE, BY WEIGHT, THAT THE PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIBUTES IN THE STATE; (C) ECO-MODULATION, INCLUDING AS DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION. 2. THE LIST OF PACKAGING MATERIAL TYPES FOR WHICH THERE IS A SPECIFIC FEE SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING MATERIAL TYPES: (A) PAPER; (B) CARDBOARD; (C) CORRUGATED CARDBOARD; (D) WOOD; (E) GLASS; (F) POLYETHYLENE TEREPHTHALATE (PET); (G) HIGH DENSITY POLYETHYLENE (HDPE); (H) EXPANDED POLYSTYRENE (EPS); (I) POLYSTYRENE; (J) BIO-PLASTICS; (K) GENERIC PLASTICS; (L) PLASTIC FILM; (M) OTHER PLASTICS; (N) STEEL OR FERROUS; (O) ALUMINUM; (P) TINPLATE; (Q) GENERIC METALS; AND (R) MIXED MATERIALS INCLUDING LAMINATES AND PACKAGING CONTAINING MORE THAN ONE OF THE ABOVE MATERIALS. 3. PACKAGING FEES SHALL BE DESIGNED TO COVER, AT MINIMUM, THE TOTAL COSTS ASSOCIATED WITH: (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER FORM OF RESIDENTIAL SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS DETAILED IN SECTION 27-3415 OF THIS TITLE; (B) THE DEPARTMENT'S AND OTHER STATE AGENCIES' ADMINISTRATION OF THIS TITLE; (C) ORGANIZATIONS' ADMINISTRATION OF THIS TITLE; (D) THE COST ASSOCIATED WITH THE DEVELOPMENT OF THE NEEDS ASSESSMENT, AS REQUIRED IN SECTION 27-3421 OF THIS TITLE; (E) THE COSTS ASSOCIATED WITH THE ADVISORY COUNCIL AND THE TOXIC PACK- AGING TASK FORCE; (F) THE COSTS ASSOCIATED WITH ESTABLISHING PACKAGING REDUCTION AND REUSE INFRASTRUCTURE; (G) THE COST OF PROVIDING RECYCLING SERVICES, INCLUDING THE COLLECTION COST, PROCESSING COST FOR EACH RECYCLABLE MATERIAL, COST OF HANDLING NON-RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF A RECYCLING OPERA- TION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL TYPE; AND (H) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT. 4. THE DEPARTMENT MAY ADJUST FEES TO BE PAID BY PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, FEES SHALL BE VARIABLE BASED ON: (A) COSTS TO PROCESS PACKAGING MATERIALS FOR ACCEPTANCE BY SECONDARY MATERIAL MARKETS; (B) WHETHER THE PACKAGING MATERIAL WOULD TYPICALLY BE READILY-RECYCLA- BLE AS DETERMINED BY THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL, EXCEPT THAT AS A CONSEQUENCE OF THE PACKAGING DESIGN, THE PACK- S. 4246--A 13 AGING PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY METALS OR OTHER TOXIC SUBSTANCES THAT WOULD RESULT IN CONTAMINATION OF THE RECYCL- ING PROCESS; (C) WHETHER THE PACKAGING MATERIAL IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE; (D) THE COMMODITY VALUE OF A PACKAGING MATERIAL, AS DETERMINED BY THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL; AND (E) ANY OTHER FACTORS DETERMINED BY THE DEPARTMENT. 5. THE FEES SHALL BE ADJUSTED, OR THE PRODUCERS MAY BE PROVIDED A CREDIT, BASED UPON THE PERCENTAGE OF POST-CONSUMER RECYCLED MATERIAL CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT SHALL BE VERIFIED BY THE ORGANIZATION OR THROUGH AN INDEPENDENT THIRD PARTY APPROVED TO PERFORM VERIFICATION SERVICES TO ENSURE THAT SUCH PERCENTAGE EXCEEDS THE MINIMUM REQUIREMENTS IN THE PACKAGING, AS LONG AS THE RECY- CLED CONTENT DOES NOT, IN THE DETERMINATION OF THE DEPARTMENT, DISRUPT THE POTENTIAL FOR FUTURE RECYCLING. 6. IN ADDITION TO THE ANNUAL SCHEDULE OF FEES, THE DEPARTMENT FEE SCHEDULE MAY INCLUDE A SPECIAL ASSESSMENT ON SPECIFIC CATEGORIES OF PACKAGING MATERIALS AT THE REQUEST OF RESPONSIBLE ENTITIES REPRESENTING AND APPROVED BY THE ADVISORY COUNCIL IF THE NATURE OF THE PACKAGING MATERIAL IMPOSES UNUSUAL COSTS IN COLLECTION OR PROCESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO RECYCLING OR SUCCESSFUL PROCESSING IN LOCAL GOVERNMENT RECYCLING FACILITIES, AS DETERMINED BY THE DEPARTMENT AFTER CONSULTATION WITH THE ADVISORY COUNCIL. 7. THE PROGRAM CHARGES SHALL BE STRUCTURED TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES TO ENCOURAGE: (A) A REDUCTION IN TOTAL PACKAGING AS MEASURED BY UNIT WEIGHT USED BY PRODUCERS, AND DISCARDED BY CONSUMERS, BUSINESSES, INSTITUTIONS, AND OTHER USERS. WEIGHT REDUCTIONS SHALL NOT BE ACHIEVED BY SUBSTITUTING PLASTIC FOR OTHER MATERIALS TYPES; (B) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT IS MANAGED WITHIN A REUSE AND REFILL SYSTEM; (C) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT IS DEEMED RECYCLABLE AS DETERMINED BY AN ANNUAL REVIEW PROCESS AS DESCRIBED IN SECTION 27-3405 OF THIS TITLE; (D) AN INCREASE IN THE PROPORTION OF A PRODUCER'S TOTAL PACKAGING THAT IS ULTIMATELY RECYCLED; (E) A REDUCTION IN TOXIC COMPONENTS IN PACKAGING MATERIALS; AND (F) A REDUCTION IN LITTER FROM PACKAGING MATERIALS. 8. THERE SHALL BE NO FEE ASSESSED ON PACKAGING THAT IS DESIGNED FOR REUSE AND REFILL AND CONTAINED WITHIN A REUSE OR REFILL SYSTEM. 9. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF AN ORGANIZATION. 10. NO RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS TO FACILITATE A PRODUCER TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS UNDER THIS TITLE. 11. NOTHING IN THIS TITLE SHALL REQUIRE A LOCAL GOVERNMENT TO PARTIC- IPATE IN THE PROGRAM. 12. THE DEPARTMENT SHALL UPDATE AND REVISE THE FEES WITH INPUT FROM THE ADVISORY COUNCIL EVERY THREE YEARS. § 27-3415. COLLECTION AND CONVENIENCE. 1. THE PROGRAM SHALL PROVIDE FOR WIDESPREAD, CONVENIENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE PACKAGING MATERIALS AT NO ADDITIONAL COST. SUCH OPPORTUNITIES SHALL BE PROVIDED TO ALL RESI- S. 4246--A 14 DENTS OF THE STATE IN A MANNER THAT IS AS CONVENIENT AS THE COLLECTION OF MUNICIPAL SOLID WASTE. 2. PARTICIPATION IN THE PROGRAM SHALL NOT RESTRICT A JURISDICTION'S CONSUMER'S ABILITY TO CONTRACT DIRECTLY WITH THIRD PARTIES TO OBTAIN RECYCLING COLLECTION SERVICES IF CONSUMERS HAVE THE OPTION TO ENTER INTO SUCH CONTRACTS AS OF THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE CONSUMER STILL VOLUNTARILY CHOOSES TO CONTRACT DIRECTLY WITH THE THIRD PARTY. THE LOCAL GOVERNMENT SHALL NOT PROVIDE DISBURSEMENT TO SUCH THIRD PARTY SHOULD THE LOCAL GOVERNMENT PROVIDE WIDESPREAD RECYCLING SERVICES EITHER DIRECTLY OR THROUGH A CONTRACT THAT IS DIFFERENT FROM THE CONTRACT WITH SUCH THIRD PARTY, AND THERE SHALL BE PROCEDURES IN PLACE TO ENSURE THAT NO SERVICE PROVIDER IS COMPENSATED MORE THAN ONCE FOR THE SAME SERVICE. 3. ALL LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE PROVIDERS SHALL PROVIDE FOR THE COLLECTION AND RECYCLING OF ALL PACKAGING MATERIALS CONTAINED ON THE MINIMUM RECYCLABLES LISTS, BASED ON GEOGRAPHIC REGIONS, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED, HOWEVER, NOTHING SHALL PENALIZE A LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE FOR RECOVERING AND RECYCLING MATERIALS THAT ARE GENERATED IN THE LOCAL GOVERNMENT OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE MINIMUM RECYCLABLES LISTS AS LONG AS IT CAN BE DEMONSTRATED THAT SUCH MATERIALS HAVE A CONSISTENT REGIONAL MARKET FOR PURCHASE AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION. 4. REIMBURSEMENT SHALL COVER REDUCTION, AS CONTEMPLATED BY SECTION 27-3413 OF THIS TITLE, COLLECTION, PROCESSING, TRANSPORTATION, AND RECY- CLING AND DISPOSAL OF ALL PACKAGING MATERIALS SO LONG AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLABLES LIST. THE DEPARTMENT MAY GRANT AN EXCEPTION OF THE REQUIREMENTS IN THIS SUBDIVISION UPON A WRITTEN SHOWING BY THE LOCAL GOVERNMENT OR PRIVATE RECYCLING SERVICE THAT COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE FOR A SPECIFIC IDEN- TIFIED PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT IS IN THE BEST INTEREST OF THE INTENT OF THIS TITLE TO GRANT AN EXCEPTION; PROVIDED, HOWEVER, THAT ANY SUCH EXCEPTION GRANTED BY THE DEPARTMENT SHALL NOT EXCEED TWELVE MONTHS. 5. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO ENSURE THAT PROGRAM FUNDS SHALL BE USED FOR INVESTMENT IN COLLECTION SYSTEMS, TRANSPORTATION SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS, REDISTRIBUTION SYSTEMS, TECHNOLOGY FOR TRACKING AND DATA COLLECTION, CAPITAL EXPENDI- TURES ON NEW AND EMERGING TECHNOLOGY THAT IS FOCUSED ON REUSABLE AND REFILLABLE PACKAGING, AS WELL AS EQUIPMENT, AND FACILITIES, AND OTHER PROJECTS DETERMINED BY THE DEPARTMENT TO FACILITATE THE GOALS AND OBJECTIVES OF THIS TITLE. 6. NOTHING IN THIS TITLE SHALL BE DEEMED TO AUTOMATICALLY VOID OR NULLIFY ANY COLLECTION CONTRACTS IN EFFECT AS OF THE EFFECTIVENESS OF THIS TITLE. § 27-3417. PRODUCER RESPONSIBILITIES. 1. BEGINNING THIRTY MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE A PRODUCT CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN PACKAGING UNLESS THE PRODUCER IS REGISTERED WITH AN ORGANIZATION AND IN FULL COMPLIANCE WITH ALL REQUIREMENTS OF THIS TITLE. 2. EITHER WHEN THE PRODUCER REGISTERS, OR WITHIN THIRTY MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER AND ANNUALLY THEREAFT- ER, EACH PRODUCER SHALL PROVIDE THE ORGANIZATION WITH THE FOLLOWING INFORMATION: S. 4246--A 15 (A) CONTACT INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE PRODUCER; (B) A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF PACKAGING MATERI- ALS FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR; (C) THE TOTAL AMOUNT, IN UNITS AND WEIGHT, OF EACH TYPE OF PACKAGING MATERIAL SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE INTO THE STATE BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND (D) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT. 3. PRODUCERS ARE RESPONSIBLE FOR PAYMENT OF FEES, THROUGH AN ORGANIZA- TION, BASED ON THE QUANTITY, TYPE OF PACKAGING USED IN THE STATE, AND OTHER FACTORS. 4. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG- ING REDUCTION, POST-CONSUMER CONTENT, AND RECYCLING STANDARDS UNDER THIS TITLE. 5. A PRODUCER SHALL ELECTRONICALLY SUBMIT ANNUALLY, TO BOTH THE DEPARTMENT AND THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION, A WRITTEN DECLARATION SIGNED BY ITS CHIEF EXECUTIVE OFFICER, VERIFYING THE PRODUCER'S COMPLIANCE WITH: (A) THE PACKAGING MATERIAL REDUCTION REQUIREMENTS OF THIS TITLE; (B) THE PACKAGING MATERIAL RECYCLED CONTENT REQUIREMENTS OF THIS TITLE; (C) THE PACKAGING MATERIAL RECYCLING REQUIREMENTS OF THIS TITLE; (D) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE; AND (E) ANY REIMBURSEMENT OBLIGATIONS THEY HAVE TO LOCAL GOVERNMENTS OR THIRD PARTY SERVICE PROVIDERS IN CONNECTION WITH THIS TITLE. 6. A PRODUCER IS EXEMPT FROM THE REQUIREMENTS AND PROHIBITIONS OF THIS TITLE IN A CALENDAR YEAR IN WHICH: (A) THE PRODUCER REALIZED LESS THAN ONE MILLION DOLLARS IN TOTAL GROSS REVENUE DURING THE PRIOR CALENDAR YEAR; OR (B) THE PRODUCER SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE PRODUCTS CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN OR USING LESS THAN ONE TON OF PACKAGING MATERIAL IN TOTAL DURING THE PRIOR CALENDAR YEAR. 7. A PRODUCER CLAIMING AN EXEMPTION PURSUANT TO SUBDIVISION SIX OF THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION. § 27-3419. DEPARTMENT RESPONSIBILITIES. 1. WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL, IN ACCORDANCE WITH SECTION 27-3437 OF THIS TITLE, PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS TITLE, INCLUDING SETTING STANDARDS FOR CONSUMER PROTECTION WHEN THE ORGANIZATION DIRECTLY DISBURSES FUNDS TO THIRD PARTIES. THESE RULES AND REGULATIONS SHALL INCLUDE PROHIBITING CERTAIN PACKAGING TOXINS PURSUANT TO SECTION 27-3425 OF THIS TITLE AND SETTING RECOMMENDED PRODUCERS' PROGRAM FEES, AFTER CONSULTING WITH MULTIPLE STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, BUSINESSES, INSTI- TUTIONS, AND OTHER EXTENDED PRODUCER RESPONSIBILITY PROGRAMS. PROGRAM FEES SHALL BE SET AS REQUIRED BY SECTION 27-3413 OF THIS TITLE. 2. THE DEPARTMENT SHALL REVISE RECOMMENDED PROGRAM FEES EVERY THREE YEARS, BEGINNING THREE YEARS AFTER THE FIRST SET OF PROGRAM FEES IS ESTABLISHED, TO REFLECT NEW DATA RECEIVED ABOUT MATERIAL USE AND MANAGE- MENT, OR WHENEVER THE TARGETS SET IN THIS TITLE ARE NOT MET, TO DRIVE COMPLIANCE WITH SUCH TARGETS. S. 4246--A 16 3. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, AND ANNUALLY THEREAFTER, THE DEPARTMENT SHALL WORK WITH EACH ORGANIZATION TO: (A) CALCULATE THE AMOUNT OF PACKAGING THAT WAS GENERATED DURING THE PRIOR CALENDAR YEAR; (B) CALCULATE THE RECYCLING RATE FOR ALL PACKAGING DURING THE PRIOR CALENDAR YEAR; (C) CALCULATE THE RECYCLING RATE FOR EACH PACKAGING MATERIAL TYPE DURING THE PRIOR CALENDAR YEAR; (D) DEVELOP A LIST OF PRODUCERS REASONABLY BELIEVED TO BE OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE; AND (E) UTILIZE THIS INFORMATION WITH INPUT FROM THE ADVISORY COUNCIL TO PRODUCE AN ANNUAL REPORT TO BE SHARED WITH THE LEGISLATURE AND POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE. 4. IN THE EVENT THAT THE DEPARTMENT DETERMINES THAT THE ORGANIZATION NO LONGER MEETS THE REQUIREMENTS OF THIS TITLE, OR FAILS TO IMPLEMENT AND ADMINISTER THE REQUIREMENTS OF THIS TITLE IN A MANNER THAT EFFECTU- ATES THE PURPOSES OF THIS TITLE, AFTER REASONABLE OPPORTUNITY TO CURE SUCH DEFICIENCIES, THE DEPARTMENT SHALL REVOKE ITS APPROVAL OF SUCH ORGANIZATION AND SHALL EITHER SELECT A NEW ORGANIZATION PURSUANT TO SECTION 27-3403 OF THIS TITLE OR ELECT TO OPERATE THE PROGRAM ITSELF. § 27-3421. STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT. 1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE AND EVERY FIVE YEARS THEREAFTER, THE DEPARTMENT SHALL COMPLETE OR CAUSE TO BE COMPLETED A STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT TO DETERMINE THE CURRENT STATE OF PACKAGING REUSE, RECYCLING, AND DISPOSAL, AND IDENTIFY BARRIERS AND OPPORTUNITIES TO REDUCE THE AMOUNT OF PACKAGING DISCARDED AND DISPOSED OF, AND INCREASE THE REUSA- BILITY AND RECYCLABILITY OF PACKAGING. 2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING: (A) THE CURRENT RECYCLING RATE FOR EACH TYPE OF PACKAGING MATERIAL MATERIAL; (B) THE AMOUNT, BY WEIGHT AND MATERIAL TYPE, OF PACKAGING MATERIAL RECYCLED AT EACH RECYCLING FACILITY THAT ACCEPTS DISCARDED PACKAGING GENERATED IN THE STATE; (C) THE PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND PACKAG- ING MATERIAL CATEGORIES SPECIFICALLY; (D) THE NET COST OF END-OF-LIFE MANAGEMENT OF DISCARDED PACKAGING MATERIAL IN THE STATE, INCLUDING THE COST ASSOCIATED WITH THE COLLECTION, TRANSPORTATION, SORTATION, RECYCLING, LITTERING, LANDFILL- ING, OR INCINERATION OF DISCARDED PACKAGING; (E) THE AVAILABILITY OF OPPORTUNITIES IN THE RECYCLING AND REUSE SYSTEM FOR MINORITY- AND WOMEN-OWNED BUSINESSES; (F) CURRENT BARRIERS AFFECTING RECYCLING ACCESS AND AVAILABILITY IN THE STATE; (G) CURRENT BARRIERS TO THE MARKETABILITY OF RECYCLABLE MATERIALS GENERATED IN THE STATE; (H) OPPORTUNITIES FOR THE CREATION OF PACKAGING MATERIAL REUSE AND REFILL PROGRAMS IN THE STATE; (I) OPPORTUNITIES FOR THE IMPROVEMENT OF PACKAGING MATERIAL RECYCLING IN THE STATE, INCLUDING THE DEVELOPMENT OF END MARKETS FOR RECYCLED PACKAGING MATERIALS. (J) CURRENT BARRIERS AFFECTING THE CREATION AND IMPLEMENTATION OF PACKAGING MATERIAL REUSE AND REFILL PROGRAMS; S. 4246--A 17 (K) CONSUMER EDUCATION NEEDS IN THE STATE WITH RESPECT TO PACKAGING MATERIAL WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY- CLING, AND REUSE AND REFILL SYSTEMS FOR PACKAGING MATERIAL; AND (L) LANDFILL CAPACITY. 3. THE COST INCURRED BY THE DEPARTMENT ASSOCIATED WITH CONDUCTING THE NEEDS ASSESSMENT SHALL BE PAID FOR BY THE ORGANIZATION. 4. THE DEPARTMENT SHALL REPORT THE RESULTS OF THE NEEDS ASSESSMENT TO THE PUBLIC, THE STATE LEGISLATURE, AND THE GOVERNOR, AND SHALL POST THE RESULTS ON ITS WEBSITE. § 27-3423. EDUCATION AND OUTREACH PROGRAM. 1. THE ORGANIZATION SHALL DEVELOP AND IMPLEMENT AN EDUCATIONAL OUTREACH PROGRAM DESIGNED TO EDUCATE THE PUBLIC ABOUT WASTE REDUCTION AND IMPROVE THE EFFECTIVENESS OF LOCAL GOVERNMENT RECYCLING AND, AT A MINIMUM, INCLUDE: (A) EDUCATIONAL AND INFORMATIONAL MATERIALS FOR CONSUMERS RELATED TO REDUCING THE AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN THE STATE; (B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON- MENTAL JUSTICE IMPACTS ASSOCIATED WITH IMPROPER DISPOSAL OF PACKAGING MATERIAL AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS; (C) INFORMATION ON THE PROPER END-OF-LIFE MANAGEMENT OF PACKAGING MATERIAL, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL; (D) THE LOCATION AND AVAILABILITY OF CURBSIDE COLLECTION AND ADDI- TIONAL DROP-OFF COLLECTION OPPORTUNITIES FOR PACKAGING MATERIAL, INCLUD- ING DEPOSIT AND TAKE-BACK PROGRAMS; (E) HOW TO PREVENT LITTER OF PACKAGING MATERIAL IN THE PROCESS OF COLLECTION; (F) RECYCLING INSTRUCTIONS THAT ARE CONSISTENT STATEWIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESS- ING CAPABILITIES, EASY TO UNDERSTAND, AND EASILY ACCESSIBLE; AND (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT. 2. THE EDUCATIONAL OUTREACH PROGRAM SHALL INCORPORATE, AT A MINIMUM, ELECTRONIC, PRINT, WEB-BASED AND SOCIAL MEDIA ELEMENTS, INCLUDING FOR USE BY LOCAL GOVERNMENTS AT THEIR DISCRETION, AS WELL AS INCLUDING A VARIETY OF OUTREACH AND EDUCATION TOOLS. SUCH EDUCATIONAL OUTREACH PROGRAMS SHALL ENSURE MATERIALS ARE WIDELY ACCESSIBLE AND AVAILABLE IN MULTIPLE LANGUAGES. 3. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE COORDINATED WITH AND ASSIST LOCAL GOVERNMENT PROGRAMS, LOCAL GOVERNMENT CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES. 4. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE DEVELOPED TO ENSURE ENVI- RONMENTAL JUSTICE COMMUNITIES RECEIVE TARGETED OUTREACH AND SUPPORT. 5. THE EDUCATIONAL OUTREACH PROGRAM SHALL INCLUDE A PLAN TO WORK WITH PRODUCERS TO LABEL OR MARK PACKAGING MATERIAL, IN ACCORDANCE WITH REASONABLE LABELING STANDARDS, WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS. 6. THE ORGANIZATION SHALL CONSULT WITH LOCAL GOVERNMENTS ON THE DEVEL- OPMENT OF EDUCATIONAL MATERIALS AND MAY COORDINATE WITH LOCAL GOVERN- MENTS ON OUTREACH AND COMMUNICATION. 7. THE ORGANIZATION SHALL BE AUTHORIZED TO PROVIDE PRODUCERS AND RETAILERS WITH EDUCATIONAL MATERIALS RELATED TO THE RESPONSIBLE REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF DISCARDED PACKAGING MATERI- AL. THE EDUCATIONAL AND INFORMATIONAL MATERIALS PROVIDED TO THE RETAILER UNDER THIS SUBDIVISION MAY INCLUDE, BUT NEED NOT BE LIMITED TO, PRINTED MATERIALS, SIGNAGE, TEMPLATES OF MATERIALS THAT CAN BE REPRODUCED BY RETAILERS AND PROVIDED THEREBY TO CONSUMERS AT THE TIME OF A PRODUCT'S S. 4246--A 18 PURCHASE, AND ADVERTISING MATERIALS THAT PROMOTE AND ENCOURAGE CONSUMERS TO PROPERLY REUSE, RECYCLE, OR DISPOSE OF PACKAGING MATERIAL. § 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS. 1. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE ANY PACKAGING CONTAINING ANY OF THE FOLLOW- ING TOXIC SUBSTANCES: (A) ORTHO-PHTHALATES; (B) BISPHENOLS; (C) PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS); (D) HEAVY METALS AND COMPOUNDS, INCLUDING LEAD, HEXAVALENT CHROMIUM, CADMIUM, AND MERCURY; (E) BENZOPHENONE AND ITS DERIVATIVES; (F) HALOGENATED FLAME RETARDANTS; (G) PERCHLORATE; (H) FORMALDEHYDE; (I) TOLUENE; (J) ANTIMONY AND COMPOUNDS; (K) CARBON BLACK; (L) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL); (M) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE; (N) POLYSTYRENE; OR (O) POLYCARBONATE. 2.(A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A TOXIC PACK- AGING TASK FORCE TO REVIEW THE TOXICITY IN PACKAGING IN THE STATE, AND TO RECOMMEND TO THE DEPARTMENT THE DESIGNATION OF ADDITIONAL TOXIC SUBSTANCES WHICH SHALL BE SUBJECT TO THE SAME PROHIBITION AS THOSE SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION. (B) THE TOXIC PACKAGING TASK FORCE SHALL HAVE SEVEN MEMBERS, ONE OF WHOM SHALL BE THE COMMISSIONER OR THEIR DESIGNEE WHO SHALL BE CHAIR, AND ONE OF WHOM SHALL BE THE COMMISSIONER OF HEALTH OR THEIR DESIGNEE. THE OTHER MEMBERS SHALL INCLUDE: (I) A REPRESENTATIVE OF THE PACKAGING INDUSTRY; (II) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE ORGANIZA- TION; AND (III) A REPRESENTATIVE FROM THE CHEMICAL INDUSTRY; ALL OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER. THE REMAINING MEMBERS SHALL BE PERSONS WITH SIGNIFICANT PROFESSIONAL OR ACADEMIC EXPERTISE IN PUBLIC HEALTH AND TOXICOLOGY, ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED BY THE SPEAK- ER OF THE ASSEMBLY. APPOINTMENTS TO THE TOXIC PACKAGING TASK FORCE ARE TERM LIMITED TO FIVE CONSECUTIVE YEARS OF SERVICE. (C) THE TASK FORCE SHALL MEET AT LEAST TWICE PER YEAR TO REVIEW AND RECOMMEND TO THE DEPARTMENT WHETHER THERE ARE ADDITIONAL TOXIC SUBSTANCES OR CLASSES OF TOXIC SUBSTANCES THAT SHOULD NO LONGER BE SOLD, OFFERED FOR SALE, DISTRIBUTED FOR SALE, OR DISTRIBUTED FOR USE IN PACK- AGING IN THIS STATE. 3. WITHIN ONE HUNDRED EIGHTY DAYS OF THE TOXIC PACKAGING TASK FORCE RECOMMENDING THE DESIGNATION OF AN ADDITIONAL TOXIC SUBSTANCE, THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO DESIGNATE SUCH SUBSTANCE AS A TOXIC SUBSTANCE UNDER THIS SECTION AND PROHIBIT THE USE OF SUCH TOXIC SUBSTANCE IN PACKAGING IN THE SAME MANNER AS THOSE TOXIC SUBSTANCES LISTED IN SUBDIVISION ONE OF THIS SECTION, WITH AN EFFECTIVE DATE NO LATER THAN TWO YEARS AFTER THE DATE OF SUCH RECOMMENDATION. 4. ANY PRODUCER THAT VIOLATES THIS SECTION, OR ANY RULES OR REGU- LATIONS PROMULGATED PURSUANT TO THIS SECTION, SHALL BE SUBJECT TO A FINE FOR EACH VIOLATION NOT TO EXCEED TEN THOUSAND DOLLARS PER VIOLATION. FOR THE PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS SOLD, OFFERED S. 4246--A 19 FOR SALE, OR DISTRIBUTED TO CONSUMERS, VIA RETAIL COMMERCE, IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION SHALL BE CONSIDERED A SEPARATE VIOLATION. § 27-3427. NON-REUSABLE PACKAGING REDUCTION STANDARDS. 1. EACH INDIVIDUAL PRODUCER IS REQUIRED TO MEET THE FOLLOWING PACKAG- ING REDUCTION REQUIREMENTS: (A) BEGINNING THREE YEARS AFTER A PRODUCER FIRST REGISTERS WITH AN ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY TEN PERCENT BY UNIT WEIGHT. (B) BEGINNING FIVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH AN ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY TWENTY PERCENT BY UNIT WEIGHT. (C) BEGINNING EIGHT YEARS AFTER A PRODUCER FIRST REGISTERS WITH AN ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY THIRTY PERCENT BY UNIT WEIGHT. (D) BEGINNING TEN YEARS AFTER A PRODUCER FIRST REGISTERS WITH AN ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY FORTY PERCENT BY UNIT WEIGHT. (E) BEGINNING TWELVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH AN ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PRIMARY PLASTIC PACKAGING AND THE AMOUNT OF NON-PRIMARY PACKAGING FOR ALL MATERIALS USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY FIFTY PERCENT BY UNIT WEIGHT. 2. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL BE MEASURED AGAINST THE TOTAL AMOUNT OF PACKAGING THE PRODUCER USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE, DURING THE FIRST YEAR SUCH PRODUCER REGISTERED WITH THE PACKAGING REDUCTION ORGANIZATION. 3. THESE REDUCTIONS SHALL BE ACHIEVED BY ELIMINATING SINGLE-USE PACK- AGING, INCLUDING SECONDARY OR TERTIARY PACKAGING, ELIMINATION OF PACKAG- ING COMPONENTS, REDUCTION OF PACKAGING COMPONENTS, OR BY TRANSITIONING TO REUSABLE OR REFILLABLE PACKAGING SYSTEMS. 4. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL NOT BE ACHIEVED BY SUBSTITUTING NON-PLASTIC MATERIALS WITH PLASTIC MATERIALS OR SUBSTITUT- ING RECYCLABLE MATERIALS WITH NON-RECYCLABLE MATERIALS. 5. IN THE CASE OF A PRODUCER FOR WHICH, AS OF THE EFFECTIVE DATE OF THIS TITLE OR UPON ENTRY INTO THE MARKET AFTER SUCH EFFECTIVE DATE, A PORTION OF ITS PACKAGING IS REUSABLE AND CONTAINED WITHIN A REUSE AND REFILL SYSTEM, SUCH PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF THIS SECTION WITH RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY UNIT WEIGHT, WHICH IS CONTAINED WITHIN A REUSE AND REFILL SYSTEM. S. 4246--A 20 6. IN THE CASE OF A PRODUCER THAT DEMONSTRATES IN A MANNER SATISFAC- TORY TO THE DEPARTMENT THAT, FOR THE PERIOD BEGINNING FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS TITLE AND ENDING ON THE DATE WHICH IS TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, THE PRODUCER REDUCED THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THE PRODUCER SELLS, OFFERS FOR SALE, OR DISTRIB- UTES FOR SALE INTO THE STATE, SUCH PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS OF THIS SECTION WITH RESPECT TO THAT PERCENTAGE OF ITS PACKAGING, BY UNIT WEIGHT, WHICH WAS REDUCED DURING SUCH FIVE-YEAR PERIOD. 7. A PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER FROM THE REDUCTION REQUIREMENTS OF THIS SECTION IF COMPLIANCE IS IMPOSSIBLE DUE TO FEDERAL LAW. SUCH WAIVER MUST BE APPLIED FOR ANNUALLY. IN SUCH APPLICATION THE PRODUCER SHALL PROVIDE THE DEPARTMENT AND THE ADVISORY COUNCIL WITH SUFFICIENT INFORMATION, IN THE DETERMINATION OF THE DEPART- MENT IN CONSULTATION WITH THE ADVISORY COUNCIL, TO MAKE A DETERMINATION ON SUCH APPLICATION, INCLUDING PROOF THAT THE PRODUCER HAS TAKEN ALL FEASIBLE ACTIONS TO ACHIEVE THE REDUCTIONS REQUIRED BY THIS SECTION. 8. NOTHING IN THIS SECTION SHALL PRECLUDE A PRODUCER FROM GOING BEYOND THE REDUCTION STANDARDS IN SUBDIVISION ONE OF THIS SECTION. § 27-3429. RECYCLED CONTENT STANDARDS. 1. EACH INDIVIDUAL PRODUCER SHALL MEET THE RECYCLING CONTENT TARGETS CONTAINED IN THIS SECTION. 2. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION: (A) ALL GLASS CONTAINERS MANUFACTURED IN THE STATE USED BY THE PRODUC- ER SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST-CONSUMER RECYCLED CONTENT; (B) ALL PAPER CARRYOUT BAGS SOLD, OFFERED FOR SALE, OR GIVEN AWAY FREE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST FORTY PERCENT POST-CONSUMER RECYCLED CONTENT; EXCEPT THAT A PAPER CARRYOUT BAG THAT HOLDS EIGHT POUNDS OR LESS SHALL ONLY BE REQUIRED TO CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUMER RECYCLED CONTENT; AND (C) ALL PLASTIC TRASH BAGS SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUM- ER RECYCLED CONTENT. 3. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO REUSABLE OR REFILLABLE PACKAGING OR CONTAINERS. 4. BEGINNING TWO YEARS AFTER PLAN IMPLEMENTATION BEGINS FOR THE INITIAL ORGANIZATION, THE DEPARTMENT IS AUTHORIZED, IN CONSULTATION WITH THE ADVISORY COUNCIL, TO: (A) ESTABLISH CONTENT REQUIREMENTS FOR MATERIALS NOT LISTED IN SUBDI- VISION TWO OF THIS SECTION; AND (B) MODIFY THE POST-CONSUMER RECYCLED CONTENT TARGETS FOR THE MATERI- ALS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT MODIFI- CATIONS DO NOT RESULT IN A LESSER PERCENTAGE OR AN EARLIER YEAR FOR THE RESPECTIVE TARGET. § 27-3431. RECYCLABILITY CRITERIA AND PACKAGING RECYCLING REQUIREMENTS. 1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, PACK- AGING MATERIALS USED BY A PRODUCER SHALL MEET THE FOLLOWING RECYCLABILI- TY CRITERIA: (A) BE CAPABLE OF BEING SORTED BY ENTITIES THAT PROCESS RECYCLABLE MATERIAL GENERATED IN THE STATE; (B) HAS A CONSISTENT REGIONAL MARKET FOR PURCHASE, BY END USERS IN THE PRODUCTION OF NEW PRODUCTS; (C) DOES NOT CONTAIN THE FOLLOWING: S. 4246--A 21 (I) NON-DETECTABLE PIGMENTS, INCLUDING BUT NOT LIMITED TO CARBON BLACK; (II) THE TOXIC SUBSTANCES SET FORTH IN SUBDIVISION ONE OF SECTION 27-3425 OF THIS TITLE AND THOSE DESIGNATED BY THE TOXIC PACKAGING TASK FORCE PURSUANT TO SUBDIVISION TWO OF SECTION 27-3425 OF THIS TITLE; (III) OPAQUE OR PIGMENTED POLYETHYLENE TEREPHTHALATE; (IV) OXO-DEGRADABLE ADDITIVES, INCLUDING OXO-BIODEGRADABLE ADDITIVES; (V) POLYETHYLENE TEREPHTHALATE GLYCOL IN RIGID PACKAGING; (VI) LABEL CONSTRUCTIONS, INCLUDING ADHESIVES, INKS, MATERIALS AND FORMATS, OR FEATURES THAT RENDER A PACKAGE NON-RECYCLABLE OR DISRUPTIVE TO THE RECYCLING PROCESS, AS DETERMINED BY THE DEPARTMENT IN CONSULTA- TION WITH THE ADVISORY COUNCIL; AND (VII) DOPS - POLYSTYRENE, INCLUDING EPS (EXPANDED POLYSTYRENE); (D) MEETS THE POST-CONSUMER CONTENT REQUIREMENTS OF THIS TITLE; AND (E) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT. 2. THE DEPARTMENT SHALL MAINTAIN A LIST OF PACKING MATERIAL THAT MEET THESE CRITERIA AND ARE DEEMED TO BE RECYCLABLE. THE DEPARTMENT SHALL UPDATE THIS LIST ANNUALLY. 3. EACH INDIVIDUAL PRODUCER SHALL BE REQUIRED TO MEET THE FOLLOWING RECYCLING RATE STANDARDS: (A) WITH RESPECT TO THE PRODUCER'S NON-PLASTIC PACKAGING: (I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MINIMUM OF THIRTY-FIVE PERCENT OF PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED, WITH A MINIMUM OF FIVE PERCENT BEING REUSED; (II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A MINIMUM OF FIFTY PERCENT OF PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED, WITH A MINIMUM OF TEN PERCENT BEING REUSED; AND (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY, A MINIMUM OF SEVEN- TY-FIVE PERCENT OF PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED, WITH A MINIMUM OF TWENTY PERCENT BEING REUSED. (B) WITH RESPECT TO PLASTIC PACKAGING: (I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MINIMUM OF TWENTY-FIVE PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED; (II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, A MINIMUM OF FIFTY PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECYCLED; AND (III) BEGINNING JANUARY FIRST, TWO THOUSAND FIFTY, A MINIMUM OF SEVEN- TY-FIVE PERCENT OF PLASTIC PACKAGING MATERIAL REPORTED BY THE PRODUCER OR AN ORGANIZATION AS SUPPLIED INTO THE STATE SHALL BE REUSED OR RECY- CLED. 4. THE DEPARTMENT MAY ADJUST THE RECYCLING RATES IN SUBDIVISION THREE OF THIS SECTION BY RULEMAKING BASED ON INFORMATION GATHERED THROUGH THE NEEDS ASSESSMENT OR PROVIDED IN PRODUCER PLANS AND REPORTS, OR BASED ON CONSIDERATION OF ENVIRONMENTAL, TECHNICAL AND ECONOMIC CONDITIONS. AN ADJUSTMENT TO THE STATEWIDE RECYCLING AND REUSE PERFORMANCE TARGETS MAY NOT ADJUST THE RECYCLING RATE TARGET TO LESS THAN THIRTY-FIVE PERCENT OR MORE THAN SEVENTY-FIVE PERCENT. 5. A PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER FROM THE REDUCTION REQUIREMENTS OF THIS SECTION IF COMPLIANCE IS IMPOSSIBLE DUE TO FEDERAL LAW. SUCH WAIVER SHALL BE APPLIED FOR ANNUALLY. IN SUCH S. 4246--A 22 APPLICATION THE PRODUCER SHALL PROVIDE THE DEPARTMENT AND THE ADVISORY COUNCIL WITH SUFFICIENT INFORMATION, IN THE DETERMINATION OF THE DEPART- MENT IN CONSULTATION WITH THE ADVISORY COUNCIL, TO MAKE A DETERMINATION ON SUCH APPLICATION, INCLUDING PROOF THAT THE PRODUCER HAS TAKEN ALL FEASIBLE ACTIONS TO ACHIEVE THE REDUCTIONS REQUIRED BY THIS SECTION. 6. THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION SHALL NOT APPLY TO REUSABLE OR REFILLABLE PACKAGING OR CONTAINERS. § 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL. 1. THE COMMISSIONER SHALL ESTABLISH AN INDEPENDENT OFFICE OF RECYCLING INSPECTOR GENERAL WITHIN THE DEPARTMENT. THE RECYCLING INSPECTOR GENERAL SHALL EVALUATE THE PROGRAMS CREATED PURSUANT TO THIS TITLE ON AN ANNUAL BASIS AND SHALL ENSURE SUCH PROGRAMS ARE FUNCTIONING PROPERLY, AND THAT ALL PRODUCERS ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE. 2. THE RECYCLING INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO INVES- TIGATE THE COMPLIANCE OF PRODUCERS AND THE ORGANIZATION WITH ALL PROVISIONS OF THIS TITLE AND TO BRING ENFORCEMENT ACTIONS FOR VIOLATIONS OF THIS TITLE PURSUANT TO THE PROVISIONS OF SECTION 27-3435 OF THIS TITLE. § 27-3435. PENALTIES AND ENFORCEMENT. 1. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE SHALL SUBJECT THE ORGANIZATION OR AN INDIVIDUAL PRODUCER TO PENALTIES FOR VIOLATIONS. THE DEPARTMENT, RECYCLING INSPECTOR GENERAL, OR ATTORNEY GENERAL, MAY CONDUCT INVESTIGATIONS, INCLUDING INSPECTING OPERATIONS, FACILITIES, AND RECORDS OF PRODUCERS AND ORGANIZATIONS, AND PERFORMING AUDITS OF PRODUC- ERS AND ORGANIZATIONS, TO DETERMINE WHETHER SUCH PRODUCERS AND ORGANIZA- TIONS ARE COMPLYING WITH THE REQUIREMENTS OF THIS TITLE. 2. THE DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, OR THE ATTORNEY GENERAL, SHALL NOTIFY AN ORGANIZATION OR PRODUCER OF ANY CONDUCT OR PRACTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND OF ANY INCONSISTENCIES IDENTIFIED IN AN AUDIT. 3. THE DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, AND THE ATTORNEY GENERAL, MAY ISSUE A NOTICE OF VIOLATION TO, AND IMPOSE AN ADMINISTRA- TIVE CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY PER VIOLATION ON ANY ENTITY NOT IN COMPLIANCE WITH THIS TITLE OR ANY OF THE REGULATIONS THE DEPARTMENT ADOPTS TO IMPLEMENT THIS TITLE. FOR THE PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS VIA RETAIL COMMERCE IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION, SHALL BE CONSIDERED A SEPA- RATE VIOLATION. 4. 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 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL DENIED. § 27-3437. RULES AND REGULATIONS. 1. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS TITLE. 2. WHEN PROMULGATING RULES PURSUANT TO THE PROVISIONS OF THIS SECTION, THE DEPARTMENT SHALL SOLICIT INPUT FROM THE PUBLIC OF ANY DRAFT RULE OR REGULATION TO IMPLEMENT THIS SECTION, INCLUDING AT A MINIMUM A NINETY- DAY COMMENT PERIOD AND ONE PUBLIC HEARING ON SUCH DRAFT RULES. § 27-3439. STATE PREEMPTION. S. 4246--A 23 JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS OF PACKAGING REDUCTION AND RECYCLING ORGANIZATIONS RELATING TO THE RECOVERY OF PACKAGING MATERIALS SHALL, BY THIS TITLE, BE VESTED EXCLU- SIVELY IN THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL PRECLUDE ANY CITY, TOWN, VILLAGE OR OTHER LOCAL PLANNING UNITS FROM DETERMINING WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING IN A LOCAL GOVERNMENT RECYCLING COLLECTION PROGRAM OR SHALL PRECLUDE ANY PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF PACKAGING MATERIALS AND PRODUCTS. § 27-3441. OTHER ASSISTANCE PROGRAMS. NOTHING IN THIS TITLE SHALL IMPACT ANY PRODUCER ELIGIBILITY FOR ANY STATE OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE OTHER- WISE ELIGIBLE. § 27-3443. 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. The environmental conservation law is amended by adding a new section 37-0202 to read as follows: § 37-0202. APPLICABILITY. THIS ARTICLE SHALL ONLY HAVE EFFECT TO THE EXTENT THAT THE PROHIBI- TIONS IN THIS TITLE ARE NOT OTHERWISE SUBSTANTIALLY GIVEN EFFECT OR IN CONFLICT WITH THE PROVISIONS OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEV- EN OF THIS CHAPTER. § 4. This act shall take effect immediately.