N.Y. ENV Law § 27-2003 — New York Code / Act ENV / Article 27 / Title 20 / Section 27-2003
Postconsumer paint collection program
Status: in_force

§ 27-2003. Postconsumer paint collection program.\n  1. No later than July first, two thousand twenty, a producer, either\nindividually or cooperatively, or a representative organization shall\nsubmit to the department for the department's approval a plan for the\nestablishment of a postconsumer paint collection program. Such plan\nshall be accompanied by a fee of five thousand dollars for an individual\nproducer or, in the case of a representative organization or producers\nacting collectively, a fee of ten thousand dollars. The program will\nminimize public sector involvement in the management of postconsumer\npaint by reducing its generation, promoting its reuse and recycling and\nnegotiating and executing agreements to collect, transport, reuse,\nrecycle and properly dispose of postconsumer paint using environmentally\nsound management practices.\n  2. A producer may satisfy the postconsumer paint collection program\nrequirement of this section by agreeing to participate collectively with\nother producers. Any such collective postconsumer paint collection\nprogram shall meet the same requirements as an individual producer. Such\nprogram shall submit a registration to the department along with a\nregistration fee of ten thousand dollars.\n  3. The plan submitted by the producer or representative organization\nto the department under this section shall:\n  (a) provide a list of each participating producer and brands covered\nby the program.\n  (b) provide information on the architectural paint products covered\nunder the program.\n  (c) describe how the producer or representative organization will\ncollect, transport, recycle, and process postconsumer paint for\nend-of-life management, including recycling and disposal, using\nenvironmentally sound management practices.\n  (d) describe how it will provide for convenient and cost-effective\nstatewide collection of postconsumer paint in the state. The producer or\nrepresentative organization may coordinate the program with existing\nmunicipal waste collection infrastructure as is mutually agreeable. A\npaint retailer may participate, on a voluntary basis, as a paint\ncollection site if the paint retailer volunteers to act as such and\ncomplies with all applicable laws and regulations.\n  (e) provide geographic modeling to determine the number and\ndistribution of sites for collection of postconsumer paint based on the\nfollowing criteria (i) at least ninety percent of New York residents\nshall have a collection site within a fifteen mile radius; and (ii) one\nadditional collection site will be established for every fifty thousand\nresidents of an urbanized area (as defined by the United States Census\nBureau), unless the producer is a small business taxpayer as defined in\nparagraph (f) of subdivision one of section two hundred ten of the tax\nlaw or unless otherwise approved by the commissioner.\n  (f) describe the intended treatment, storage, transportation and\ndisposal options and methods for the collection of postconsumer paint.\nThe management of paint under the program shall promote reuse and\nrecycling.\n  (g) describe in detail education and outreach efforts to inform\nconsumers and retailers about the program. These materials should\ninclude (i) information about collection opportunities for postconsumer\npaint; (ii) information about the charge for the operation of the\nprogram that shall be included by the producer in the price charged to\nthe retailer of all architectural paint sold in the state; and (iii)\nefforts to promote the source reduction, reuse, and recycling of\narchitectural paint.\n  (h) set forth the process by which an independent financial auditor\nwill be selected and identify the criteria used by the producer or\nrepresentative organization in selecting an independent auditor.\n  (i) identify, in detail, the operational plans for interacting with\nretailers on the proper handling and management of postconsumer paint.\n  (j) include the targeted annual collection rate.\n  (k) be reviewed by an independent financial auditor to assure that any\nadded cost to paint sold in the state as a result of the postconsumer\npaint collection program does not exceed the costs of the program. The\nindependent auditor shall verify that the amount added to each unit of\npaint will cover the costs of the postconsumer paint collection program.\n  4. The independent financial auditor may be selected by the department\nand the department shall review the work product of any such independent\nauditor. The department may terminate the services of any such\nindependent auditor. The cost of any work performed by such independent\nauditor shall be funded by the program.\n  5. The department shall approve or reject a plan submitted under this\nsection within sixty days of submission and, if rejected, inform the\nproducer or representative organization in writing as to any\ndeficiencies in said plan. A producer or representative organization\nshall amend and resubmit any rejected plans for reconsideration within\nsixty days of notification of the rejection of said plan. The department\nshall approve or reject said plan within thirty days of resubmission.\n  6. Beginning not later than January first, two thousand twenty-one or\nsix months after the plan is approved under subdivision five of this\nsection, whichever occurs later, the producer or representative\norganization shall implement the postconsumer paint collection program\nutilizing collection sites established pursuant to paragraph (e) of\nsubdivision three of this section.\n  7. Not later than the implementation date of the program, information\nregarding the approved plan, the names of participating producers, and\nthe brands of architectural paint covered by the program shall be posted\non the department's website and on the website of the producer and\nrepresentative organization.\n  8. Upon implementation of the program, each producer shall include in\nthe price of any architectural paint sold to retailers and distributors\nin the state the per container amount in the approved program plan. A\nretailer or distributor shall not deduct this amount from the purchase\nprice.\n  9. A producer or retailer shall not sell, or offer for sale,\narchitectural paint to any person in the state unless the producer and\nthe producer's brands are registered with the department pursuant to\nsection 27-2003 of this title on and after the date of implementation of\nthe postconsumer paint collection program.\n  10. (a) A retailer shall be in compliance with this section if, on the\ndate the architectural paint was offered for sale, the producer is\nlisted on the department's website as implementing or participating in\nan approved program or if the paint brand is listed on the department's\nwebsite as being included in the program.\n  (b) A paint collection site authorized under the provisions of this\nsection shall not charge any additional amount for the disposal of paint\nwhen it is offered for disposal.\n  11. (a) A producer or the representative organization that organizes\nthe collection, transport and processing of postconsumer paint, in an\naction solely to increase the recycling of architectural paint by a\nproducer, representative organization, or retailer that affects the\ntypes and quantities being recycled or the cost and structure of any\nreturn program shall not be liable for any claim of a violation of\nantitrust, restraint of trade or unfair trade practice arising from\nconduct undertaken in accordance with the program pursuant to this\nsection.\n  (b) Provided however, paragraph (a) of this subdivision shall not\napply to any agreement establishing or affecting the price of paint\nexcept for the postconsumer paint collection assessment or the output or\nproduction of paint or any agreement restricting the geographic area or\ncustomers to which paint will be sold.\n  12. The operator of the postconsumer paint collection program shall\nupdate the plan, as needed, when there are changes proposed to the\ncurrent program. A new plan or amendment will be required to be\nsubmitted to the department for approval when:\n  (a) there is an addition to the products covered under the program; or\n  (b) there is a revision of the program's goals; or\n  (c) every four years from the date of approval of a previous plan.\n  The operator of the postconsumer paint collection program shall notify\nthe department annually, in writing, if there are no changes proposed to\nthe program and the producer or representative organization intends to\ncontinue implementation of the program as previously approved by the\ndepartment.\n  13. Any person who becomes a producer after July first, two thousand\ntwenty shall submit a plan to the department prior to selling or\noffering for sale in the state any architectural paint, and must comply\nwith the requirements of this title.\n
N.Y. ENV Law § 11-2050 — New York Code / Act ENV / Article 11 / Title 20-A / Section 11-2050
Establishment of the marine mammal and sea turtle protection area
Status: in_force

§ 11-2050. Establishment of the marine mammal and sea turtle protection\n             area.\n  1. There shall be created the marine mammal and sea turtle protection\narea consisting of the waters in the area from mean high water seaward\nfifteen hundred feet, except further seaward in shallow areas to the\noutermost limit of waters fifteen feet in depth, around Plum Island,\nGreat Gull Island and Little Gull Island. Such protection area may also\nbe designated as a New York state bird conservation area pursuant to\nsection 11-2001 of this article.\n  2. For purposes of this title the marine mammal and sea turtle\nprotection area shall mean:\n  (a) a site providing habitat to species including:\n  (i) harbor seals (Phoca vitulina);\n  (ii) harbor porpoises (Phocoena phocoena);\n  (iii) gray seals (Halichoerus grypus); and\n  (iv) sea turtle species including kemp's ridley (Lepidochelys kempii),\ngreen turtles (Chelonia mydas) and leatherback (Dermochelys coreacia);\n  (b) presence of a state-designated natural protective feature; and\n  (c) location within the boundaries of two estuaries of national\nsignificance.\n  3. The department is authorized to promulgate regulations to prevent\nthe harassment and for the protection of marine mammals and sea turtles\nwithin the marine mammal and sea turtle protection area.\n
N.Y. ENV Law § 27-2001 — New York Code / Act ENV / Article 27 / Title 20 / Section 27-2001
Definitions
Status: in_force

§ 27-2001. Definitions.\n  As used in this title, the following terms shall have the following\nmeanings:\n  1. "architectural paint" means interior and exterior architectural\ncoatings sold in containers of five gallons or less; provided, however,\nthat "architectural paint" shall not include industrial, original\nequipment or specialty coatings.\n  2. "commissioner" means the commissioner of environmental\nconservation.\n  3. "department" means the department of environmental conservation.\n  4. "environmentally sound management practices" means procedures for\nthe collection, storage, transportation, reuse, recycling and disposal\nof architectural paint, to be implemented by the producer or\nrepresentative organization or by the producers or representative\norganization's contracted partners to ensure compliance with all\napplicable federal, state and local laws and any regulations and\nordinances for the protection of human health and the environment and\nthese procedures shall address adequate record keeping, tracking and\ndocumenting of the final disposition of materials.\n  5. "postconsumer paint" means architectural paint not used and no\nlonger wanted by a consumer.\n  6. "producer" means a manufacturer of architectural paint who sells,\noffers for sale or distributes the architectural paint in the state.\n  7. "program" means the postconsumer paint collection program\nestablished pursuant to section 27-2003 of this title.\n  8. "recycling" means a process by which discarded products, components\nand by-products are transformed into new usable or marketable materials\nin a manner in which the original products may lose their identity. This\nterm excludes thermal treatment or the use of postconsumer paint as a\nfuel substitute or for energy production.\n  9. "representative organization" means a not-for-profit organization\nestablished by producers to implement the postconsumer paint collection\nprogram.\n  10. "retailer" means a person that offers architectural paint for sale\nat retail in the state.\n  11. "Reuse" means the return of a product into the economic stream for\nuse in the same kind of application as the product was originally\nintended to be used, without a change in the product's identity.\n  12. "Sell" or "sale" means any transfer for consideration of title or\nthe right to use, from a manufacturer or retailer to a person,\nincluding, but not limited to, transactions conducted through retail\nsales outlets, catalogs, mail, the telephone, the internet, or any\nelectronic means; this does not include samples, donations, and reuse.\n
N.Y. ENV Law § 11-2001 — New York Code / Act ENV / Article 11 / Title 20 / Section 11-2001
New York state bird conservation area program
Status: in_force

§ 11-2001. New York state bird conservation area program.\n  1. There shall be created a New York state bird conservation area\nprogram which shall consist of such state-owned waters, lands, or\nportions thereof as are necessary to safeguard and enhance populations\nof wild birds native to New York state and the habitats therein that\nbirds are dependent upon for breeding, migration, shelter, and\nsustenance.\n  2. Any property designated shall be described and depicted upon a map\nand a copy of any and all such documents shall be forwarded to the\ncommissioner for inventory, research, and reference purposes for the\ngeneral public. A master inventory list and maps of properties that are\ndesignated as part of the New York state bird conservation area program\nshall be kept on file by the commissioner who shall also deposit a copy\nof such at the New York state museum and science service, and at the\nCornell Laboratory of Ornithology.\n  3. For purposes of this title the term "important bird area" shall\nmean a site providing habitat to one or more species of breeding or\nnon-breeding birds bounded by natural or anthropogenic features or\nboundaries. To be eligible for designation under this section a site\nmust be an important bird area. Any site that meets or matches one or\nmore of the following criteria in this subdivision  shall be eligible\nfor designation as part of the New York state bird conservation area\nprogram because it is an important bird area.\n  a. Waterfowl concentration site: a location that regularly supports at\nleast two thousand birds such as loons, grebes, cormorants, geese,\nducks, coots, and moorhens.\n  b. Pelagic seabird site: a location that regularly supports at least\none hundred birds of open water such as shearwaters, storm-petrels,\nterns, fulmars, gannets, jaegers, alcids, and other like birds and/or\nten thousand gulls at one time during some part of the year so long as\nthe primary food source for such birds is not anthropogenic.\n  c. Shorebird concentration site: a location that supports at least\nthree hundred birds such as plovers, sandpipers, and other like birds\nduring some part of the year.\n  d. Wading bird concentration site: a location that supports at least\none hundred birds such as bitterns, herons, egrets, ibises, and other\nlike birds during some part of the year.\n  e. Migratory concentration site: a location that is a flight corridor\nrest stopover site for an exceptional number or diversity of migratory\nsongbirds during either spring or fall seasons.\n  f. Diverse species concentration site: a location that supports a\ndistinctive group of indigenous bird species that is the consequence of\nlocal habitats that are resultant of unique vegetational, geological,\ngeographical, topographical, or microclimatological circumstances.\n  g. Individual species concentration site: a location that supports at\nleast one bird species during one or more seasons of the year as a\nregionally unique, dense (for the species) population.\n  h. Species at risk site: (1) a location that supports a significant\npopulation of a species that is listed either federally or by New York\nstate as endangered, threatened, or of special concern, or (2) which\nsupports a species that is verified by either the commissioner or the\nstate ornithologist as being rare or declining within New York state, or\n(3) an exceptional, rare, or remnant native habitat, vegetative\ncommunity, or landscape segment that supports one or more significant\nhabitat dependent populations of wild bird species.\n  i. Bird research site: a location where a wild bird population\nresearch and/or monitoring project of at least five consecutive years\nduration is conducted and contributes to the science of ornithology\nand/or bird conservation policy through publicly accessible scholarly\nand/or scientific publications.\n  4. Designation may be accomplished by the head of any state agency or\nentity having jurisdiction over state lands or waters for such\nappropriate properties as may exist within their respective\njurisdictions and consistent with their respective missions.\n  5. A designating state agency or entity shall publish notice\nconcerning the designation of a New York state bird conservation area in\nthe environmental notice bulletin prior to such designation. Such notice\nshall provide for a thirty day public comment period following\npublication of the notice.\n  6. The head of any state agency or entity having jurisdiction over\nstate lands or waters previously designated as New York state bird\nconservation areas may seek to remove all or a portion of such lands or\nwaters from such designation provided, however, that prior to such\nremoval the commissioner publishes a finding that the designated area or\nportion of such area no longer meets the criteria in subdivision three\nof this section. Such finding shall be published in the environmental\nnotice bulletin and shall provide for a thirty day public comment period\nfollowing publication of the notice.\n  * 7. a. The Montauk Point shoals area of the county of Suffolk, having\nmet the criteria of subdivision three of this section, is hereby\ndeclared to be an important bird area and the commissioner shall\ndesignate such area as part of the New York state bird conservation area\nprogram.\n  b. For the purposes of this title, "Montauk Point shoals area" means\nthose marine and coastal areas off the shore of Montauk Point, in the\ncounty of Suffolk, extending to the coastal waters within a sixty foot\nbathymetric contour that encompasses the area beginning just west of\nShagwong Point on the northern shore of Montauk Point, continuing east\naround Montauk Point, and terminating just east of Ditch Plains on the\nAtlantic Ocean side of Montauk Point. Such area consisting of waters\nthat are sixty or less feet in depth, and within between three and\none-half to four miles from the shoreline. Provided, that the\ncommissioner shall be authorized to change the boundaries of such area,\nby rule, as he or she shall deem necessary.\n  c. That portion of the New York state bird conservation area program\ndesignated pursuant to this subdivision shall be known as the "Montauk\nPoint shoals bird conservation area".\n  d. Nothing in this section shall be deemed to impose new fishing\nrestrictions.\n  * NB Effective October 8, 2024\n
N.Y. ENV Law § 11-2003 — New York Code / Act ENV / Article 11 / Title 20 / Section 11-2003
Advisory committee
Status: in_force

§ 11-2003. Advisory committee.\n  There shall be created within the department a New York state bird\nconservation area program advisory committee whose non-governmental\nmembers shall serve without pay, meet not less than twice each year, and\nwhose sole purpose shall be to advise as to the designation, management,\neducational research and utilization of those sites that are\nindividually designated as part of and collectively comprise the New\nYork state bird conservation area program. Provided, however, the\nutilization of such sites shall be consistent with the mission of the\nstate agency or entity designating a New York state bird conservation\narea pursuant to section 11-2001 of this title. In addition to\nrepresentatives of the department, the advisory committee shall consist\nof, but not be limited to one representative each from the department of\nstate, the Conservation Fund Advisory Board, the Conservation Council,\nthe office of parks, recreation and historic preservation, the state\nmuseum, Cornell Laboratory of Ornithology, the Nature Conservancy, the\nNational Audubon Society, Ducks Unlimited, the New York State\nBiodiversity Research Institute, and the Federation of New York State\nBird Clubs. The commissioner may appoint additional members as\nappropriate, who shall serve at his pleasure.\n
N.Y. ENV Law § 27-2005 — New York Code / Act ENV / Article 27 / Title 20 / Section 27-2005
Reporting requirements
Status: in_force

§ 27-2005. Reporting requirements.\n  1. On or before October fifteenth, two thousand twenty-one, and\nannually thereafter, each operator of a program shall submit a report to\nthe commissioner that details the postconsumer paint collection program\nfor the prior year's program from July first to June thirtieth. The\nreport shall be posted on the department's website. The report shall be\nposted on the website of the producer and representative organization.\nSaid report shall include a copy of the independent audit detailed in\nparagraph (d) of this subdivision. Such annual report shall include:\n  (a) a detailed description of the methods used to collect, transport\nand process postconsumer paint in the state including detailing\ncollection methods made available to consumers and an evaluation of the\nprogram's collection convenience;\n  (b) the overall volume of postconsumer paint collected in the state;\n  (c) the volume and type of postconsumer paint collected in the state\nby method of disposition, including reuse, recycling and other methods\nof processing or disposal;\n  (d) the total cost of implementing the program, as determined by an\nindependent financial audit, as performed by an independent auditor;\n  (e) samples of all educational materials provided to consumers of\narchitectural paint and retailers; and\n  (f) a detailed list of efforts undertaken and an evaluation of the\nmethods used to disseminate such materials including recommendations, if\nany, for how the educational component of the program can be improved.\n  2. The department shall submit a report regarding the implementation\nof this title in this state to the governor and legislature by April\nfirst, two thousand twenty-two and every two years thereafter. The\nreport must include, at a minimum, an evaluation of:\n  (a) the architectural and postconsumer paint stream in the state;\n  (b) disposal, recycling and reuse rates in the state for architectural\npaint;\n  (c) a discussion of compliance and enforcement related to the\nrequirements of this title; and\n  (d) recommendations for any changes to this title.\n
N.Y. ENV Law § 27-2007 — New York Code / Act ENV / Article 27 / Title 20 / Section 27-2007
Department responsibilities
Status: in_force

§ 27-2007. Department responsibilities.\n  1. The department shall promulgate all necessary rules and regulations\nincluding, but not limited to, standards for reuse.\n  2. The department shall (a) maintain a list of producers who are\nimplementing or participating pursuant to section 27-2003 of this title,\n(b) maintain a list of each such producer's brands, and (c) post such\nlists on the department's website.\n
N.Y. GMU Law § 589 — New York Code / Act GMU / Article 15-B / Title 20 / Section 589
Gloversville community development agency
Status: in_force

§ 589. Gloversville community development agency. A municipal\ncommunity development agency, to be known as the Gloversville community\ndevelopment agency, is hereby established for the accomplishment of any\nor all of the purposes specified in articles fifteen and fifteen-A of\nthis chapter and in accordance with article eighteen of the constitution\nof the state of New York.  It shall constitute a body corporate and\npolitic, be perpetual in duration and consist of five members to be\nappointed by the mayor subject to the approval of the common council,\none of which members may be the mayor of the city of Gloversville and\none of which members may be a member of the common council of the city\nof Gloversville. It shall have the powers and duties now or hereafter\nconferred by article fifteen-A of this chapter upon municipal urban\nrenewal agencies. It shall be organized in the manner prescribed by and\nbe subject to the provisions of article fifteen-A of this chapter and\nthe agency, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of such\narticle.\n
N.Y. PBG Law § 423 — New York Code / Act PBG / Article 13 / Title 20 / Section 423
Oswego Housing Authority
Status: in_force

§ 423. Oswego Housing Authority.  A municipal housing authority, to be\nknown as the Oswego Housing Authority, is hereby created and established\nfor the city of Oswego in the county of Oswego for the accomplishment of\nany or all of the purposes specified in article eighteen of the\nconstitution of the state of New York. It shall constitute a body\ncorporate and politic, be perpetual in duration and consist of five\nmembers. It shall have the powers and duties now or hereafter conferred\nby this chapter upon municipal housing authorities. It shall be\norganized in the manner prescribed by and subject to the provisions of\nthis chapter, and the authority, its members, officers and employees and\nits operations and activities shall in all respects be governed by the\nprovisions of this chapter.\n