S 10638

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10638
                             I N  S E N A T E
                               June 1, 2026
                                ___________
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the "washing our clothes without polluting our water 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 "washing our clothes without polluting our water act".
   §  2.  Article  17 of the environmental conservation law is amended by
 adding a new title 23 to read as follows:
                                 TITLE 23
                   WASHING MACHINE MICROFIBER FILTRATION
 SECTION 17-2301. DEFINITIONS.
         17-2303. PRODUCER PLAN.
         17-2305. PRODUCER RESPONSIBILITIES.
         17-2307. RETAILER RESPONSIBILITIES.
         17-2309. COMMERCIAL LAUNDRY SERVICE RESPONSIBILITIES.
         17-2311. DEPARTMENT RESPONSIBILITIES.
         17-2313. WASHING MACHINE MICROFIBER FILTRATION ADVISORY BOARD.
         17-2315. PENALTIES AND ENFORCEMENT.
         17-2317. RULES AND REGULATIONS.
 § 17-2301. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES A WASH-
 ING MACHINE TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES, OR USES A WASHING MACHINE, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL,  A  BUSINESS,  CORPORATION,  LIMITED PARTNERSHIP, NOT-FOR-PROFIT
 CORPORATION, THE STATE, A  PUBLIC  CORPORATION,  PUBLIC  SCHOOL,  SCHOOL
 DISTRICT,  PRIVATE  OR  PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES OR GOVERNMENTAL ENTITY.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16061-01-6
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   3. (A) "COMMERCIAL LAUNDRY SERVICE" MEANS: (I) A  FACILITY  THAT  USES
 WASHING MACHINES TO PROVIDE LAUNDRY SERVICES TO THE GENERAL PUBLIC OR TO
 COMMERCIAL  CLIENTS,  INCLUDING  BUT  NOT  LIMITED TO HOTELS, HOSPITALS,
 RESTAURANTS, GYMS AND RETAIL LAUNDRIES; OR (II) A FACILITY USING FOUR OR
 MORE WASHING MACHINES TO PROVIDE LAUNDRY SERVICES MAINTAINED OR OPERATED
 IN CONNECTION WITH ANY COMMERCIAL INSTITUTION, INCLUDING BUT NOT LIMITED
 TO ANY HOTEL, RESTAURANT, GYM OR HOSPITAL.
   (B)  "COMMERCIAL LAUNDRY SERVICE" DOES NOT INCLUDE THE LAUNDRY FACILI-
 TIES OF ANY RESIDENTIAL DWELLING INTENDED FOR  USE  EXCLUSIVELY  BY  THE
 OWNERS,  TENANTS OR OCCUPANTS OF SUCH DWELLING OR FACILITIES EXCLUSIVELY
 OFFERING SELF-SERVICE WASHING MACHINES FOR DIRECT  USE  BY  THE  GENERAL
 PUBLIC.
   4. "LAUNDRY" MEANS CLOTHING, APPAREL, SHEETS, TOWELS, LINENS AND OTHER
 FABRICS THAT ARE WASHED IN A WASHING MACHINE.
   5.  "LAUNDRY SERVICE" MEANS USING WASHING MACHINES TO WASH LAUNDRY FOR
 A FEE, AND INCLUDES SUCH SERVICES WHEN THEY ARE PROVIDED ALONG  WITH  OR
 AS AN INCIDENT TO THE RENTAL OF CLOTHING, APPAREL OR OTHER FABRICS.
   6.  "MICROFIBER FILTRATION SYSTEM" MEANS A FILTER OR OTHER FEATURE, OR
 A SERIES OF FILTERS OR OTHER FEATURES (A) BUILT INTO A WASHING  MACHINE;
 (B)  PACKAGED,  SOLD,  AND  INSTALLED  WITH  A  WASHING  MACHINE; OR (C)
 INSTALLED FOR ONE OR MORE WASHING MACHINES USED BY A COMMERCIAL  LAUNDRY
 SERVICE,  THAT REMOVES FIBERS AND MICROFIBERS FROM WATER USED ACROSS ALL
 WASHING CYCLES.
   7. "PERFORMANCE STANDARDS" MEANS A SET OF STANDARDS  APPROVED  BY  THE
 DEPARTMENT,  PURSUANT  TO  PARAGRAPHS  (A) AND (B) OF SUBDIVISION ONE OF
 SECTION 17-2311 OF THIS TITLE.
   8. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES A WASHING MACHINE THAT
 IS SOLD, OFFERED FOR  SALE,  OR  DISTRIBUTED  IN  THE  STATE  UNDER  THE
 MANUFACTURER'S OWN NAME OR BRAND INCLUDING:
   (A) THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A WASHING MACHINE IS
 SOLD,  OFFERED  FOR  SALE,  OR DISTRIBUTED IN THIS STATE, WHETHER OR NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   (B) ANY PERSON WHO IMPORTS A WASHING MACHINE INTO  THE  UNITED  STATES
 THAT  IS  SOLD OR OFFERED FOR SALE IN THE STATE AND THAT IS MANUFACTURED
 BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   9. "RETAILER" MEANS ANY PERSON IN THE BUSINESS OF SELLING OR  OFFERING
 FOR SALE A WASHING MACHINE TO A CONSUMER IN THE STATE.
   10.  "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY  ELECTRONIC
 MEANS.  "SELL" OR "SALE" DOES NOT INCLUDE DONATION OF WASHING MACHINES.
   11.  "TESTING  STANDARDS"  MEANS  A  SET  OF STANDARDS APPROVED BY THE
 DEPARTMENT, PURSUANT TO PARAGRAPHS (A) AND (C)  OF  SUBDIVISION  ONE  OF
 SECTION 17-2311 OF THIS TITLE.
   12.  "WASHING  MACHINE" OR "MACHINE" MEANS A MACHINE DESIGNED AND USED
 FOR WASHING CLOTHING, APPAREL, SHEETS, TOWELS, LINENS AND OTHER FABRICS.
 § 17-2303. PRODUCER PLAN.
   1. NO LATER THAN JANUARY FIRST, TWO THOUSAND  THIRTY-ONE,  A  PRODUCER
 SHALL  SUBMIT  TO THE DEPARTMENT FOR THE DEPARTMENT'S APPROVAL A PLAN TO
 ENSURE THAT SALES OF ITS WASHING MACHINES IN THIS STATE SHALL  MEET  THE
 REQUIREMENTS OF THIS TITLE.
   2.  A  PRODUCER SHALL SUBMIT AN UPDATED PLAN TO THE DEPARTMENT FOR THE
 DEPARTMENT'S APPROVAL:
   (A) NO LATER THAN THREE YEARS AFTER THE MOST RECENT DATE ON WHICH  THE
 DEPARTMENT APPROVED SUCH PRODUCER'S PLAN;
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   (B)  ANY TIME THE PRODUCER INTENDS TO CHANGE THE BRANDS OR MODELS SOLD
 BY THE PRODUCER IN THIS STATE, THE BRANDS OR  MODELS  OF  MACHINES  SOLD
 WITH  MICROFIBER FILTRATION SYSTEMS IN THE STATE, OR THE TYPES OF MICRO-
 FIBER SYSTEMS INCLUDED WITH MACHINES SOLD IN THE STATE; OR
   (C) BASED ON ANY OTHER CRITERIA PROMULGATED BY THE DEPARTMENT.
   3.  THE  PLAN  SUBMITTED  BY  A  PRODUCER TO THE DEPARTMENT UNDER THIS
 SECTION SHALL, AT A MINIMUM:
   (A) PROVIDE A LIST OF BRANDS COVERED BY THE PLAN;
   (B) DESCRIBE THE METHODS TO BE USED TO MEET THE MICROFIBER  FILTRATION
 SYSTEM  STANDARD  FOR  MACHINES  SOLD IN THIS STATE AND WHICH BRANDS AND
 MODELS WILL INCLUDE MICROFIBER FILTRATION SYSTEMS THAT MEET THE PERFORM-
 ANCE STANDARDS;
   (C) DESCRIBE THE TESTING METHODS TO BE USED, CONSISTENT WITH THE TEST-
 ING STANDARDS SET BY THE DEPARTMENT, AND WHO SHALL  CONDUCT  TESTING  ON
 BEHALF OF THE PRODUCER;
   (D)  DESCRIBE  HOW  THE  PLAN  WILL  MEET  ANNUAL REQUIREMENTS FOR THE
 PROPORTION OF MACHINES TO BE SOLD WITH MICROFIBER FILTRATION SYSTEMS, AS
 DETERMINED BY THE DEPARTMENT PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
 17-2311 OF THIS TITLE;
   (E)  DESCRIBE  WHAT,  IF  ANY,  INCENTIVES  WILL  BE USED TO ENCOURAGE
 RETAILER PARTICIPATION IN SELLING WASHING MACHINES EQUIPPED WITH  MICRO-
 FIBER FILTRATION SYSTEMS IN THE STATE;
   (F)  DESCRIBE  THE OUTREACH AND EDUCATION METHODS THAT WILL BE USED TO
 EDUCATE CONSUMERS ABOUT THE PURPOSE AND FUNCTION OF  MICROFIBER  FILTRA-
 TION SYSTEMS SOLD WITH THE PRODUCER'S WASHING MACHINES;
   (G)  DESCRIBE  THE  SOURCES OF DATA AND METHODOLOGY FOR ESTIMATING THE
 PERCENT OF ALL OF THE PRODUCER'S MACHINES SOLD IN THE  STATE  EACH  YEAR
 WITH MICROFIBER FILTRATION SYSTEMS; AND
   (H) INCLUDE ANY OTHER INFORMATION SPECIFIED BY THE DEPARTMENT.
 § 17-2305. PRODUCER RESPONSIBILITIES.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-ONE, NO PRODUCER SHALL
 SELL,  OR  OFFER  FOR SALE, A WASHING MACHINE TO ANY PERSON IN THE STATE
 UNLESS SUCH PRODUCER HAS SUBMITTED THE PRODUCER PLAN  REQUIRED  PURSUANT
 TO  SECTION 17-2303 OF THIS TITLE. BEGINNING JANUARY FIRST, TWO THOUSAND
 THIRTY-TWO, NO PRODUCER SHALL SELL, OR OFFER FOR SALE, A WASHING MACHINE
 TO ANY PERSON IN THE STATE UNLESS SUCH PLAN HAS  BEEN  APPROVED  BY  THE
 DEPARTMENT.
   2. A PRODUCER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH THE
 PROVISIONS  OF  THIS  TITLE  AND  MAKE  THEM  AVAILABLE  FOR  AUDIT  AND
 INSPECTION BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS. THE DEPARTMENT
 SHALL MAKE SUCH RECORDS AVAILABLE TO THE PUBLIC UPON REQUEST IN  ACCORD-
 ANCE WITH THE PROVISIONS OF THE STATE FREEDOM OF INFORMATION LAW AND THE
 REGULATIONS  PROMULGATED  THEREUNDER.  RECORD  HOLDERS  SHALL SUBMIT THE
 RECORDS REQUIRED TO COMPLY WITH THE REQUEST WITHIN SIXTY WORKING DAYS OF
 WRITTEN NOTIFICATION BY THE DEPARTMENT OF RECEIPT OF THE REQUEST.
   3. A PRODUCER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED  WITH  THE
 IMPLEMENTATION  OF  THE  REQUIREMENTS  OF  THIS TITLE, INCLUDING BUT NOT
 LIMITED TO THE COST OF TESTING, VERIFYING,  AND  AUDITING  TO  DETERMINE
 THAT  MICROFIBER  FILTRATION  SYSTEMS  SOLD  WITH  A  PRODUCER'S WASHING
 MACHINES MEET THE REQUIRED FILTRATION STANDARD.  A  PRODUCER  SHALL  PAY
 COSTS  INCURRED  BY THE DEPARTMENT IN THE ADMINISTRATION AND ENFORCEMENT
 OF THIS TITLE. EXCLUSIVE OF FINES AND PENALTIES,  THE  DEPARTMENT  SHALL
 ONLY BE REIMBURSED ITS ACTUAL COST OF ADMINISTRATION AND ENFORCEMENT.
   4.  (A) ALL NEW WASHING MACHINES SOLD FOR RESIDENTIAL USE IN THE STATE
 WITH A MICROFIBER FILTRATION SYSTEM ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND THIRTY-TWO SHALL BEAR A CONSPICUOUS STICKER OR OTHER LABEL THAT  IS
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 VISIBLE  TO  THE  CONSUMER  AND  THAT  INCLUDES THE FOLLOWING STATEMENT:
 "NOTICE: THIS WASHING MACHINE INCLUDES A FILTRATION  SYSTEM  TO  CAPTURE
 MICROFIBERS  AND  PREVENT  WATER  POLLUTION."  SUCH  STATEMENT  SHALL BE
 FOLLOWED  BY  INSTRUCTIONS REGARDING THE MANNER AND FREQUENCY WITH WHICH
 THE CONSUMER SHOULD CHECK THE SYSTEM'S FILTERS  OR  OTHER  FEATURES  AND
 DISPOSE OF ANY FIBERS OR MICROFIBERS CAPTURED.
   (B) ALL NEW WASHING MACHINES SOLD FOR COMMERCIAL USE IN THE STATE WITH
 A  MICROFIBER  FILTRATION SYSTEM ON OR AFTER JANUARY FIRST, TWO THOUSAND
 THIRTY-TWO SHALL CONTAIN THE STICKER OR OTHER LABEL DESCRIBED  IN  PARA-
 GRAPH  (A)  OF THIS SUBDIVISION, HOWEVER SUCH STICKER OR OTHER LABEL MAY
 BE PLACED IN A LOCATION THAT IS NOT VISIBLE TO USERS OF SUCH  COMMERCIAL
 WASHING MACHINE.
   5.  ANY  PERSON  WHO BECOMES A PRODUCER ON OR AFTER JANUARY FIRST, TWO
 THOUSAND THIRTY SHALL SUBMIT A PLAN TO THE DEPARTMENT FOR APPROVAL PRIOR
 TO SELLING OR OFFERING FOR SALE IN THE  STATE  ANY  MACHINE,  AND  SHALL
 COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
   6.  ON  OR BEFORE APRIL FIRST, TWO THOUSAND THIRTY-THREE, AND ANNUALLY
 THEREAFTER, A PRODUCER SHALL SUBMIT A  REPORT  TO  THE  DEPARTMENT  THAT
 INCLUDES,  FOR  THE PREVIOUS PROGRAM YEAR, A DESCRIPTION OF THE PROGRAM,
 AND THE FOLLOWING:
   (A) THE NUMBER OF WASHING MACHINES SOLD IN THE STATE UNDER EACH BRAND,
 THE NUMBER OF SUCH MACHINES SOLD WITH A  MICROFIBER  FILTRATION  SYSTEM,
 AND  NUMBER  OF EACH TYPE OF MICROFIBER FILTRATION SYSTEM, AS IDENTIFIED
 IN THE PRODUCER PLAN;
   (B) THE TOTAL COST OF IMPLEMENTING REQUIREMENTS OF THIS TITLE;
   (C) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS  AND  A
 DETAILED  LIST  OF  EFFORTS  UNDERTAKEN AND AN EVALUATION OF THE METHODS
 USED TO DISSEMINATE SUCH MATERIALS INCLUDING  RECOMMENDATIONS,  IF  ANY,
 FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND
   (D) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
 § 17-2307. RETAILER RESPONSIBILITIES.
   BEGINNING  JANUARY  FIRST,  TWO THOUSAND THIRTY-TWO, NO RETAILER SHALL
 SELL OR OFFER FOR SALE A WASHING MACHINE IN THE STATE UNLESS THE PRODUC-
 ER OF SUCH WASHING MACHINE HAS SUBMITTED A PRODUCER PLAN THAT  HAS  BEEN
 APPROVED  BY THE DEPARTMENT. A RETAILER SHALL BE IN COMPLIANCE WITH THIS
 SECTION IF, ON THE DATE THE WASHING MACHINE IS  OFFERED  FOR  SALE,  THE
 PRODUCER  IS  LISTED  ON  THE  DEPARTMENT'S  WEBSITE  AS IMPLEMENTING AN
 APPROVED PLAN OR IF THE WASHING MACHINE BRAND IS LISTED ON  THE  DEPART-
 MENT'S WEBSITE AS BEING COVERED BY AN APPROVED PLAN.
 § 17-2309. COMMERCIAL LAUNDRY SERVICE RESPONSIBILITIES.
   ON  OR AFTER THE FIRST OF JANUARY, TWO THOUSAND THIRTY-TWO, NO COMMER-
 CIAL LAUNDRY SERVICE  SHALL  OPERATE  WITHOUT  A  MICROFIBER  FILTRATION
 SYSTEM FOR ALL WASHING MACHINES IN USE. A COMMERCIAL LAUNDRY SERVICE MAY
 COMPLY  WITH  THIS  SECTION BY USING MACHINES WITH MICROFIBER FILTRATION
 SYSTEMS BUILT IN, BY INSTALLING EXTERNAL MICROFIBER  FILTRATION  SYSTEMS
 THAT  SERVE  ONE  OR  MORE  MACHINES, OR BY A COMBINATION OF INTERNAL OR
 EXTERNAL MICROFIBER FILTRATION SYSTEMS.
 § 17-2311. DEPARTMENT RESPONSIBILITIES.
   1. (A) (I) BY JANUARY FIRST, TWO THOUSAND TWENTY-NINE, THE  DEPARTMENT
 SHALL  PROMULGATE MICROFIBER FILTRATION SYSTEM PERFORMANCE STANDARDS AND
 MICROFIBER FILTRATION SYSTEM TESTING STANDARDS, FOR  MICROFIBER  FILTRA-
 TION  SYSTEMS: (1) BUILT INTO A WASHING MACHINE; (2) PACKAGED, SOLD, AND
 INSTALLED WITH A WASHING MACHINE; OR (3) INSTALLED FOR ONE OR MORE WASH-
 ING MACHINES USED BY A COMMERCIAL LAUNDRY SERVICE.
   (II) SUCH PERFORMANCE STANDARDS UNDER SUBPARAGRAPH (I) OF  THIS  PARA-
 GRAPH  SHALL  BE MADE BY THE DEPARTMENT IN CONSULTATION WITH THE WASHING
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 MACHINE MICROFIBER FILTRATION ADVISORY BOARD, AND SHALL  BE  UPDATED  NO
 LESS  FREQUENTLY THAN EVERY THREE YEARS. SUCH STANDARDS MAY CONFORM WITH
 STANDARDS ESTABLISHED BY THE AMERICAN NATIONAL STANDARDS INSTITUTE.
   (B) THE PERFORMANCE STANDARDS SHALL SET FORTH THE EFFECTIVENESS MICRO-
 FIBER  FILTRATION  SYSTEMS SHALL ACHIEVE IN REMOVING FIBERS AND MICROFI-
 BERS THAT ARE TEN MICROMETERS OR LARGER, OR A SMALLER SIZE  THE  DEPART-
 MENT  DEEMS  APPROPRIATE,  FROM  WATER USED ACROSS ALL WASHING CYCLES IN
 ORDER TO COMPLY WITH THE PROVISIONS OF THIS TITLE.
   (C) THE TESTING STANDARDS SHALL SET FORTH ONE OR MORE TESTING  METHODS
 THE  DEPARTMENT  DEEMS  EFFECTIVE  AT  DETERMINING  WHETHER A MICROFIBER
 FILTRATION SYSTEM MEETS THE PERFORMANCE STANDARDS.
   2. THE DEPARTMENT IN CONSULTATION WITH THE WASHING MACHINE  MICROFIBER
 FILTRATION  ADVISORY  BOARD  SHALL SET ANNUAL REQUIREMENTS FOR NUMBER OF
 MACHINES TO BE SOLD WITH MICROFIBER FILTRATION SYSTEMS  FOR  EACH  YEAR,
 PROVIDED THAT AT A MINIMUM:
   (I)  TEN  PERCENT OF ALL OF EACH PRODUCER'S MACHINES SOLD IN THE STATE
 IN TWO THOUSAND THIRTY-TWO SHALL BE EQUIPPED WITH MICROFIBER  FILTRATION
 SYSTEMS;
   (II) FIFTY-FIVE PERCENT OF ALL OF EACH PRODUCER'S MACHINES SOLD IN THE
 STATE  IN  TWO  THOUSAND  THIRTY-FOUR  SHALL BE EQUIPPED WITH MICROFIBER
 FILTRATION SYSTEMS; AND
   (III) ONE HUNDRED PERCENT OF ALL OF EACH PRODUCER'S MACHINES  SOLD  IN
 THE STATE IN TWO THOUSAND THIRTY-SIX AND IN ANY YEAR THEREAFTER SHALL BE
 EQUIPPED WITH MICROFIBER FILTRATION SYSTEMS.
   3.  THE DEPARTMENT SHALL MAINTAIN A LIST OF PRODUCERS WHO HAVE SUBMIT-
 TED A PRODUCER PLAN THAT HAS BEEN APPROVED BY THE DEPARTMENT PURSUANT TO
 SECTION 17-2303 OF THIS TITLE;
   (A) MAINTAIN A LIST OF EACH SUCH PRODUCER'S BRANDS; AND
   (B) POST SUCH LISTS ON THE DEPARTMENT'S WEBSITE.
   4. THE DEPARTMENT  SHALL  POST  ON  ITS  WEBSITE  EACH  PRODUCER  PLAN
 APPROVED BY THE DEPARTMENT.
   5.  WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED PLAN OR PLAN AMEND-
 MENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE PLAN AMEND-
 MENT.  IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE  DEPARTMENT  SHALL
 NOTIFY  THE  PRODUCER  IN WRITING. IF THE DEPARTMENT REJECTS THE PLAN OR
 PLAN AMENDMENT, THE DEPARTMENT SHALL NOTIFY THE  PRODUCER  OR  REPRESEN-
 TATIVE ORGANIZATION IN WRITING STATING THE REASON FOR REJECTING THE PLAN
 OR  PLAN  AMENDMENT.  A  PRODUCER  WHOSE PLAN IS REJECTED SHALL SUBMIT A
 REVISED PLAN TO THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING A  NOTICE
 OF  REJECTION.  IF  THE  DEPARTMENT REJECTS THE SUBSEQUENT PROPOSAL, THE
 PRODUCER OR PRODUCERS AT ISSUE SHALL BE OUT OF COMPLIANCE AND SUBJECT TO
 ENFORCEMENT PROVISIONS.
   6. THE DEPARTMENT SHALL SUBMIT A REPORT REGARDING  THE  IMPLEMENTATION
 OF  THIS  TITLE TO THE GOVERNOR AND LEGISLATURE BY JULY FIRST, TWO THOU-
 SAND TWENTY-NINE AND EVERY YEAR THEREAFTER THROUGH TWO THOUSAND  THIRTY-
 NINE.  THE REPORT SHALL, AT A MINIMUM, INCLUDE:
   (A)  A  DESCRIPTION OF THE PERFORMANCE STANDARDS AND TESTING STANDARDS
 PROMULGATED BY THE DEPARTMENT, AND ANY CHANGES IN SUCH  STANDARDS  SINCE
 THE PRECEDING REPORT;
   (B)  A  SUMMARY  OF  THE  METHODS  INCLUDED IN APPROVED PLANS BY WHICH
 PRODUCERS INDICATED THEY INTENDED TO MEET SUCH PERFORMANCE STANDARDS;
   (C) THE ANNUAL REQUIREMENTS FOR NUMBERS OF MACHINES TO  BE  SOLD  WITH
 MICROFIBER FILTRATION SYSTEMS, AS DETERMINED BY THE DEPARTMENT, PURSUANT
 TO PARAGRAPH (D) OF SUBDIVISION THREE OF SECTION 17-2303 OF THIS TITLE;
   (D)  AFTER  JANUARY  THIRTY-FIRST,  TWO THOUSAND THIRTY-TWO, THE TOTAL
 NUMBER AND THE NUMBER FOR EACH BRAND OF WASHING  MACHINES  SOLD  IN  THE
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 STATE,  THE  TOTAL NUMBER AND THE NUMBER FOR EACH BRAND OF MACHINES SOLD
 WITH A MICROFIBER FILTRATION SYSTEM, AND THE TOTAL NUMBER AND THE NUMBER
 FOR EACH BRAND OF EACH TYPE OF MICROFIBER FILTRATION SYSTEM;
   (E)  AN  EVALUATION  OF THE EXTENT TO WHICH EACH PRODUCER IS COMPLYING
 WITH THE REQUIREMENTS OF THIS TITLE  AND  A  DISCUSSION  OF  ENFORCEMENT
 RELATED TO THE REQUIREMENTS OF THIS TITLE;
   (F) THE TOTAL COST OF IMPLEMENTING REQUIREMENTS OF THIS TITLE; AND
   (G) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE.
 § 17-2313. WASHING MACHINE MICROFIBER FILTRATION ADVISORY BOARD.
   1.  THERE  IS  HEREBY  ESTABLISHED  WITHIN  THE DEPARTMENT THE WASHING
 MACHINE MICROFIBER FILTRATION ADVISORY BOARD TO MAKE RECOMMENDATIONS  TO
 THE  COMMISSIONER  REGARDING  IMPLEMENTATION OF THE REQUIREMENTS OF THIS
 TITLE.
   2. THE BOARD SHALL BE COMPOSED OF ELEVEN VOTING MEMBERS. SUCH  MEMBERS
 SHALL INCLUDE:
   (A) TWO REPRESENTATIVES OF WASHING MACHINE PRODUCERS;
   (B) ONE REPRESENTATIVE OF WASHING MACHINE RETAILERS;
   (C) TWO MEMBERS WITH EXPERTISE IN MICROFIBER FILTRATION TECHNOLOGY WHO
 HAVE  NOT  BEEN EMPLOYED OR OTHERWISE COMPENSATED IN THE PRECEDING THREE
 YEARS BY ANY WASHING MACHINE PRODUCER, COMMERCIAL  LAUNDRY  SERVICE,  OR
 RETAILER SUBJECT TO THE REQUIREMENTS OF THIS TITLE;
   (D) ONE REPRESENTATIVE OF OPERATORS OF MUNICIPAL WASTEWATER SYSTEMS;
   (E)  ONE  REPRESENTATIVE  OF  OPERATORS OF FACILITIES THAT USE WASHING
 MACHINES TO PROVIDE LAUNDRY SERVICES TO COMMERCIAL CLIENTS OR TO PROVIDE
 LAUNDRY SERVICES MAINTAINED OR OPERATED IN  CONNECTION  WITH  COMMERCIAL
 INSTITUTIONS;
   (F) ONE REPRESENTATIVE OF RETAIL LAUNDRY SERVICES;
   (G)  TWO REPRESENTATIVES OF STATEWIDE OR NATIONAL ENVIRONMENTAL ORGAN-
 IZATIONS; AND
   (H) ONE REPRESENTATIVE OF A CONSUMER ORGANIZATION.
   3. THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:
   (A) TWO MEMBERS TO BE APPOINTED BY  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE;
   (B) TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
   (D) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
 AND
   (E) FIVE MEMBERS TO BE APPOINTED BY THE EXECUTIVE.
   4.  SUCH  APPOINTMENTS  SHALL  BE  MADE NO LATER THAN THE FIRST DAY OF
 MARCH FOLLOWING THE DATE ON WHICH THIS TITLE TAKES EFFECT.  THE  MEMBERS
 SHALL  DESIGNATE  A CHAIR FROM AMONG THE MEMBERS BY MAJORITY VOTE. BOARD
 MEMBERS SHALL RECEIVE NO COMPENSATION BUT SHALL  BE  ENTITLED  TO  THEIR
 NECESSARY  AND  ACTUAL  EXPENSES  INCURRED  IN  CARRYING OUT THEIR BOARD
 DUTIES.
   5. THE BOARD SHALL MEET AT LEAST BIANNUALLY BY CALL OF THE CHAIR.
 § 17-2315. PENALTIES AND ENFORCEMENT.
   1. ANY PRODUCER, RETAILER, OR COMMERCIAL LAUNDRY SERVICE THAT VIOLATES
 ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT  TO  THIS
 TITLE  SHALL  BE  LIABLE  FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
 DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF  NOT  MORE  THAN
 FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
 CIVIL  PENALTIES  SHALL BE ASSESSED BY THE DEPARTMENT AFTER A HEARING OR
 OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF
 THIS CHAPTER, OR SHALL BE  ASSESSED  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING PURSUANT TO THIS SECTION. IN ADDITION TO ANY CIVIL PENALTIES,
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 ANY  PRODUCER,  RETAILER,  OR  COMMERCIAL LAUNDRY SERVICE MAY BY SIMILAR
 PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
   2.  IN  A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, SUCH CITY
 SHALL, IN ADDITION TO ANY AUTHORITY OTHERWISE CONFERRED IN THIS CHAPTER,
 HAVE CONCURRENT AUTHORITY TO ENFORCE, BY AN AGENCY  OR  AGENCIES  DESIG-
 NATED  FOR  SUCH  PURPOSE  BY  THE MAYOR OF SUCH CITY, THE PROVISIONS OF
 SECTION 17-2309 OF THIS TITLE. ANY NOTICE  OF  VIOLATION  ISSUED  BY  AN
 AGENCY  DESIGNATED  BY  THE  MAYOR  OF SUCH CITY CHARGING A VIOLATION OF
 SECTION 17-2309 OF THIS TITLE SHALL BE RETURNABLE TO  THE  ENVIRONMENTAL
 CONTROL  BOARD OF SUCH CITY. SUCH ENVIRONMENTAL CONTROL BOARD SHALL HAVE
 THE POWER TO IMPOSE THE CIVIL PENALTIES SET FORTH IN SUBDIVISION ONE  OF
 THIS  SECTION.  ALL  CIVIL PENALTIES COLLECTED FOR ANY VIOLATION OF THIS
 TITLE THAT HAVE BEEN IMPOSED BY THE ENVIRONMENTAL CONTROL BOARD OF  SUCH
 CITY  SHALL  BE PAID INTO THE GENERAL FUND OF SUCH CITY. SUCH CITY SHALL
 SHARE INFORMATION WITH THE DEPARTMENT REGARDING  ENFORCEMENT,  INCLUDING
 NOTICES  OF  VIOLATION  ISSUED  AND  PENALTIES IMPOSED AND COLLECTED FOR
 VIOLATIONS IN SUCH CITY.
 § 17-2317. RULES AND REGULATIONS.
   THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES  AND  REGULATIONS
 IT DEEMS NECESSARY TO IMPLEMENT THIS TITLE.
   § 3. Section 71-1701 of the environmental conservation law, as amended
 by chapter 795 of the laws of 2022, is amended to read as follows:
 § 71-1701. Applicability of this title.
   This title shall be applicable to the enforcement of TITLE 35 OF ARTI-
 CLE  15;  titles  1  through  11 and titles 15 through 19 of article 17;
 article 19; and titles 1 and 33 of article 27.
   § 4. This act shall take effect immediately.