senate Bill S3502

Relates to mandatory acceptance of empty beverage containers

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to mandatory acceptance of empty beverage containers.

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Bill Details

Versions:
S3502
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง27-1007, En Con L

Sponsor Memo

BILL NUMBER:S3502

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to mandatory acceptance of empty beverage containers

PURPOSE: To exempt places of business less than 2000 square feet from
being mandated to accept returns of empty containers.

SUMMARY OF PROVISIONS:

Section 1 exempts places of business less than 2000 square feet from
being mandated to accept returns of empty containers. This section also
removes the right to have such places of business except empty contain-
ers from the New York Bottle Bill of Rights.

Section 2 provides that this legislation shall take effect immediately.

CURRENT LAW: Stores are required to accept empty container regardless
of their size.

JUSTIFICATION: Stores under 2000 square feet lack adequate space to be
able to store empty containers that are returned to them. This often
leads to unsanitary conditions as many of these same stores prepare and
sell food. The lack of space in these stores makes it nearly impossible
to not store dirty returned containers adjacent to food products. There
exist adequate alternative locations to return empty containers for
those who wish to recycle and reclaim their deposits that do not create
similar unsanitary conditions.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3502

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  mandatory acceptance of empty beverage containers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007 of the environmental conservation law, as added by section 4  of
part  SS  of  chapter  59  of  the  laws of 2009, are amended to read as
follows:
  (a) A dealer shall accept at his or her place  of  business,  PROVIDED
THAT  SUCH  PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET,
from a redeemer any empty beverage  containers  of  the  design,  shape,
size, color, composition and brand sold or offered for sale by the deal-
er, 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. The use or presence 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.
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08619-01-3

S. 3502                             2

 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, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS  LARGER  THAN
TWO  THOUSAND SQUARE FEET. 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.
  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.
  S 2. This act shall take effect immediately.

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