NY State Assembly Bill 2009-A10249

Assembly Bill A10249

2009-2010 Legislative Session

Provides for the design and use of in-home reverse vending machines for beverage containers

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2010	referred to environmental conservation

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2009-A10249 (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1003 & 27-1013, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5499
2013-2014: A5817
2015-2016: A6469

2009-A10249 (ACTIVE) - Summary

Provides for the design and use of in-home reverse vending machines for beverage containers; authorizes the commissioner of environmental conservation to award a $125,000 grant to the designer or inventor of the best design of such a machine.

2009-A10249 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10249

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to authorizing and directing the commissioner of  environmental
conservation  to  establish  rules  and  regulations for in-home reverse
vending machines; and directing such commissioner to determine the  best
design  for  such  in-home  machines  and providing for the payment of a
grant to the designer or inventor thereof

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to  provide
for  the  design an use of in-home reverse vending machines for beverage
containers.

SUMMARY OF SPECIFIC PROVISIONS: "In-home reverse vending machine"  means
a  reverse  vending  machine  placed  in  the residence or business of a
consumer which issues a scrip or receipt to such consumer for the refund
value of all beverage containers to be paid by a redemption center.

Terms of contracts providing for the payment by  redemption  centers  of
the  refund  value  of  beverage containers deposited in in-home reverse
vending machines and the collection  of  such  deposited  containers  by
redemption centers.

The  commissioner  shall  promulgate  rules and regulation governing the
design, operation and availability of in-home reverse vending  machines.
Furthermore,  the  commissioner  shall  submit  to  the legislature such

legislative proposals as he or she shall deem necessary  for  the  regu-
lation and use of in-home reverse vending machines.

JUSTIFICATION: Under the current bottle bill law, consumers are required
to  pay a five cent deposit on most beverage and water bottles and would
receive that deposit back once the used bottle was returned for  recycl-
ing.

Consumers usually accumulate large quantities of empty bottles and even-
tually  return them to a beverage bottle recycling center or machine. In
many cases, the consumers experience in returning these bottles  can  be
very difficult at the least.

Redemption  centers  usually  close early, refuse to accept bottles that
the vendor does not sell, machines that are  full  or  broken  encourage
consumers to dispose of their empty bottles into the water stream rather
than  recycle  them. Unredeemed bottle funds then either go to the Envi-
ronmental Protection Fund (EPF) or in  many  cases  the  states  general
fund.  The  clear intent of the current law is to encourage consumers to
recycle their beverage bottles rather than throw them in the garbage.

The purpose of this bill is to provide a one-time grant to  the  company
that  provides  the  best  design  and implementation plan for a smaller
scale in-home bottle recycling machine  that  shreds  used  bottles  and
records the deposits on an electronic smart card for later redemption of
the shredded materials and deposit fees.

Beverage  manufacturer  and  recycling  center  operating  costs will be
reduced as the number of  in-home  machines  increase  and  become  less
dependent on current traditional recycling facilities.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

2009-A10249 (ACTIVE) - Bill Text download pdf

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

                                  10249

                          I N  A S S E M B L Y

                             March 12, 2010
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, TITONE, CASTRO, GUNTHER -- Multi-
  Sponsored by -- M. of A.  BOYLAND, HOOPER, JACOBS, MENG, THIELE, WEIS-
  ENBERG -- read once and referred to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  authorizing and directing the commissioner of environmental  conserva-
  tion  to  establish  rules and regulations for in-home reverse vending
  machines; and directing such commissioner to determine the best design
  for such in-home machines and providing for the payment of a grant  to
  the designer or inventor thereof

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

  Section 1. Section 27-1003 of the environmental  conservation  law  is
amended by adding a new subdivision 12-a to read as follows:
  12-A.  "IN-HOME  REVERSE  VENDING  MACHINE"  MEANS  A  REVERSE VENDING
MACHINE PLACED IN THE RESIDENCE OR BUSINESS OF A CONSUMER WHICH ISSUES A
SCRIP OR RECEIPT TO SUCH CONSUMER FOR THE REFUND VALUE OF  ALL  BEVERAGE
CONTAINERS TO BE PAID BY A REDEMPTION CENTER.
  S 2. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND IN-HOME REVERSE VENDING MACHINES.
  1.  The commissioner is hereby empowered to promulgate rules and regu-
lations governing [(1)] (A)  the  circumstances  in  which  dealers  and
distributors,  individually  or collectively, are required to accept the
return of empty beverage containers, and make  payment  therefor;  [(2)]
(B) the sorting of the containers which a deposit initiator or distribu-
tor  may  require  of  dealers  and  redemption  centers;  [(3)] (C) the
collection of returned beverage  containers  by  deposit  initiators  or
distributors, including the party to whom such expense is to be charged,
the  frequency of such pick ups and the payment for refunds and handling
fees thereon; [(4)] (D) the right of dealers to restrict  or  limit  the
number  of containers redeemed, the rules for redemption at the dealers'
place of business, and the redemption of containers from a beverage  for

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

                                                           LBD15470-01-0

A. 10249                            2

which  sales  have  been  discontinued, and to issue permits to persons,
firms or corporations which establish  redemption  centers,  subject  to
applicable  provisions  of  local and state laws, at which redeemers and
dealers  may return empty beverage containers and receive payment of the
refund value of such beverage containers; AND  (E)  TERMS  OF  CONTRACTS
PROVIDING  FOR  THE PAYMENT BY REDEMPTION CENTERS OF THE REFUND VALUE OF
BEVERAGE CONTAINERS DEPOSITED IN IN-HOME REVERSE  VENDING  MACHINES  AND
THE  COLLECTION  OF  SUCH DEPOSITED CONTAINERS BY REDEMPTION CENTERS. No
dealer or distributor, as defined in  section  27-1003  of  this  title,
shall  be  required to obtain a permit to operate a redemption center at
the same location as the dealer's or distributor's  place  of  business.
Operators of such redemption centers shall receive payment of the refund
value  of each beverage container from the appropriate deposit initiator
or distributor as provided under section 27-1007 of this title.
  2. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  GOVERNING
THE  DESIGN,  OPERATION  AND  AVAILABILITY  OF  IN-HOME  REVERSE VENDING
MACHINES.  FURTHERMORE, THE COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE
SUCH LEGISLATIVE PROPOSALS AS HE OR SHE SHALL  DEEM  NECESSARY  FOR  THE
REGULATION AND USE OF IN-HOME REVERSE VENDING MACHINES.
  S  3. (a) The commissioner of environmental conservation shall solicit
and any person may submit to such commissioner a  design  for  an  effi-
cient,  accurate,  reliable  and  easy  to  use  in-home reverse vending
machine, as defined in subdivision 12-a of section 27-1003 of the  envi-
ronmental conservation law. The commissioner shall establish and publish
standards  for the design of reverse vending machines to be used in this
state.
  (b) On or before January 1, 2012,  the  commissioner  shall  from  the
designs  and prototype in-home reverse vending machines submitted to him
or her, determine which design or prototype thereof is the  best  design
and  most closely meets the standards therefor. The designer or inventor
of the best design or prototype shall be awarded a grant of one  hundred
twenty  thousand  dollars. Notwithstanding any other provision of law to
the contrary, such grant shall be paid from the solid waste  account  of
the environmental protection fund.
  S 4. This act shall take effect immediately.

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Assembly Bill A10249

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Matthew Titone

Nelson Castro

Aileen Gunther

Adriano Espaillat

multi-Sponsors

William Boyland

Earlene Hooper

Rhoda Jacobs

Grace Meng

2009-A10249 (ACTIVE) - Details

2009-A10249 (ACTIVE) - Summary

2009-A10249 (ACTIVE) - Sponsor Memo

2009-A10249 (ACTIVE) - Bill Text download pdf

Comments