S T A T E O F N E W Y O R K
________________________________________________________________________
8143
2009-2010 Regular Sessions
I N A S S E M B L Y
May 6, 2009
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Introduced by M. of A. DESTITO, MORELLE, SCHROEDER, LENTOL, SCHIMMINGER,
STIRPE, MAGEE, GABRYSZAK -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend chapter 59 of the laws of 2009, amending the environ-
mental conservation law and the economic development law relating to
including additional beverage containers, in relation to the effec-
tiveness thereof; relating to including additional beverage contain-
ers, in relation to requiring a study on fraud and improper redemp-
tion; to amend the environmental conservation law, in relation to
returnable beverage containers; and to repeal certain provisions of
the environmental conservation law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 16 of part SS of chapter 59 of the
laws of 2009, amending the environmental conservation law and the
economic development law relating to including additional beverage
containers, is amended to read as follows:
1. [sections] SECTION two [and] OF THIS ACT SHALL TAKE EFFECT OCTOBER
1, 2009;
1-A. SECTION three of this act shall take effect April 1, 2009;
S 2. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law is REPEALED.
S 3. Paragraph (a) of subdivision 3 of section 27-1007 of the environ-
mental conservation law, as added by section 4 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11414-04-9
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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] OR
S 4. Subdivision 1 of section 27-1007 of the environmental conserva-
tion law, as added by section 4 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
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] THIRTY
days without requiring the purchase of other goods. SUCH SCRIP OR
RECEIPT SHALL CLEARLY INDICATE THE EXPIRATION THEREOF. 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 exceeds: (i) forty thousand square feet but is
less than sixty thousand square feet shall install and maintain at least
three reverse vending machines at the dealer's place of business; (ii)
sixty thousand square feet but is less than eighty-five thousand square
feet shall install and maintain at least four reverse vending machines
at the dealer's place of business; or (iii) eighty-five thousand square
feet shall install and maintain at least eight reverse vending machines
at the dealer's place of business; provided, however, that the require-
ments of this paragraph to install and maintain reverse vending machines
shall not apply to a dealer that sells only refrigerated beverage
containers of twenty ounces or less where each beverage container is
sold as an individual container that is not connected to or packaged
with any other beverage container.
(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.
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(D) The commissioner [may] SHALL establish in rules and regulations
additional standards for the efficient processing of beverage containers
by such dealers. SUCH RULES AND REGULATIONS SHALL INCLUDE A PROVISION
FOR A WAIVER FROM THE REQUIREMENTS OF THIS SECTION IF A DEALER CAN
REASONABLY DEMONSTRATE THAT THEY PLAN TO IMPLANT AN ALTERNATIVE MECH-
ANISM FOR CONVENIENTLY AND EFFICIENTLY ACCEPTING BEVERAGE CONTAINERS FOR
REDEMPTION. SUCH REGULATIONS MAY ALSO PROVIDE THAT A DEALER UNDER
SUBPARAGRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION MAY MAINTAIN
LESS THAN EIGHT BUT GREATER THAN FIVE REVERSE VENDING MACHINES IF SUCH
DEALER CAN DEMONSTRATE THAT EIGHT REVERSE VENDING MACHINES ARE NOT
NECESSARY FOR THE CONVENIENT AND EFFICIENT REDEMPTION OF BEVERAGE
CONTAINERS.
[(d)] (E) For the purposes of this subdivision on any day that a deal-
er 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.
(F) FOR THE PURPOSES OF THIS SUBDIVISION A DEALER SHALL NOT INCLUDE A
RETAIL OR WHOLESALE ESTABLISHMENT, OTHER THAN A FOOD SERVICE ESTABLISH-
MENT, WHERE TWENTY-FIVE PERCENT OR MORE OF GROSS SALES INCLUDE
PRESCRIPTION OR NON-PRESCRIPTION MEDICINES AND/OR ANY COOKED OR UNCOOKED
ARTICLE OF FOOD, DRINK, CONFECTION OR CONDIMENT USED FOR OR INTENDED TO
BE USED FOR HUMAN CONSUMPTION OFF THE PREMISES, IS STORED, SOLD,
PREPARED, COOKED OR OFFERED FOR SALE AT RETAIL SUCH AS CANDY MANUFACTUR-
ERS, CONFECTIONERIES, FISH MARKETS, FRUIT AND VEGETABLE MARKETS, GROCERY
STORES, CONVENIENCE STORES, MEAT MARKETS, NUT STORES, DRESSED POULTRY
MARKETS, RETAIL BAKERIES, BAKERY OUTLETS, OR ANY SIMILAR ESTABLISHMENTS.
S 5. Subdivision 1 of section 27-1012 of the environmental conserva-
tion law, as added by section 8 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
1. Each deposit initiator shall deposit in a refund value account an
amount equal to the refund value initiated under section 27-1005 of this
title which is received with respect to each beverage container sold by
such deposit initiator. Such deposit initiator shall hold the amounts in
the refund value account in trust for the state. A refund value account
shall be an interest-bearing account established in a banking institu-
tion located in this state, the deposits in which are insured by an
agency of the federal government. Deposits of such amounts into the
refund value account shall be made not less frequently than every [five]
TEN business days. All interest, dividends and returns earned on the
refund value account shall be paid directly into said account. The
monies in such accounts shall be kept separate and apart from all other
monies in the possession of the deposit initiator. The commissioner of
taxation and finance may specify a system of accounts and records to be
maintained with respect to accounts established under this subdivision.
S 6. Part SS of chapter 59 of the laws of 2009 amending the environ-
mental conservation law and the economic development law relating to
including additional beverage containers, is amended by adding a new
section 15-a to read as follows:
S 15-A. ON OR BEFORE SEPTEMBER 30, 2010, THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, IN CONJUNCTION WITH THE COMMISSIONER OF TAXATION
AND FINANCE, SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE
SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES, REGARDING ANY
ISSUES OF FRAUD OR REDEMPTION OF NON-NEW YORK STATE BEVERAGE CONTAINERS.
SUCH REPORT SHALL INCLUDE ANY DATA RELATING TO THE OCCURRENCE AND
FREQUENCY OF SUCH FRAUD OR IMPROPER REDEMPTION. WHEN PREPARING THE
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REPORT, THE COMMISSIONERS MAY CONSULT WITH BOTTLERS, DEPOSIT INITIATORS,
AND/OR DISTRIBUTORS TO DETERMINE IF, AND TO WHAT EXTENT, FRAUD OR
IMPROPER REDEMPTION HAS OCCURRED. IN ADDITION TO THE COLLECTION AND
REPORTING OF THE DATA, THE REPORT SHALL CONTAIN ANY SUGGESTED LEGISLA-
TIVE RECOMMENDATIONS THAT CAN BE IMPLEMENTED TO THWART SUCH FRAUD OR
IMPROPER REDEMPTION IN THE FUTURE.
S 7. This act shall take effect immediately; provided, however that
the amendments to chapter 59 of the laws of 2009 made by section one of
this act shall be deemed to have been in full force and effect on and
after April 1, 2009; provided that the amendments to section 27-1007 of
the environmental conservation law made by sections three and four of
this act shall take effect on the same date and in the same manner as
part SS of chapter 59 of the laws of 2009, takes effect.