S T A T E O F N E W Y O R K
________________________________________________________________________
839
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, KELLNER -- Multi-Sponsored
by -- M. of A. BRENNAN, COLTON, ORTIZ -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
granting the director of a municipality the power to enforce the
redemption of beverage containers at redemption centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-1013 of the environmental conservation law, as
amended by chapter 149 of the laws of 1983, is amended to read as
follows:
S 27-1013. Redemption centers.
The commissioner is hereby empowered to promulgate rules and regu-
lations governing (1) the circumstances in which dealers and distribu-
tors, individually or collectively, are required to accept the return of
empty beverage containers, and make payment therefor; (2) the sorting of
the containers which a distributor may require of dealers and redemption
centers; (3) the pick up of returned beverage containers by distribu-
tors, 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) 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 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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02716-01-9
A. 839 2
distributor's place of business. Operators of such redemption centers
shall receive payment of the refund value of each beverage container
from the appropriate manufacturer or distributor as provided under
sections 27-1007 and 27-1009 of this title. THE DIRECTOR OF A MUNICI-
PALITY SHALL HAVE THE SAME POWERS AS ENVIRONMENTAL CONSERVATION OFFICERS
UNDER THIS TITLE TO ENFORCE THE PROVISIONS OF THIS SECTION AND ALL RULES
AND REGULATIONS PROMULGATED BY THE COMMISSIONER TO ENFORCE THIS SECTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.