NY State Senate Bill 2009-S1722

Senate Bill S1722

2009-2010 Legislative Session

Relates to surplus revenues collected from returnable beverage containers, NY state specific UPC codes and the collection of deposits for bottles of water; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Sep 10, 2009	print number 1722a
Sep 10, 2009	amend (t) and recommit to environmental conservation
Feb 05, 2009	referred to environmental conservation

Bill Amendments

Original

A (Active)

2009-S1722 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1012, rpld sub 12, En Con L; amd Part SS §16, Chap 59 of 2009

2009-S1722 - Summary

Relates to surplus revenues collected from returnable beverage containers, New York state specific UPC codes and the collection of deposits for bottles of water.

2009-S1722 - Sponsor Memo

                                 BILL NUMBER:  S1722

 TITLE OF BILL :

An act to amend the environmental conservation law, the economic
development law and the state finance law, in relation to returnable
beverage containers; and to repeal sections 27-1005, 27-1007 and
subdivision 2 of section 27-1011 of the environmental conservation law
relating thereto


 PURPOSE :

This bill: (1) expands the state's returnable container act (the
"bottle bill") to include non-carbonated beverage containers; (2)
requires payment by deposit initiators (generally, manufacturers or
distributors) of unclaimed deposits to the Environmental Protection
Fund (EPF); and (3) provides financial incentives to municipalities,
not-for-profit organizations and businesses to enhance container
recycling capabilities.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Environmental Conservation law (ECL) §
27-1001 to make it consistent with other ECL sections that are revised
by the bill.

Sections 2 and 3 of the bill amend ECL § 27-1003 to: (1) define the
class of beverage containers that are subject to the expanded bottle
bill, and (2) add several new subdivisions thereto to define new terms
and concepts used in the expanded bottle bill.  Bottles, cans and jars
used to contain liquor, wine, infant formula, milk and dairy products,
rice and soy milks, dietary supplements, medications, concentrates and
soups remain exempt from the bottle bill.

Sections 4 and 5 of the bill repeal and replace ECL §§ 27-1005 and
27-1007, and amend ECL § 27-1009, to: (1) define and clarify the
rights and legal obligations of persons subject to the expanded bottle
bill; and (2) increase the fee paid to retailers for the handling of
empty beverage containers.

Sections 6 and 6-a of the bill repeal and renumber certain
subdivisions of ECL § 27--1011 to make these sections consistent with
other ECL sections that are revised by the bill.

Section 7 of the bill adds a new section 27-1012 to the ECL to: (1)
require deposit initiators to pay unclaimed refund values to the State
for deposit in the EPF; (2) specify procedures and requirements for
registration of deposit initiators and the collection, handling and
payment of refund values, (3) provide the Commissioner of Taxation and
Finance with the authority to administer and enforce several
provisions of the expanded bottle bill, including those relating to
registration of deposit initiators, maintenance of accounts and
records, reporting requirements and payment obligations, and (4) add
penalties for violation of these new provisions.

Section 8 of the bill amends ECL § 27-1013 to make it consistent with
other ECL sections that are revised by the bill.

Section 9 of the bill amends ECL § 27-1014 to clarify the authority of
the Commissioner of Environmental Conservation to adopt rules and
regulations.

Section 10 of the bill amends ECL § 27-1015 to expand and clarify the
penalties for violation of the expanded bottle bill.

Section 11 of the bill adds a new section 27-1016 to the ECL to
require the Commissioner of Environmental Conservation to establish a
public education program to disseminate information about
implementation of the expanded bottle bill.

Section 12 of the bill amends ECL § 27-1017 to clarify the authority
of political subdivisions to enforce certain provisions of the
expanded bottle bill.

Section 13 of the bill adds a new section 27-1018 to the ECL to create
a "returnable container act advisory board" to monitor and make
recommendations to the Governor and legislature concerning the State's
beverage container recycling program.

Section 14 of the bill adds a new section 27-1019 to the ECL, and
section 15 of the bill amends Economic Development law (EDL) § 261, to
provide for assistance payments to municipalities and not-for-profit
organizations under to the ECL, and to businesses under the EDL, to
defray the costs of purchasing and improving beverage container
recycling equipment and facilities.

Section 16 of the bill amends State Finance law (SFL) § 92-s(3) to
require that unclaimed refund values paid to the state be deposited
into the EPF.

Section 17 of the bill amends SFL § 92-s(6) to authorize that moneys
from the solid waste account be available for the beverage container
assistance program created by the new section 27-1019 of the ECL.

Section 18 of the bill sets forth the effective dates for the various
sections of the bill.

 EXISTING LAW :

The current bottle bill does not require the collection of deposits
on, or the redemption of, non-carbonated beverage containers. In
addition, the current bottle bill does not mandate that revenues from
unclaimed deposits be paid to the State.

 STATEMENT IN SUPPORT :

New York's "bottle bill" is one of the State's most successful
recycling and anti-litter initiatives. There is less litter and broken
glass in our streets, farm fields, playgrounds, parks and beaches as a
result of the bottle bill. It has also reduced the burden of solid
waste disposal that is shouldered by local governments and taxpayers.

Since the enactment of the original bottle bill in 1982,
non-carbonated beverages such as bottled water, juices, teas and
sports drinks have become extremely popular.  Millions of bottles and
cans from such beverages end up in the trash or littering the
environment because consumers lack an incentive to recycle such
containers.

Updating the bottle bill to include non-carbonated beverages will
provide an incentive to make our environment cleaner and safer by
increasing recycling. By requiring beverage companies to provide
unclaimed deposits to the State for deposit into the EPF, the bill
will also generate new funding for State and local environmental
programs. It is estimated that expansion of the bottle bill will
result in at least $100 million for deposit into the EPF.

 LEGISLATIVE HISTORY :
2007-2008:  S.5850-A

 FISCAL IMPLICATIONS :
This bill will result in annual revenues of approximately $100 million
for deposit in the EPF.

 EFFECTIVE DATE :
The bill becomes effective upon enactment; provided however, that
sections 2, 3 and 7 of the bill take effect September 1, 2009;
sections, 5, 6, 6-a, 8, 10, 12 and 13 take effect January 1, 2010; and
the requirements to make deposits, file reports and make withdrawals
and payments under section 27-1012 of the Eel as added by section 7 of
the bill first apply to the period beginning on January 1, 2009 and
ending February 28, 2010.

2009-S1722 - Bill Text download pdf

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

                                  1722

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, the economic  devel-
  opment law and the state finance law, in relation to returnable bever-
  age  containers;  and to repeal sections 27-1005, 27-1007 and subdivi-
  sion 2 of  section  27-1011  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. Section 27-1001 of the environmental conservation  law,  as
added by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1001. Legislative findings.
  The  legislature hereby finds that litter composed of discarded [soft-
drink, beer and ale bottles and cans] BEVERAGE CONTAINERS is  a  growing
problem of state concern and a direct threat to the health and safety of
the  citizens  of  this  state.  Discarded  beverage  [bottles and cans]
CONTAINERS create a hazard to vehicular traffic, a  source  of  physical
injury  to  pedestrians[,]  AND farm animals [and], A HAZARD TO FARM AND
OTHER machinery and an unsightly accumulation of litter  which  must  be
disposed  of  at  increasing public expense. Beverage [bottles and cans]
CONTAINERS also create an unnecessary addition to the state's and  muni-
cipalities'   already  overburdened  solid  waste  and  refuse  disposal
systems.  Unsegregated disposal of such [bottles  and  cans]  CONTAINERS
creates  an  impediment  to the efficient operation of resource recovery
plants. Further, the legislature finds that the uninhibited  discard  of
beverage  containers  constitutes  a  waste  of  both mineral and energy
resources. The legislature hereby finds that requiring a deposit on  all
beverage  containers,  along  with  certain other facilitating measures,
will provide a necessary incentive for the  economically  efficient  and
environmentally benign collection and recycling of such containers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06869-01-9

S. 1722                             2

  S  2.    Subdivisions  1 and 2 of section 27-1003 of the environmental
conservation law, subdivision 1 as amended by chapter 778 of the laws of
1988 and subdivision 2 as amended by chapter 546 of the  laws  of  1986,
are amended to read as follows:
  1.  "Beverage"  means  [carbonated  soft  drinks,  mineral water, soda
water, beer, other malt beverages and  a  wine  product  as  defined  in
subdivision  thirty-six-a  of  section  three  of the alcoholic beverage
control law.  "Malt beverages" means any beverage obtained by the  alco-
holic  fermentation  or  infusion or decoction of barley, malt, hops, or
other wholesome grain or cereal and water including, but not limited  to
ale,  stout or malt liquor.] ALL CARBONATED AND NON-CARBONATED DRINKS IN
LIQUID FORM AND  INTENDED  FOR  INTERNAL  HUMAN  CONSUMPTION.  THE  TERM
"BEVERAGE" SHALL NOT INCLUDE:
  A.  MILK  AND  DAIRY  DERIVED  PRODUCTS. "MILK" MEANS WHOLE MILK, SKIM
MILK, LOW-FAT MILK, CREAM, CULTURED MILK, YOGURT OR ANY  COMBINATION  OF
THOSE  PRODUCTS.  THE TERM "DAIRY DERIVED PRODUCTS" INCLUDES ANY PRODUCT
OF WHICH MORE THAN FIFTY PERCENT OF THE INGREDIENTS ARE MILK, MILK  FAT,
CULTURED MILK OR YOGURT;
  B. RICE MILK OR SOY MILK;
  C. INFANT FORMULA;
  D.  ALCOHOLIC BEVERAGES OTHER THAN BEER, OTHER MALT BEVERAGES AND WINE
PRODUCTS AS DEFINED IN SUBDIVISION THIRTY-SIX-A OF SECTION THREE OF  THE
ALCOHOLIC  BEVERAGE  CONTROL  LAW.  "MALT  BEVERAGES" MEANS ANY BEVERAGE
OBTAINED BY THE ALCOHOLIC  FERMENTATION  OR  INFUSION  OR  DECOCTION  OF
BARLEY, MALT, HOPS, OR OTHER WHOLESOME GRAIN OR CEREAL AND WATER INCLUD-
ING, BUT NOT LIMITED TO ALE, STOUT OR MALT LIQUOR;
  E.  A  LIQUID  THAT  IS  A SYRUP, IN A CONCENTRATED FORM, OR TYPICALLY
ADDED AT LESS THAN FIVE PERCENT AS A MINOR FLAVORING INGREDIENT IN  FOOD
OR DRINK, SUCH AS EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
  F.  A  LIQUID  THAT IS A MEDICAL PRESCRIPTION OR OVER-THE-COUNTER DRUG
REGULATED BY THE FOOD AND DRUG ADMINISTRATION AND CONSUMED FOR MEDICINAL
PURPOSES ONLY;
  G. A LIQUID THAT IS (I) A DIETARY SUPPLEMENT AS DEFINED  BY  THE  FOOD
AND  DRUG  ADMINISTRATION  EXCEPT  ONE THAT IS DESIGNED, MARKETED AND/OR
INTENDED TO BE CONSUMED AS A BEVERAGE SUCH  AS  A  SPORTS  OR  HYDRATION
DRINK,  OR  (II)  DESIGNED, MARKETED AND/OR INTENDED TO BE CONSUMED AS A
MEAL OR MEAL SUBSTITUTE AS PART OF A WEIGHT LOSS PROGRAM, SUCH AS A DIET
SHAKE;
  H. PRODUCTS FROZEN AT THE TIME OF SALE;
  I. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
  J. INSTANT DRINK POWDERS; AND
  K. SEAFOOD, MEAT OR VEGETABLE BROTHS, OR SOUPS.
  2. "Beverage container" means the individual, separate, sealed  glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
LESS  THAN one gallon or [3.8] 3.78 liters [or less] at the time of sale
OR OFFER FOR SALE of a beverage intended for use or consumption in  this
state.  Beverage  containers  sold  or  OFFERED  FOR SALE OR distributed
aboard aircraft or ships shall be considered  as  intended  for  use  or
consumption outside this state.
  S  3.  Subdivisions  6  and  9 of section 27-1003 of the environmental
conservation law, as added by chapter 200  of  the  laws  of  1982,  are
amended  and four new subdivisions 2-a, 5-a, 12 and 13 are added to read
as follows:
  2-A. "BOTTLER" MEANS A PERSON WHO:
  A. BOTTLES, CANS OR OTHERWISE PACKAGES BEVERAGES IN BEVERAGE  CONTAIN-
ERS  EXCEPT THAT IF SUCH PACKAGING IS FOR A DISTRIBUTOR HAVING THE RIGHT

S. 1722                             3

TO BOTTLE, CAN OR OTHERWISE PACKAGE THE SAME  BRAND  OF  BEVERAGE,  THEN
SUCH DISTRIBUTOR SHALL BE THE BOTTLER; OR
  B. IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED STATES.
  5-A.  A  "DEPOSIT  INITIATOR"  FOR EACH BEVERAGE CONTAINER FOR WHICH A
REFUND VALUE IS ESTABLISHED UNDER SECTION 27-1005 OF THIS TITLE MEANS:
  A. THE BOTTLER OF THE BEVERAGE IN SUCH CONTAINER;
  B. THE DISTRIBUTOR OF SUCH CONTAINER IF SUCH DISTRIBUTOR'S PURCHASE OF
SUCH CONTAINER WAS NOT, DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOS-
IT INITIATOR;
  C. A DEALER OF SUCH CONTAINER  WHO  SELLS  OR  OFFERS  FOR  SALE  SUCH
CONTAINER  IN  THIS  STATE,  WHOSE  PURCHASE  OF SUCH CONTAINER WAS NOT,
DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOSIT INITIATOR; OR
  D. AN AGENT ACTING ON BEHALF OF A REGISTERED DEPOSIT INITIATOR.
  6.    "Distributor"  means  any  person,  firm  or  corporation  which
[bottles,  cans  or  otherwise fills or packages beverage containers, or
which] engages in the sale OR OFFER FOR  SALE  of  [such]  BEVERAGES  IN
BEVERAGE containers to a dealer.
  9.  "Redemption  center"  means any [establishment offering to pay the
refund value of a beverage container] PERSON OFFERING TO PAY THE  REFUND
VALUE  OF  AN  EMPTY BEVERAGE CONTAINER TO A REDEEMER, OR ANY PERSON WHO
CONTRACTS WITH ONE OR MORE DEALERS OR DISTRIBUTORS TO COLLECT, SORT  AND
OBTAIN  THE  REFUND  VALUE AND HANDLING FEE OF EMPTY BEVERAGE CONTAINERS
FOR, OR ON BEHALF OF, SUCH DEALER OR DISTRIBUTOR under the provisions of
section 27-1013 of this title.
  12. "REVERSE VENDING MACHINE" MEANS AN AUTOMATED DEVICE  THAT  USES  A
LASER  SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY RECOG-
NIZE THE UNIVERSAL PRODUCT CODE (UPC) ON CONTAINERS TO DETERMINE IF  THE
CONTAINER IS REDEEMABLE AND ACCUMULATES INFORMATION REGARDING CONTAINERS
REDEEMED,  INCLUDING  THE  NUMBER  OF  SUCH CONTAINERS REDEEMED, THEREBY
ENABLING THE REVERSE VENDING MACHINE TO ACCEPT CONTAINERS FROM REDEEMERS
AND TO ISSUE A SCRIP OR RECEIPT FOR THEIR REFUND VALUE.
  13. "UNIVERSAL PRODUCT CODE OR UPC CODE" MEANS A STANDARD FOR ENCODING
A SET OF LINES AND SPACES THAT  CAN  BE  SCANNED  AND  INTERPRETED  INTO
NUMBERS  TO IDENTIFY A PRODUCT. UNIVERSAL PRODUCT CODE MAY ALSO MEAN ANY
ACCEPTED INDUSTRY BARCODE WHICH REPLACES THE UPC CODE INCLUDING BUT  NOT
LIMITED TO UNIVERSAL PRODUCT CODE (UPC), EAN AND OTHER CODES THAT MAY BE
USED TO IDENTIFY A PRODUCT.
  S  4.  Sections  27-1005 and 27-1007 of the environmental conservation
law are REPEALED and two new sections 27-1005 and 27-1007 are  added  to
read as follows:
S 27-1005. REFUND VALUE.
  NO  PERSON  SHALL  SELL OR OFFER FOR SALE A BEVERAGE CONTAINER IN THIS
STATE UNLESS THE DEPOSIT ON SUCH  BEVERAGE  CONTAINER  IS  OR  HAS  BEEN
COLLECTED  BY  A  REGISTERED DEPOSIT INITIATOR AND UNLESS SUCH CONTAINER
HAS A REFUND VALUE OF NOT LESS THAN FIVE CENTS WHICH  IS  CLEARLY  INDI-
CATED THEREON AS PROVIDED IN SECTION 27-1011 OF THIS TITLE.
S 27-1007. MANDATORY ACCEPTANCE.
  EXCEPT AS PROVIDED IN SECTION 27-1009 OF THIS TITLE:
  1.  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 DAYS

S. 1722                             4

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 VEND-
ING 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.    A
DEALER  WHOSE  PLACE  OF BUSINESS IS AT LEAST FIFTY THOUSAND SQUARE FEET
WHICH DOES NOT UTILIZE REVERSE VENDING MACHINES TO PROCESS EMPTY  BEVER-
AGE  CONTAINERS FOR REDEMPTION SHALL: (A) ESTABLISH AND MAINTAIN A DEDI-
CATED AREA WITHIN  SUCH  BUSINESS  TO  ACCEPT  BEVERAGE  CONTAINERS  FOR
REDEMPTION;  (B)  ADEQUATELY  STAFF  SUCH  AREA  TO FACILITATE EFFICIENT
ACCEPTANCE AND PROCESSING OF SUCH CONTAINERS DURING BUSINESS HOURS;  AND
(C)  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. THE COMMISSIONER MAY ESTABLISH IN RULES AND
REGULATIONS ADDITIONAL STANDARDS FOR THE EFFICIENT PROCESSING OF  BEVER-
AGE  CONTAINERS  BY SUCH DEALERS.   ON ANY DAY THAT A DEALER 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.
  2. A DEALER SHALL POST A CONSPICUOUS SIGN, AT THE POINT OF  SALE  THAT
STATES:
                     "NEW YORK BOTTLE BILL OF RIGHTS

        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. IT IS ILLEGAL TO RETURN CONTAINERS FOR REFUND  THAT  WERE
PURCHASED OUTSIDE OF 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  THE  FIRST
AND  LAST  HOURS  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  (NYSDEC),  THE  NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THE NEW YORK STATE ATTOR-
NEY 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
AVAILABLE  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 LIST-
ED ON ANY SIGN REQUIRED BY THIS SECTION.

S. 1722                             5

  3. ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, IN A CITY WITH A POPU-
LATION GREATER THAN ONE MILLION, A DEALER MAY LIMIT THE NUMBER OF  EMPTY
BEVERAGE  CONTAINERS TO BE ACCEPTED FOR REDEMPTION AT THE DEALER'S PLACE
OF BUSINESS TO NO  LESS  THAN  SEVENTY-TWO  CONTAINERS  PER  VISIT,  PER
REDEEMER, PER DAY, PROVIDED THAT:
  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  CONTAIN-
ERS ON BEHALF OF THE DEALER; AND THE REDEMPTION CENTER'S HOURS OF OPERA-
TION  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
DEALER  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; OR
  B. THE DEALER PROVIDES, AT A MINIMUM, A CONSECUTIVE  TWO  HOUR  PERIOD
BETWEEN  7:00 A.M. AND 7:00 P.M. DAILY WHEREBY THE DEALER WILL ACCEPT UP
TO TWO HUNDRED FORTY CONTAINERS, PER REDEEMER,  PER  DAY,  AND  POSTS  A
CONSPICUOUS,  PERMANENT  SIGN, MEETING THE SIZE AND COLOR SPECIFICATIONS
SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OPEN TO THE  PUBLIC  VIEW,
IDENTIFYING  THOSE HOURS. THE DEALER MAY NOT CHANGE THE HOURS OF REDEMP-
TION WITHOUT FIRST POSTING A THIRTY DAY NOTICE; OR
  C. THE DEALER'S PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES  FOR
CONSUMPTION  OFF-PREMISES,  AND  THE  DEALER'S PLACE OF BUSINESS IS LESS
THAN TEN THOUSAND SQUARE FEET IN SIZE.
  4. A DEPOSIT INITIATOR SHALL ACCEPT FROM A DEALER  OR  OPERATOR  OF  A
REDEMPTION  CENTER  ANY  EMPTY BEVERAGE CONTAINERS OF THE DESIGN, SHAPE,
SIZE, COLOR, COMPOSITION AND BRAND SOLD  OR  OFFERED  FOR  SALE  BY  THE
DEPOSIT  INITIATOR, AND SHALL PAY THE DEALER OR OPERATOR OF A REDEMPTION
CENTER THE REFUND VALUE OF EACH SUCH BEVERAGE CONTAINER  AS  ESTABLISHED
BY  SECTION 27-1005 OF THIS TITLE.  A DEPOSIT INITIATOR SHALL ACCEPT AND
REDEEM ALL SUCH EMPTY BEVERAGE CONTAINERS FROM A  DEALER  OR  REDEMPTION
CENTER WITHOUT LIMITATION ON QUANTITY.
  5.  A  DEPOSIT  INITIATOR'S  OR DISTRIBUTOR'S FAILURE TO PICK UP EMPTY
BEVERAGE CONTAINERS, INCLUDING CONTAINERS PROCESSED IN A REVERSE VENDING
MACHINE, FROM A REDEMPTION CENTER, DEALER OR THE OPERATOR OF  A  REVERSE
VENDING MACHINE, SHALL BE A VIOLATION OF THIS TITLE.
  6.  IN  ADDITION TO THE REFUND VALUE OF A BEVERAGE CONTAINER AS ESTAB-
LISHED BY SECTION 27-1005 OF THIS TITLE, A DEPOSIT INITIATOR  SHALL  PAY
TO  ANY  DEALER,  OR  OPERATOR  OF A REDEMPTION CENTER, OR DISTRIBUTOR A
HANDLING FEE OF THREE AND ONE-HALF CENTS  FOR  EACH  BEVERAGE  CONTAINER
ACCEPTED  BY  THE  DEPOSIT  INITIATOR  FROM  SUCH  DEALER, OPERATOR OF A
REDEMPTION CENTER OR DISTRIBUTOR.  PAYMENT OF THE HANDLING FEE SHALL  BE
AS  COMPENSATION FOR COLLECTING, SORTING AND PACKAGING OF EMPTY BEVERAGE
CONTAINERS FOR TRANSPORT BACK TO THE DEPOSIT INITIATOR OR ITS  DESIGNEE.
PAYMENT  OF  THE  HANDLING FEE MAY NOT BE CONDITIONED ON THE PURCHASE OF
ANY GOODS OR SERVICES, NOR MAY SUCH PAYMENT BE MADE OUT  OF  THE  REFUND
VALUE  ACCOUNT  ESTABLISHED PURSUANT TO SECTION 27-1012 OF THIS TITLE. A
DISTRIBUTOR WHO DOES  NOT  INITIATE  DEPOSITS  ON  A  TYPE  OF  BEVERAGE
CONTAINER  IS  CONSIDERED  A  DEALER ONLY FOR THE PURPOSE OF RECEIVING A
HANDLING FEE FROM A DEPOSIT INITIATOR.

S. 1722                             6

  7. A DEPOSIT INITIATOR ON A BRAND SHALL ACCEPT FROM A DISTRIBUTOR  WHO
DOES  NOT  INITIATE DEPOSITS ON THAT BRAND ANY EMPTY BEVERAGE CONTAINERS
OF THAT BRAND AND SHALL PAY THE DISTRIBUTOR THE  REFUND  VALUE  OF  EACH
SUCH  BEVERAGE  CONTAINER,  AS  ESTABLISHED  BY  SECTION 27-1005 OF THIS
TITLE.  IN ADDITION, THE DEPOSIT INITIATOR SHALL PAY TO SUCH DISTRIBUTOR
FOR EACH SUCH BEVERAGE CONTAINER  THE  HANDLING  FEE  ESTABLISHED  UNDER
SUBDIVISION  SIX  OF  THIS SECTION.   WITHOUT LIMITING THE RIGHTS OF THE
DEPARTMENT OR ANY PERSON, FIRM OR CORPORATION UNDER THIS SUBDIVISION  OR
ANY OTHER PROVISION OF THIS SECTION, A DISTRIBUTOR, A DEALER OR AN OPER-
ATOR  OF  A  REDEMPTION  CENTER  SHALL  HAVE  A CIVIL RIGHT OF ACTION TO
ENFORCE THIS SUBDIVISION, INCLUDING UPON THREE DAYS NOTICE, THE RIGHT TO
APPLY FOR TEMPORARY AND PRELIMINARY INJUNCTIVE RELIEF AGAINST CONTINUING
VIOLATIONS AND UNTIL ARRANGEMENTS FOR COLLECTION  AND  RETURN  OF  EMPTY
CONTAINERS OR REIMBURSEMENT OF THE REDEEMING DISTRIBUTOR FOR SUCH DEPOS-
ITS AND HANDLING FEES ARE MADE.
  8.    IT  SHALL  BE  THE  RESPONSIBILITY  OF  THE DEPOSIT INITIATOR OR
DISTRIBUTOR TO PROVIDE TO A DEALER OR  REDEMPTION  CENTER  A  SUFFICIENT
NUMBER  OF  BAGS, CARTONS, OR OTHER SUITABLE CONTAINERS, AT NO COST, FOR
THE PACKAGING, HANDLING AND PICKUP OF EMPTY BEVERAGE CONTAINERS THAT ARE
NOT REDEEMED THROUGH A REVERSE VENDING MACHINE.  THE BAGS,  CARTONS,  OR
CONTAINERS MUST BE PROVIDED BY THE DEPOSIT INITIATOR OR DISTRIBUTOR ON A
SCHEDULE  THAT ALLOWS THE DEALER OR REDEMPTION CENTER SUFFICIENT TIME TO
SORT THE EMPTY BEVERAGE CONTAINERS PRIOR  TO  PICK  UP  BY  THE  DEPOSIT
INITIATOR OR DISTRIBUTOR. IN ADDITION:
  A.  WHEN  PICKING UP EMPTY BEVERAGE CONTAINERS, A DEPOSIT INITIATOR OR
DISTRIBUTOR SHALL NOT REQUIRE A DEALER  OR  REDEMPTION  CENTER  TO  LOAD
THEIR  OWN  BAGS,  CARTONS OR CONTAINERS ONTO OR INTO THE DEPOSIT INITI-
ATOR'S OR DISTRIBUTOR'S VEHICLE OR VEHICLES  OR  PROVIDE  THE  STAFF  OR
EQUIPMENT NEEDED TO DO SO.
  B. A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL NOT REQUIRE EMPTY CONTAIN-
ERS  TO  BE  COUNTED  AT  A LOCATION OTHER THAN THE REDEMPTION CENTER OR
DEALER'S PLACE OF BUSINESS. THE DEALER OR REDEMPTION CENTER  SHALL  HAVE
THE RIGHT TO BE PRESENT AT THE COUNT.
  C.  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR SHALL PICK UP EMPTY BEVERAGE
CONTAINERS AT REASONABLE TIMES AND INTERVALS AS DETERMINED IN  RULES  OR
REGULATIONS PROMULGATED BY THE DEPARTMENT.
  9.  NO  PERSON SHALL RETURN OR ASSIST ANOTHER TO RETURN TO A DEALER OR
REDEMPTION CENTER AN EMPTY BEVERAGE CONTAINER FOR ITS  REFUND  VALUE  IF
SUCH  CONTAINER HAD PREVIOUSLY BEEN ACCEPTED FOR REDEMPTION BY A DEALER,
REDEMPTION CENTER, OR DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON BEVER-
AGE CONTAINERS OF THE SAME BRAND.
  10. A REDEEMER, DEALER, DISTRIBUTOR OR  REDEMPTION  CENTER  SHALL  NOT
KNOWINGLY  REDEEM  AN  EMPTY  BEVERAGE  CONTAINER ON WHICH A DEPOSIT WAS
NEVER PAID.
  11. NOTWITHSTANDING THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE, A
DEPOSIT INITIATOR  OR  DISTRIBUTOR  SHALL  ACCEPT  AND  REDEEM  BEVERAGE
CONTAINERS  AS  PROVIDED  IN  THIS TITLE, IF THE DEALER OR OPERATOR OF A
REDEMPTION CENTER SHALL HAVE ACCEPTED AND PAID THE REFUND VALUE OF  SUCH
BEVERAGE CONTAINERS.
  S  5.  Section 27-1009 of the environmental conservation law, as added
by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1009. Refusal of acceptance.
  1. A dealer or operator of a redemption center may  refuse  to  accept
from  a  redeemer,  and  a [distributor] DEPOSIT INITIATOR may refuse to
accept from a dealer or operator of a redemption center any empty bever-

S. 1722                             7

age container which does not state thereon a refund value as established
by section 27-1005 and provided by section 27-1011 of this title.
  2.  A  dealer  or  operator  of a redemption center may also refuse to
accept any broken bottle, corroded or dismembered can, or  any  beverage
container  which  contains  a significant amount of foreign material, as
determined in rules and regulations to be promulgated by the commission-
er. [Notwithstanding the provisions of this subdivision,  a  distributor
shall  accept  beverage  containers  as  provided  in subdivision two of
section 27-1007 of this title, if the dealer  shall  have  accepted  and
paid the refund value of such beverage containers.]
  S  6.  Subdivision 2 of section 27-1011 of the environmental conserva-
tion law is REPEALED.
  S 6-a. Subdivisions 3 and 4 of section 27-1011  of  the  environmental
conservation law are renumbered subdivisions 2 and 3.
  S  7.  The  environmental  conservation law is amended by adding a new
section 27-1012 to read as follows:
S 27-1012. DEPOSIT AND DISPOSITION OF REFUND VALUES; REGISTRATION.
  1. EACH DEPOSIT INITIATOR SHALL DEPOSIT IN A REFUND VALUE  ACCOUNT  AN
AMOUNT  EQUAL TO THE REFUND VALUE REQUIRED TO BE 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 SUCH AMOUNTS IN TRUST FOR THE STATE. A REFUND VALUE  ACCOUNT  SHALL
BE  AN  INTEREST-BEARING  ACCOUNT  ESTABLISHED  IN A BANKING INSTITUTION
LOCATED IN THIS STATE, THE DEPOSITS IN WHICH ARE INSURED BY AN AGENCY OF
THE FEDERAL GOVERNMENT. DEPOSITS OF SUCH AMOUNTS SHALL BE MADE NOT  LESS
FREQUENTLY  THAN  EVERY  FIVE BUSINESS DAYS. ALL INTEREST, DIVIDENDS AND
RETURNS EARNED ON THE ACCOUNT SHALL BE PAID DIRECTLY INTO SAID  ACCOUNT.
SUCH  MONIES  SHALL  BE KEPT SEPARATE AND APART FROM ALL OTHER MONEYS IN
THE POSSESSION OF THE DEPOSIT INITIATOR. THE  COMMISSIONER  OF  TAXATION
AND  FINANCE  MAY  SPECIFY  A SYSTEM OF ACCOUNTS AND RECORDS TO BE MAIN-
TAINED WITH RESPECT TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
  2. PAYMENTS OF REFUND VALUES PURSUANT TO SECTION 27-1007 OF THIS TITLE
SHALL BE PAID FROM EACH DEPOSIT INITIATOR'S  REFUND  VALUE  ACCOUNT.  NO
OTHER  PAYMENT  OR  WITHDRAWAL  FROM  SUCH ACCOUNT MAY BE MADE EXCEPT AS
PRESCRIBED BY THIS SECTION.
  3. EACH DEPOSIT  INITIATOR  SHALL  FILE  QUARTERLY  REPORTS  WITH  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE  ON  A  FORM  AND IN THE MANNER
PRESCRIBED BY  SUCH  COMMISSIONER.  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE  MAY REQUIRE SUCH REPORTS TO BE FILED ELECTRONICALLY.  THE QUAR-
TERLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE FILED FOR THE  QUAR-
TERLY PERIODS ENDING ON THE LAST DAY OF MAY, AUGUST, NOVEMBER AND FEBRU-
ARY OF EACH YEAR, AND EACH SUCH REPORT SHALL BE FILED WITHIN TWENTY DAYS
AFTER  THE END OF THE QUARTERLY PERIOD COVERED THEREBY. EACH SUCH REPORT
SHALL INCLUDE, IN ADDITION TO ANY OTHER  INFORMATION  SUCH  COMMISSIONER
SHALL DETERMINE APPROPRIATE, THE FOLLOWING INFORMATION:
  A.  THE  BALANCE  IN  THE REFUND VALUE ACCOUNT AT THE BEGINNING OF THE
QUARTER FOR WHICH THE REPORT IS PREPARED;
  B. ALL SUCH DEPOSITS CREDITED TO SUCH ACCOUNT AND ALL INTEREST,  DIVI-
DENDS OR RETURNS RECEIVED ON SUCH ACCOUNT, DURING SUCH QUARTER;
  C.  ALL  WITHDRAWALS FROM SUCH ACCOUNT, DURING SUCH QUARTER, INCLUDING
ALL REIMBURSEMENTS PAID PURSUANT TO SUBDIVISION TWO OF THIS SECTION, ALL
SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION; AND
  D. THE BALANCE IN SUCH ACCOUNT AT THE CLOSE OF SUCH QUARTER.
  4. A. QUARTERLY PAYMENTS.  AN AMOUNT EQUAL TO THE BALANCE  OUTSTANDING
IN  THE  REFUND VALUE ACCOUNT AT THE CLOSE OF EACH QUARTER SHALL BE PAID

S. 1722                             8

TO THE COMMISSIONER OF TAXATION AND  FINANCE  AT  THE  TIME  THE  REPORT
PROVIDED  FOR  IN  SUBDIVISION  THREE  OF THIS SECTION IS REQUIRED TO BE
FILED. IF THE PROVISIONS OF THIS SECTION WITH RESPECT  TO  SUCH  ACCOUNT
HAVE  NOT  BEEN FULLY COMPLIED WITH, EACH DEPOSIT INITIATOR SHALL PAY TO
SUCH COMMISSIONER AT SUCH TIME, IN LIEU OF THE AMOUNT DESCRIBED  IN  THE
PRECEDING SENTENCE, AN AMOUNT EQUAL TO THE BALANCE WHICH WOULD HAVE BEEN
OUTSTANDING ON SUCH DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH.
  B.  REFUND  VALUE ACCOUNT SHORTFALL.  IN THE EVENT A DEPOSIT INITIATOR
PAYS OUT MORE IN REFUND VALUES THAN IT COLLECTS IN  DEPOSITS  OF  REFUND
VALUES  DURING THE COURSE OF A QUARTERLY PERIOD AS DESCRIBED IN SUBDIVI-
SION THREE OF THIS SECTION, THE  DEPOSIT  INITIATOR  MAY  APPLY  TO  THE
COMMISSIONER  OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT OF SUCH
EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER THAN THE REFUND VALUE
ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMISSIONER OF  TAXATION  AND
FINANCE.  SUCH  REFUND SHALL BE PAID OUT OF THE ENVIRONMENTAL PROTECTION
FUND CREATED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  C. FINAL REPORT. A DEPOSIT INITIATOR WHO CEASES TO DO BUSINESS IN THIS
STATE AS A DEPOSIT INITIATOR,  SHALL  FILE  A  FINAL  REPORT  AND  REMIT
PAYMENT  OF  ALL  AMOUNTS IN THE REFUND VALUE ACCOUNT AS OF THE CLOSE OF
THE DEPOSIT INITIATOR'S LAST DAY  OF  BUSINESS.  THE  DEPOSIT  INITIATOR
SHALL  INDICATE  ON  THE  REPORT  THAT IT IS A "FINAL REPORT". THE FINAL
REPORT IS DUE TO BE FILED WITH PAYMENT TWENTY DAYS AFTER  THE  CLOSE  OF
THE  QUARTERLY  PERIOD IN WHICH THE DEPOSIT INITIATOR CEASES TO DO BUSI-
NESS. IN THE EVENT THE DEPOSIT INITIATOR PAYS OUT MORE IN REFUND  VALUES
THAN  IT  COLLECTS IN SUCH FINAL QUARTERLY PERIOD, THE DEPOSIT INITIATOR
MAY APPLY TO THE COMMISSIONER OF TAXATION AND FINANCE FOR  A  REFUND  OF
THE  AMOUNT  OF  SUCH EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER
THAN THE REFUND VALUE ACCOUNT, IN THE MANNER AS PROVIDED BY THE  COMMIS-
SIONER  OF  TAXATION  AND  FINANCE. SUCH REFUND SHALL BE PAID OUT OF THE
ENVIRONMENTAL PROTECTION FUND CREATED PURSUANT TO  SECTION  NINETY-TWO-S
OF THE STATE FINANCE LAW.
  5.  ALL MONEYS COLLECTED OR RECEIVED BY THE DEPARTMENT OF TAXATION AND
FINANCE PURSUANT TO THIS TITLE SHALL BE DEPOSITED TO THE CREDIT  OF  THE
COMPTROLLER  WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPA-
NIES AS MAY BE DESIGNATED BY THE COMPTROLLER.  SUCH  DEPOSITS  SHALL  BE
KEPT  SEPARATE  AND APART FROM ALL OTHER MONEYS IN THE POSSESSION OF THE
COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE  SECURITY  FROM  ALL
SUCH DEPOSITORIES. THE COMPTROLLER SHALL PAY ALL AMOUNTS SO DEPOSITED BY
THE DEPARTMENT OF TAXATION AND FINANCE, INCLUDING INTEREST AND PENALTIES
RECEIVED UNDER THIS SECTION, INTO THE ENVIRONMENTAL PROTECTION FUND.
  6. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
PROMULGATE, AND SHALL CONSULT EACH OTHER IN PROMULGATING, SUCH RULES AND
REGULATIONS  AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES
OF THIS TITLE. THE COMMISSIONER AND THE  COMMISSIONER  OF  TAXATION  AND
FINANCE  SHALL  PROVIDE  ALL NECESSARY AID AND ASSISTANCE TO EACH OTHER,
INCLUDING THE SHARING OF ANY INFORMATION  THAT  IS  NECESSARY  TO  THEIR
RESPECTIVE  ADMINISTRATION  AND ENFORCEMENT RESPONSIBILITIES PURSUANT TO
THE PROVISIONS OF THIS TITLE.
  7. A. ANY PERSON WHO IS A DEPOSIT INITIATOR UNDER  THIS  TITLE  ON  OR
BEFORE  SEPTEMBER  FIRST,  TWO THOUSAND NINE, SHALL APPLY TO THE COMMIS-
SIONER OF TAXATION AND FINANCE FOR REGISTRATION AS A DEPOSIT  INITIATOR.
SUCH  APPLICATIONS  MAY  BE  SUBMITTED ON AND AFTER SEPTEMBER FIRST, TWO
THOUSAND NINE. ANY PERSON WHO BECOMES A  DEPOSIT  INITIATOR  AFTER  SUCH
DATE SHALL APPLY FOR REGISTRATION AT LEAST TWENTY DAYS PRIOR TO COLLECT-
ING  ANY DEPOSITS AS SUCH A DEPOSIT INITIATOR. SUCH APPLICATION SHALL BE
IN A FORM PRESCRIBED BY THE COMMISSIONER OF  TAXATION  AND  FINANCE  AND

S. 1722                             9

SHALL  REQUIRE SUCH INFORMATION DEEMED TO BE NECESSARY FOR PROPER ADMIN-
ISTRATION OF THIS TITLE. THE COMMISSIONER OF TAXATION AND FINANCE  SHALL
ISSUE  A  DEPOSIT INITIATOR REGISTRATION CERTIFICATE WITHIN FIFTEEN DAYS
OF RECEIPT OF SUCH APPLICATION OR MAY TAKE AN ADDITIONAL TEN DAYS IF THE
COMMISSIONER  OF TAXATION AND FINANCE DEEMS IT NECESSARY TO CONSULT WITH
THE COMMISSIONER BEFORE ISSUING SUCH REGISTRATION CERTIFICATE. A  REGIS-
TRATION  CERTIFICATE  ISSUED  PURSUANT TO THIS SUBDIVISION MAY BE ISSUED
FOR A SPECIFIED TERM OF NOT LESS THAN THREE YEARS AND SHALL  BE  SUBJECT
TO  RENEWAL  IN ACCORDANCE WITH PROCEDURES SPECIFIED BY THE COMMISSIONER
OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION AND FINANCE  SHALL
FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGISTERED DEPOSIT INITI-
ATORS  AND  SHALL CONTINUALLY UPDATE SUCH LIST AS WARRANTED. THE COMMIS-
SIONER SHALL SHARE ANY INFORMATION WITH THE COMMISSIONER OF TAXATION AND
FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDIVISION.
  B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE  THE  AUTHORITY
TO  REVOKE  OR  REFUSE TO RENEW ANY REGISTRATION ISSUED PURSUANT TO THIS
SUBDIVISION WHEN IT HAS BEEN DETERMINED BY THE COMMISSIONER OF  TAXATION
AND  FINANCE  OR SUCH COMMISSIONER HAS BEEN INFORMED BY THE COMMISSIONER
THAT ANY OF THE PROVISIONS  OF  THIS  TITLE  OR  RULES  AND  REGULATIONS
PROMULGATED   THEREUNDER  HAVE  BEEN  VIOLATED.  SUCH  VIOLATIONS  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FAILURE TO FILE  QUARTERLY  REPORTS,
THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
OF  FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF TAXATION
AND FINANCE OR THE DEPARTMENT, OR KNOWINGLY AIDING OR  ABETTING  ANOTHER
PERSON  IN  VIOLATING  ANY  OF THE PROVISIONS OF THIS TITLE. A NOTICE OF
PROPOSED REVOCATION OR NON-RENEWAL SHALL BE GIVEN TO THE DEPOSIT  INITI-
ATOR  IN THE MANNER PRESCRIBED FOR A NOTICE OF DEFICIENCY OF TAX AND ALL
THE PROVISIONS APPLICABLE TO A NOTICE OF DEFICIENCY UNDER ARTICLE  TWEN-
TY-SEVEN  OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED PURSUANT TO THIS
PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
AUTHORIZED BY THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY  BE  NECES-
SARY  IN  ORDER  TO  ADAPT THE LANGUAGE OF SUCH PROVISIONS TO THE NOTICE
AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
ER OF TAXATION AND FINANCE PURSUANT TO THIS PARAGRAPH  SHALL  CONTAIN  A
STATEMENT  ADVISING THE DEPOSIT INITIATOR THAT THE REVOCATION OR NON-RE-
NEWAL OF REGISTRATION MAY BE CHALLENGED THROUGH A  HEARING  PROCESS  AND
THE PETITION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER OF
TAXATION  AND  FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS ISSUED. A
DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED OR NOT  RENEWED
SHALL  DISCONTINUE  TO DO BUSINESS AS A DEPOSIT INITIATOR IN THIS STATE,
UNTIL THIS TITLE HAS BEEN COMPLIED WITH AND A NEW REGISTRATION HAS  BEEN
ISSUED. ANY DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED MAY
NOT  APPLY  FOR REGISTRATION FOR TWO YEARS FROM THE DATE SUCH REVOCATION
TAKES EFFECT.
  8. THE COMMISSIONER OF TAXATION AND FINANCE MAY  REQUIRE  THE  MAINTE-
NANCE  OF  SUCH  ACCOUNTS,  RECORDS OR DOCUMENTS RELATING TO THE SALE OF
BEVERAGE CONTAINERS, BY ANY BEVERAGE MANUFACTURER,  DISTRIBUTOR,  DEALER
OR  REDEMPTION  CENTER AS SUCH COMMISSIONER MAY DEEM APPROPRIATE FOR THE
ADMINISTRATION OF THIS SECTION. SUCH COMMISSIONER MAY MAKE EXAMINATIONS,
INCLUDING THE CONDUCT OF FACILITY INSPECTIONS  DURING  REGULAR  BUSINESS
HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED TO BE
MAINTAINED UNDER THIS SUBDIVISION.  SUCH ACCOUNTS, RECORDS AND DOCUMENTS
SHALL BE PRESERVED FOR A PERIOD OF THREE YEARS, EXCEPT THAT SUCH COMMIS-
SIONER  MAY  CONSENT  TO  THEIR  DESTRUCTION  WITHIN  THAT PERIOD OR MAY
REQUIRE THAT THEY BE KEPT LONGER.  SUCH ACCOUNTS, RECORDS AND  DOCUMENTS
MAY  BE  KEPT  WITHIN THE MEANING OF THIS SUBDIVISION WHEN REPRODUCED BY

S. 1722                            10

ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM, MICRO-CARD,  MINIATURE  PHOTO-
GRAPHIC   OR  OTHER  PROCESS  WHICH  ACTUALLY  REPRODUCES  THE  ORIGINAL
ACCOUNTS, RECORDS OR DOCUMENTS.
  9.  A.  ANY  PERSON  REQUIRED TO BE REGISTERED UNDER THIS SECTION WHO,
WITHOUT BEING SO REGISTERED, MAKES SALES OF OR OFFERS FOR SALE  BEVERAGE
CONTAINERS  IN  THIS  STATE, IN ADDITION TO ANY OTHER PENALTY IMPOSED BY
THIS TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY THE  COMMIS-
SIONER IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED DOLLARS FOR THE FIRST DAY
ON  WHICH  SUCH  SALES  OR  OFFERS FOR SALE ARE MADE, PLUS AN AMOUNT NOT
EXCEEDING FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT  DAY  ON  WHICH  SUCH
SALES ARE MADE, NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IN THE AGGRE-
GATE.
  B.  ANY  DEPOSIT  INITIATOR  WHO FAILS TO MAINTAIN ACCOUNTS OR RECORDS
PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN THAT SUCH FAILURE  WAS  DUE
TO  REASONABLE  CAUSE  AND  NOT DUE TO NEGLIGENCE OR WILLFUL NEGLECT, IN
ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS TITLE, SHALL BE SUBJECT TO
A PENALTY TO BE ASSESSED BY THE COMMISSIONER OF TAXATION AND FINANCE  OF
NOT  MORE  THAN  ONE THOUSAND DOLLARS FOR EACH QUARTER DURING WHICH SUCH
FAILURE OCCURRED, AND AN ADDITIONAL PENALTY OF NOT MORE THAN  ONE  THOU-
SAND DOLLARS FOR EACH QUARTER SUCH FAILURE CONTINUES.
  10.  THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THE TAX LAW SHALL APPLY
TO THE PROVISIONS OF THIS TITLE FOR WHICH THE COMMISSIONER  OF  TAXATION
AND  FINANCE  IS  RESPONSIBLE,  INCLUDING  COLLECTION  OF  REFUND  VALUE
AMOUNTS, IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS SECTION
EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCON-
SISTENT WITH A PROVISION OF THIS SECTION OR  IS  NOT  RELEVANT  TO  THIS
SECTION  AS  DETERMINED  BY  THE  COMMISSIONER  OF TAXATION AND FINANCE.
FURTHERMORE, FOR PURPOSES OF APPLYING THE PROVISIONS OF ARTICLE  TWENTY-
SEVEN  OF  THE TAX LAW, WHERE THE TERMS "TAX" AND "TAXES" APPEAR IN SUCH
ARTICLE, SUCH TERMS  SHALL  BE  CONSTRUED  TO  MEAN  "REFUND  VALUE"  OR
"BALANCE IN THE REFUND VALUE ACCOUNT".
  11.  IF  ANY  DEPOSIT  INITIATOR  FAILS OR REFUSES TO FILE A REPORT OR
FURNISH ANY INFORMATION REQUESTED IN WRITING BY THE DEPARTMENT OF  TAXA-
TION  AND  FINANCE  OR  THE  DEPARTMENT,  THE DEPARTMENT OF TAXATION AND
FINANCE WITH THE ASSISTANCE OF THE DEPARTMENT MAY, FROM ANY  INFORMATION
IN  ITS  POSSESSION, MAKE AN ESTIMATE OF THE DEFICIENCY AND COLLECT SUCH
DEFICIENCY FROM SUCH DEPOSIT INITIATOR.
  12. EACH DEPOSIT INITIATOR SHALL REGISTER THE CONTAINER LABEL  OF  ANY
BEVERAGE  OFFERED FOR SALE IN THE STATE ON WHICH IT INITIATES A DEPOSIT.
ANY SUCH REGISTERED CONTAINER LABEL SHALL BEAR A UNIVERSAL PRODUCT CODE.
SUCH UNIVERSAL PRODUCT CODE SHALL BE NEW YORK STATE SPECIFIC,  IN  ORDER
TO  IDENTIFY  THE  BEVERAGE CONTAINER AS OFFERED FOR SALE EXCLUSIVELY IN
NEW YORK STATE, AND AS A  MEANS  OF  PREVENTING  ILLEGAL  REDEMPTION  OF
BEVERAGE  CONTAINERS  PURCHASED  OUT-OF-STATE.   REGISTRATION MUST BE ON
FORMS AS PRESCRIBED BY THE DEPARTMENT AND  MUST  INCLUDE  THE  UNIVERSAL
PRODUCT  CODE  FOR  EACH  COMBINATION OF BEVERAGE AND CONTAINER MANUFAC-
TURED. THE DEPOSIT INITIATOR SHALL RENEW A LABEL  REGISTRATION  WHENEVER
THAT LABEL IS REVISED BY ALTERING THE UNIVERSAL PRODUCT CODE OR WHENEVER
THE  CONTAINER  ON  WHICH  IT APPEARS IS CHANGED IN SIZE, COMPOSITION OR
GLASS COLOR.
  S 8. 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-

S. 1722                            11

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 DEPOSIT INITIATOR OR distributor may  require  of
dealers and redemption centers; (3) the [pick up] 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) 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 redemp-
tion of containers from a beverage for which sales have been  discontin-
ued, and to issue permits to persons, firms or corporations which estab-
lish  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 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] SECTION 27-1007
[and 27-1009] of this title.
  S 9. Section 27-1014 of the environmental conservation law,  as  added
by chapter 149 of the laws of 1983, is amended to read as follows:
S  27-1014.  [Limitation  on]  AUTHORITY  TO  PROMULGATE rules and regu-
                lations.
  In addition to the  authority  of  the  commissioner,  under  sections
27-1009 and 27-1013 of this title, the commissioner shall [only have the
power  to  promulgate  rules and regulations governing the initiation of
deposits, sale of beverages in containers through vending  machines  and
for  on-premises  consumption,  record keeping, refunding for refillable
beverage containers, embossing, imprinting or labeling of refund  values
and  enforcement  of the provisions of this section and sections 27-1009
and 27-1013 of this title] HAVE THE POWER TO PROMULGATE RULES AND  REGU-
LATIONS necessary and appropriate to the [implementation] ADMINISTRATION
of this title.
  S  10. Section 27-1015 of the environmental conservation law, as added
by chapter 200 of the laws of 1982 and subdivision 1 as  designated  and
subdivision 2 as added by chapter 149 of the laws of 1983, is amended to
read as follows:
S 27-1015. Violations.
  1.  A  violation of this title, EXCEPT AS PROVIDED IN SUBDIVISION FOUR
OF THIS SECTION AND SECTION 27-1012 OF THIS TITLE,  shall  be  a  public
nuisance.  In  addition, EXCEPT AS PROVIDED IN SUBDIVISIONS TWO AND FOUR
OF THIS SECTION AND SECTION 27-1012 OF THIS TITLE, any person who  shall
violate  any provision of this title shall be liable TO THE STATE OF NEW
YORK for a civil penalty of not more than five hundred dollars,  and  an
additional  civil penalty of not more than five hundred dollars for each
day during which each such violation continues. Any civil penalty may be
assessed following a hearing or opportunity to be heard.
  2. ANY DISTRIBUTOR OR DEPOSIT INITIATOR WHO VIOLATES ANY PROVISION  OF
THIS TITLE EXCEPT AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, SHALL BE
LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND  DOLLARS,  AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH DAY DURING WHICH EACH SUCH  VIOLATION  CONTIN-
UES.  ANY  CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTU-
NITY TO BE HEARD.

S. 1722                            12

  3. It shall be unlawful for a distributor OR DEPOSIT INITIATOR, acting
alone or aided by another, to return  ANY  empty  beverage  [containers]
CONTAINER  to a dealer or redemption center for [their] ITS refund value
if the distributor OR DEPOSIT INITIATOR  had  previously  accepted  such
beverage [containers] CONTAINER from any dealer or operator of a redemp-
tion  center.  A  violation  of  this subdivision shall be a misdemeanor
punishable by a fine of not less than five hundred dollars nor more than
one thousand dollars and an amount equal to  two  times  the  amount  of
money received as a result of such violation.
  4.  ANY  PERSON WHO WILFULLY TENDERS TO A DEALER, DISTRIBUTOR, REDEMP-
TION CENTER OR BOTTLER MORE THAN FORTY-EIGHT EMPTY  BEVERAGE  CONTAINERS
THAT  SUCH  PERSON  KNOWS  OR REASONABLY SHOULD KNOW WERE NOT ORIGINALLY
SOLD IN THIS STATE AS FILLED BEVERAGE CONTAINERS MAY BE ASSESSED BY  THE
DEPARTMENT  A  CIVIL  PENALTY  OF  UP  TO  ONE  HUNDRED DOLLARS FOR EACH
CONTAINER OR UP TO TWENTY-FIVE THOUSAND DOLLARS FOR EACH SUCH TENDER  OF
CONTAINERS.  AT  EACH  LOCATION  WHERE  A  PERSON TENDERS CONTAINERS FOR
REDEMPTION, DEALERS AND REDEMPTION CENTERS MUST CONSPICUOUSLY DISPLAY  A
SIGN  IN LETTERS THAT ARE AT LEAST ONE INCH IN HEIGHT WITH THE FOLLOWING
INFORMATION: "WARNING: PERSONS TENDERING CONTAINERS FOR REDEMPTION  THAT
WERE  NOT  ORIGINALLY  PURCHASED IN THIS STATE MAY BE SUBJECT TO A CIVIL
PENALTY OF UP TO ONE HUNDRED DOLLARS PER CONTAINER OR UP TO  TWENTY-FIVE
THOUSAND DOLLARS FOR EACH SUCH TENDER OF CONTAINERS."  ANY CIVIL PENALTY
MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTUNITY TO BE HEARD.
  5.  THE  DEPARTMENT,  THE  DEPARTMENT  OF TAXATION AND FINANCE AND THE
ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
TITLE.  IN ADDITION, THE PROVISIONS OF SECTION 27-1005 OF THIS TITLE AND
SUBDIVISIONS ONE, TWO, THREE, FOUR, FIVE,  TEN  AND  ELEVEN  OF  SECTION
27-1007 OF THIS TITLE MAY BE ENFORCED BY A CITY, TOWN OR VILLAGE AND THE
LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGU-
LATIONS CONSISTENT WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH
PROVISIONS.
  S  11.  The  environmental conservation law is amended by adding a new
section 27-1016 to read as follows:
S 27-1016. PUBLIC EDUCATION.
  THE COMMISSIONER SHALL ESTABLISH A PUBLIC EDUCATION PROGRAM TO DISSEM-
INATE INFORMATION REGARDING IMPLEMENTATION OF THIS TITLE.  SUCH INFORMA-
TION SHALL INCLUDE, BUT NOT BE LIMITED TO, PUBLICATION OF THE  NEW  YORK
BOTTLE BILL OF RIGHTS AS SPECIFIED IN SUBDIVISION TWO OF SECTION 27-1007
OF  THIS  TITLE;  PUBLICATION  OF  INFORMATION SPECIFYING THE PROCEDURES
NECESSARY TO ESTABLISH  A  REDEMPTION  CENTER  AS  PROVIDED  IN  SECTION
27-1013 OF THIS TITLE, INCLUDING INFORMATION REGARDING FINANCIAL ASSIST-
ANCE  AVAILABLE  FOR THE ESTABLISHMENT OF REDEMPTION CENTERS AS PROVIDED
IN SECTION 27-1019 OF THIS TITLE; PUBLICATION OF INFORMATION DELINEATING
THE RELEVANT RIGHTS AND  RESPONSIBILITIES  OF  THE  DEPOSIT  INITIATORS,
DISTRIBUTORS,  DEALERS,  REDEMPTION  CENTERS  AND  REDEEMERS  UNDER  THE
PROVISIONS OF THIS  TITLE;  PUBLICATION  OF  INFORMATION  REGARDING  THE
REQUIREMENT  THAT  DEPOSIT  INITIATORS  REGISTER  WITH THE DEPARTMENT OF
TAXATION AND FINANCE; AND PUBLICATION  OF  INFORMATION  ON  THE  GENERAL
BENEFITS OF RECYCLING.
  S  12. Section 27-1017 of the environmental conservation law, as added
by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1017. Local beverage container laws.
  The provisions of this title shall not be construed so as to limit  in
any  way  the  authority  of  political subdivisions of the state HAD to
enact, implement and enforce local beverage container control laws prior
to but not after the effective date of [this title] THE NEW  YORK  STATE

S. 1722                            13

RETURNABLE  CONTAINER  ACT.    NOTHING  IN  THIS SECTION SHALL LIMIT THE
AUTHORITY  OF  POLITICAL  SUBDIVISIONS  OF  THE  STATE  TO  ENFORCE  THE
PROVISIONS  OF  THIS TITLE THAT PERTAIN TO THE OBLIGATIONS AND RESPONSI-
BILITIES OF SUCH POLITICAL SUBDIVISION.
  S  13.  The  environmental conservation law is amended by adding a new
section 27-1018 to read as follows:
S 27-1018. RETURNABLE CONTAINER ACT ADVISORY BOARD.
  1.  THERE IS HEREBY CREATED THE  "RETURNABLE  CONTAINER  ACT  ADVISORY
BOARD,"  REFERRED TO HEREAFTER AS THE BOARD. SUCH BOARD SHALL CONSIST OF
THIRTEEN MEMBERS WHICH SHALL INCLUDE THE COMMISSIONER, THE  COMMISSIONER
OF  ECONOMIC  DEVELOPMENT, THE COMMISSIONER OF TAXATION AND FINANCE, THE
ATTORNEY GENERAL, FOUR MEMBERS APPOINTED BY  THE  GOVERNOR,  ONE  MEMBER
APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE MAYOR OF THE CITY
OF NEW YORK, TWO MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION
OF  THE  TEMPORARY PRESIDENT OF THE SENATE, AND TWO MEMBERS APPOINTED BY
THE GOVERNOR ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY.  EACH
EX  OFFICIO MEMBER OF THE BOARD MAY DESIGNATE A REPRESENTATIVE TO ATTEND
MEETINGS OF THE BOARD AND ACT ON HIS OR HER BEHALF.
  2. THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL SERVE AS THE  CHAIR
OF THE BOARD.
  3.  THE  MEMBERS  OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  4. THE BOARD SHALL, AT A MINIMUM, HAVE THE DUTY AND RESPONSIBILITY TO:
  (A)  SERVE  AS  A  WORKING  FORUM FOR THE EXCHANGE OF VIEWS, CONCERNS,
IDEAS, INFORMATION AND RECOMMENDATIONS  RELATING  TO  ADMINISTRATION  OF
THIS TITLE;
  (B) REQUEST THE ATTENDANCE AT ANY MEETING OF THE BOARD OF SUCH PERSON-
NEL  OF THE DEPARTMENT OR OF OTHER STATE AGENCIES OR AUTHORITIES, AS MAY
BE NECESSARY TO PROVIDE INFORMATION AND OTHERWISE ASSIST THE  BOARD  AND
REQUEST  SUCH INFORMATION FROM THE DEPARTMENT OR OTHER STATE AGENCIES OR
AUTHORITIES AS THE BOARD MAY REQUIRE IN  FULFILLING  ITS  RESPONSIBILITY
UNDER THIS SECTION;
  (C)  MONITOR,  REVIEW  AND  MAKE RECOMMENDATIONS CONCERNING THE OBJEC-
TIVES, METHODS AND STRATEGIES OF THE DEPARTMENT AND OTHER STATE AGENCIES
IN IMPLEMENTING AND PURSUING PROGRAMS DESIGNED TO MEET THE OBJECTIVES OF
THIS TITLE;
  (D) REQUEST AND RECEIVE, UPON  REASONABLE  NOTICE,  REPORTS  FROM  THE
DEPARTMENT  AND  OTHER  STATE AGENCIES AND PUBLIC AUTHORITIES CONCERNING
THE IMPLEMENTATION OF THIS TITLE;
  (E) MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE  CONCERN-
ING IMPLEMENTATION AND ADMINISTRATION OF THIS TITLE; AND
  (F)  PERFORM  OTHER  ACTIVITIES  OR  SERVICES  AS  MAY BE NECESSARY TO
FULFILL THE PURPOSES OF THIS SECTION.
  5. THE BOARD SHALL MEET AT LEAST TWICE EACH YEAR; KEEP A RECORD OF ITS
PROCEEDINGS; AND DETERMINE  THE  RULES  OF  ITS  OWN  PROCEDURES.  EIGHT
MEMBERS  OF  THE  BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
ANY BUSINESS OF THE BOARD.
  6. STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS, SHALL  BE
PERFORMED  BY  PERSONNEL OF THE DEPARTMENT, OR SUCH STATE DEPARTMENTS OR
AGENCIES AS THE CHAIR DEEMS APPROPRIATE OR DESIRABLE.
  7. THE DEPARTMENT  SHALL  PROVIDE  THE  BOARD  WITH  SUCH  FACILITIES,
ASSISTANCE,  AND  DATA  AS WILL ENABLE THE BOARD TO CARRY OUT ITS POWERS
AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE  STATE  OR  SUBDIVI-
SIONS  THEREOF SHALL, AT THE REQUEST OF THE CHAIR PROVIDE THE BOARD WITH

S. 1722                            14

SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO  CARRY
OUT ITS POWERS AND DUTIES.
  S  14. Section 27-1019 of the environmental conservation law is renum-
bered 27-1020 and a new section 27-1019 is added to read as follows:
S 27-1019. BEVERAGE CONTAINER ASSISTANCE PROGRAM.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WITHIN THE
LIMITS OF APPROPRIATIONS THEREFOR, THE  COMMISSIONER  SHALL  MAKE  STATE
ASSISTANCE  PAYMENTS  TO MUNICIPALITIES AND NOT-FOR-PROFIT ORGANIZATIONS
FOR THE COST OF REVERSE VENDING MACHINES AND GRANTS NOT TO EXCEED  FIFTY
PERCENT  OF  THE COSTS OF EQUIPMENT, AND/OR THE ACQUISITION AND/OR REHA-
BILITATION OF REAL PROPERTY OR STRUCTURES  RELATED  TO  THE  COLLECTING,
SORTING,  AND  PACKAGING  OF  EMPTY  BEVERAGE  CONTAINERS SUBJECT TO THE
PROVISIONS OF THIS TITLE. SUCH PAYMENTS SHALL INCLUDE COSTS  RELATED  TO
THE  ESTABLISHMENT  OF  REDEMPTION  CENTERS, INCLUDING MOBILE REDEMPTION
CENTERS.  FOR  THE  PURPOSES  OF  THIS   SECTION,   MUNICIPALITIES   AND
NOT-FOR-PROFIT  ORGANIZATIONS  SHALL  HAVE  THE  MEANING  AS  DEFINED IN
SECTION 54-0101 OF THIS CHAPTER.
  S 15. Paragraph h of subdivision 1 of  section  261  of  the  economic
development  law,  as  amended  by  chapter  471 of the laws of 1998, is
amended to read as follows:
  h. "Eligible project" shall mean actions taken by or on  behalf  of  a
New  York  business involving the acquisition, construction, alteration,
repair or improvement of a building, fixtures, machinery  or  equipment,
provided that such project results in:
  (i)  source  reduction  or  material  substitution,  provided that the
substitution of one hazardous substance, product  or  nonproduct  output
for another does not result in the creation of a new risk,
  (ii) in-process recycling,
  (iii) recycling or reuse of non-hazardous solid wastes,
  (iv) increased energy efficiency,
  (v)  conservation  of  the  use  of  water  or other natural resources
improvements in process economics,
  (vi) elimination of the purchase of materials, the production of which
for the use of said firm would result in more waste or resource consump-
tion, or
  (vii) other practices or technologies that reduce the use of hazardous
materials or otherwise improve air or water quality.
  THE TERM "ELIGIBLE PROJECT" SHALL ALSO INCLUDE ACTIONS TAKEN BY OR  ON
BEHALF  OF A NEW YORK BUSINESS TO SUPPORT COSTS OF EQUIPMENT, AND/OR THE
ACQUISITION AND/OR REHABILITATION OF REAL PROPERTY OR STRUCTURES RELATED
TO THE COLLECTING, SORTING, AND PACKAGING OF EMPTY  BEVERAGE  CONTAINERS
AS  SUCH  TERMS  ARE DEFINED IN TITLE TEN OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW.
  The term "eligible project" shall not include end  of  pipe  pollution
control  technologies  or practices where such controls or practices are
designed primarily to achieve compliance with the environmental  conser-
vation law or regulations promulgated pursuant thereto, or energy recov-
ery  or  incineration, or out-of-process recycling or reuse of hazardous
waste or hazardous substances.
  S 16. Subdivision 3 of section 92-s  of  the  state  finance  law,  as
amended  by  chapter  145  of  the  laws  of 2004, is amended to read as
follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant

S. 1722                            15

to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
ALL  MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO PARAGRAPH A OF SUBDIVI-
SION FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW,  the
amount  of penalties required to be deposited therein by section 71-2724
of the environmental conservation law, and all other moneys credited  or
transferred  thereto  from any other fund or source pursuant to law. All
such  revenue  shall  be  initially  deposited  into  the  environmental
protection fund, for application as provided in subdivision five of this
section.
  S  17.  Paragraph  (b)  of  subdivision 6 of section 92-s of the state
finance law, as amended by chapter 432 of the laws of 1997,  is  amended
to read as follows:
  (b)  Moneys  from the solid waste account shall be available, pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project; municipal waste reduction or recycling project, as  defined  in
article fifty-four of the environmental conservation law; FOR THE BEVER-
AGE  CONTAINER  ASSISTANCE  PROGRAM  PURSUANT  TO SECTION 27-1019 OF THE
ENVIRONMENTAL CONSERVATION LAW; for the purposes of section two  hundred
sixty-one and section two hundred sixty-four of the economic development
law;  any  project  for  the  development, updating or revision of local
solid waste management plans pursuant to sections 27-0107 and 27-0109 of
the environmental conservation law;  and  for  the  development  of  the
pesticide sales and use data base in conjunction with Cornell University
pursuant  to  title  twelve of article thirty-three of the environmental
conservation law.
  S 18. This act shall take effect immediately, provided however, that:
  1. sections two, three and seven of this act shall take effect Septem-
ber 1, 2009;
  2. sections four, five, six, six-a, eight, ten, twelve and thirteen of
this act shall take effect January 1, 2010; and
  3. the requirements to make deposits,  file  reports  and  make  with-
drawals  and payments under section 27-1012 of the environmental conser-
vation law, as added by section seven of this act, shall first apply  to
the period beginning on January 1, 2010 and ending February 28, 2010.

2009-S1722A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-1012, rpld sub 12, En Con L; amd Part SS §16, Chap 59 of 2009

2009-S1722A (ACTIVE) - Summary

Relates to surplus revenues collected from returnable beverage containers, New York state specific UPC codes and the collection of deposits for bottles of water.

2009-S1722A (ACTIVE) - Sponsor Memo

2009-S1722A (ACTIVE) - Bill Text download pdf

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

                                 1722--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to cred-
  iting  excess  revenues  received from deposits on beverage containers
  into the environmental protection fund; to amend  chapter  59  of  the
  laws  of  2009  amending  the  environmental  conservation law and the
  economic development law relating  to  including  additional  beverage
  containers, in relation to the effectiveness of provisions relating to
  bottles  of  water;  and  to repeal certain provisions of the environ-
  mental conservation law relating to a New York state specific UPC code
  for beverage containers

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

  Section  1.  Subdivision  5  of  section  27-1012 of the environmental
conservation law, as added by section 8 of part SS of chapter 59 of  the
laws of 2009, is amended to read as follows:
  5.  All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit  of  the
comptroller  with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller.  Such  deposits  shall  be
kept  separate  and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate  security  from  all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to  be  necessary  for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be  entitled.  After  reserving
the  amount  to  pay  refunds, the comptroller must, by the tenth day of
each month, pay into the state treasury to the credit of  the  [general]
ENVIRONMENTAL  PROTECTION fund the revenue deposited under this subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06869-02-9

S. 1722--A                          2

sion during the preceding calendar month  and  remaining  to  the  comp-
troller's credit on the last day of that preceding month.
  S  2. Subdivision 12 of section 27-1012 of the environmental conserva-
tion law is REPEALED.
  S 3. Subdivision 3 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:
  3. section eight of this act shall take effect on April 1, 2009 except
that the requirements to make deposits,  file  reports  and  make  with-
drawals  and payments under section 27-1012 of the environmental conser-
vation law, as added by section eight  of  this  act,  with  respect  to
containers  defined as beverage containers prior to April 1, 2009, shall
first apply to the period beginning on April 15, 2009 and ending May 31,
2009, and with respect to all  other  beverage  containers  shall  first
apply  to  the period beginning on [June 1] DECEMBER 31, 2009 and ending
[August 31, 2009] FEBRUARY 28, 2010, provided that such  other  beverage
containers will not be required to have a refund value as required under
section  27-1005  of  the  environmental  conservation  law, as added by
section four of this act until [June 1] DECEMBER 31, 2009.  However,  no
refunds  shall be paid to a deposit initiator pursuant to paragraph b of
subdivision 4 of section 27-1012 of the environmental conservation  law,
as added by section eight of this act prior to March 1, 2010.
  S 4. This act shall take effect immediately.

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